[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4104 Introduced in House (IH)]







108th CONGRESS
  2d Session
                                H. R. 4104

   To establish the Director of National Intelligence as head of the 
     intelligence community, to modify and enhance authorities and 
responsibilities relating to the administration of intelligence and the 
            intelligence community, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 1, 2004

   Ms. Harman (for herself, Mr. Hastings of Florida, Mr. Reyes, Mr. 
 Boswell, Mr. Peterson of Minnesota, Mr. Cramer, Ms. Eshoo, Mr. Holt, 
    and Mr. Ruppersberger) introduced the following bill; which was 
  referred to the Select Committee on Intelligence (Permanent Select)

_______________________________________________________________________

                                 A BILL


 
   To establish the Director of National Intelligence as head of the 
     intelligence community, to modify and enhance authorities and 
responsibilities relating to the administration of intelligence and the 
            intelligence community, 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 
Transformation Act of 2004''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:
Sec. 1. Short title; table of contents.
         TITLE I--REORGANIZATION OF THE INTELLIGENCE COMMUNITY

Sec. 101. Reorganization and improvement of management of intelligence 
                            community.
Sec. 102. Establishment of the Joint Tasking Organization in the Office 
                            of the Director of National Intelligence.
Sec. 103. Establishment of the Weapons of Mass Destruction 
                            Proliferation Threat Integration Center.
Sec. 104. Establishment of the Joint Intelligence Comptroller.
 TITLE II--PROVISIONS RELATING TO ACCESS TO AND COLLECTION, ANALYSIS, 
                   AND DISSEMINATION OF INTELLIGENCE

Sec. 201. Procedures for use of terrorism databases.
Sec. 202. All-source analysis training.
Sec. 203. Establishment of integrated intelligence network.
             TITLE III--IMPROVEMENT OF ACQUISITION PROGRAMS

Sec. 301. Improvement of major intelligence acquisition programs.
           TITLE IV--PROVISIONS RELATING TO PERSONNEL MATTERS

Sec. 401. Authority of the Director of National Intelligence with 
                            respect to personnel.
Sec. 402. Intelligence community position management.
Sec. 403. Ten-year term of service for the Director of the Central 
                            Intelligence Agency.
Sec. 404. Modification of the role of the Director of National 
                            Intelligence in recommendations to the 
                            President with respect to directors of 
                            certain elements of the intelligence 
                            community.
Sec. 405. Modification of appointment requirements for the General 
                            Counsel of the Central Intelligence Agency.
                   TITLE V--MISCELLANEOUS PROVISIONS

Sec. 501. Executive Schedule matters.
Sec. 502. Conforming and clerical amendments.

         TITLE I--REORGANIZATION OF THE INTELLIGENCE COMMUNITY

SEC. 101. REORGANIZATION AND IMPROVEMENT OF MANAGEMENT OF INTELLIGENCE 
              COMMUNITY.

    (a) In General.--Title I of the National Security Act of 1947 (50 
U.S.C. 402 et seq.) is amended by striking sections 102 through 104 and 
inserting the following new sections:

