[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 190 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 190

   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 SENATE OF THE UNITED STATES

                            January 16, 2003

Mrs. Feinstein introduced the following bill; which was read twice and 
            referred to the Select Committee on Intelligence

_______________________________________________________________________

                                 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.

    This Act may be cited as the ``Intelligence Community Leadership 
Act of 2003''.

SEC. 2. 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 
        Community Management.
            ``(D) The National Intelligence Council.
            ``(E) The Assistant Director of National Intelligence for 
        Collection.
            ``(F) The Assistant Director of National Intelligence for 
        Analysis and Production.
            ``(G) The Assistant Director of National Intelligence for 
        Administration.
            ``(H) The General Counsel to the Director of National 
        Intelligence.
            ``(I) The Inspector General of the Intelligence Community.
            ``(J) The Office of the National Counterintelligence 
        Executive.
            ``(K) 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, 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.
    ``(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 Community 
Management.--(1) There is a Deputy Director of National Intelligence 
for Community Management 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 Community Management shall have extensive 
national security expertise.
    ``(3) The Deputy Director of National Intelligence for Community 
Management shall, subject to the direction of the Director of National 
Intelligence, be responsible for the following:
            ``(A) Directing the operations of the Community Management 
        Staff.
            ``(B) Through the Assistant Director of National 
        Intelligence for Collection, ensuring the efficient and 
        effective collection of national intelligence using technical 
        means and human sources.
            ``(C) Through the Assistant Director of National 
        Intelligence for Analysis and Production, conducting oversight 
        of the analysis and production of intelligence by elements of 
        the intelligence community.
            ``(D) Through the Assistant Director of National 
        Intelligence for Administration, performing community-wide 
        management functions of the intelligence community, including 
        the management of personnel and resources.
    ``(4) The Deputy Director of National Intelligence for Community 
Management takes precedence in the Office of the Director of National 
Intelligence immediately after the Deputy Director of National 
Intelligence.
    ``(e) 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 
        Community Management.
    ``(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.
    ``(f) National Intelligence Council.--(1) There is a National 
Intelligence Council.
    ``(2)(A) 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) produce national intelligence estimates for the 
        Government, including, whenever the Council considers 
        appropriate, alternative views held by elements of the 
        intelligence community;
            ``(B) evaluate community-wide collection and production of 
        intelligence by the intelligence community and the requirements 
        and resources of such collection 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.
    ``(g) Assistant Director of National Intelligence for Collection.--
(1) There is an Assistant Director of National Intelligence for 
Collection who shall be appointed by the President, by and with the 
advice and consent of the Senate.
    ``(2) The Assistant Director for Collection shall assist the 
Director of National Intelligence in carrying out the Director's 
collection responsibilities in order to ensure the efficient and 
effective collection of national intelligence.
    ``(h) Assistant Director of National Intelligence for Analysis and 
Production.--(1) There is an Assistant Director of National 
Intelligence for Analysis and Production who shall be appointed by the 
President, by and with the advice and consent of the Senate.
    ``(2) The Assistant Director for Analysis and Production shall--
            ``(A) oversee the analysis and production of intelligence 
        by the elements of the intelligence community;
            ``(B) establish standards and priorities relating to the 
        analysis and production of intelligence by such elements;
            ``(C) monitor the allocation of resources for the analysis 
        and production of intelligence in order to identify unnecessary 
        duplication in the analysis and production of intelligence;
            ``(D) direct competitive analysis of analytical products 
        having National importance;
            ``(E) identify intelligence to be collected for purposes of 
        the Assistant Director of National Intelligence for Collection; 
        and
            ``(F) provide such additional analysis and production of 
        intelligence as the President and the National Security Council 
        may require.
    ``(i) Assistant Director of National Intelligence for 
Administration.--(1) There is an Assistant Director of National 
Intelligence for Administration who shall be appointed by the 
President, by and with the advice and consent of the Senate.
    ``(2) The Assistant Director for Administration shall manage such 
activities relating to the administration of the intelligence community 
as the Director of National Intelligence shall require.
    ``(j) General Counsel to 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 the Central Intelligence Agency.
    ``(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.
    ``(k) Inspector General of 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) The Inspector General of the Intelligence Community shall, 
with respect to the intelligence community as a whole and each element 
of the intelligence community, 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.
    ``(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.

