[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5050 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5050

 To establish the Director of National Intelligence as a cabinet level 
 position in the Executive Office of the President to oversee budget, 
 operations, and personnel of the entire intelligence community of the 
                          Federal Government.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 9, 2004

   Ms. Jackson-Lee of Texas 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 a cabinet level 
 position in the Executive Office of the President to oversee budget, 
 operations, and personnel of the entire intelligence community of the 
                          Federal Government.

    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 ``Director of 
National Intelligence Act of 2004''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
      TITLE I--ESTABLISHMENT OF DIRECTOR OF NATIONAL INTELLIGENCE

Sec. 101. Establishment of the Director of National Intelligence.
Sec. 102. Duties of the Director of National Intelligence.
Sec. 103. Management of the national intelligence program.
     TITLE II--AUTHORITIES OF THE DIRECTOR OF NATIONAL INTELLIGENCE

Sec. 201. Authority of the Director of National Intelligence over 
                            matters relating to budget.
Sec. 202. Authority of the Director of National Intelligence over 
                            matters relating to personnel.
                    TITLE III--ADDITIONAL PROVISIONS

Sec. 301. Resolution of agency priority differences.
Sec. 302. Duty of heads of national intelligence centers to report to 
                            the Director of National Intelligence.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) National intelligence program.--The term ``national 
        intelligence program'' means a program of foreign, military, 
        and domestic intelligence related to the national security 
        under the oversight of the Director of National Intelligence.
            (2) National intelligence center.--The term ``national 
        intelligence center'' means a center established by the 
        Director of National Intelligence to provide all-source 
        analysis and plan intelligence operations for the Federal 
        Government on specific subjects of interest, such as 
        counterterrorism, counterproliferation, counternarcotics, and 
        counterintelligence.
            (3) National intelligence agency.--The term ``national 
        intelligence agency'' means an agency of the United States that 
        contributes to the national intelligence program, including the 
        elements of the intelligence community.
            (4) Intelligence community.--The term ``intelligence 
        community'' has the meaning given such term in section 3(4) of 
        the National Security Act of 1947 (50 U.S.C. 401a(4)).

      TITLE I--ESTABLISHMENT OF DIRECTOR OF NATIONAL INTELLIGENCE

SEC. 101. ESTABLISHMENT OF THE DIRECTOR OF NATIONAL INTELLIGENCE.

    (a) Establishment.--There is in the Executive Office of the 
President a Director of National Intelligence.
    (b) Oversight of National Intelligence Program.--The Director of 
National Intelligence shall act as the principal adviser to the 
President for intelligence matters related to the national security and 
shall oversee budget, operations, and personnel of the national 
intelligence program.
    (c) Appointment.--The Director of National Intelligence shall be 
appointed by the President, by and with the advice and consent of the 
Senate.
    (d) Executive Schedule I Compensation Rate.--The Director of 
National Intelligence shall be compensated at the rate of pay 
applicable under section 5312 of title 5, United States Code.
    (e) Prohibition on Policymaking.--The Director of National 
Intelligence shall not serve as a policymaker.

SEC. 102. DUTIES OF THE DIRECTOR OF NATIONAL INTELLIGENCE.

    The Director of National Intelligence shall carry out the following 
duties:
            (1) Manage the national intelligence program, including 
        oversight of the budget, operations, and personnel of the 
        intelligence community.
            (2) Reorganize the intelligence services around specific 
        threats, such as terrorism, weapons of mass destruction, and 
        hostile countries.
            (3) Oversee national intelligence centers.
            (4) Oversee the national intelligence agencies.
            (5) Advise the President regarding the most relevant and 
        reliable intelligence information.
            (6) Identify national security threats and determining 
        which secrets are most important to protect.
            (7) Advise the President regarding the coordinate efforts 
        of the Department of Homeland Security.
            (8) Work closely with the Director of the Federal Bureau of 
        Investigation and the Director of Central Intelligence.
            (9) Support the President, and the heads of departments and 
        agencies of the executive branch, the Chairman of the Joint 
        Chiefs of Staff, and senior military commanders.
            (10) Establish information sharing and information 
        technology policies to maximize data sharing, as well as 
        policies to protect the security of information.
            (11) Perform such other duties as the President may 
        prescribe.

SEC. 103. MANAGEMENT OF THE NATIONAL INTELLIGENCE PROGRAM.