           ``office of the director of national intelligence

    ``Sec. 102. (a) Office of Director of National Intelligence.--(1) 
There is an Office of the Director of National Intelligence. The 
function of the Office is to assist the Director of National 
Intelligence in carrying out the duties and responsibilities of the 
Director under this Act and to carry out such other duties as may be 
prescribed by law.
    ``(2) The Office of the Director of National Intelligence is 
composed of the following:
            ``(A) The Director of National Intelligence.
            ``(B) The Deputy Director of National Intelligence.
            ``(C) The Deputy Director of National Intelligence for 
        Operations.
            ``(D) The Deputy Director of National Intelligence for 
        Resources.
            ``(E) The National Intelligence Council.
            ``(F) The General Counsel to the Director of National 
        Intelligence.
            ``(G) The Inspector General of the Intelligence Community.
            ``(H) The Senior Advisor to the Director of National 
        Intelligence for Homeland Security.
            ``(I) Such other offices and officials as may be 
        established by law or the Director of National Intelligence may 
        establish or designate in the Office.
    ``(3) To assist the Director in fulfilling the responsibilities of 
the Director as head of the intelligence community, subject to 
subparagraph (B) the Director shall employ and utilize in the Office of 
the Director of National Intelligence a professional staff having an 
expertise in matters relating to such responsibilities, and may 
establish permanent positions and appropriate rates of pay with respect 
to that staff.
    ``(b) Director of National Intelligence.--(1) There is a Director 
of National Intelligence who shall be appointed by the President, by 
and with the advice and consent of the Senate.
    ``(2) Any individual nominated for appointment as Director of 
National Intelligence shall have extensive national security expertise.
    ``(3) The Director of National Intelligence shall--
            ``(A) serve as head of the United States intelligence 
        community; and
            ``(B) act as the principal adviser to the President for 
        intelligence matters related to the national security.
    ``(c) Deputy Director of National Intelligence.--(1) There is a 
Deputy Director of National Intelligence who shall be appointed by the 
President, by and with the advice and consent of the Senate. The Deputy 
Director of National Intelligence shall also serve as Under Secretary 
of Defense for Intelligence.
    ``(2) Any individual nominated for appointment as Deputy Director 
of National Intelligence shall have extensive national security 
expertise.
    ``(3) The Deputy Director of National Intelligence shall assist the 
Director of National Intelligence in carrying out the Director's 
responsibilities under this Act.
    ``(4) The Deputy Director of National Intelligence shall act for, 
and exercise the powers of, the Director of National Intelligence 
during the Director's absence or disability or during a vacancy in the 
position of the Director of National Intelligence.
    ``(5) The Deputy Director of National Intelligence takes precedence 
in the Office of the Director of National Intelligence immediately 
after the Director of National Intelligence.
    ``(d) Deputy Director of National Intelligence for Operations.--(1) 
There is a Deputy Director of National Intelligence for Operations who 
shall be appointed by the President, by and with the advice and consent 
of the Senate.
    ``(2) Any individual nominated for appointment as Deputy Director 
of National Intelligence for Operations shall have extensive national 
security expertise.
    ``(3) The Deputy Director of National Intelligence for Operations 
shall, subject to the direction of the Director of National 
Intelligence, be responsible for the following:
            ``(A) Directing the efficient and effective tasking of 
        national intelligence collection using technical means and 
        human sources.
            ``(B) Establishing standards and priorities relating to the 
        analysis and production of intelligence by the elements of the 
        intelligence community.
            ``(C) Directing the tasking of analysis and production of 
        intelligence by the elements of the intelligence community.
            ``(D) Directing competitive analysis of analytical products 
        having national importance.
            ``(E) Identifying intelligence requirements.
    ``(4) In carrying out the responsibility for tasking under 
paragraph (3), the Deputy Director of National Intelligence for 
Operations shall--
            ``(A) establish priorities and requirements for daily 
        tasking of collection, analysis, and dissemination of 
        information;
            ``(B) conduct daily tasking of collection, analysis, and 
        dissemination of information;
            ``(C) provide advisory guidance on tasking of collection, 
        analysis, and dissemination of information to elements of those 
        agencies and departments of the United States that collect 
        intelligence that are not included within the National Foreign 
        Intelligence Program;
            ``(D) establish procedures and mechanisms to provide for 
        real-time automated tasking across multiple intelligence 
        disciplines, such as signals intelligence, measurement and 
        signature intelligence, human intelligence, imagery 
        intelligence, and electronic intelligence; and
            ``(E) assess the performance of elements of the 
        intelligence community with respect to tasking requests and 
        priorities.
    ``(5) The Deputy Director of National Intelligence for Operations 
takes precedence in the Office of the Director of National Intelligence 
immediately after the Deputy Director of National Intelligence.
    ``(e) Deputy Director of National Intelligence for Resources.--(1) 
There is a Deputy Director of National Intelligence for Resources who 
shall be appointed by the President, by and with the advice and consent 
of the Senate.
    ``(2) Any individual nominated for appointment as Deputy Director 
of National Intelligence for Resources shall have extensive national 
security expertise.
    ``(3) The Deputy Director of National Intelligence for Resources 
shall, subject to the direction of the Director of National 
Intelligence, be responsible for the following:
            ``(A) Assisting the Director of National Intelligence in 
        developing budgets, evaluating programs, and exercising 
        authority under subsections (c) and (d) of section 103A with 
        respect to reprogramming and transfer of funds and personnel, 
        respectively.
            ``(B)(i) Collecting data and preparing separate quarterly 
        reports on the obligation and expenditures of funds from those 
        elements of the intelligence community under the National 
        Foreign Intelligence Program that are--
                    ``(I) not part of the Department of Defense, and
                    ``(II) part of the Department of Defense.
            ``(ii) Analyzing reports prepared under clause (i).
    ``(4) The Deputy Director of National Intelligence for Resources 
takes precedence in the Office of the Director of National Intelligence 
immediately after the Deputy Director of National Intelligence for 
Operations.
    ``(f) Senior Advisor to the Director of National Intelligence for 
Homeland Security.--(1) There is a Senior Advisor to the Director of 
National Intelligence for Homeland Security who shall be appointed by 
the Director of National Intelligence.
    ``(2) The Senior Advisor to the Director of National Intelligence 
for Homeland Security shall assist the Director of National 
Intelligence in assuring that the intelligence needs for homeland 
security are identified and met.
    ``(g) Military Status of Director and Deputy Directors.--(1) Not 
more than one of the individuals serving in the positions specified in 
paragraph (2) may be a commissioned officer of the Armed Forces, 
whether in active or retired status.
    ``(2) The positions referred to in this paragraph are the 
following:
            ``(A) The Director of National Intelligence.
            ``(B) The Deputy Director of National Intelligence.
            ``(C) The Deputy Director of National Intelligence for 
        Operations.
    ``(3) It is the sense of Congress that, under ordinary 
circumstances, it is desirable that one of the individuals serving in 
the positions specified in paragraph (2)--
            ``(A) be a commissioned officer of the Armed Forces, 
        whether in active or retired status; or
            ``(B) have, by training or experience, an appreciation of 
        military intelligence activities and requirements.
    ``(4) A commissioned officer of the Armed Forces, while serving in 
a position specified in paragraph (2)--
            ``(A) shall not be subject to supervision or control by the 
        Secretary of Defense or by any officer or employee of the 
        Department of Defense;
            ``(B) shall not exercise, by reason of the officer's status 
        as a commissioned officer, any supervision or control with 
        respect to any of the military or civilian personnel of the 
        Department of Defense except as otherwise authorized by law; 
        and
            ``(C) shall not be counted against the numbers and 
        percentages of commissioned officers of the rank and grade of 
        such officer authorized for the military department of that 
        officer.
    ``(5) Except as provided in subparagraph (A) or (B) of paragraph 
(4), the appointment of an officer of the Armed Forces to a position 
specified in paragraph (2) shall not affect the status, position, rank, 
or grade of such officer in the Armed Forces, or any emolument, 
perquisite, right, privilege, or benefit incident to or arising out of 
such status, position, rank, or grade.
    ``(6) A commissioned officer of the Armed Forces on active duty who 
is appointed to a position specified in paragraph (2), while serving in 
such position and while remaining on active duty, shall continue to 
receive military pay and allowances and shall not receive the pay 
prescribed for such position. Funds from which such pay and allowances 
are paid shall be reimbursed from funds available to the Director of 
National Intelligence.
    ``(h) National Intelligence Council.--(1) There is a National 
Intelligence Council.
    ``(2)(A) Subject to subparagraph (C), the Council shall be composed 
of senior analysts within the intelligence community and substantive 
experts from the public and private sector, who shall be appointed by, 
report to, and serve at the pleasure of the Director of National 
Intelligence.
    ``(B) The Director shall prescribe appropriate security 
requirements for personnel appointed from the private sector as a 
condition of service on the Council, or as contractors of the Council 
or employees of such contractors, to ensure the protection of 
intelligence sources and methods while avoiding, wherever possible, 
unduly intrusive requirements which the Director considers to be 
unnecessary for this purpose.
    ``(3) The Council shall--
            ``(A) consistent with paragraph (9), produce national 
        intelligence estimates for the Government, including 
        alternative views held by elements of the intelligence 
        community;
            ``(B) evaluate community-wide collection, analysis, and 
        production of intelligence by the intelligence community and 
        the requirements and resources of such collection, analysis, 
        and production; and
            ``(C) otherwise assist the Director in carrying out the 
        responsibilities described in section 103(a).
    ``(4) Within their respective areas of expertise and under the 
direction of the Director, the members of the Council shall constitute 
the senior intelligence advisers of the intelligence community for 
purposes of representing the views of the intelligence community within 
the Government.
    ``(5) Subject to the direction and control of the Director, the 
Council may carry out its responsibilities under this subsection by 
contract, including contracts for substantive experts necessary to 
assist the Council with particular assessments under this subsection.
    ``(6) The Director shall make available to the Council such staff 
as may be necessary to permit the Council to carry out its 
responsibilities under this subsection, and shall take appropriate 
measures to ensure that the Council and its staff satisfy the needs of 
policymaking officials and other consumers of intelligence.
    ``(7) The Council shall be readily accessible to policymaking 
officials and other appropriate individuals not otherwise associated 
with the intelligence community.
    ``(8) The heads of elements within the intelligence community 
shall, as appropriate, furnish such support to the Council, including 
the preparation of intelligence analyses, as may be required by the 
Director.
    ``(9)(A) National intelligence estimates produced under paragraph 
(3)(A) shall--
            ``(i) separately state, and distinguish between, the 
        intelligence underlying the estimate and the assumptions and 
        judgment of analysts with respect to that intelligence and 
        estimate;
            ``(ii) describe the quality and reliability of the 
        intelligence underlying the estimates;
            ``(iii) present and explain alternative conclusions with 
        respect to the intelligence and estimates; and
            ``(iv) characterize the uncertainties and confidence levels 
        associated with the estimates.
    ``(B)(i) There is established within the Council a division to be 
known as the `National Intelligence Council Alternative Analysis Unit' 
hereinafter in this subparagraph referred to as the `Alternative 
Analysis Unit'.
    ``(ii) The Director of National Intelligence shall appoint the head 
of the Alternative Analysis Unit, and shall take such steps as are 
necessary to ensure the independence of the Alternative Analysis Unit.
    ``(iii) The Alternative Analysis Unit shall review each national 
intelligence estimate produced by the Council under paragraph (3)(A) to 
challenge the accuracy of the data, assumptions, analytic methods, and 
judgments of the estimate.
    ``(iv) Each national intelligence estimate produced by the Council 
under paragraph (3)(A) shall include an appendix that contains the 
findings and conclusions of the Alternative Analysis Unit with respect 
to the estimate based upon such review.
    ``(C) Before publication and distribution of a national 
intelligence estimate, the estimate shall be certified by both the 
Director of National Intelligence and the Chairman of the Council as 
approved for publication and distribution.
    ``(i) General Counsel to the Director of National Intelligence.--
(1) There is a General Counsel to the Director of National Intelligence 
who shall be appointed from civilian life by the President, by and with 
the advice and consent of the Senate.
    ``(2) The individual serving in the position of General Counsel to 
the Director of National Intelligence may not, while so serving, also 
serve as the General Counsel of any other agency or department of the 
United States.
    ``(3) The General Counsel to the Director of National Intelligence 
is the chief legal officer for the Director of National Intelligence.
    ``(4) The General Counsel to the Director of National Intelligence 
shall perform such functions as the Director of National Intelligence 
may prescribe.
    ``(j) Inspector General of the Intelligence Community.--(1) There 
shall be an Inspector General of the Intelligence Community who is 
appointed as provided in section 3 of the Inspector General Act of 1978 
(5 U.S.C. App. 3).
    ``(2) The Inspector General of the Intelligence Community shall 
report to and be under the general supervision of the Director of 
National Intelligence.
    ``(3)(A) The Inspector General of the Intelligence Community shall, 
with respect to the Office of the Director of National Intelligence, 
perform such duties, have such responsibilities, and exercise such 
powers specified in the Inspector General Act of 1978 as the Director 
of National Intelligence shall prescribe.
    ``(B) The Inspector General of the Intelligence Community shall 
coordinate the duties and activities of the Inspectors General of the 
elements of the intelligence community.
    ``(4) Each inspector general of an element of the intelligence 
community shall cooperate fully with the Inspector General of the 
Intelligence Community in the performance of any duty or function by 
the Inspector General of the Intelligence Community under this 
subsection regarding such element.
    ``(5) The performance by the Inspector General of the Intelligence 
Community of any duty or function regarding an element of the 
intelligence community may not be construed to modify or affect the 
responsibility of any other inspector general having responsibilities 
regarding the element of the intelligence community.
    ``(6) The individual serving in the position of Inspector General 
of the Intelligence Community may not, while so serving, also serve as 
the Inspector General of any individual agency of the intelligence 
community.
    ``(7) The Inspector General of each agency of the intelligence 
community shall cooperate fully with the Inspector General of the 
Intelligence Community in connection with the performance of any duty 
or function by the Inspector General of the Intelligence Community 
under the Inspector General Act of 1978 (5 U.S.C. App. 3) regarding the 
agency.