        ``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 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, including review, approval, and modification 
                of the execution of intelligence community budgets, and 
                personnel and resource allocation in furtherance of 
                such annual budget;
                    ``(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; and
                    ``(C) managing and overseeing the execution and, if 
                necessary, the modification of the annual budget for 
                the National Foreign Intelligence Program, including 
                directing the transfer of funds or personnel between 
                elements of the intelligence community;
                    ``(D) setting, monitoring, and enforcing consistent 
                policy for the intelligence community;
                    ``(E) reviewing, approving, modifying, and 
                exercising primary management and oversight of the 
                research and development efforts of the intelligence 
                community;
                    ``(F) reviewing, approving, and coordinating 
                relationships between elements of the intelligence 
                community and foreign intelligence, law enforcement, 
                and security services;
                    ``(G) insuring that the elements of the 
                intelligence community comply fully with 
policies, guidance, and authorities applicable to the intelligence 
community on management, administration, and law;
            ``(2) establish the requirements and priorities to govern 
        the collection of national intelligence by elements of the 
        intelligence community;
            ``(3) approve, establish, and enforce collection 
        processing, and dissemination requirements, determine 
        collection priorities, and resolve conflicts in collection 
        priorities levied on national collection 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) protect intelligence sources and methods from 
        unauthorized disclosure; and
            ``(8) perform such other functions as the President or the 
        National Security Council may direct.

           ``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.
    ``(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 for Community Management.
    ``(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) Funds transferred under this subsection shall remain 
available for the same period as the appropriations account to which 
transferred.
    ``(4)(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 congressional 
intelligence committees 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.
    ``(5) The Director shall promptly submit to the congressional 
intelligence committees 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.
    ``(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, where appropriate, and 
        to make such rotated service a factor to be considered for 
        promotion to senior positions; and
            ``(2) to consolidate, wherever possible, personnel, 
        administrative, and 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.

                     ``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) collect intelligence through human sources and by 
        other appropriate means, except that the Agency shall have no 
        police, subpoena, or law enforcement powers or internal 
        security functions;
            ``(2) provide overall direction for the collection of 
        national intelligence through human sources by elements of the 
        intelligence community authorized to undertake such collection 
        and, in coordination with other agencies of the Government 
        which are authorized to undertake such collection, ensure that 
        the most effective use is made of resources and that the risks 
        to the United States and those involved in such collection are 
        minimized;
            ``(3) correlate and evaluate intelligence related to the 
        national security and provide appropriate dissemination of such 
        intelligence;
            ``(4) 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
            ``(5) perform such other functions and duties related to 
        intelligence affecting the national security as the President 
        or the National Security Council may direct.
    ``(e) Termination of Employment of CIA Employees.--(1) 
Notwithstanding any other provision of law, the Director of the Central 
Intelligence Agency may, in the Director's discretion, terminate the 
employment of any officer or employee of the Central Intelligence 
Agency whenever the Director considers such termination necessary or 
advisable in the interests of the United States.
    ``(2) Termination under paragraph (1) shall not affect the right of 
the officer or employee terminated to seek or accept employment in any 
other department or agency of the Government if declared eligible for 
such employment by the Office of Personnel Management.''.
    (b) Sense of Congress on Cabinet-Level Status of Director of 
National Intelligence.--It is the sense of Congress that the Director 
of National Intelligence should be a cabinet-level officer of the 
United States Government.
    (c) 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 Community Management.
    (5) Any reference to the Assistant Director of Central Intelligence 
for Collection in any law, regulation, document, paper, or other record 
of the United States shall be deemed to be a reference to the Assistant 
Director of National Intelligence for Collection.
    (6) Any reference to the Assistant Director of Central Intelligence 
for Analysis and Production in any law, regulation, document, paper, or 
other record of the United States shall be deemed to be a reference to 
the Assistant Director of National Intelligence for Analysis and 
Production.
    (7) Any reference to the Assistant Director of Central Intelligence 
for Administration in any law, regulation, document, paper, or other 
record of the United States shall be deemed to be a reference to the 
Assistant Director of National Intelligence for Administration.

SEC. 3. EXECUTIVE SCHEDULE MATTERS.

