[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2811 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2811

  To establish the Department of Intelligence, 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

                           September 15, 2004

  Mr. Specter introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To establish the Department of Intelligence, 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 
Reformation Act of 2004'' or ``9-11 Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings; purposes.
Sec. 3. Definitions.
                  TITLE I--DEPARTMENT OF INTELLIGENCE

                    Subtitle A--Executive Department

Sec. 101. Executive department.
Sec. 102. Director of Intelligence.
           Subtitle B--Office of the Director of Intelligence

Sec. 111. Office of the Director of Intelligence.
Sec. 112. Deputy Director of Intelligence.
Sec. 113. National Counterterrorism Center.
Sec. 114. Other national intelligence centers.
Sec. 115. Assistant Director of Intelligence for Research, Development, 
                            and Procurement.
Sec. 116. Assistant Director of Intelligence for Civil Liberties and 
                            Privacy.
Sec. 117. National Intelligence Council.
Sec. 118. General Counsel of the Department of Intelligence.
Sec. 119. Inspector General of the Department of Intelligence.
Sec. 120. Intelligence Comptroller.
Sec. 121. Chief Information Officer of the Department of Intelligence.
Sec. 122. Chief Financial Officer of the Department of Intelligence.
Sec. 123. Military status of Director of Intelligence and Deputy 
                            Director of Intelligence.
         Subtitle C--Mission, Responsibilities, and Authorities

Sec. 131. Provision of national intelligence.
Sec. 132. Responsibilities of Director of Intelligence.
Sec. 133. Authorities of Director of Intelligence.
            TITLE II--ELEMENTS OF DEPARTMENT OF INTELLIGENCE

                Subtitle A--Central Intelligence Agency

Sec. 201. Central Intelligence Agency.
Sec. 202. Mission; power and authorities.
                  Subtitle B--National Security Agency

Sec. 211. National Security Agency.
Sec. 212. Mission; power and authorities.
          Subtitle C--National Geospatial-Intelligence Agency

Sec. 221. National Geospatial-Intelligence Agency.
Sec. 222. Mission; power and authorities.
               Subtitle D--National Reconnaissance Office

Sec. 231. National Reconnaissance Office.
Sec. 232. Mission; power and authorities.
                       Subtitle E--Other Offices

Sec. 241. Intelligence, counterterrorism, and counterintelligence 
                            offices.
Sec. 242. Office of Civil Liberties and Privacy.
                 TITLE III--OTHER INTELLIGENCE MATTERS

 Subtitle A--Modifications and Improvements of Intelligence Authorities

Sec. 301. Sense of Congress on availability to public of certain 
                            intelligence funding information.
Sec. 302. Coordination between Director of Intelligence and Secretary 
                            of Defense in performance of specific 
                            functions pertaining to National Foreign 
                            Intelligence Program.
Sec. 303. Role of Director of Intelligence in certain recommendations 
                            to the President on appointments to 
                            intelligence community.
Sec. 304. Collection tasking authority.
Sec. 305. Oversight of combat support agencies of the intelligence 
                            community.
Sec. 306. Improvement of intelligence capabilities of the Federal 
                            Bureau of Investigation.
     Subtitle B--Restatement of Authorities on National Geospatial-
                          Intelligence Agency

                            Part I--Missions

Sec. 311. Missions.
Sec. 312. Support for foreign countries on imagery intelligence and 
                            geospatial information.
              Part II--Maps, Charts, and Geodetic Products

Sec. 321. Maps, charts, and books.
Sec. 322. Pilot charts.
Sec. 323. Sale of maps, charts, and navigational publications.
Sec. 324. Exchange of mapping, charting, and geodetic data with foreign 
                            countries and international organizations.
Sec. 325. Public availability of maps, charts, and geodetic data.
Sec. 326. Civil actions barred.
Sec. 327. Treatment of certain operational files.
                     Part III--Personnel Management

Sec. 331. Management rights.
Sec. 332. Financial assistance to certain employees in acquisition of 
                            critical skills.
                          Part IV--Definitions

Sec. 341. Definitions.
                      TITLE IV--TRANSITION MATTERS

  Subtitle A--Modification of Authorities on Elements of Intelligence 
                               Community

Sec. 401. Conforming modification of authorities on Central 
                            Intelligence Agency.
Sec. 402. Other conforming modifications of law relating to missions, 
                            responsibilities, and authorities of 
                            Director of Intelligence and Director of 
                            Central Intelligence Agency.
Sec. 403. Conforming modification of authorities on certain Central 
                            Intelligence Agency officers.
Sec. 404. Conforming modification of authorities on National Security 
                            Agency.
Sec. 405. Inclusion of Department of Intelligence in intelligence 
                            community.
Sec. 406. Repeal of superseded authorities on National Geospatial-
                            Intelligence Agency.
Sec. 407. Other conforming amendment.
     Subtitle B--Other Transition Matters Relating to Intelligence

Sec. 411. Preservation of intelligence capabilities.
Sec. 412. General references to intelligence officials.
                    Subtitle C--Transfer of Elements

Sec. 421. Transfer of Terrorist Threat Integration Center.
Sec. 422. Transfer of Community Management Staff.
Sec. 423. Transfer of certain elements of Federal Bureau of 
                            Investigation.
                   Subtitle D--Transfer of Functions

Sec. 431. Transfer of functions.
Sec. 432. Transitional authorities.
Sec. 433. Savings provisions.
                       Subtitle E--Other Matters

Sec. 441. Treatment of Department of Intelligence as executive 
                            department.
Sec. 442. Executive Schedule matters.

