S.Amdt. 2463

1. Adds SEC. 1082. APPOINTMENT OF THE DIRECTOR OF THE NATIONAL SECURITY AGENCY at the end of subtitle H of title X

   Adds a section

   In S. 1197 · Placed on Calendar Senate

   (e) Date for Submittal of Comptroller General of the United States Report.--Subsection (d) of such section is amended by striking "December 30, 2013" and inserting "December 31, 2014".

   Inserted: SEC. 1082. APPOINTMENT OF THE DIRECTOR OF THE NATIONAL SECURITY AGENCY.

   Inserted: (a) Director of the National Security Agency.--Section 2 of the National Security Agency Act of 1959 (50 U.S.C. 3602) is amended--

   Inserted: (1) by inserting "(b)" before "There"; and

   Inserted: (2) by inserting before subsection (b), as so designated by paragraph (1), the following:

   Inserted: "(a)(1) There is a Director of the National Security Agency.

   Inserted: "(2) The Director of the National Security Agency shall be appointed by the President, by and with the advice and consent of the Senate.

   Inserted: "(3) 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 or executive order.".

   Inserted: (b) Position of Importance and Responsibility.--The President may designate the Director of the National Security Agency as a position of importance and responsibility under section 601 of title 10, United States Code.

   Inserted: (c) Effective Date and Applicability.--

   Inserted: (1) In general.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply upon the earlier of--

   Inserted: (A) the date of the nomination by the President of an individual to serve as the Director of the National Security Agency, except that the individual serving as such Director 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 as such Director, by and with the advice and consent of the Senate, assumes the duties of such Director; or

   Inserted: (B) the date of the cessation of the performance of the duties of such Director by the individual performing such duties as of the date of the enactment of this Act.

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   Inserted: (2) Positions of importance and responsibility.--Subsection (b) shall take effect on the date of the enactment of this Act.

   Inserted: SEC. 1083. APPOINTMENT OF THE INSPECTOR GENERAL OF THE NATIONAL SECURITY AGENCY.

   Inserted: (a) In General.--The Inspector General Act of 1978 (5 U.S.C. App.) is amended--

   Inserted: (1) in section 8G(a)(2), by striking "the National Security Agency,"; and

   Inserted: (2) in section 12--

   Inserted: (A) in paragraph (1), by striking "or the Federal Cochairpersons of the Commissions established under section 15301 of title 40, United States Code" and inserting "the Federal Cochairpersons of the Commissions established under section 15301 of title 40, United States Code; or the Director of the National Security Agency"; and

   Inserted: (B) in paragraph (2), by striking "or the Commissions established under section 15301 of title 40, United States Code" and inserting "the Commissions established under section 15301 of title 40, United States Code, or the National Security Agency".

   Inserted: (b) Effective Date; Incumbent.--

   Inserted: (1) Effective date.--The amendments made by subsection (a) shall take effect on the date on which the first Director of the National Security Agency takes office on or after the date of the enactment of this Act.

   Inserted: (2) Incumbent.--The individual serving as Inspector General of the National Security Agency on the date of the enactment of this Act shall be eligible to be appointed by the President to a new term of service under section 3 of the Inspector General Act of 1978 (5 U.S.C. App.), by and with the advice and consent of the Senate.

   Inserted: SEC. 1084. RESPONSIBILITY OF COMMITTEES IN ADVICE AND CONSENT OF SENATE TO INTELLIGENCE APPOINTMENTS.

   Inserted: (a) In General.--Section 17 of Senate Resolution 400 agreed to May 19, 1976 (94th Congress) is amended to read as follows:

   Inserted: "Sec. 17. (a)(1) Except as provided in subsections (b) and (c), the Select Committee shall have jurisdiction to review, hold hearings, and report the nominations of civilian individuals for positions in the intelligence community for which appointments are made by the President, by and with the advice and consent of the Senate.

   Inserted: "(2) Except as provided in subsections (b) and (c), other committees with jurisdiction over the department or agency of the Executive Branch which contain a position referred to in paragraph (1) may hold hearings and interviews with individuals nominated for such position, but only the Select Committee shall report such nomination.

   Inserted: "(3) In this subsection, the term 'intelligence community' means an element of the intelligence community specified in or designated under section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).

   Inserted: "(b)(1) With respect to the confirmation of the Assistant Attorney General for National Security, or any successor position, the nomination of any individual by the President to serve in such position shall be referred to the Committee on the Judiciary and, if and when reported, to the Select Committee for not to exceed 20 calendar days, except that in cases when the 20-day period expires while the Senate is in recess, the Select Committee shall have 5 additional calendar days after the Senate reconvenes to report the nomination.

   Inserted: "(2) If, upon the expiration of the period described in paragraph (1), the Select Committee has not reported the nomination, such nomination shall be automatically discharged from the Select Committee and placed on the Executive Calendar.

   Inserted: "(c)(1) With respect to the confirmation of appointment to the position of Director of the National Security Agency or Inspector General of the National Security Agency or any successor position to such a position, the nomination of any individual by the President to serve in such position, who at the time of the nomination is a member of the Armed Forces on active duty, shall be referred to the Committee on Armed Services and, if and when reported, to the Select Committee for not to exceed 30 calendar days, except that in cases when the 30-day period expires while the Senate is in recess, the Select Committee shall have 5 additional calendar days after the Senate reconvenes to report the nomination.

   Inserted: "(2) With respect to the confirmation of appointment to the position of Director of the National Security Agency or Inspector General of the National Security Agency, or any successor to such a position, the nomination of any individual by the President to serve in such position, who at the time of the nomination is not a member of the Armed Forces on active duty, shall be referred to the Select Committee and, if and when reported, to the Committee on Armed Services for not to exceed 30 calendar days, except that in cases when the 30-day period expires while the Senate is in recess, the Committee on Armed Services shall have an additional 5 calendar days after the Senate reconvenes to report the nomination.

   Inserted: "(3) If, upon the expiration of the period of sequential referral described in paragraphs (1) and (2), the committee to which the nomination was sequentially referred has not reported the nomination, the nomination shall be automatically discharged from that committee and placed on the Executive Calendar.".

   Inserted: (b) Rulemaking Authority of the Senate.--The amendment made by subsection (a) is enacted--

   Inserted: (1) as an exercise of the rulemaking power of the Senate; and

   Inserted: (2) with full recognition of the constitutional right of the Senate to change the rules of the Senate at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate.

   Inserted: (c) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act.

   Original wording

   At the end of subtitle H of title X, add the following:

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As printed