    (a) 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 items:
            ``Director of National Intelligence.
            ``Director of the Central Intelligence Agency.''.
    (b) 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).''.
    (c) 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 and inserting the following 
        new item:
            ``Assistant Directors of National Intelligence (3).'';
            (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. 4. 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 105B(a)(1) (50 U.S.C. 403-5b(a)(1)).
            (M) Section 105B(a)(2) (50 U.S.C. 403-5b(a)(2)).
            (N) Section 105B(b) (50 U.S.C. 403-5b(b)), both places it 
        appears.
            (O) Section 105C(a)(6)(B)(viii) (50 U.S.C. 403-
        5c(a)(6)(B)(viii)).
            (P) Section 105C(b) (50 U.S.C. 403-5c(b)), both places it 
        appears.
            (Q) Section 105D(b), as added by section 502 of the 
        Intelligence Authorization Act for Fiscal Year 2003 (Public Law 
        107-306), both places it appears.
            (R) Section 106(a)(1) (50 U.S.C. 403-6(a)(1)).
            (S) Section 106(b)(1) (50 U.S.C. 403-6(b)(1)).
            (T) Section 106(b)(3) (50 U.S.C. 403-6(b)(3)).
            (U) Section 110(b) (50 U.S.C. 404e(b)).
            (V) Section 110(c) (50 U.S.C. 404e(c)).
            (W) Section 111 (50 U.S.C. 404f).
            (X) Section 112(a)(1) (50 U.S.C. 404g(a)(1)).
            (Y) Section 112(d)(1) (50 U.S.C. 404g(d)(1)).
            (Z) Section 113(b)(2)(A) (50 U.S.C. 404h(b)(2)(A)).
            (AA) Section 113(c) (50 U.S.C. 404h(c)).
            (BB) Section 114(a)(1) (50 U.S.C. 404i(a)(1)).
            (CC) Section 114(b)(1) (50 U.S.C. 404i(b)(1)).
            (DD) Section 114(c)(1), as amended by section 324 of the 
        Intelligence Authorization Act for Fiscal Year 2003.
            (EE) Section 115(a)(1) (50 U.S.C. 404j(a)(1)).
            (FF) Section 115(b) (50 U.S.C. 404j(b)).
            (GG) Section 115(c)(1)(B) (50 U.S.C. 404j(c)(1)(B)).
            (HH) Section 116(a) (50 U.S.C. 404k(a)).
            (II) Section 116(b) (50 U.S.C. 404k(b)).
            (JJ) Section 117(a)(1) (50 U.S.C. 404l(a)(1)).
            (KK) Section 303(a) (50 U.S.C. 405(a)), both places it 
        appears.
            (LL) Section 501(d) (50 U.S.C. 413(d)).
            (MM) Section 502(a) (50 U.S.C. 413a(a)).
            (NN) Section 502(c) (50 U.S.C. 413a(c)).
            (OO) Section 503(b) (50 U.S.C. 413b(b)).
            (PP) Section 504(d)(2) (50 U.S.C. 414(d)(2)).
            (QQ) Section 506(b), as added by section 311 of the 
        Intelligence Authorization Act for Fiscal Year 2003.
            (RR) Section 603(a) (50 U.S.C. 423(a)).
            (SS) Section 1001(a), as amended by section 331 of the 
        Intelligence Authorization Act for Fiscal Year 2003.
    (2) The National Security Act of 1947 is 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(f)''; and
            (B) by striking ``the Director may'' and inserting ``the 
        Director of National Intelligence may''.
    (4) Section 105(b) of that Act (50 U.S.C. 403-5(b)) is further 
amended by striking ``sections 103 and 104'' and inserting ``sections 
103, 103A, and 104A''.
    (5) Section 112(d) of that Act (50 U.S.C. 404g(d)) is further 
amended--
            (A) in paragraph (1), by striking ``section 103(c)(6) of 
        this Act'' and inserting ``section 103(b)(7)''; and
            (B) in paragraph (2), by striking ``of this Act''.
    (6) 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''.
    (7) Section 1001(b) of that Act, as amended by section 331 of the 
Intelligence Authorization Act for Fiscal Year 2003, is further amended 
by striking ``Assistant Director of Central Intelligence for 
Administration'' and inserting ``Assistant Director of National 
Intelligence for Administration''.
    (8) 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''.
    (9) Section 106 of that Act (50 U.S.C. 403-6) is further amended--
            (A) in the subsection caption for subsection (a), by 
        striking ``DCI'' and inserting ``DNI''; and
            (B) in the subsection caption for subsection (b), by 
        striking ``DCI'' and inserting ``DNI''.
    (10) 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''.