        ``responsibilities of director of national intelligence

    ``Sec. 103. (a) Provision of Intelligence.--(1) Under the direction 
of the National Security Council, the Director of National Intelligence 
shall be responsible for providing national intelligence--
            ``(A) to the President;
            ``(B) to the heads of departments and agencies of the 
        executive branch;
            ``(C) to the Chairman of the Joint Chiefs of Staff and 
        senior military commanders; and
            ``(D) where appropriate, to the Senate and House of 
        Representatives and the committees thereof.
    ``(2) Such national intelligence should be timely, objective, 
independent of political considerations, and based upon all sources 
available to the intelligence community.
    ``(b) Responsibilities of the Director of National Intelligence.--
The Director of National Intelligence shall--
            ``(1) develop an annual budget for intelligence and 
        intelligence-related activities of the United States by--
                    ``(A) developing and presenting to the President an 
                annual budget for the National Foreign Intelligence 
                Program; and
                    ``(B) participating in the development by the 
                Secretary of Defense of the annual budgets for the 
                Joint Military Intelligence Program and the Tactical 
                Intelligence and Related Activities Program;
            ``(2) consistent with subsection (e), direct the tasking of 
        collection, analysis, and dissemination of national 
        intelligence by elements of the intelligence community, 
        including the establishment of requirements and priorities of 
        such tasking;
            ``(3) approve collection and analysis requirements, 
        determine collection and analysis priorities, and resolve 
        conflicts in collection and analysis priorities levied on 
        national collection and analysis assets, except as otherwise 
        agreed with the Secretary of Defense pursuant to the direction 
        of the President;
            ``(4) promote and evaluate the utility of national 
        intelligence to consumers within the Government;
            ``(5) eliminate waste and unnecessary duplication within 
        the intelligence community;
            ``(6) establish requirements and priorities for foreign 
        intelligence information to be collected under the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), 
        and provide assistance to the Attorney General to ensure that 
        information derived from electronic surveillance or physical 
        searches under that Act is disseminated so it may be used 
efficiently and effectively for foreign intelligence purposes, except 
that the Director shall have no authority to direct, manage, or 
undertake electronic surveillance or physical search operations 
pursuant to that Act unless otherwise authorized by statute or 
Executive order;
            ``(7) establish the requirements and procedures for the 
        classification of information;
            ``(8) establish the requirements and procedures for the 
        dissemination of classified information by elements of the 
        intelligence community;
            ``(9) establish intelligence reporting guidelines that 
        maximize dissemination of information while protecting 
        intelligence sources and methods;
            ``(10) oversee and ensure compliance by each elements of 
        the intelligence community with the statutes and Executive 
        orders of the United States, including laws related to the 
        protection of privacy of United States persons;
            ``(11) protect intelligence sources and methods from 
        unauthorized disclosure as provided in subsection (c);
            ``(12) consistent with the requirement to protect sources 
        and methods from unauthorized disclosure, ensure that such 
        intelligence is portrayed accurately to the public; and
            ``(13) perform such other functions as the President or the 
        National Security Council may direct.
    ``(c) Protection of Intelligence Sources and Methods.--(1) In order 
to protect intelligence sources and methods from unauthorized 
disclosure and, consistent with that protection, to maximize the 
dissemination of intelligence, the Director of National Intelligence 
shall establish and implement guidelines for the following purposes:
            ``(A) The classification of information.
            ``(B) Access to and dissemination of intelligence, both in 
        final form and in the form when initially gathered.
            ``(C) The preparation of intelligence reports to ensure 
        that, to the maximum extent practicable, information contained 
        in such reports is also available in unclassified form.
    ``(2) The Director may only delegate a duty or authority given the 
Director under this subsection to the Deputy Director of National 
Intelligence.
    ``(d) Uniform Procedures for Sensitive Compartmented Information.--
The President, acting through the Director of National Intelligence, 
shall--
            ``(1) establish uniform standards and procedures for the 
        grant of access to sensitive compartmented information to any 
        officer or employee of any agency or department of the United 
        States and to employees of contractors of those agencies or 
        departments;
            ``(2) ensure the consistent implementation of those 
        standards and procedures throughout such agencies and 
        departments;
            ``(3) ensure that security clearances granted by individual 
        elements of the intelligence community are recognized by all 
        elements of the intelligence community, and under contracts 
        entered into by those agencies; and
            ``(4) with respect to applications for a security clearance 
        for access to sensitive compartmented information, assure that 
        a decision on the application is made by not later than 90 days 
        after the date on which the completed application is received 
        by the appropriate official of the office in which such 
        decisions are made.
    ``(e) Consultation With Department Secretaries in Direction of 
Executive Department Tasking.--In carrying out the responsibility under 
subsection (b)(2), relating to the direction of tasking of collection, 
analysis, and dissemination of national intelligence, for elements of 
the intelligence community that are part of an Executive department, 
the Director of National Intelligence shall be consult with the head of 
the Executive department to--
            ``(1) ensure that the analytic needs of the department are 
        met;
            ``(2) maintain competitive analysis; and
            ``(3) ensure that differences in judgment are fully 
        considered within the intelligence community and brought to the 
        attention of the policymakers.

           ``authorities of director of national intelligence

    ``Sec. 103A. (a) Access to Intelligence.--To the extent recommended 
by the National Security Council and approved by the President, the 
Director of National Intelligence shall have access to all intelligence 
related to the national security which is collected by any department, 
agency, or other entity of the United States.
    ``(b) Approval of Budgets.--The Director of National Intelligence 
shall supervise the elements of the intelligence community in the 
preparation of their annual budgets, and shall approve such budgets 
before their incorporation in the National Foreign Intelligence 
Program.
    ``(c) Reprogramming.--(1) No funds made available under the 
National Foreign Intelligence Program may be reprogrammed by any 
element of the intelligence community without the prior approval of the 
Director of National Intelligence except in accordance with procedures 
issued by the Director of National Intelligence, including any revision 
of the guidelines issued in April 2003, by the Director of Central 
Intelligence.
    ``(2) The Secretary of Defense shall consult with the Director 
before reprogramming funds made available under the Joint Military 
Intelligence Program.
    ``(d) Transfer of Funds or Personnel Within National Foreign 
Intelligence Program.--(1)(A) In addition to any other authorities 
available under law for such purposes, the Director of National 
Intelligence may, with the approval of the Director of the Office of 
Management and Budget, transfer funds appropriated for a program within 
the National Foreign Intelligence Program to another such program and, 
in accordance with procedures to be developed by the Director, may 
transfer personnel authorized for an element of the intelligence 
community to another such element for periods up to a year.
    ``(B) The Director may only delegate a duty or authority given the 
Director under this subsection to the Deputy Director of National 
Intelligence.
    ``(2) A transfer of funds or personnel may be made under this 
subsection only if--
            ``(A) the funds or personnel are being transferred to an 
        activity that is a higher priority intelligence activity;
            ``(B) the need for funds or personnel for such activity is 
        based on unforeseen requirements; and
            ``(C) the transfer does not involve a transfer of funds to 
        the Reserve for Contingencies of the Central Intelligence 
        Agency.
    ``(3) With respect to a transfer of funds or personnel under this 
subsection, insofar as the Secretary or head of the department which 
contains the affected element or elements of the intelligence community 
objects to such a transfer, the objection may only be made as follows:
            ``(A) The Secretary or head of the department which 
        contains the affected element or elements of the intelligence 
        community shall submit an objection to the transfer directly to 
        the President.
            ``(B)(i) Except as provided in clause (ii), the authority 
        to object to a transfer under this paragraph may not be 
        delegated by the Secretary or head of the department involved.
            ``(ii) With respect to the Department of Defense, the 
        authority to object to such a transfer may be delegated by the 
        Secretary of Defense, but only to the Deputy Secretary of 
        Defense.
            ``(C) The President shall not consider an objection to a 
        transfer under this paragraph unless the objection is submitted 
        to the President in writing.
    ``(4) Funds transferred under this subsection shall remain 
available for the same period as the appropriations account to which 
transferred.
    ``(5)(A) Any transfer of funds under this subsection shall be 
carried out in accordance with existing procedures applicable to 
reprogramming notifications for the appropriate congressional 
committees.
    ``(B) Any proposed transfer for which notice is given to the 
appropriate congressional committees shall be accompanied by a report 
explaining the nature of the proposed transfer and how it satisfies the 
requirements of this subsection. In addition, the Select Committee on 
Intelligence of the Senate and the Permanent Select Committee on 
Intelligence of the House of Representatives shall be promptly notified 
of any transfer of funds made pursuant to this subsection in any case 
in which the transfer would not have otherwise required reprogramming 
notification under procedures in effect as of October 24, 1992.
    ``(6) The Director shall promptly submit to the Select Committee on 
Intelligence of the Senate and to the Permanent Select Committee on 
Intelligence of the House of Representatives and, in the case of the 
transfer of personnel to or from the Department of Defense, the 
Committee on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives, a report on any transfer of 
personnel made pursuant to this subsection. The Director shall include 
in any such report an explanation of the nature of the transfer and how 
it satisfies the requirements of this subsection.
    ``(e) Coordination With Foreign Governments.--Under the direction 
of the National Security Council and in a manner consistent with 
section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927), the 
Director of National Intelligence shall coordinate the relationships 
between elements of the intelligence community and the intelligence or 
security services of foreign governments on all matters involving 
intelligence related to the national security or involving intelligence 
acquired through clandestine means.