SEC. 2. FINDINGS; PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) Timely and accurate information about the activities, 
        capabilities, plans, and intentions of foreign powers, 
        organizations, and persons, and their agents, is essential to 
        the national security of the United States. All reasonable and 
        lawful means must be used to ensure that the United States 
        receives the best intelligence available.
            (2) The National Security Act of 1947 (50 U.S.C. 401 et 
        seq.) created a formal structure under an official who would 
        lead the Central Intelligence Agency and, in a separate role as 
        Director of Central Intelligence, the intelligence community of 
        the United States Government, and serve as the principal 
        adviser to the President on intelligence.
            (3) Executive Order 12333 (December 4, 1981; 46 F.R. 59941) 
        states that ``the United States intelligence effort shall 
        provide the President and the National Security Council with 
        the necessary information on which to base decisions concerning 
        the conduct and development of foreign, defense and economic 
        policy and the protection of United States national interests 
        from foreign security threats. All departments and agencies 
        shall cooperate fully to fulfill this goal''.
            (4) The intelligence community of the United States is 
        supposed to function as a single corporate enterprise, 
        supporting those who manage the strategic interests of the 
        United States, whether political, economic, or military.
            (5) The United States has suffered through an escalating 
        cycle of intelligence failures, especially since the end of the 
        Cold War, while witnessing the onset of new and emerging global 
        threats such as terrorism and proliferation of weapons of mass 
        destruction.
            (6) The Director of Central Intelligence has no genuine 
        influence over elements of the intelligence community other 
        than the Central Intelligence Agency because, among other 
        things, the Director controls only a small portion of the 
        funds, personnel, and related assets of the intelligence 
        community. There is no structural mechanism to enforce the 
        mandate of Executive Order 12333 that all elements of the 
        intelligence community must fully cooperate with one another.
            (7) As such, the existing intelligence structure is 
        dysfunctional, and not organized to effectively respond to new 
        and emerging threats. In fact, the intelligence apparatus of 
        the United States has for decades grown more cumbersome and 
        unaccountable and may now properly be characterized as a Cold 
        War model in an era of terrorism.
            (8) The existing dysfunctional structure of the 
        intelligence community has severe consequences, as the Director 
        of Central Intelligence--or those ostensibly under the 
        Director's control--missed, ignored, or failed to connect 
        numerous warnings which could have averted the terrorist plot 
        of September 11, 2001. Similar errors may have caused the 
        Director to mislead the President on the nature of weapons of 
        mass destruction threats as the Administration weighed military 
        action against Iraq.
            (9) Despite the best efforts of the Administration of 
        President George W. Bush, Congress, and the American people, 
        much of the dysfunction in the intelligence community--
        including the lack of common terrorist watchlists and the 
        inability to detect and apprehend terrorists traveling in the 
        United States--has not been remedied in the three years since 
        the terrorist attacks of September 11, 2001.
            (10) The final report of the National Commission on 
        Terrorist Attacks Upon the United States, while making certain 
        recommendations on the restructuring of the intelligence 
        community to meet new and emerging terrorist threats, leaves 
        much discretion to Congress in determining the scope and nature 
        of the restructuring of the intelligence community.
            (11) President George W. Bush on August 2, 2004, 
        specifically requested that Congress create a national 
        intelligence director in a ``free-standing entity similar to a 
        cabinet agency or an agency'' and ``who will have a great deal 
        of budget authority'' and will have ``the same relationship to 
        the White House and the President that the Secretary of Defense 
        would have, the Secretary of the Department of Homeland 
        Security, the Attorney General, [or] the Secretary of the 
        Treasury would have.'' The Executive Orders issued on August 
        27, 2004, while properly focusing on strengthened management of 
        the intelligence community, strengthening information sharing, 
        and the creation of a National Counterterrorism Center, also 
        leaves a great deal of discretion to Congress to codify these 
        matters in law and determine the scope and nature of the 
        restructuring of the intelligence community.
            (12) To effectively counter the grave threat of 
        transnational terrorism, Secretary of Defense Donald Rumsfeld 
        recently conceded, as he must, that ``strong, entrenched 
        agencies must be willing to give up some of their turf and 
        authority in exchange for a stronger, faster, more efficient, 
        government-wide effort''.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To provide for fundamental reform of the intelligence 
        community of the United States Government involving a robust 
        Department of Intelligence and Director of Intelligence with 
        control over the budgets, personnel, and related assets of the 
        intelligence community.
            (2) To compel the elements of the intelligence community to 
        work together to accomplish their common mission, much as the 
        Goldwater-Nichols Department of Defense Reorganization Act of 
        1986 (Public Law 99-433) fostered ``jointness'' among the 
        various Armed Forces, in conformance with the requirements of 
        law and Executive orders.
            (3) To facilitate the provision to the President and the 
        National Security Council of the necessary information on which 
        to base decisions concerning the development and conduct of 
        foreign policy, defense policy, and economic policy, and the 
        protection of United States national interests from security 
        threats, including threats related to transnational terrorism.
            (4) To ensure that all means, consistent with United States 
        laws, Executive orders, and regulations and with full 
        consideration of the rights of United States persons, are used 
        to develop intelligence for the President and the National 
        Security Council.
            (5) To create a structure for the intelligence community 
        that will better serve the President in his duty under the 
        Constitution of the United States to protect the security of 
        the United States.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Department.--The term ``Department'' means the 
        Department of Intelligence.
            (2) Director.--The term ``Director'' means the Director of 
        Intelligence.
            (3) Intelligence.--The term ``intelligence'' includes 
        foreign intelligence and counterintelligence.
            (4) Foreign intelligence.--The term ``foreign 
        intelligence'' means information relating to the capabilities, 
        intentions, or activities of foreign governments or elements 
        thereof, foreign organizations, or foreign persons, or 
        international terrorist activities.
            (5) Counterintelligence.--The term ``counterintelligence'' 
        means information gathered, and activities conducted, to 
        protect against espionage, other intelligence activities, 
        sabotage, or assassinations conducted by or on behalf of 
        foreign governments or elements thereof, foreign organizations, 
        or foreign persons, or international terrorist activities.
            (6) Intelligence community.--The term ``intelligence 
        community'' includes--
                    (A) the Department, which shall include the Office 
                of the Director of Intelligence and such other offices 
                as the Director may designate or are prescribed by law;
                    (B) the Central Intelligence Agency;
                    (C) the National Security Agency;
                    (D) the Defense Intelligence Agency;
                    (E) the National Geospatial-Intelligence Agency;
                    (F) the National Reconnaissance Office;
                    (G) other offices within the Department of Defense 
                for the collection of specialized national intelligence 
                through reconnaissance programs;
                    (H) the intelligence elements of the Army, Navy, 
                Air Force, and Marine Corps, the Federal Bureau of 
                Investigation, the Department of the Treasury, the 
                Department of Energy, and the Coast Guard;
                    (I) the Bureau of Intelligence and Research of the 
                Department of State;
                    (J) the elements of the Department of Homeland 
                Security concerned with the analyses of foreign 
                intelligence information; and
                    (K) such other elements of any other department or 
                agency of the United States as may be designated by the 
                President, or designated jointly by the Director and 
                the head of the department or agency concerned, as an 
                element of the intelligence community.
            (7) National intelligence; intelligence related to the 
        national security.--The terms ``national intelligence'' and 
        ``intelligence related to the national security''--
                    (A) refer to intelligence which pertains to the 
                interests of more than one department or agency of the 
                Government; and
                    (B) do not refer to counterintelligence or law 
                enforcement activities conducted by the Federal Bureau 
                of Investigation except to the extent provided for in 
                procedures agreed to by the Director and the Attorney 
                General, or otherwise as expressly provided for in this 
                Act or otherwise provided by law.
            (8) National foreign intelligence program.--The term 
        ``National Foreign Intelligence Program'' refers to all 
        programs, projects, and activities of the intelligence 
        community, as well as any other programs of the intelligence 
        community designated jointly by the Director and the head of a 
        department or agency of the United States Government or by the 
        President. Such term does not include programs, projects, or 
        activities of the military departments to acquire intelligence 
        solely for the planning and conduct of tactical military 
        operations by United States Armed Forces.
            (9) Congressional intelligence committees.--The term 
        ``congressional intelligence committees'' means--
                    (A) the Select Committee on Intelligence of the 
                Senate; and
                    (B) the Permanent Select Committee on Intelligence 
                of the House of Representatives.
            (10) Terrorism information.--The term ``terrorism 
        information'' means any information, whether collected, 
        produced, or distributed by intelligence, law enforcement, 
        military, homeland security, or other United States Government 
        activities, relating to--
                    (A) the existence, organization, capabilities, 
                plans, intentions, vulnerabilities, means of finance or 
                material support, or activities of foreign or 
                international terrorist groups or individuals, or of 
                domestic groups or individuals involved in 
                transnational terrorism;
                    (B) threats posed by such groups or individuals to 
                the United States, United States persons, or United 
                States interests, or to other nations or the persons or 
                interests of other nations;
                    (C) communications of or by such groups or 
                individuals; or
                    (D) groups or individuals reasonably believed to be 
                assisting or associated with such groups or 
                individuals.

                  TITLE I--DEPARTMENT OF INTELLIGENCE

                    Subtitle A--Executive Department

SEC. 101. EXECUTIVE DEPARTMENT.

    (a) Executive Department.--The Department of Intelligence is an 
executive department of the United States.
    (b) Composition.--The Department is composed of the following:
            (1) The Office of the Director of Intelligence.
            (2) The elements specified in title II.
            (3) Such other offices, agencies, and activities as may be 
        established by law or by the President.
    (c) Seal.--The Director shall have a seal for the Department. The 
design of the seal is subject to approval by the President. Judicial 
notice shall be taken of the seal.

