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“(a) Establishment of Federal Bureau of Investigation Intelligence Career Service.—The Director of the Federal Bureau of Investigation may—“(1) in consultation with the Director of the Office of Personnel Management—“(A) establish positions for intelligence analysts, and prescribe standards and procedures for establishing and classifying such positions, without regard to chapter 51 of title 5, United States Code; and “(B) fix the rate of basic pay for such positions, without regard to subchapter III of chapter 53 of title 5, United States Code, if the rate of pay is not greater than the rate of basic pay payable for level IV of the Executive Schedule [5 U.S.C. 5315]; “(2) appoint individuals to such positions; and “(3) establish a performance management system for such individuals with at least one level of performance above a retention standard. “(b) Reporting Requirement.—Not less than 60 days before the date of the implementation of authorities authorized under this section, the Director of the Federal Bureau of Investigation shall submit an operating plan describing the Director’s intended use of the authorities under this section to the appropriate committees of Congress. “(c) Annual Report.—Not later than December 31, 2005, and annually thereafter for 4 years, the Director of the Federal Bureau of Investigation shall submit an annual report of the use of the permanent authorities provided under this section during the preceding fiscal year to the appropriate committees of Congress. “(d) Appropriate Committees of Congress Defined.—In this section, the term ‘appropriate committees of Congress[’] means’ [sic]—“(1) the Committees on Appropriations, Homeland Security and Governmental Affairs, and the Judiciary and the Select Committee on Intelligence of the Senate; and “(2) the Committees on Appropriations, Government Reform [now Committee on Oversight and Accountability], and the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives.”

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