                     ``central intelligence agency

    ``Sec. 104. (a) In General.--There is a Central Intelligence 
Agency.
    ``(b) Function.--The function of the Agency shall be to assist the 
Director of the Central Intelligence Agency in carrying out the 
responsibilities of the Director under section 104A(d).

             ``director of the central intelligence agency

    ``Sec. 104A. (a) Director of Central Intelligence Agency.--There is 
a Director of the Central Intelligence Agency who shall be appointed by 
the President, by and with the advice and consent of the Senate.
    ``(b) Head of Central Intelligence Agency.--The Director of the 
Central Intelligence Agency shall be the head of the Central 
Intelligence Agency.
    ``(c) Prohibition on Simultaneous Service as Director of National 
Intelligence.--The individual serving in the position of Director of 
the Central Intelligence Agency shall not, while so serving, also serve 
as the Director of National Intelligence.
    ``(d) General Responsibilities.--As head of the Central 
Intelligence Agency, the Director of the Central Intelligence Agency 
shall--
            ``(1) provide capabilities for the collection of 
        intelligence through human sources and by other appropriate 
        means and provide for the analysis of such intelligence, except 
        that the Agency shall have no police, subpoena, or law 
        enforcement powers or internal security functions;
            ``(2) correlate, evaluate, and analyze intelligence related 
        to the national security and provide appropriate dissemination 
        of such intelligence;
            ``(3) perform such additional services as are of common 
        concern to the elements of the intelligence community, which 
        services the Director of National Intelligence determines can 
        be more efficiently accomplished centrally; and
            ``(4) perform such other functions and duties related to 
        intelligence affecting the national security as the Director of 
        National Intelligence.''.
    (b) General References.--(1) Any reference to the Director of 
Central Intelligence in the Director's capacity as the head of the 
intelligence community in any law, regulation, document, paper, or 
other record of the United States shall be deemed to be a reference to 
the Director of National Intelligence.
    (2) Any reference to the Director of Central Intelligence in the 
Director's capacity as the head of the Central Intelligence Agency in 
any law, regulation, document, paper, or other record of the United 
States shall be deemed to be a reference to the Director of the Central 
Intelligence Agency.
    (3) Any reference to the Deputy Director of Central Intelligence in 
the Deputy Director's capacity as deputy to the head of the 
intelligence community in any law, regulation, document, paper, or 
other record of the United States shall be deemed to be a reference to 
the Deputy Director of National Intelligence.
    (4) Any reference to the Deputy Director of Central Intelligence 
for Community Management in any law, regulation, document, paper, or 
other record of the United States shall be deemed to be a reference to 
the Deputy Director of National Intelligence for Operations.

SEC. 102. ESTABLISHMENT OF THE JOINT TASKING ORGANIZATION IN THE OFFICE 
              OF THE DIRECTOR OF NATIONAL INTELLIGENCE.

    (a) Establishment of Joint Tasking Organization.--Section 102 of 
the National Security Act of 1947 (50 U.S.C. 403), as amended by 
section 101(a), is further amended by adding at the end the following 
new subsection:
    ``(k) Joint Tasking Organization.--(1) There is a Joint Tasking 
Organization within the Office of the Director of National Intelligence 
headed by the Deputy Director of National Intelligence for Operations.
    ``(2) The mission of the Joint Tasking Organization is to assist 
the Deputy Director of National Intelligence for Operations in the 
tasking of collection, analysis, and dissemination for all elements of 
the intelligence community under the National Foreign Intelligence 
Program under paragraphs (3) and (4) of section 102(d).
    ``(3)(A) In order to respond to a high priority intelligence 
analysis request, the Deputy Director of National Intelligence for 
Operations may assemble a task force composed of personnel from 
elements of the intelligence community for such period as the Deputy 
Director determines is necessary.
    ``(B) The head of any element of the intelligence community 
employing personnel that the Deputy Director of National Intelligence 
for Operations directs to serve on a task force under subparagraph (A) 
shall make available that employee to the Deputy Director for such 
purpose through detail, assignment, or under other arrangement.
    ``(4)(A)(i) The Directors of the Central Intelligence Agency, the 
National Security Agency, and the National Geospatial-Intelligence 
Agency shall recommend to the Director of National Intelligence an 
individual to serve as the tasking director for the respective agency 
in order to carry out the requirements of paragraph (3)(A).
    ``(ii) Taking into account recommendations made under clause (i), 
the Director of National Intelligence shall appoint individuals to 
serve as tasking directors for the agencies referred to in such clause.
    ``(B) Each such tasking director shall report directly to, and 
receive tasking of collection, analysis, and dissemination of 
information from Deputy Director of National Intelligence for 
Operations.
    ``(C) The Deputy Director of National Intelligence for Operations 
shall conduct performance reviews of tasking directors appointed under 
this paragraph.
    ``(D) The Directors of the Central Intelligence Agency, the 
National Security Agency, and the National Geospatial-Intelligence 
Agency shall provide for appropriate training and equipment for each 
respective agency in the collection, analysis, and dissemination of 
human intelligence, signals intelligence, and geospatial 
intelligence.''.
    (b) Assistant Director of National Intelligence for Defense.--
Subsection (d) of section 102 of the National Security Act of 1947 (50 
U.S.C. 403), as amended by section 101(a), is amended by adding at the 
end the following new paragraph:
    ``(6)(A) There is an Assistant Director of National Intelligence 
for Defense who shall be a general or flag officer of a combatant 
command detailed or assigned to the Office of the Director of National 
Intelligence.
    ``(B) The Assistant Director of National Intelligence for Defense 
shall provide for the coordination of intelligence surveillance and 
reconnaissance tasking of intelligence elements of the Department of 
Defense that are not part of the National Foreign Intelligence Program 
with the tasking of collection, analysis, and dissemination of 
intelligence under the National Foreign Intelligence Program.
    ``(C) The Assistant Director of National Intelligence for Defense 
shall keep the Deputy Director of National Intelligence for Operations 
fully apprised of the intelligence needs of the combatant commands.''

SEC. 103. ESTABLISHMENT OF THE WEAPONS OF MASS DESTRUCTION 
              PROLIFERATION THREAT INTEGRATION CENTER.

    (a) Establishment.--Title I of the National Security Act of 1947 
(50 U.S.C. 402 et seq.) is amended by adding at the end the following 
new section:

 ``weapons of mass destruction proliferation threat integration center

    ``Sec. 119. (a) Establishment of Center.--The Director of National 
Intelligence shall establish a center to be known as the `Weapons of 
Mass Destruction Proliferation Threat Integration Center'. The Director 
shall appoint as head of the Center an individual with significant 
expertise in the areas of national security and of weapons of mass 
destruction that threaten the national security of the United States. 
The Director shall carry out this section through the Deputy Director 
of National Intelligence for Operations.
    ``(b) Mission.--The mission of the Center is to provide integrated 
tasking of collection and analysis of national intelligence with 
respect to weapons of mass destruction that threaten the national 
security of the United States.
    ``(c) Staff.--(1) The staff of the Center shall be comprised of 
employees of the following elements of the intelligence community:
            ``(A) The Central Intelligence Agency.
            ``(B) The Defense Intelligence Agency.
            ``(C) The National Security Agency.
            ``(D) The Department of Energy.
            ``(E) The National Geospatial-Intelligence Agency.
            ``(F) The Federal Bureau of Investigation.
            ``(G) The Department of State.
            ``(H) The Department of Homeland Security.
            ``(I) Such other executive agencies as the Director 
        determines to be appropriate.
    ``(2) The heads of the elements of the intelligence community 
referred to in paragraph (1) shall assign or detail to the Center such 
staff as the Director of National Intelligence determines to be 
necessary to carry out the mission of the Center.
    ``(3) In selecting individuals to comprise the staff of the Center, 
the Director of National Intelligence shall assure that individuals 
have appropriate expertise, including regional, social, cultural, and 
technical subject matter expertise.
    ``(d) Access to Information.--The Director shall ensure that the 
staff of the Center has access to--
            ``(1) relevant databases maintained by elements of the 
        intelligence community; and
            ``(2) information in the possession of elements of the 
        intelligence community relating to the credibility and 
        reliability of sources and methods of proliferation of weapons 
        of mass destruction.''.
    (b) Clerical Amendment.--The table of sections for the National 
Security Act of 1947 is amended by inserting after the item relating to 
section 118 the following new item:

``Sec. 119. Weapons of Mass Destruction Proliferation Threat 
                            Integration Center.''.

SEC. 104. ESTABLISHMENT OF THE JOINT INTELLIGENCE COMPTROLLER.