SEC. 102. DIRECTOR OF INTELLIGENCE.

    (a) Director of Intelligence.--There is a Director of Intelligence, 
who is the head of the Department of Intelligence, appointed by the 
President, by and with the advice and consent of the Senate.
    (b) Individuals Eligible for Nomination.--Any individual nominated 
for appointment as Director shall have extensive national security 
expertise.
    (c) Term of Office.--(1) The term of service of the Director shall 
be 10 years.
    (2) Paragraph (1) shall apply with respect to any individual 
appointed as Director after the date of the enactment of this Act.
    (3) If the individual serving as the Director of Central 
Intelligence on the date of the enactment of this Act is the first 
person appointed as Director of Intelligence under this section, the 
date of appointment of such individual as Director of Intelligence 
shall be treated as the date of the commencement of the term of service 
of the individual as Director of Intelligence for purposes of this 
subsection.
    (d) Duties and Responsibilities.--The Director shall--
            (1) serve as head of the intelligence community in 
        accordance with the provisions of this Act, the National 
        Security Act of 1947 (50 U.S.C. 401 et seq.), and other 
        applicable provisions of law;
            (2) act as a principal adviser to the President for 
        intelligence related to the national security; and
            (3) determine the annual budget for intelligence and 
        intelligence-related activities of the United States Government 
        in accordance with section 133.

           Subtitle B--Office of the Director of Intelligence

SEC. 111. OFFICE OF THE DIRECTOR OF INTELLIGENCE.

    (a) Office of Director of Intelligence.--There is within the 
Department an Office of the Director of Intelligence.
    (b) Function.--The function of the Office of the Director of 
Intelligence is to assist the Director in carrying out the duties and 
responsibilities of the Director under this Act, the National Security 
Act of 1947 (50 U.S.C. 401 et seq.), and other applicable provisions of 
law and to carry out such other duties as may be prescribed by law.
    (c) Composition.--The Office of the Director of Intelligence is 
composed of the following:
            (1) The Deputy Director of Intelligence.
            (2) The National Counterterrorism Center.
            (3) Other national intelligence centers established under 
        section 114.
            (4) The Assistant Director of Intelligence for Research, 
        Development, and Procurement.
            (5) The Assistant Director of Intelligence for Civil 
        Liberties and Privacy.
            (6) The National Intelligence Council.
            (7) The General Counsel of the Department of Intelligence.
            (8) The Inspector General of the Department of 
        Intelligence.
            (9) The Intelligence Comptroller.
            (10) The Chief Information Officer of the Department of 
        Intelligence.
            (11) The Chief Financial Officer of the Department of 
        Intelligence.
            (12) Such other offices and officials as may be established 
        by law or the Director may establish or designate in the 
        Office.
    (d) Staff.--(1) 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 
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.
    (2) The staff of the Office under paragraph (1) shall include the 
elements of the Community Management Staff that are transferred to the 
Office under title IV.
    (3) To the maximum extent practicable, the Director shall utilize 
existing personnel, resources, and expertise in organizing the staff of 
the Office under paragraph (1).

SEC. 112. DEPUTY DIRECTOR OF INTELLIGENCE.

    (a) Deputy Director of Intelligence.--There is a Deputy Director of 
Intelligence who shall be appointed by the President, by and with the 
advice and consent of the Senate.
    (b) Individuals Eligible for Nomination.--Any individual nominated 
for appointment as Deputy Director of Intelligence shall have extensive 
national security expertise.
    (c) Duties and Responsibilities.--The Deputy Director of 
Intelligence shall, subject to the direction of the Director, be 
responsible for assisting the Director in carrying out the 
responsibilities of the Director, including--
            (1) assisting the Director in the development and execution 
        of budgets under section 133, evaluating programs, and 
        exercising authority under section 133(f) with respect to 
        reprogramming and reallocation of funds and transfers of 
        personnel;
            (2) assisting the Director in the transition of elements of 
        the intelligence community to the Department under this Act;
            (3) assisting the Director in the development, 
        implementation, and management of a personnel system for 
        intelligence community personnel;
            (4) collecting data and preparing separate quarterly 
        reports on the obligation and expenditures of funds from the 
        elements of the intelligence community under the National 
        Foreign Intelligence Program;
            (5) assisting the Director in the establishment of the 
        National Counterterrorism Center and the national intelligence 
        centers;
            (6) assisting the Director in the management and 
        administration of the staff of the Office of the Director of 
        Intelligence;
            (7) assisting the Director in performing management 
        functions across the intelligence community, including the 
        management of personnel and resources;
            (8) assisting the Director in ensuring that the elements of 
        the intelligence community make better use of open source 
        intelligence analysis;
            (9) assisting the Director in directing the efficient and 
        effective tasking of national intelligence collection using 
        technical means and human sources;
            (10) assisting the Director with the establishment of 
        standards, requirements, and priorities for the analysis and 
        production of intelligence by all elements of the intelligence 
        community;
            (11) assisting the Director in overseeing the collection, 
        analysis, production, and dissemination of intelligence by all 
        elements of the intelligence community;
            (12) assisting the Director in monitoring the allocation of 
        resources for the collection, analysis, and production of 
        intelligence in order to identify any unnecessary duplication 
        in the collection, analysis and production of intelligence;
            (13) assisting the Director in directing the competitive 
        analysis of analytical products having national importance;
            (14) assisting the Director with the establishment of 
        priorities and requirements for daily tasking of collection, 
        analysis, and dissemination of information;
            (15) assisting the Director in conducting daily tasking of 
        collection, analysis, and dissemination of information;
            (16) assisting the Director in providing advisory guidance 
        on the tasking of collection, analysis, and dissemination of 
        information to elements of the departments and agencies of the 
        United States Government that collect intelligence and are not 
        within the National Foreign Intelligence Program;
            (17) assisting the Director with the establishment of 
        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;
            (18) assisting the Director in assessing the performance of 
        the elements of the intelligence community with respect to 
        tasking requests and priorities; and
            (19) making recommendations to the Director regarding the 
        assignment within the Department of officers or employees of 
        the Central Intelligence Agency, the National Security Agency, 
        the National Geospatial-Intelligence Agency, the National 
        Reconnaissance Office, and other elements of the Department to 
        assist in the tasking of collection, analysis, and 
        dissemination of information to all elements of the 
        intelligence community under the National Foreign Intelligence 
        Program.
    (d) Power To Act as Director of Intelligence.--The Deputy Director 
of Intelligence shall act for, and exercise the powers of, the Director 
during the Director's absence or disability or during a vacancy in the 
position of Director of Intelligence.
    (e) Precedence in Office of Director of Intelligence.--The Deputy 
Director of Intelligence takes precedence in the Office of the Director 
of Intelligence immediately after the Director.

SEC. 113. NATIONAL COUNTERTERRORISM CENTER.