    (a) In General.--The following officials shall assist the Director 
of National Intelligence in carrying out the duty to manage the 
national intelligence program:
            (1) The Director of Central Intelligence, who shall also 
        serve as the Deputy Director of National Intelligence for 
        Foreign Intelligence, shall carry out duties with respect to 
        foreign intelligence.
            (2) The Under Secretary of Defense for Intelligence, who 
        shall also serve as the Deputy Director of National 
        Intelligence for Military Intelligence, shall carry out duties 
        with respect to military intelligence.
            (3) The Under Secretary of Homeland Security for 
        Information Analysis and Infrastructure Protection, who shall 
        also serve as the Deputy Director of National Intelligence for 
        Domestic Intelligence, shall carry out duties with respect to 
        domestic intelligence.
    (b) Duties With Respect to National Intelligence Center 
Operations.--Each official specified in subsection (a), within the 
respective area of intelligence, shall acquire systems and train 
personnel to execute the operations assigned to the official by a 
director of a national intelligence center.
    (c) Coordination of Agencies of the Intelligence Community.--The 
head of each national intelligence agency shall coordinate functions of 
that agency with the appropriate area of intelligence specified in 
subsection (a).
    (d) Construction.--Nothing in this Act shall be construed as 
modifying the authority or duty of the Secretary of Defense to carry 
out the Joint Military Intelligence Program and the Tactical 
Intelligence and Related Activities Program.

     TITLE II--AUTHORITIES OF THE DIRECTOR OF NATIONAL INTELLIGENCE

SEC. 201. AUTHORITY OF THE DIRECTOR OF NATIONAL INTELLIGENCE OVER 
              MATTERS RELATING TO BUDGET.

    The Director of National Intelligence shall have the following 
duties and authorities over matters relating to the budget of the 
national intelligence program:
            (1) Development of unified budget.--The Director of 
        National Intelligence shall prepare annual unified budgets for 
        the national intelligence program for inclusion in the budget 
        submission of the President under title 31, United States Code, 
        that reflect--
                    (A) priorities of the National Security Council, 
                and
                    (B) an appropriate balance among the varieties of 
                technical and human intelligence collection methods and 
                analysis.
            (2) Appropriations.--Amounts appropriated for the national 
        intelligence program for a year shall be made to the Director 
        of National Intelligence. The Director of National Intelligence 
        shall allocate such appropriations among the national 
        intelligence agencies.
            (3) Reprogramming.--The Director of National Intelligence 
        may reprogram funds appropriated for the national intelligence 
        program to meet any unforeseen priority.

SEC. 202. AUTHORITY OF THE DIRECTOR OF NATIONAL INTELLIGENCE OVER 
              MATTERS RELATING TO PERSONNEL.

    The Director of National Intelligence shall have the following 
duties and authorities over matters relating to the personnel of 
national intelligence agencies.
            (1) Personnel policies.--The Director of National 
        Intelligence shall put into effect personnel policies to 
        establish standards for education and training of officers and 
        employees of national intelligence agencies and to facilitate 
        assignments of those officers and employees at national 
        intelligence centers and across national intelligence agencies.
            (2) Employment and termination authority.--The Director of 
        National Intelligence may employ such individuals in positions 
        within the national intelligence program as the Director 
        determines to be appropriate. The Director of National 
        Intelligence may terminate the employment of any officer or 
        employee of a national intelligence agency whenever the 
        Director deems such termination necessary or advisable in the 
        interests of the United States.
            (3) Appointment of officials responsible for intelligence-
        related activities.--(A) In the event of a vacancy in a 
        position referred to in subparagraph (B), the head of the 
        department or agency involved shall obtain the concurrence of 
        the Director of National Intelligence before recommending to 
        the President an individual for appointment to the position.
            (B) Subparagraph (A) applies to the following positions:
                    (i) The Director of Central Intelligence.
                    (ii) The Director of the Defense Intelligence 
                Agency.
                    (iii) The Director of the National Security Agency.
                    (iv) The Director of the National Reconnaissance 
                Office.
                    (v) The Director of the National Geospatial-
                Intelligence Agency.
                    (vi) The Under Secretary for Information Analysis 
                and Infrastructure Protection of the Department of 
                Homeland Security.
                    (vii) The Executive Assistant Director for 
                Intelligence of the Federal Bureau of Investigation.
                    (viii) The Assistant Secretary of State for 
                Intelligence and Research.
                    (ix) The Director of the Office of Intelligence of 
                the Department of Energy.
                    (x) The Director of the Office of 
                Counterintelligence of the Department of Energy.
                    (xi) The Assistant Secretary for Intelligence and 
                Analysis of the Department of the Treasury.
                    (xii) The head of any other agency with national 
                intelligence functions.

                    TITLE III--ADDITIONAL PROVISIONS

SEC. 301. RESOLUTION OF AGENCY PRIORITY DIFFERENCES.

    (a) Establishment of NSC Executive Committee.--There is established 
in the National Security Council an executive committee for the 
resolution of differences in priorities among national intelligence 
agencies. Insofar as the executive committee is unable to resolve a 
priority difference, the President shall resolve the priority 
difference.
    (b) Inclusion of the Director of National Intelligence.--The 
Director of National Intelligence shall be a member of the executive 
committee established under subsection (a).

SEC. 302. DUTY OF HEADS OF NATIONAL INTELLIGENCE CENTERS TO REPORT TO 
              THE DIRECTOR OF NATIONAL INTELLIGENCE.

    Directors of national intelligence centers shall report directly to 
the Director of National Intelligence.
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