    (a) Establishment Within the Under Secretary of Defense 
(Comptroller).--Section 135 of title 10, United States Code, is amended 
by adding at the end the following new subsection:
    ``(f) Joint Intelligence Comptroller.--(1) There is a Joint 
Intelligence Comptroller appointed from civilian life jointly by the 
Secretary of Defense and the Director of National Intelligence. The 
Joint Intelligence Comptroller shall report directly to the Under 
Secretary of Defense (Comptroller).
    ``(2) The Joint Intelligence Comptroller shall carry out the 
following duties:
            ``(A) Assist the Under Secretary of Defense (Comptroller) 
        in the preparation and execution of the budget of the 
        Department insofar as it relates to the elements of the 
        intelligence community under the jurisdiction of the Department 
        and the Joint Military Intelligence Program and the Tactical 
        Intelligence and Related Activities Program.
            ``(B) Assist the Deputy Director of National Intelligence 
        for Resources in the preparation and execution of the budget of 
        the intelligence community under the National Foreign 
        Intelligence Program.
            ``(C) Provide unfettered access to the Secretary of Defense 
        and the Director of National Intelligence to financial 
        information under the National Foreign Intelligence Program 
        insofar as that information relates to an element of the 
        intelligence community under the jurisdiction of the 
        Department.
            ``(D) Provide information to the Deputy Director of 
        National Intelligence for Resources required for reports under 
        section 102(e)(3)(B) of the National Security Act of 1947 with 
        respect to those elements of the intelligence community under 
        the National Foreign Intelligence Program that are part of the 
        Department of Defense.
    ``(3) The staff of the Joint Intelligence Comptroller shall consist 
of personnel of the Department of Defense and of the intelligence 
community.''.

 TITLE II--PROVISIONS RELATING TO ACCESS TO AND COLLECTION, ANALYSIS, 
                   AND DISSEMINATION OF INTELLIGENCE

SEC. 201. PROCEDURES FOR USE OF DATABASES.

    (a) Establishment of Policies and Procedures.--The President, 
acting jointly through the Attorney General and the Director of 
National Intelligence, shall establish and implement policies and 
procedures governing access to, and use of, specified database 
information by officers and employees of elements of the intelligence 
community and law enforcement personnel of the Federal government.
    (b) Training and Compliance.--(1) The Attorney General and the 
Director of National Intelligence, shall develop and carry out a 
training program for officers and employees of elements of the 
intelligence community and law enforcement personnel of the Federal 
government on the policies and procedures developed under subsection 
(a), and related laws and regulations.
    (2) The President, acting jointly through the Attorney General and 
the Director of National Intelligence, shall ensure compliance with the 
policies and procedures developed under subsection (a) by such 
officers, employees and personnel.
    (c) Definitions.--In this section:
            (1) Specified database information defined.--The term 
        ``specified database information'' means information contained 
        in databases operated by Federal, State, or local governments, 
        and by organizations in the private sector, with respect to 
        United States persons.
            (2) United states person.--The term ``United States 
        person'' has the meaning given that term under section 101(i) 
        of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1801(i)).

SEC. 202. ALL-SOURCE ANALYSIS TRAINING.

    Section 102 of the National Security Act of 1947 (50 U.S.C. 403), 
as amended by sections 101(a) and 102(a), is further amended by adding 
at the end the following new subsection:
    ``(l) All-Source Analysis Training.--(1) The Director of National 
Intelligence, acting through the Director of the Central Intelligence 
Agency, shall establish all-source analysis training programs for all 
analysts in the employ of the intelligence community.
    ``(2) Such training programs shall be developed for entry level and 
advanced analyst positions.
    ``(3) Such training programs shall--
            ``(A) be developed using the subject matter expertise of 
        analysts throughout the intelligence community;
            ``(B) provide for specialized training for analyst 
        positions responsible for counter terrorism and counter 
        proliferation; and
            ``(C) include training with respect to collection 
        capabilities and the determination of the reliability of 
        intelligence sources and methods.
    ``(4) In this subsection, the term `all-source analysis' means the 
analysis of intelligence collected from multiple intelligence sources, 
including signals intelligence, measurement and signature intelligence, 
human intelligence, imagery intelligence, and electronic 
intelligence.''.

SEC. 203. ESTABLISHMENT OF AN INTEGRATED INTELLIGENCE NETWORK.

    Section 102 of the National Security Act of 1947 (50 U.S.C. 403), 
as amended by sections 101(a), 102(a), and 202, is further amended by 
adding at the end the following new subsection:
    ``(m) Integrated Intelligence Network.--(1) The Director of 
National Intelligence and the Secretary of Defense shall develop an 
integrated communications network that provides communications 
capabilities to all elements of the intelligence community. Such 
network shall be designed to provide for access to, and the 
transmission of, intelligence to any employee of the intelligence 
community, to those agencies and departments of the United States that 
the Director determines to be appropriate, to State and local 
government officials to the maximum extent possible consistent with the 
protection of classified information, and such other persons or 
entities as the Director determines to be appropriate.
    ``(2) The Director of National Intelligence and the Secretary of 
Defense shall jointly develop and implement policies and procedures 
with respect to network interoperability, connectivity, and security.
    ``(3) The Director of National Intelligence and the Secretary of 
Homeland Security shall jointly develop and implement policies and 
procedures to ensure that State and local officials have appropriate 
access to the information in the network.
    ``(4) In order to facilitate collaborative analysis of information, 
data mining, and information sharing among governmental departments and 
agencies, and access to databases operated or maintained by the 
intelligence community, the Director of National Intelligence, the 
Secretary of Defense, and the Secretary of Homeland Security shall 
jointly establish and implement an all-source information technology 
infrastructure that operates on the integrated intelligence 
communications network for the intelligence community. The all-source 
information technology infrastructure for the intelligence community 
shall include the development of--
            ``(A) intelligence-related meta-data tagging standards for 
        use by collectors and analysts of intelligence in the 
        intelligence community;
            ``(B) security systems and protocols regulating access to 
        information; and
            ``(C) analytic tools, and the procurement of such tools.
    ``(5) The Director of National Intelligence and the Secretary of 
Defense shall jointly develop and implement policies and procedures 
with respect to access to the integrated intelligence communications 
network for the intelligence community.''.

             TITLE III--IMPROVEMENT OF ACQUISITION PROGRAMS

SEC. 301. IMPROVEMENT OF MAJOR INTELLIGENCE ACQUISITION PROGRAMS.

    (a) Establishment of Joint Acquisition Office.--Title I of the 
National Security Act of 1947 (50 U.S.C. 402 et seq.), as amended by 
section 103(a), is further amended by adding at the end the following 
new section:

   ``acquisition programs of certain intelligence community agencies

    ``Sec. 120. (a) Establishment of Joint Acquisition Office.--(1) 
There is established a Joint Acquisition Office. The Joint Acquisition 
Office shall be headed by a Director jointly appointed by the Director 
of National Intelligence and the Secretary of Defense.
    ``(2) The function of the Joint Acquisition Office shall be to--
            ``(A) carry out policies and procedures for approval and 
        oversight of acquisition programs of the specified intelligence 
        community agencies (as defined in subsection (f)(2)); and
            ``(B) report, and furnish support, to the Under Secretary 
        of Defense for Acquisition, Technology, and Logistics with 
        respect to duties of the Under Secretary related to the 
        acquisition of defense intelligence programs.
    ``(3) The Director of National Intelligence and the Secretary of 
Defense shall jointly establish the policies and procedures for 
approval and oversight of the acquisition programs of each of the 
specified intelligence community agencies.
    ``(b) Establishment of Senior Acquisition Executives.--(1) There is 
established within each of the specified intelligence community 
agencies a senior acquisition executive for that agency responsible for 
the acquisition programs of that agency.
    ``(2) The senior acquisition executive shall meet such requirements 
for qualifications and experience as the Director of National 
Intelligence and the Secretary of Defense may jointly establish.
    ``(3)(A) Each senior acquisition executive established under this 
subsection shall perform the same type of functions as senior 
acquisition executives perform under chapter 87 of title 10, United 
States Code with respect to acquisition programs of the Department of 
Defense.
    ``(B) In order to carry out subparagraph (A), each senior 
acquisition executive established under this subsection shall have the 
same authority that is vested in senior acquisition executives under 
chapter 87 of such title.
    ``(4) Each senior acquisition executive established under this 
subsection shall report to the Director of the Joint Acquisition 
Office.
    ``(c) Applicability of Major Defense Acquisition Program 
Authorities.--(1) Notwithstanding section 924 of the National Defense 
Authorization Act for Fiscal Year 2004 (Public Law 108-136), each 
project designated as a major intelligence acquisition program under 
paragraph (2) shall be managed under the laws, policies, and procedures 
that are applicable to major defense acquisition programs (as defined 
in section 2430 of title 10, United States Code).
    ``(2) The Director of the Joint Acquisition Office shall designate 
those acquisition projects of specified intelligence community 
agencies, including projects under the National Security Agency 
Modernization Program, that are to be managed as major intelligence 
acquisition programs, including each acquisition program that the 
Director of the Joint Acquisition Office estimates will require 
aggregate expenditures of more than $100,000,000 (in fiscal year 2004 
constant dollars).
    ``(d) Milestone Decision Authority.--Notwithstanding subsection 
(c)(2) of such section 924, the authority to make a decision that a 
program is authorized to proceed from one milestone stage into another 
(referred to as the milestone decision authority) may only be exercised 
by the Director of the Joint Acquisition Office for the following:
            ``(1) Each major intelligence acquisition program of a 
        specified intelligence community agency that is to be managed 
        as a major defense acquisition program, as designated under 
        subsection (c).
            ``(2) Each major system under the National Security Agency 
        Modernization Program.
    ``(e) Delegation of Acquisition Authority.--Insofar as the Director 
of National Intelligence determines it to be necessary to ensure that 
acquisition policies and procedures are tailored to the needs of the 
intelligence community, the acquisition authority of the Director may 
be delegated to the Director of the Joint Acquisition Office and to the 
senior acquisition executives established under this section.
    ``(f) Definitions.--In this section, the term `specified 
intelligence community agencies' means the following agencies of the 
intelligence community:
            ``(1) The National Security Agency.
            ``(2) The National Geospatial-Intelligence Agency.
            ``(3) The Defense Intelligence Agency.''.
    (b) Clerical Amendment.--The table of sections for the National 
Security Act of 1947, as amended by section 103(b), is further amended 
by inserting after the item relating to section 119 the following new 
item:

``Sec. 120. Acquisition programs of certain intelligence community 
                            agencies.''.