    (a) National Counterterrorism Center.--There is a National 
Counterterrorism Center.
    (b) Missions.--(1) The missions of the National Counterterrorism 
Center shall be as follows:
            (A) To serve as the primary organization within the United 
        States Government for analyzing and integrating all 
        intelligence possessed or acquired by the United States 
        Government pertaining to terrorism or counterterrorism (other 
        than purely domestic counterterrorism information) and, in 
        furtherance of such mission--
                    (i) to receive, retain, and disseminate information 
                from any department, agency, or other element of the 
                Federal Government, any State or local government, or 
                any other source to the extent consistent with 
                applicable law; and
                    (ii) to respond to inquiries from any department, 
                agency, or other element of the Federal Government, or 
                any State or local government agency, that is 
                discharging counterterrorism responsibilities in order 
                to assist such department, agency, or element in 
                discharging such responsibilities.
            (B) To conduct strategic planning for operations for 
        counterterrorism activities that integrate all instruments of 
        National power, including diplomacy, finance, military force, 
        intelligence, homeland security, and law enforcement.
            (C) Consistent with applicable law, to assign general 
        responsibilities for counterterrorism in support of strategic 
        plans under paragraph (2) to departments, agencies, and 
        elements of the United States Government having 
        counterterrorism responsibilities, and provide such 
        departments, agencies, and elements with access to intelligence 
        necessary to accomplish the responsibilities so assigned, 
        without undertaking the direction of such operations.
            (D) To serve as the central and shared information 
        repository within the United States Government on terrorism 
        information.
            (E) To ensure that appropriate departments, agencies, and 
        elements of the United States Government have access to and 
        receive all-source intelligence support necessary to executive 
        their counterterrorism plans or perform alternative, 
        independent analysis.
            (F) To unify the strategic intelligence and planning of 
        operations against transnational terrorist threats across the 
        foreign-domestic divide.
            (G) To foster joint action among the department, agencies, 
        and elements of the United States Government involved in 
        counterterrorism.
            (H) To oversee the counterterrorism operations of the 
        United States Government.
            (I) To ensure that an accountable official has authority to 
        guide the Government-wide counterterrorism efforts of the 
        United States Government.
    (2) A department, agency, or element of the United States 
Government that objects to the assignment of general operational 
authority to such department, agency, or element under paragraph (1)(C) 
shall notify the National Security Council and the Homeland Security 
Council under title IX of the Homeland Security Act of 2002 (6 U.S.C. 
491 et seq.) of such objection.
    (c) Administrator of National Counterterrorism Center.--(1) There 
is an Administrator of the National Counterterrorism Center, who shall 
be the head of the National Counterterrorism Center, who shall be 
appointed from civilian life by the President, by and with the advice 
and consent of the Senate.
    (2) Any individual nominated for appointment as Administrator of 
the National Counterterrorism Center shall have significant expertise 
in matters relating to the national security of the United States and 
matters relating to terrorism that threatens the national security of 
the United States.
    (d) Duties and Responsibilities of Administrator.--Notwithstanding 
any other provision of law, at the policy direction of the President 
and the National Security Council, the Administrator of the National 
Counterterrorism Center shall, through the Director, be responsible for 
the following insofar as it relates to counterterrorism:
            (1) Serving as the principal advisor to the President on 
        counterterrorism matters.
            (2) Directing the efficient and effective tasking of 
        national intelligence collection using technical means and 
        human sources.
            (3) Establishing standards and priorities relating to the 
        analysis and production of intelligence by the elements of the 
        intelligence community.
            (4) Directing the tasking of analysis and production of 
        intelligence by the elements of the intelligence community.
            (5) Directing competitive analysis of analytical products 
        having national importance.
            (6) Identifying intelligence requirements.
    (e) Authorities of Administrator.--In carrying out the duties and 
responsibilities specified in subsection (d), the Administrator of the 
National Counterterrorism Center shall--
            (1) monitor the implementation of counterterrorism 
        operations and coordinate the updating of plans for such 
        operations as needed;
            (2) oversee interagency task forces on counterterrorism 
        (including task forces of the Central Intelligence Agency, the 
        Federal Bureau of Investigation, and other departments, 
        agencies, and elements of the United States Government), and, 
        as the Administrator determines necessary, incorporate the 
        coordinating activities of such task forces into the Center;
            (3) incorporate into the Center any interagency planning of 
        operations on counterterrorism that is being conducted by the 
        staff of the National Security Council as of the date of the 
        enactment of this Act;
            (4) establish priorities and requirements for, and 
        coordinate the efficient and effective tasking of, national 
        intelligence collection on counterterrorism, whether inside or 
        outside the United States, using technical means and human 
        sources, including the establishment of mechanisms and 
        procedures to provide for automated tasking across multiple 
        intelligence disciplines in real time;
            (5) develop assessments comparing terrorist capabilities 
        and intentions with United States defenses against such threats 
        (commonly referred to as ``net-assessments'');
            (6) provide warnings of terrorist threats as directed by 
        the President;
            (7) incorporate, as necessary, the perspectives and needs 
        of State and local counterterrorism officials in implementing 
        the mission of the Center; and
            (8) access, as considered necessary by the Administrator 
        for the performance of the functions of the Center, information 
        to which the Administrator is granted access by subsection (i).
    (f) Deputy Administrators of National Counterterrorism Center.--(1) 
There is in the National Counterterrorism Center a Deputy Administrator 
of the National Counterterrorism Center for Intelligence who shall be 
appointed by the Administrator of the National Counterterrorism Center.
    (2) There is in the National Counterterrorism Center a Deputy 
Administrator of the National Counterterrorism Center for Operations 
who shall be appointed by the Administrator of the National 
Counterterrorism Center.
    (3) The Deputy Administrators shall have the responsibilities set 
forth in subsection (g).
    (g) Duties and Responsibilities of Deputy Administrators.--(1) The 
Deputy Administrator of the National Counterterrorism Center for 
Intelligence shall have responsibilities for matters as follows:
            (A) Strategic analysis of terrorist threats.
            (B) The pooling of all-source intelligence (whether 
        domestic or foreign) about transnational terrorist 
        organizations with worldwide reach.
            (C) The development of assessment comparing terrorist 
        capabilities and intentions with United States defenses against 
        such threats (commonly referred to as ``net assessments'').
            (D) The provision of warnings on terrorist threats.
            (E) The discharge of the tasking of national intelligence 
        under subsection (d) and (e).
            (F) The duties of the Terrorist Threat Integration Center 
        (TTIC) transferred to the Department under title IV.
    (2) The Deputy Administrator of the National Counterterrorism 
Center for Operations shall have responsibilities as follows:
            (A) Joint planning for the assignment of responsibilities 
        for operations to lead agencies.
            (B) The tracking of operations so assigned.
            (C) The overall coordination of operations of the 
        intelligence community.
    (h) Staff.--(1) To assist the Administrator of the National 
Counterterrorism Center in fulfilling the responsibilities of the 
Administrator under this section, the Administrator shall employ and 
utilize in the Center a professional staff having an expertise in 
matters relating to such responsibilities.
    (2) The head of any element of the intelligence community may, upon 
the request of the Director, assign or detail to the Center any officer 
or employee of such element to assist the Administrator in carrying out 
the responsibilities of the Administrator under this section.
    (i) Access to Terrorism Information.--The head of each department, 
agency, or other element of the United States Government that possesses 
or acquires terrorism information shall--
            (1) give prompt access to such information to the 
        Administrator of the National Counterterrorism Center, unless 
        otherwise expressly prohibited by law or otherwise directed by 
        the President;
            (2) cooperate in, and facilitate the production of, reports 
        based on terrorism information with contents and formats that 
        permit dissemination of such information in a manner that 
        maximizes the utility of such information in protecting the 
territory, people, and interests of the United States; and
            (3) if such department, agency, or other element conducts 
        diplomatic, financial, military, homeland security, 
        intelligence, or law enforcement activities relating to 
        counterterrorism, keep the Administrator fully and currently 
        informed of such activities, unless expressly prohibited by law 
        or otherwise directed by the President.

SEC. 114. OTHER NATIONAL INTELLIGENCE CENTERS.