    (11) 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.--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) Intelligence Authorization Acts.--
            (1) Public law 103-359.--Section 811(c)(6)(C) of the 
        Counterintelligence and Security Enhancements Act of 1994 
        (title VIII of Public Law 103-359) is amended by striking 
        ``Director of Central Intelligence'' and inserting ``Director 
        of National Intelligence''.
            (2) Public law 107-306.--(A) Section 313(a) of the 
        Intelligence Authorization Act for Fiscal Year 2003 (Public Law 
        107-306) is amended by striking ``Director of Central 
        Intelligence, acting as the head of the intelligence 
        community,'' and inserting ``Director of National 
        Intelligence''.
            (B) Section 341 of that Act is amended by striking 
        ``Director of Central Intelligence, acting as the head of the 
        intelligence community, shall establish in the Central 
        Intelligence Agency'' and inserting ``Director of National 
        Intelligence shall establish within the intelligence 
        community''.
            (C) Section 343 of that Act is amended--
                    (i) in subsection (a)(1), by striking ``Director of 
                Central Intelligence, acting as the head of the 
                Intelligence Community,'' and inserting ``Director of 
                National Intelligence'';
                    (ii) in subsection (c), 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''; and
                    (iii) in subsection (e)(2), by striking ``section 
                103(c)(6)'' and inserting ``section 103(b)(7)''.
            (D) Section 352(b) of that Act is amended by inserting ``of 
        National Intelligence'' after ``The Director''.
            (E) That Act is further amended by striking ``Director of 
        Central Intelligence'' each place it appears in the following 
        provisions and inserting ``Director of National Intelligence'':
                    (i) Section 902(a)(2).
                    (ii) Section 904(e)(4).
                    (iii) Section 904(e)(5).
                    (iv) Section 904(h)(1).
            (F) That Act is further amended by striking ``Office of the 
        Director of Central Intelligence'' each place it appears in the 
        following provisions and inserting ``Office of the Director of 
        National Intelligence'':
                    (i) Section 904(c).
                    (ii) Section 904(l).
            (G) Section 904(m) of that Act is amended by inserting 
        ``the Director of National Intelligence,'' before ``the 
        Director of Central Intelligence''.
    (i) USA PATRIOT Act of 2001.--The USA PATRIOT Act of 2001 (Public 
Law 107-56) is amended by striking ``Director of Central Intelligence'' 
and inserting ``Director of National Intelligence'' each place it 
appears in the following provisions:
            (1) Section 203(d)(1) (50 U.S.C. 403-5d(d)(1)), as amended 
        by section 897(a) of the Homeland Security Act of 2002 (Public 
        Law 107-296), both places it appears.
            (2) Section 908(a) (115 Stat. 391).
            (3) Section 1006(b) (115 Stat. 394).
    (j) Homeland Security Act of 2002.--The Homeland Security Act of 
2002 (Public Law 107-296) is amended by striking ``Director of Central 
Intelligence'' and inserting ``Director of National Intelligence'' each 
place it appears in the following provisions:
            (1) Section 201(d)(10).
            (2) Section 201(d)(12)(B).
            (3) Section 202(c).
            (4) Section 202(d)(2).
            (5) Section 601(c)(6).
            (6) Section 601(e).
            (7) Section 601(f).
            (8) Section 892(b)(7).
            (9) Section 1001(c)(1)(A).
    (k) Title 18, United States Code.--(1) Section 2517(8) of title 18, 
United States Code, as amended by section 896 of the Homeland Security 
Act of 2002 (Public Law 107-296), is further amended by striking 
``Director of Central Intelligence'' and inserting ``Director of 
National Intelligence''.
    (2) Subsections (d)(7)(B)(iv) and (i)(5)(B)(iv) of such title, as 
amended by section 1123 of such Act, are further amended by striking 
``Director of Central Intelligence'' and inserting ``Director of 
National Intelligence, or the head of another element of the 
intelligence community''.
    (l) Title 44, United States Code.--Section 3535(g)(3) of title 44, 
United States Code, as added by section 1001 of the Federal Information 
Security Management Act of 2002 (title X of Public Law 107-296), is 
further amended by striking ``Director of Central Intelligence'' and 
inserting ``Director of National Intelligence''.
    (m) Federal Rules of Criminal Procedure.--Paragraphs (2) and (3) of 
section 6(e) of the Federal Rules of Criminal Procedure, as amended by 
section 895 of the Homeland Security Act of 2002 (Public Law 107-296), 
are further amended by striking ``Director of Central Intelligence'' 
and inserting ``Director of National Intelligence''.
                                 <all>