           TITLE IV--PROVISIONS RELATING TO PERSONNEL MATTERS

SEC. 401. AUTHORITY OF THE DIRECTOR OF NATIONAL INTELLIGENCE WITH 
              RESPECT TO PERSONNEL.

    Section 103A of the National Security Act of 1947, as added by 
section 101(a), is amended by adding at the end the following new 
subsections:
    ``(f) Use of Personnel.--The Director of National Intelligence 
shall, in coordination with the heads of departments and agencies with 
elements in the intelligence community, institute policies and programs 
within the intelligence community--
            ``(1) to provide for the rotation of personnel between the 
        elements of the intelligence community, and to make such 
        rotated service a requirement for promotion to senior 
        positions;
            ``(2) to consolidate a personnel security system for all 
        staff of the intelligence community, including staff of 
        contractors of the intelligence community; and
            ``(3) to consolidate, wherever possible, personnel, 
        administrative, and non-personnel security programs to reduce 
        the overall costs of these activities within the intelligence 
        community.
    ``(g) Standards and Qualifications for Performance of Intelligence 
Activities.--The Director of National Intelligence shall, in 
consultation with the heads of effected agencies, develop standards and 
qualifications for persons engaged in the performance of intelligence 
activities within the intelligence community.
    ``(h) Ensuring Diversity of Personnel Within the Intelligence 
Community.--The Director of National Intelligence shall ensure that the 
composition of the intelligence community is sufficiently diverse to 
gather and analyze information by recruiting and training women, 
minorities, and individuals with diverse ethnic and cultural 
backgrounds and foreign language proficiency through programs provided 
for under law and through such other means as the Director determines 
appropriate.''.

SEC. 402. INTELLIGENCE COMMUNITY POSITION MANAGEMENT.

    (a) In General.--The National Security Act of 1947 (50 U.S.C. 401 
et seq.) is amended--
            (1) by redesignating title XI and sections 1101 and 1102 as 
        title XII and sections 1201 and 1202, respectively; and
            (2) by inserting after title X the following new title:

         ``TITLE XI--INTELLIGENCE COMMUNITY POSITION MANAGEMENT

      ``management policies for intelligence community specialists

    ``Sec. 1101. (a) Establishment.--(1) The Director of National 
Intelligence shall establish policies, procedures, and practices for 
the effective management of personnel of the intelligence community 
that are specially trained in, and oriented toward, intelligence 
community-wide matters.
    ``(2) Personnel referred to in paragraph (1) shall be identified or 
designated (in addition to their intelligence occupational specialty) 
in such manner as Director of National Intelligence directs.
    ``(3) For purposes of this title, personnel to be managed by such 
policies, procedures, and practices are referred to being, or having 
been nominated to be, `intelligence community specialists'.
    ``(b) Positions.--The Director of National Intelligence shall 
establish intelligence community specialist positions within the 
intelligence community.
    ``(c) Numbers and Selection.--(1) The number of intelligence 
community specialists shall be determined by the Director of National 
Intelligence.
    ``(2) The heads of the elements of the intelligence community shall 
nominate from among qualified individuals (described in paragraph (3)) 
to be selected as intelligence community specialists.
    ``(3) A qualified individual referred to in paragraph (2) shall--
            ``(A) meet qualifications prescribed by the Director of 
        National Intelligence; and
            ``(B) be serving in a position at the grade level of GS-13 
        or higher under the General Schedule under chapter 53 of title 
        5, United States Code, or an equivalent position.
    ``(4) The Director of National Intelligence shall ensure that not 
less than one third of the intelligence community specialists positions 
are filled by individuals who are, or who are nominated to be, 
intelligence community specialists.
    ``(d) Education and Experience Requirements.--(1) An individual 
nominated to be an intelligence community specialist under subsection 
(c)(2) may not be selected as an intelligence community specialist 
until the individual--
            ``(A) successfully completes a qualified intelligence 
        community training program (defined in paragraph (2)); and
            ``(B) after completing a qualified intelligence community 
        training program, successfully completes a full detail or 
        assignment in an element of the intelligence community outside 
        the individual's parent element.
    ``(2) For purposes of paragraph (1), a the term `qualified 
intelligence community training program' means a training program that 
familiarizes an individual in the intelligence community with the 
organization and capabilities of the intelligence community, and the 
policies, laws, and regulations governing intelligence community 
activities.
    ``(e) Career Guidelines.--The Director of National Intelligence 
shall establish career guidelines for intelligence community 
specialists. Such guidelines shall include guidelines for--
            ``(1) selection;
            ``(2) training and education;
            ``(3) assignments; and
            ``(4) such other matters as the Director considers 
        appropriate.

  ``promotion policy objectives for intelligence community specialists

    ``Sec. 1102. The Director of National Intelligence shall ensure 
that individuals who are serving, or who have served--
            ``(1) in a position designated for intelligence community 
        specialists, are expected as a group to be promoted at a rate 
        that is not less than the rate applicable to individuals 
employed in elements of the intelligence community in the same pay 
grade and competitive category;
            ``(2) in an assignment in the intelligence community (other 
        than in a position referred to in paragraph (1)) in an element 
        that is not the home element of the individuals, are expected 
        as a group to be promoted at a rate that is not less than the 
        rate applicable to individuals employed in elements of the 
        intelligence community in the same pay grade and competitive 
        category.

  ``requirements for service in multiple elements of the intelligence 
   community for appointment to senior positions in the intelligence 
                               community

    ``Sec. 1103. (a) Appointment to Senior Intelligence Management 
Positions.--For purposes of chapter 31 of title 5, United States Code, 
except as provided in subsection (c), no individual may be appointed to 
a position that the Director of National Intelligence designates as a 
senior intelligence management position unless the individual has 
successfully completed a detail or assignment in more than two 
positions in elements of the intelligence community outside the home 
element of the individual, with each such detail or assignment being 
not less than two years in length.
    ``(b) Appointment to Senior Executive Service or Equivalent Senior 
Service.--(1) For purposes of chapter 31 of title 5, United States 
Code, and except as provided in subsections (a) and paragraph (2), no 
individual may be appointed to a position in Senior Executive Service, 
the Senior Intelligence Service, or any equivalent position, in the 
intelligence community unless the individual has successfully completed 
a detail or assignment in more than one position in an element of the 
intelligence community outside the home element of the individual, with 
each such detail or assignment being not less than two years in length.
    ``(2) For purposes of such chapter 31, and except as provided in 
subsection (c), no individual may be appointed to a position that the 
Director of National Intelligence designates as a senior intelligence 
acquisition position unless the individual has successfully completed a 
detail or assignment in one position in an element of the intelligence 
community outside the home element of the individual, with such detail 
or assignment being not less than two years in length.
    ``(c) Exemption Authority.--(1) The Director of National 
Intelligence may waive the prohibition on appointment of an individual 
to a position under subsection (a) or (b)(2) on a case by case basis if 
the Director determines that such a waiver is appropriate based on the 
individual's expertise, experience, or both.
    ``(2) The Director shall promptly give notice in writing to the 
congressional intelligence committees in the case of each waiver 
granted under paragraph (1). The notice shall include an explanation 
for the need for the waiver.