    (a) National Intelligence Centers.--(1) The Director shall 
establish within the Department one or more centers (to be known as 
``national intelligence centers'') to address intelligence priorities 
established by the National Security Council.
    (2) Each national intelligence center shall be assigned an area of 
intelligence responsibility, whether expressed in terms of a geographic 
region (including the Middle East), in terms of function (including 
counterterrorism, proliferation of weapons of mass destruction, and 
international crime and narcotics), or in other terms.
    (b) Requirements Relating to Establishment of Centers.--(1) In 
establishing a national intelligence center, the Director shall assign 
lead responsibility for such center to an element of the intelligence 
community selected by the Director for that purpose.
    (2) The Director shall determine the structure and size of each 
national intelligence center.
    (3) The Director shall notify the congressional intelligence 
committees of the establishment of a national intelligence center not 
later than 60 days before the date of the establishment of the center.
    (c) Mission of Centers.--(1) Each national intelligence center 
shall provide joint all-source intelligence analysis and planning of 
intelligence operations in the area of intelligence responsibility 
assigned the center by the Director pursuant to intelligence priorities 
established by the National Security Council.
    (2) As part of its intelligence analysis mission, a national 
intelligence center shall--
            (A) undertake primary responsibility for strategic and 
        tactical intelligence analysis, fusing all-source intelligence, 
        whether foreign or domestic, on the area of intelligence 
        responsibility of the center;
            (B) develop intelligence net assessments;
            (C) provide threat warnings to the Director and to 
        appropriate departments, agencies, and elements of the United 
        States Government for further dissemination at the State and 
        local level; and
            (D) direct foreign and domestic intelligence collection and 
        analysis to address threats and to support implementation of 
        operations.
    (3) As part of its mission to plan intelligence operations, a 
national intelligence center shall--
            (A) develop, based on policy objectives and priorities 
        established by the National Security Council, plans for 
        operations for intelligence collection for its area of 
        intelligence responsibility;
            (B) assign responsibilities for operations for intelligence 
        collection for its area of intelligence responsibility to the 
        elements of the intelligence community, which operations shall 
        be directed and conducted by the elements of the intelligence 
        community concerned; and
            (C) oversee implementation of such plans and operations, 
        and update such plans, as the administrator of the center 
        considers appropriate.
    (d) Supervision.--The administrator of each national intelligence 
center shall report directly to the Director in order to ensure 
adequate sharing of intelligence analysis and adequate planning of 
intelligence operations in the area of intelligence responsibility 
assigned to such center.
    (e) Staff of Centers.--(1) The head of an element of the 
intelligence community shall, upon the request of the administrator of 
a national intelligence center and with the approval of the Director, 
assign or detail to the center any personnel, including intelligence 
analysts and intelligence operations specialists, of such element as 
the administrator of the center considers appropriate to carry out the 
mission of the center.
    (2) Personnel assigned or detailed to a national intelligence 
center under paragraph (1) shall be under the authority, direction, and 
control of the administrator of the center on all matters for which the 
center has been assigned responsibility and for all matters related to 
the accomplishment of the mission of the center.
    (3) Performance evaluations of personnel assigned or detailed to a 
national intelligence center under this subsection shall be undertaken 
by the supervisors of such personnel at the center.
    (4) The supervisors of the staff of a national center may, with the 
approval of the Director, reward the staff of the center for 
meritorious performance by the provision of such performance awards as 
the Director shall prescribe.
    (5) The administrator of a national intelligence center may 
recommend to the head of the element of the intelligence community 
concerned the reassignment to such element of any personnel of such 
element previously assigned or detailed to the center.
    (f) Modification or Termination of Centers.--(1) The Director may 
terminate a national intelligence center if the Director determines 
that the center is no longer required to meet an intelligence priority 
established by the National Security Council.
    (2) The Director may from time to time recommend to the National 
Security Council a modification of the mission or responsibilities of a 
national intelligence center, and may, with the approval of the 
National Security Council, modify the mission or responsibilities of a 
national intelligence center.
    (g) Support.--The element of the intelligence community assigned 
lead responsibility for a national intelligence center under subsection 
(b)(1) shall be responsible for the provision of administrative support 
for the center, including the provision of funds to the center 
necessary for the administration of the center, until such time as the 
center is included in the National Foreign Intelligence Program Budget.

SEC. 115. ASSISTANT DIRECTOR OF INTELLIGENCE FOR RESEARCH, DEVELOPMENT, 
              AND PROCUREMENT.

    (a) Assistant Director of Intelligence for Research, Development, 
and Procurement.--There is an Assistant Director of Intelligence for 
Research, Development, and Procurement who shall be appointed by the 
Director.
    (b) Direction.--The Assistant Director of Intelligence for 
Research, Development, and Procurement shall report to the Director 
regarding the activities of the Assistant Director.
    (c) Principal Responsibilities.--The Assistant Director of 
Intelligence for Research, Development, and Procurement shall--
            (1) manage and oversee the research and development 
        activities of the intelligence community with respect to the 
        intelligence and intelligence-related activities of the United 
        States Government;
            (2) ensure that research and development projects are 
        consistent with national intelligence requirements;
            (3) establish priorities among such projects in order to 
        address deficiencies in the collection, analysis, and 
        dissemination of national intelligence;
            (4) account for funding constraints in program development 
        and acquisition;
            (5) address system requirements from collection to final 
        dissemination (also known as ``end-to-end architecture''); and
            (6) in consultation with the Director, the Chief 
        Information Officer of the Department of Intelligence, and the 
        Intelligence Comptroller, ensure that tactical military 
        intelligence systems, military systems, and national 
        intelligence systems are sufficiently interoperable.
    (e) Responsibility for Performance of Specific Function.--In 
carrying out responsibilities under this section, the Assistant 
Director of Intelligence for Research, Development, and Procurement 
shall ensure through the National Reconnaissance Office the continued 
operation of an effective unified organization for the research, 
development, and acquisition of overhead reconnaissance systems 
necessary to satisfy--
            (1) the requirements of all elements of the intelligence 
        community; and
            (2) the needs of the Department of Defense, including the 
        Chairman of the Joint Chiefs of Staff and the commanders of the 
        unified and specified commands.

SEC. 116. ASSISTANT DIRECTOR OF INTELLIGENCE FOR CIVIL LIBERTIES AND 
              PRIVACY.

    (a) Assistant Director of Intelligence for Civil Liberties and 
Privacy.--There is an Assistant Director of Intelligence for Civil 
Liberties and Privacy who shall be appointed by the Director.
    (b) Direction.--The Assistant Director of Intelligence for Civil 
Liberties and Privacy shall report to the Director regarding the 
activities of the Assistant Director.
    (c) Duties and Responsibilities.--The Assistant Director of 
Intelligence for Civil Liberties and Privacy shall--
            (1) serve as the head of the Office of Civil Liberties and 
        Privacy under section 242; and
            (2) in that capacity, have the duties and responsibilities 
        specified in that section.

SEC. 117. NATIONAL INTELLIGENCE COUNCIL.

