[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2475 Referred in Senate (RFS)]
1st Session
H. R. 2475
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 22, 2005
Received; read twice and referred to the Select Committee on
Intelligence
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2006 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 2006''.
(b) Table of Contents.--The table of contents of 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.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL PROVISIONS
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Clarification of delegation of transfer or reprogramming
authority.
Sec. 304. Additional duties for the Director of Science and Technology.
Sec. 305. Comprehensive inventory of special access programs.
Sec. 306. Sense of Congress on budget execution authority procedures.
Sec. 307. Sense of Congress with respect to multi-level security
clearances.
Sec. 308. Reports on failure to timely implement the National
Counterterrorism Center.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2006
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.
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, 2006, 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 bill H.R. 2475 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 2006 under section 102 when
the Director of National Intelligence determines that such action is
necessary to the performance of important intelligence functions.
(b) Notice to Intelligence Committees.--The Director of National
Intelligence shall notify promptly 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 2006 the sum of
$446,144,000. 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,
2007.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of National
Intelligence are authorized 817 full-time personnel as of September 30,
2006. 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 2006 such additional amounts
as are specified in the classified Schedule of Authorizations
referred to in section 102(a). Such additional amounts for
advanced 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,
2006, 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 2006
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.
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 2006 the sum of
$244,600,000.
TITLE III--GENERAL PROVISIONS
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 DELEGATION OF TRANSFER OR REPROGRAMMING
AUTHORITY.
Paragraph (5)(B) of section 102A(d) of the National Security Act of
1947 (50 U.S.C. 403-1(d)), 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 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)''.
SEC. 304. ADDITIONAL DUTIES FOR THE DIRECTOR OF SCIENCE AND TECHNOLOGY.
(a) Coordination and Prioritization of Research Conducted by
Elements of the Intelligence Community.--Subsection (d) of section 103E
of the National Security Act of 1947 (50 U.S.C. 403-3e), 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--
(1) by inserting ``and prioritize'' after ``coordinate'' in
paragraph (3)(A); 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.--Section 103E of such Act (50
U.S.C. 403-3e), as so added, is amended--
(1) in subsection (c)--
(A) by striking ``and'' at the end of paragraph
(4);
(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 community; and''; and
(2) by adding at the end the following new subsection:
``(e) Goals for Technology Needs of the Intelligence Community.--In
carrying out subsection (c)(5), the Director of Science and Technology
shall--
``(1) perform systematic identification and assessment of
the most significant intelligence challenges that require
technical solutions; and
``(2) examine options to enhance the responsiveness of
research and design programs to meet the requirements of the
intelligence community for timely support.''.
(c) Report.--Not later than June 30, 2006, 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. Such report may be submitted in classified form and shall
include--
(1) an assessment of the highest priority intelligence gaps
across the intelligence community that may be resolved by the
use of technology;
(2) goals for advanced research and development and a
strategy to achieve such goals;
(3) an explanation of how each advanced research and
development project funded under the National Intelligence
Program addresses an identified intelligence gap;
(4) 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
(5) a plan to incorporate technology from research and
development projects into National Intelligence Program
acquisition programs.
SEC. 305. COMPREHENSIVE INVENTORY OF SPECIAL ACCESS PROGRAMS.
Not later than January 15, 2006, 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. 306. SENSE OF CONGRESS ON BUDGET EXECUTION AUTHORITY PROCEDURES.
It is the sense of Congress that the Director of National
Intelligence should expeditiously establish the necessary budgetary
processes and procedures with the heads of the departments containing
agencies or organizations within the intelligence community, and the
heads of such agencies and organizations, in order to--
(1) implement the budget execution authorities provided
under, and submit the reports to Congress required by,
subsection (c) of section 102A of the National Security Act of
1947 (50 U.S.C. 403-1), as amended by section 1011(a) of the
National Security Intelligence Reform Act of 2004 (title I of
Public Law 108-458; 118 Stat. 3643); and
(2) carry out the duties and authorities of the Director of
National Intelligence with respect to the transfer and
reprogramming of funds under the National Intelligence Program
under subsection (d) of such section, as so amended.
SEC. 307. SENSE OF CONGRESS WITH RESPECT TO 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. 308. REPORTS ON FAILURE TO TIMELY IMPLEMENT THE NATIONAL
COUNTERTERRORISM CENTER.
(a) Initial Report on Failure to Meet Deadlines Imposed Under
Law.--Not later than 30 days after the date of the enactment of this
Act, the Director of National Intelligence shall provide written notice
to Congress explaining the failure of the executive branch to implement
the National Counterterrorism Center, as established under section 119
of the National Security Act of 1947, as added by section 1021 of the
National Security Intelligence Reform Act of 2004 (title I of the
Intelligence Reform and Terrorism Prevention Act of 2004; Public Law
108-458), by the deadlines imposed under section 1097(a) of such Act
for the implementation of such Center, including the failure by the
President to nominate an individual to serve as Director of the
National Counterterrorism Center.
(b) Subsequent Monthly Updates.--The Director of National
Intelligence shall provide to Congress monthly updates to the initial
notice to Congress under subsection (a) until the National
Counterterrorism Center is fully implemented and operational.
Passed the House of Representatives June 21, 2005.
Attest:
JEFF TRANDAHL,
Clerk.