  ``review of promotion lists by the director of national intelligence

    ``Sec. 1104. (a) Review of Promotion Board Recommendation.--The 
Director of National Intelligence shall review the recommendations of 
promotion boards for individuals who served in an intelligence 
community specialist position. The review shall be conducted to 
determine whether the promotion board appropriately considered the 
performance of the individual in such position in determining whether 
to recommend the promotion of that individual.
    ``(b) Comments on Recommendations.--The Director shall provide 
comments to the head of the element of the intelligence community 
involved on the recommendations of the promotion board with respect to 
the individual.
    ``(c) Subsequent Review.--Insofar as the Director of National 
Intelligence determines that a promotion board failed to give 
appropriate consideration to the performance in an intelligence 
community specialist position of the individual involved, the head of 
the element of the intelligence community involved shall--
            ``(1) return such recommendations to the promotion board 
        and include the comments of the Director;
            ``(2) convene a special promotion board; or
            ``(3) take such other appropriate action as the head 
        determines would address the concerns of the Director.''.
    (b) Clerical Amendments.--The table of sections for the National 
Security Act of 1947 is amended by striking the items relating to title 
XI and sections 1101 and 1102 and inserting the following new items:

         ``TITLE XI--INTELLIGENCE COMMUNITY POSITION MANAGEMENT

``Sec. 1101. Management policies for intelligence community 
                            specialists.
``Sec. 1102. Promotion policy objectives for intelligence community 
                            specialists.
``Sec. 1103. Requirements for service in multiple elements of the 
                            intelligence community for appointment to 
                            senior positions in the intelligence 
                            community.
``Sec. 1104. Review of promotion lists by the Director of National 
                            Intelligence.
                     ``TITLE XII--OTHER PROVISIONS

``Sec. 1201. Applicability to United States intelligence activities of 
                            Federal laws implementing international 
                            treaties and agreements.
``Sec. 1202. Counterintelligence initiatives.''.

SEC. 403. TEN-YEAR TERM OF SERVICE FOR THE DIRECTOR OF THE CENTRAL 
              INTELLIGENCE AGENCY.

    (a) Term of Service.--Section 104A(a) of the National Security Act 
of 1947, as added by section 101(a), is amended by adding at the end 
the following: ``The term of service of the Director of the Central 
Intelligence Agency shall be ten years.''.
    (b) Applicability.--(1) The amendment made by subsection (a) shall 
apply with respect to any individual appointed as Director of the 
Central Intelligence Agency on or after the date of the enactment of 
this Act.
    (2) For purposes of paragraph (1), the redesignation of the 
position of Director of Central Intelligence as the position of 
Director of the Central Intelligence Agency in the amendment to the 
National Security Act of 1947 made by section 101(a) of this Act shall 
not be treated as creating a vacancy in the position of Director of the 
Central Intelligence Agency for which appointment is required under 
section 104A of the National Security Act of 1947, as so added.

SEC. 404. MODIFICATION OF THE ROLE OF THE DIRECTOR OF NATIONAL 
              INTELLIGENCE IN RECOMMENDATIONS TO THE PRESIDENT WITH 
              RESPECT TO DIRECTORS OF CERTAIN ELEMENTS OF THE 
              INTELLIGENCE COMMUNITY.

    (a) Joint Recommendations for Certain Appointments.--Subsection (a) 
of section 106 of the National Security Act of 1947 (50 U.S.C. 403-
6(a)) is amended to read as follows:
    ``(a) Joint Recommendations by the Secretary of Defense and the 
Director of National Intelligence for Certain Appointments.--(1) In the 
event of a vacancy in a position referred to in paragraph (2), the 
Secretary of Defense and the Director of National Intelligence shall 
jointly recommend to the President an individual for appointment to the 
position.
    ``(2) Paragraph (1) applies to the following positions:
            ``(A) The Director of the National Security Agency.
            ``(B) The Director of the National Reconnaissance Office.
            ``(C) The Director of the National Geospatial-Intelligence 
        Agency.''.
    (b) Recommendation by the Director of National Intelligence for 
Appointment of the Director of the Central Intelligence Agency.--Such 
section is further amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a), as amended, the 
        following new subsection:
    ``(b) Recommendations by the Director of National Intelligence for 
Certain Appointments.--In the event of a vacancy in the position of the 
Director of the Central Intelligence Agency, the Director of National 
Intelligence shall recommend to the President an individual for 
appointment to the position.''.
    (c) Concurrence of Director of National Intelligence in Certain 
Appointments.--Subsection (c) of such section, as so redesignated by 
subsection (b)(1), is amended to read as follows:
    ``(c) Concurrence of Director of National Intelligence in Certain 
Appointments.--(1) In the event of a vacancy in a position referred to 
in paragraph (2), the head of the department or agency having 
jurisdiction over the position shall obtain the concurrence of the 
Director of National Intelligence before recommending to the President 
an individual for appointment to the position. If the Director does not 
concur in the recommendation, the head of the department or agency 
having jurisdiction over the position may make the recommendation to 
the President without the Director's concurrence, but shall include in 
the recommendation a statement that the Director does not concur in the 
recommendation.
    ``(2) Paragraph (1) applies to the following positions:
            ``(A) The Director of the Defense Intelligence Agency.
            ``(B) The Assistant Secretary of State for Intelligence and 
        Research.
            ``(C) The Director of the Office of Intelligence of the 
        Department of Energy.
            ``(D) The Director of the Office of Counterintelligence of 
        the Department of Energy.
            ``(E) The Assistant Secretary for Intelligence and Analysis 
        of the Department of the Treasury.
            ``(F) The Under Secretary for Information Analysis and 
        Infrastructure Protection of the Department of Homeland 
        Security.''.
    (d) Concurrence of Director of National Intelligence in Certain 
Positions in the Federal Bureau of Investigation.--Such section is 
further amended by adding at the end the following new subsection:
    ``(d) Concurrence of Director of National Intelligence in Certain 
Positions in the Federal Bureau of Investigation.--(1) In the event of 
a vacancy in a position referred to in paragraph (2), the Director of 
the Federal Bureau of Investigation shall obtain the concurrence of the 
Director of National Intelligence before recommending to the Attorney 
General an individual to fill the vacancy.
    ``(2) Paragraph (1) applies to the following positions:
            ``(A) The Executive Assistant Director for Intelligence of 
        the Federal Bureau of Investigation.
            ``(B) The Executive Assistant Director for Counter-
        Terrorism and Counter-Intelligence of the Federal Bureau of 
        Investigation.
            ``(C) Any successor position to the positions listed under 
        the preceding provisions of this paragraph.''.

SEC. 405. MODIFICATION OF APPOINTMENT REQUIREMENTS FOR THE GENERAL 
              COUNSEL OF THE CENTRAL INTELLIGENCE AGENCY.

    (a) Elimination of Requirement of the Advice and Consent of the 
Senate.--Section 20 of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 403t) is amended in the matter preceding paragraph (1) by 
striking ``, by and with the advice and consent of the Senate''.
    (b) Application.--The amendment made by subsection (a) shall apply 
with respect to appointments to the position of General Counsel of the 
Central Intelligence Agency made on or after the date of the enactment 
of this Act.

                   TITLE V--MISCELLANEOUS PROVISIONS

SEC. 501. EXECUTIVE SCHEDULE MATTERS.

    (a) Executive Schedule Level I.--Section 5312 of title 5, United 
States Code, is amended by adding at the end the following new item:
            ``Director of National Intelligence.''.
    (b) 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.''.
    (c) Executive Schedule Level III.--Section 5314 of title 5, United 
States Code, is amended by striking the item relating to the Deputy 
Directors of Central Intelligence and inserting the following new item:
            ``Deputy Directors of National Intelligence (2).''.
    (d) Executive Schedule Level IV.--Section 5315 of title 5, United 
States Code, is amended--
            (1) by striking the item relating to the Assistant 
        Directors of Central Intelligence;
            (2) by striking the item relating to the Inspector General 
        of the Central Intelligence Agency and inserting the following 
        new items:
            ``Inspector General, Central Intelligence Agency.
            ``Inspector General, Intelligence Community.''; and
            (3) by inserting after the item relating to the General 
        Counsel of the Central Intelligence Agency the following new 
        item:
            ``General Counsel to the Director of National 
        Intelligence.''.

SEC. 502. CONFORMING AND CLERICAL AMENDMENTS.