    (a) National Intelligence Council.--There is a National 
Intelligence Council.
    (b) Composition.--(1) The National Intelligence Council shall be 
composed of substantive experts on matters addressed by the Council who 
shall be appointed by, report to, and serve at the pleasure of the 
Director.
    (2) The Director shall prescribe appropriate security requirements 
for service on the Council to ensure the protection of intelligence 
sources and methods.
    (c) Duties and Responsibilities.--(1) The National Intelligence 
Council shall--
            (A) produce national intelligence estimates for the United 
        States Government, including alternative views held by elements 
        of the intelligence community;
            (B) evaluate intelligence community-wide collection, 
        analysis, and production of intelligence and the requirements 
        and resources of the collection, analysis, and production of 
        such intelligence; and
            (C) otherwise assist the Director in carrying out the 
        responsibilities described in section 131.
    (2)(A) National intelligence estimates produced under paragraph 
(1)(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; and
            (iii) present and explain alternative conclusions with 
        respect to the intelligence and estimates.
    (B) Before publication and distribution of a national intelligence 
estimate, the estimate shall be certified by both the Director and the 
Chairman of the Council as approved for publication and distribution.
    (d) Access to Intelligence.--To the extent approved by the 
President and recommended by the Director, the National Intelligence 
Council shall have access to all intelligence related to the national 
security that is necessary for its duties and responsibilities under 
this section.
    (e) Contract Authority.--Subject to the direction and control of 
the Director, the National Intelligence Council may carry out its 
duties and responsibilities under this section by contract, including 
contracts for substantive experts necessary to assist the Council with 
particular assessments under this section.
    (f) Staff.--The Director shall make available to the National 
Intelligence Council such staff as may be necessary to permit the 
Council to carry out its duties and responsibilities under this 
section.
    (g) Availability to Policymakers.--The National Intelligence 
Council shall be readily accessible to policymaking officials of the 
United States.
    (h) Assistance of Intelligence Community.--The heads of the 
elements of the intelligence community shall, as appropriate, furnish 
such support to the National Intelligence Council, including the 
preparation of intelligence analyses, as may be required by the 
Director.

SEC. 118. GENERAL COUNSEL OF THE DEPARTMENT OF INTELLIGENCE.

    (a) General Counsel.--There is a General Counsel of the Department 
of Intelligence who shall be appointed from civilian life by the 
President, by and with the advice and consent of the Senate.
    (b) Prohibition on Dual Service as General Counsel of Another 
Agency.--The individual serving in the position of General Counsel of 
the Department of Intelligence may not, while so serving, also serve as 
the General Counsel of any other department, agency, or element of the 
United States Government.
    (c) Scope of Position.--The General Counsel of the Department of 
Intelligence is the chief legal officer of the Department.
    (d) Functions.--The General Counsel of the Department of 
Intelligence shall perform such functions as the Director may 
prescribe.

SEC. 119. INSPECTOR GENERAL OF THE DEPARTMENT OF INTELLIGENCE.

    (a) Inspector General.--There is an Inspector General of the 
Department of Intelligence who shall be appointed as provided in 
section 3 of the Inspector General Act of 1978 (5 U.S.C. App. 3).
    (b) Supervision and Control; Removal.--(1) The Inspector General of 
the Department of Intelligence shall report to and be under the general 
supervision of the Director.
    (2) The Inspector General may be removed from office only by the 
President. The President shall immediately communicate in writing to 
the congressional intelligence committees the reasons for the removal 
of any individual from the position of Inspector General.
    (c) Duties and Responsibilities.--It shall be the duty and 
responsibility of the Inspector General of the Department of 
Intelligence--
            (1) to provide policy direction for, and to plan, conduct, 
        supervise, and coordinate independently, the inspections, 
        investigations, and audits relating to the programs and 
        operations of the Department and the intelligence community to 
        ensure they are conducted efficiently and in accordance with 
        applicable law and regulations;
            (2) to keep the Director fully and currently informed 
        concerning violations of law and regulations, violations of 
        civil liberties and privacy, and fraud and other serious 
        problems, abuses, and deficiencies that may occur in such 
        programs and operations, and to report the progress made in 
        implementing corrective action;
            (3) to take due regard for the protection of intelligence 
        sources and methods in the preparation of all reports issued by 
        the Inspector General, and, to the extent consistent with the 
        purpose and objective of such reports, take such measures as 
        may be appropriate to minimize the disclosure of intelligence 
        sources and methods described in such reports;
            (4) to prepare semiannual reports as provided in subsection 
        (d); and
            (5) to perform such other duties specified for inspectors 
        general in the Inspector General Act of 1978 as the Director 
        shall prescribe.
    (d) Powers and Authorities.--(1)(A) The Inspector General of the 
Department of Intelligence shall have access to any employee or any 
employee of a contractor of the Department or any other element of the 
intelligence community whose testimony is needed for the performance of 
the duties and responsibilities of the Inspector General.
    (B) The Inspector General shall have direct access to all records, 
reports, audits, reviews, documents, papers, recommendations, or other 
materials which relate to the programs and operations with respect to 
which the Inspector General has responsibilities under this section.
    (C) The level of classification or compartmentation of information 
shall not, in and of itself, provide a sufficient rationale for denying 
the Inspector General access to any materials under subparagraph (B).
    (2) The Inspector General is authorized to receive and investigate 
complaints or information from any person concerning the existence of 
an activity constituting a violation of laws, rules, or regulations, or 
mismanagement, gross waste of funds, abuse of authority, or a 
substantial and specific danger to the public health and safety. Once 
such complaint or information has been received from an employee of the 
Department or any other element of the intelligence community--
            (A) the Inspector General shall not disclose the identity 
        of the employee without the consent of the employee, unless the 
        Inspector General determines that such disclosure is 
        unavoidable during the course of the investigation or the 
        disclosure is made to an official of the Department of Justice 
        responsible for determining whether a prosecution should be 
        undertaken; and
            (B) no action constituting a reprisal, or threat of 
        reprisal, for making such complaint may be taken by any 
        employee of the Agency or any other element of the intelligence 
        community in a position to take such actions, unless the 
        complaint was made or the information was disclosed with the 
        knowledge that it was false or with willful disregard for its 
        truth or falsity.
    (3) The Inspector General shall have authority to administer to or 
take from any person an oath, affirmation, or affidavit, whenever 
necessary in the performance of the Inspector General's duties, which 
oath, affirmation, or affidavit when administered or taken by or before 
an employee of the Office designated by the Inspector General shall 
have the same force and effect as if administered or taken by or before 
an officer having a seal.
    (4) The Inspector General shall have such additional powers and 
authorities specified for inspectors general in the Inspector General 
Act of 1978 as the Director shall prescribe.
    (e) Semiannual Reports.--(1) Not later than April 30 and October 31 
each year, the Inspector General of the Department of Intelligence 
shall submit to the Director a report on the activities of the 
Inspector General under this section during the six-month period ending 
March 31 and September 30 of such year, respectively.
    (2) Each report shall include, for the period covered by such 
report, the following:
            (A) The matters specified for semiannual reports of 
        inspectors general in section 5 of the Inspector General Act of 
        1978.
            (B) An assessment of the effectiveness of all measures in 
        place in the Department for the protection of civil liberties 
        and privacy of United States persons.
    (3) Not later than 30 days after receipt of a report under 
paragraph (1), the Director shall transmit to the congressional 
intelligence committees a complete, unabridged copy of such report 
together with such comments on such report as the Director considers 
appropriate.
    (f) Cooperation With Other Inspectors General of Intelligence 
Community.--Each inspector general of an element of the intelligence 
community shall cooperate fully with the Inspector General of the 
Department of Intelligence in the performance of any duty or function 
by the Inspector General of the Department of Intelligence under this 
section regarding such element.
    (g) Construction of Duties Regarding Elements of Intelligence 
Community.--The performance by the Inspector General of the Department 
of Intelligence 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.

SEC. 120. INTELLIGENCE COMPTROLLER.

    (a) Intelligence Comptroller.--There is an Intelligence Comptroller 
who shall be appointed by the Director.
    (b) Supervision.--The Intelligence Comptroller shall report 
directly to the Director.
    (c) Duties.--The Intelligence Comptroller shall--
            (1) assist the Secretary of Defense in the preparation and 
        execution of the budget of the Department of Defense insofar as 
        such budget relates to the tactical intelligence programs;
            (2) assist the Deputy Director of Intelligence in the 
        preparation and execution of the budget of the intelligence 
        community under the National Foreign Intelligence Program;
            (3) provide unfettered access to the Director to financial 
        information under the National Foreign Intelligence Program; 
        and
            (4) provide information to the Deputy Director of 
        Intelligence necessary for reports under section 112(c)(4).
    (d) Staff.--The staff of the Intelligence Comptroller shall consist 
of personnel of the intelligence community who are assigned to the 
staff by the Director, in consultation with the heads of the other 
elements of the intelligence community.

SEC. 121. CHIEF INFORMATION OFFICER OF THE DEPARTMENT OF INTELLIGENCE.

    (a) Chief Information Officer of Department of Intelligence.--There 
is a Chief Information Officer of the Department of Intelligence who 
shall be appointed by the Director.
    (b) Eligibility for Appointment.--Any individual appointed as Chief 
Information Officer of the Department of Intelligence shall have 
extensive experience in the management, operation, and maintenance of 
complex information networks, including the use of advanced information 
technology applications and products to promote the efficient and 
secure exchange of information across such networks.
    (c) Duties and Responsibilities.--The Chief Information Officer of 
the Department of Intelligence shall--
            (1) develop an integrated information technology network 
        that provides for the efficient and secure exchange of 
        intelligence information among the elements of the intelligence 
        community and, as directed by the President, other departments, 
        agencies, and elements of the United States Government and of 
        State and local governments;
            (2) develop an enterprise architecture for the intelligence 
        community and ensure that elements of the intelligence 
        community comply with such architecture;
            (3) ensure that the elements of the intelligence community 
        have direct and continuous electronic access to all information 
        (including unevaluated intelligence) necessary for 
        appropriately cleared analysts to conduct comprehensive all-
        source analysis and for appropriately cleared policymakers to 
        perform their duties;
            (4) review and provide recommendations to the Director on 
        intelligence community budget requests for information 
        technology and national security systems;
            (5) ensure the interoperability of information technology 
        and national security systems throughout the intelligence 
        community;
            (6) promulgate and enforce standards on information 
        technology and national security systems that apply throughout 
        the intelligence community;
            (7) provide for the elimination of duplicate information 
        technology and national security systems within and between the 
        elements of the intelligence community; and
            (8) maintain a consolidated inventory of mission critical 
        and mission essential information systems for the intelligence 
        community, identify interfaces between such systems and other 
        information systems, and develop and maintain contingency plans 
        for responding to a disruption in the operation of any of such 
        systems.

SEC. 122. CHIEF FINANCIAL OFFICER OF THE DEPARTMENT OF INTELLIGENCE.

    (a) Chief Financial Officer of Department of Intelligence.--There 
is a Chief Financial Officer of the Department of Intelligence who 
shall be appointed from civilian life by the Director.
    (b) Supervision.--The Chief Financial Officer of the Department of 
Intelligence shall report directly to the Director.
    (c) Duties and Responsibilities.--The Chief Financial Officer of 
the Department of Intelligence shall, in consultation with the 
Intelligence Comptroller--
            (1) assist the Director and the Deputy Director of 
        Intelligence in the preparation and execution of the budget of 
        the elements of the intelligence community under the National 
        Foreign Intelligence Program;
            (2) assist the Secretary of Defense in the preparation and 
        execution of the budget of the Department of Defense insofar as 
        such budget relates to the elements of the intelligence 
community within the Joint Military Intelligence Program and the 
Tactical Intelligence and Related Activities Program; and
            (3) provide unfettered access to the Director to financial 
        information under the National Foreign Intelligence Program.
    (d) Staff.--The staff of the Chief Financial Officer of the 
Department of Intelligence shall consist of personnel of the elements 
of the intelligence community who are assigned to the staff by the 
Director.

SEC. 123. MILITARY STATUS OF DIRECTOR OF INTELLIGENCE AND DEPUTY 
              DIRECTOR OF INTELLIGENCE.

    (a) In General.--(1) Not more than one of the individuals serving 
in the positions specified in subsection (b) may be a commissioned 
officer of the Armed Forces in active status.
    (2) It is the sense of Congress that at least one of the 
individuals serving in a position specified in subsection (b) should be 
a commissioned officer of the Armed Forces, whether in active or 
retired status.
    (b) Covered Positions.--The positions referred to in this 
subsection are the following:
            (1) The Director.
            (2) The Deputy Director of Intelligence.
    (c) Service of Commissioned Officers.--(1) A commissioned officer 
of the Armed Forces, while serving in a position specified in 
subsection (b)--
            (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.
    (2) Except as provided in subparagraph (A) or (B) of paragraph (1), 
the appointment of an officer of the Armed Forces to a position 
specified in subsection (b) 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.
    (3) A commissioned officer of the Armed Forces on active duty who 
is appointed to a position specified in subsection (b), 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.

         Subtitle C--Mission, Responsibilities, and Authorities

SEC. 131. PROVISION OF NATIONAL INTELLIGENCE.

    (a) Provision of National Intelligence.--The Director shall be 
responsible for providing national intelligence--
            (1) to the President;
            (2) to the heads of other departments and agencies of the 
        executive branch;
            (3) to the Chairman of the Joint Chiefs of Staff and senior 
        military commanders; and
            (4) upon request, to the Senate and House of 
        Representatives and the committees thereof.
    (b) Sense of Congress.--The national intelligence provided under 
subsection (a) should be timely, objective, independent of political 
considerations, and based upon all sources available to the 
intelligence community.

SEC. 132. RESPONSIBILITIES OF DIRECTOR OF INTELLIGENCE.