    (a) National Security Act of 1947.--(1) The National Security Act 
of 1947 (50 U.S.C. 401 et seq.) is amended by striking ``Director of 
Central Intelligence'' and inserting ``Director of National 
Intelligence'' each place it appears in the following provisions:
            (A) Section 3(4)(A) (50 U.S.C. 401a(4)(A)), both places it 
        appears.
            (B) Section 3(4)(J) (50 U.S.C. 401a(4)(J)).
            (C) Section 3(5)(B) (50 U.S.C. 401a(5)(B)).
            (D) Section 3(6) (50 U.S.C. 401a(6)).
            (E) Section 101(h)(2)(A) (50 U.S.C. 402(h)(2)(A)).
            (F) Section 101(h)(5) (50 U.S.C. 402(h)(5)).
            (G) Section 101(i)(2)(A) (50 U.S.C. 402(i)(2)(A)).
            (H) Section 101(j) (50 U.S.C. 402(j)), both places it 
        appears.
            (I) Section 105(a) (50 U.S.C. 403-5(a)).
            (J) Section 105(a)(2) (50 U.S.C. 403-5(a)(2)).
            (K) Section 105(b)(6)(A) (50 U.S.C. 403-5(b)(6)(A)).
            (L) Section 105(d) (50 U.S.C. 403-5(d)).
            (M) Section 105B(a)(1) (50 U.S.C. 403-5b(a)(1)).
            (N) Section 105B(a)(2) (50 U.S.C. 403-5b(a)(2)).
            (O) Section 105B(b) (50 U.S.C. 403-5b(b)), both places it 
        appears.
            (P) Section 105C(a)(6)(B)(viii) (50 U.S.C. 403-
        5c(a)(6)(B)(viii)).
            (Q) Section 105C(b) (50 U.S.C. 403-5c(b)), both places it 
        appears.
            (R) Section 110(b) (50 U.S.C. 404e(b)).
            (S) Section 110(c) (50 U.S.C. 404e(c)).
            (T) Section 111 (50 U.S.C. 404f).
            (U) Section 112(a)(1) (50 U.S.C. 404g(a)(1)).
            (V) Section 112(d)(1) (50 U.S.C. 404g(d)(1)).
            (W) Section 113(b)(2)(A) (50 U.S.C. 404h(b)(2)(A)).
            (X) Section 113(c) (50 U.S.C. 404h(c)).
            (Y) Section 114(a)(1) (50 U.S.C. 404i(a)(1)).
            (Z) Section 114(b)(1) (50 U.S.C. 404i(b)(1)).
            (AA) Section 115(a)(1) (50 U.S.C. 404j(a)(1)).
            (BB) Section 115(b) (50 U.S.C. 404j(b)).
            (CC) Section 115(c)(1)(B) (50 U.S.C. 404j(c)(1)(B)).
            (DD) Section 116(a) (50 U.S.C. 404k(a)).
            (EE) Section 116(b) (50 U.S.C. 404k(b)).
            (FF) Section 117(a)(1) (50 U.S.C. 404l(a)(1)).
            (GG) Section 303(a) (50 U.S.C. 405(a)), both places it 
        appears.
            (HH) Section 501(d) (50 U.S.C. 413(d)).
            (II) Section 502(a) (50 U.S.C. 413a(a)).
            (JJ) Section 502(c) (50 U.S.C. 413a(c)).
            (KK) Section 503(b) (50 U.S.C. 413b(b)).
            (LL) Section 504(d)(2) (50 U.S.C. 414(d)(2)).
            (MM) Section 603(a) (50 U.S.C. 423(a)).
    (2) That Act is amended further amended by striking ``Director of 
Central Intelligence'' and inserting ``Director of the Central 
Intelligence Agency'' each place it appears in the following 
provisions:
            (A) Section 504(a)(2) (50 U.S.C. 414(a)(2)).
            (B) Section 504(a)(3)(C) (50 U.S.C. 414(a)(3)(C)).
            (C) Section 701(a) (50 U.S.C. 431(a)).
            (D) Section 702(a) (50 U.S.C. 432(a)).
    (3) Section 3(4)(A) of that Act (50 U.S.C. 401a(4)(A)) is further 
amended--
            (A) by striking ``as provided in section 105(b)(3)'' and 
        inserting ``as provided in section 102(g)''; and
            (B) by striking ``the Director may'' and inserting ``the 
        Director of National Intelligence may''.
    (4) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is amended 
by striking ``or the Office of the Director of Central Intelligence'' 
and inserting ``the Office of the Director of National Intelligence, or 
the Office of the Director of the Central Intelligence Agency''.
    (5) The subsection caption of section 105(d) of that Act (50 U.S.C. 
403-5(d)) is amended by striking ``the Director of Central 
Intelligence'' and inserting ``Director of National Intelligence''.
    (6) The heading for section 114 of that Act (50 U.S.C. 404i) is 
amended to read as follows:

       ``additional annual reports from the director of national 
                            intelligence''.

    (7) Section 507(a)(1) of that Act (50 U.S.C. 415b(a)(1)) is 
amended--
            (A) by redesignating subparagraph (N) as subparagraph (J); 
        and
            (B) by inserting after subparagraph (J), as so 
        redesignated, the following the following new subparagraph:
            ``(K) The annual report on intelligence community 
        specialists required by section 1105(a).''.
    (8) The table of sections for that Act is amended--
            (A) by striking the items relating to sections 102 through 
        104 and inserting the following new items:

``Sec. 102. Office of the Director of Central Intelligence.
``Sec. 103. Responsibilities of Director of National Intelligence.
``Sec. 103A. Authorities of Director of National Intelligence.
``Sec. 104. Central Intelligence Agency.
``Sec. 104A. Director of the Central Intelligence Agency.''; and
            (B) by striking the item relating to section 114 and 
        inserting the following new item:

``Sec. 114. Additional annual reports from the Director of National 
                            Intelligence.''.
    (b) Central Intelligence Agency Act of 1949.--(1) Section 1 of the 
Central Intelligence Agency Act of 1949 (50 U.S.C. 403a) is amended--
            (A) by redesignating paragraphs (a) and (c) as paragraphs 
        (1) and (3), respectively; and
            (B) by striking paragraph (b) and inserting the following 
        new paragraph (2):
            ``(2) `Director' means the Director of the Central 
        Intelligence Agency; and''.
    (2) Section 6 of that Act (50 U.S.C. 403g) is amended--
            (A) by striking ``Director of Central Intelligence'' and 
        inserting ``Director of National Intelligence''; and
            (B) by striking ``section 103(c)(6) of the National 
        Security Act of 1947 (50 U.S.C. 403-3(c)(6))'' and inserting 
        ``section 103(b)(7) of the National Security Act of 1947''.
    (3) That Act is further amended by striking ``Director of Central 
Intelligence'' each place it appears in the following provisions and 
inserting ``Director of the Central Intelligence Agency'':
            (A) Section 14(b) (50 U.S.C. 403n(b)).
            (B) Section 16(b)(2) (50 U.S.C. 403p(b)(2)).
            (C) Section 16(b)(3) (50 U.S.C. 403p(b)(3)), both places it 
        appears.
            (D) Section 20(g)(3)(B) (50 U.S.C. 403u(g)(3)(B)).
            (E) Section 20(h)(1) (50 U.S.C. 403u(h)(1)).
            (F) Section 20(h)(2) (50 U.S.C. 403u(h)(2)).
    (4) That Act is further amended by striking ``of Central 
Intelligence'' in each of the following provisions:
            (A) Section 16(c)(1)(B) (50 U.S.C. 403p(c)(1)(B)).
            (B) Section 17(d)(1) (50 U.S.C. 403q(d)(1)).
            (C) Section 17(f) (50 U.S.C. 403q(f)), both places it 
        appears.
            (D) Section 20(c) (50 U.S.C. 403t(c)).
    (c) Central Intelligence Agency Retirement Act.--(1) Section 101 of 
the Central Intelligence Agency Retirement Act (50 U.S.C. 2001) is 
amended by striking paragraph (2) and inserting the following new 
paragraph (2):
            ``(2) Director.--The term `Director' means the Director of 
        the Central Intelligence Agency.''.
    (2) Section 201(c) of that Act (50 U.S.C. 2011) is amended by 
striking ``paragraph (6) of section 103(c) of the National Security Act 
of 1947 (50 U.S.C. 403-3(c)) that the Director of Central 
Intelligence'' and inserting ``section 103(b)(7) of the National 
Security Act of 1947 that the Director of the National Intelligence''.
    (d) CIA Voluntary Separation Pay Act.--Subsection (a)(1) of section 
2 of the Central Intelligence Agency Voluntary Separation Pay Act (50 
U.S.C. 2001 note) is amended to read as follows:
            ``(1) the term `Director' means the Director of the Central 
        Intelligence Agency;''.
    (e) Inspector General Act of 1978.--Section 8H(a)(1)(C) of the 
Inspector General Act of 1978 (5 U.S.C. App. 8H(a)(1)(C)) is amended by 
inserting before the period at the end the following: ``or to the 
Inspector General of the Intelligence Community''.
    (f) Foreign Intelligence Surveillance Act of 1978.--(1) The Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is 
amended by striking ``Director of Central Intelligence'' each place it 
appears and inserting ``Director of National Intelligence''.
    (g) Classified Information Procedures Act.--Section 9(a) of the 
Classified Information Procedures Act (5 U.S.C. App.) is amended by 
striking ``Director of Central Intelligence'' and inserting ``Director 
of National Intelligence''.
    (h) Title 10, United States Code.--(1) Section 528 of title 10, 
United States Code, is amended--
            (A) in subsection (a), by striking ``Associate Director of 
        Central Intelligence for Military Support'' and inserting 
        ``Assistant Deputy Director of National Intelligence for 
        Operations''; and
            (B) in the heading, by striking ``Associate Director of 
        Central Intelligence for Military Support'' and inserting 
        ``Assistant Deputy Director of National Intelligence for 
        Operations''.
    (2) The item relating to section 528 in the table of sections at 
the beginning of chapter 32 of such title is amended by striking 
``Associate Director of Central Intelligence for Military Support'' and 
inserting ``Assistant Deputy Director of National Intelligence for 
Operations''.
                                 <all>