    (a) In General.--The Director shall, in consultation with the heads 
of relevant entities and taking into consideration the intelligence 
requirements established by the National Security Council for purposes 
of national security and foreign policy--
            (1) direct and manage 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;
            (2) 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;
            (3) promote and evaluate the utility of national 
        intelligence to consumers within the United States Government;
            (4) eliminate waste and unnecessary duplication within the 
        intelligence community;
            (5) 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;
            (6) establish requirements and procedures for the 
        classification of information;
            (7) establish requirements and procedures for the 
        dissemination of classified information by elements of the 
        intelligence community;
            (8) establish intelligence reporting guidelines while 
        protecting intelligence sources and methods;
            (9) oversee and ensure compliance by each element of the 
        intelligence community with the statutes and Executive orders 
        of the United States, including laws related to the protection 
        of civil liberties and privacy of United States persons;
            (10) protect intelligence sources and methods from 
        unauthorized disclosure as provided in subsection (b);
            (11) establish and implement policies and procedures 
        governing access to, and use of, specified data base 
        information by officers and employees of the elements of the 
        intelligence community and, as directed by the President (after 
        recommendations by the Attorney General), law enforcement 
        personnel of the United States Government;
            (12) develop, in consultation with the Secretary of 
        Defense, the Secretary of Homeland Security, and the heads of 
        other appropriate departments and agencies of the United States 
        Government, an integrated communications network that provides 
        interoperable communications capabilities among all elements of 
        the intelligence community and such other entities and persons 
        as the Director considers appropriate;
            (13) develop and implement, in consultation with the heads 
        of the other elements of the intelligence community, policies 
        and programs within the intelligence community for the rotation 
        of personnel among the elements of the intelligence community 
        in a manner that--
                    (A) makes service in more than one element of the 
                intelligence community pursuant to such rotation a 
                condition of promotion to such positions within the 
                intelligence community as the Director shall specify;
                    (B) ensures the effective management of 
                intelligence community personnel who are specially 
                training in intelligence community-wide matters; and
                    (C) establishes standards for education and 
                training that will facilitate assignments to the 
                national intelligence centers under section 114;
            (14) consolidate and manage a common personnel security 
        system for the Department;
            (15) develop and implement, as necessary, a common 
        personnel system and common retirement and disability system 
        for the Department;
            (16) ensure that the composition of the personnel of the 
        intelligence community is sufficiently diverse for purposes of 
        the collection and analysis of intelligence by recruiting and 
        training for service in the intelligence community women, 
        minorities, and individuals with diverse ethnic, cultural, and 
        linguistic backgrounds;
            (17) appoint officers or employees of the Department of 
        Homeland Security, the Central Intelligence Agency, the 
        National Security Agency, the National Geospatial-Intelligence 
        Agency, the National Reconnaissance Office, and other elements 
        of the Department of Intelligence to serve as tasking directors 
        to assist in the tasking of collection, analysis, and 
        dissemination of information for all elements of the 
        intelligence community under the National Foreign Intelligence 
        Program;
            (18) in accordance with the provisions of section 106 of 
        the National Security Act of 1947 (50 U.S.C. 403-6), make 
        recommendations to the President regarding the appointment of 
        certain heads of elements of the intelligence community;
            (19) develop such objectives and guidance for the 
        intelligence community as, in the judgment of the Director, are 
        necessary to ensure the timely and effective collection, 
        processing, analysis, and dissemination of intelligence, of 
        whatever nature and from whatever source derived, concerning 
        current and potential threats to the security of the United 
        States and its interests, and to ensure that the National 
        Foreign Intelligence Program is structured adequately to 
        achieve such objectives;
            (20) work with the elements of the intelligence community 
        to ensure that the intelligence collection activities of the 
        United States Government are integrated in--
                    (A) collecting against enduring and emerging 
                threats to the national security of the United States;
                    (B) maximizing the value of such intelligence 
                collection to the national security of the United 
                States; and
                    (C) ensuring that all collected data is available, 
                to the maximum extent practicable, for integration, 
                analysis, and dissemination to those who can act on, 
                add value to, or otherwise apply it to mission needs;
            (21) ensure that appropriate departments, agencies, and 
        elements of the United States Government have access to, and 
        receive, all-source intelligence support needed to perform 
        independent, alternative analysis;
            (22) establish policies, procedures, and mechanisms that 
        translate intelligence objectives and priorities approved by 
        the President into specific guidance for the intelligence 
        community;
            (23) receive access to all foreign intelligence, 
        counterintelligence, and national intelligence, including 
        intelligence derived from activities of any department, agency, 
        or element of the United States Government, and to all other 
        information that is related to the national security or is 
        otherwise required for the performance of the duties of the 
        Director, except in cases in which the access of the Director 
        to such information is expressly prohibited by law, by the 
        President, or by the Attorney General acting at the direction 
        of the President;
            (24) consistent with section 133, review, and approve or 
        disapprove, any proposal to--
                    (A) reprogram funds within an appropriation for the 
                National Foreign Intelligence Program;
                    (B) transfer funds from an appropriation for the 
                National Foreign Intelligence Program to an 
                appropriation that is not for the National Foreign 
                Intelligence Program within the intelligence community; 
                or
                    (C) transfer funds from an appropriation that is 
                not for the National Foreign Intelligence Program 
                within the intelligence community to an appropriation 
                for the National Foreign Intelligence Program;
            (25) ensure that any intelligence and operational systems 
        and architectures of the departments, agencies, and elements of 
        the United States Government are consistent with national 
        intelligence requirements set by the Director and all 
        applicable information sharing and security guidelines and 
        information privacy requirements;
            (26) in consultation with the Attorney General, set forth 
        common standards, through written requirements, procedures, and 
        guidelines, for the collection and sharing of information 
        collected abroad and in the United States by the elements of 
        the intelligence community, and with State and local 
        governments in consultation with the Secretary of Homeland 
        Security, while to the maximum extent practicable, protecting 
        the privacy and civil liberties of United States persons and 
        ensuring that relevant officers of the United States Government 
        are provided with clear, understandable, consistent, effective, 
        and lawful procedures and guidelines for the collection, 
        handling, distribution, and retention of information;
            (27) require, at the outset of the intelligence collection 
        and analysis process, the creation of records and reporting, 
        for both raw and processed information, in such a manner that 
        sources and methods are protected so that the information 
can be distributed at lower classification levels, and by creating 
unclassified versions for distribution whenever possible;
            (28) require information to be shared free of originator 
        controls, including controls requiring the consent of the 
        originating agency prior to the dissemination of the 
        information outside any other agency to which it has been made 
        available, and otherwise minimizing the applicability of 
        information compartmentalization systems to information while 
        holding personnel accountable for increased sharing of 
        intelligence related to the national security;
            (29) direct, supervise, and control all aspects of national 
        intelligence, including the programs, projects, and activities 
        of the national intelligence centers; and
            (30) perform such other functions as the President may 
        direct.
    (b) 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 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 not delegate a duty or authority under this 
subsection.
    (c) Uniform Procedures for Sensitive Compartmented Information.--
The President, acting through the Director, shall--
            (1) establish uniform standards and procedures for the 
        grant of access to sensitive compartmented information to any 
        officer or employee of any department, agency, or element of 
        the United States Government and to employees of contractors of 
        the departments, agencies, and elements of the United States 
        Government;
            (2) ensure the consistent implementation of those standards 
        and procedures throughout the departments, agencies, and 
        elements of the United States Government; and
            (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 such elements.

SEC. 133. AUTHORITIES OF DIRECTOR OF INTELLIGENCE.

    (a) Access to Intelligence.--To the extent approved by the 
President, the Director shall have access to all intelligence related 
to the national security which is collected by any department, agency, 
or other element of the United States Government.
    (b) Determination of Budgets for NFIP and Other Intelligence 
Activities.--The Director shall determine, as appropriate, the annual 
budget for intelligence and intelligence-related activities of the 
United States under section 102(d)(3) by--
            (1) developing and presenting to the President an annual 
        budget for the National Foreign Intelligence Program, 
        including, in furtherance of such budget--
                    (A) the preparation, review, modification, and 
                approval of budgets of the elements of the intelligence 
                community; and
                    (B) the preparation, review, modification, and 
                approval of personnel and resource allocations by the 
                elements of the intelligence community;
            (2) participating in the development by the Secretary of 
        Defense of the annual budget for the Joint Military 
        Intelligence Program and the Tactical Intelligence and Related 
        Activities Program;
            (3) having direct jurisdiction of amounts appropriated or 
        otherwise made available for the National Foreign Intelligence 
        Program as specified in subsection (e); and
            (4) managing and overseeing the execution, and, if 
        necessary, the modification of the annual budget for the 
        National Foreign Intelligence Program, including directing the 
        reprogramming and reallocation of funds, and the transfer of 
        personnel, among and between elements of the intelligence 
        community in accordance with subsection (f).
    (c) Budget Authorities.--(1) For purposes of subsection (b)--
            (A) the Director shall, acting through the Deputy Director 
        of Intelligence, direct, coordinate, and prepare the annual 
        budgets of the elements of the intelligence community within 
        the National Foreign Intelligence Program, in consultation with 
        the heads of such elements;
            (B) the Director shall provide guidance for the development 
        of the annual budgets for such other elements of the 
        intelligence community as are not within the National Foreign 
        Intelligence Program;
            (C) the heads of the elements referred to in subparagraph 
        (B), shall coordinate closely with the Deputy Director of 
        Intelligence in the development of the budgets of those 
        elements, before the submission of their recommendations to the 
        Director for approval; and
            (D) the budget of any element of the intelligence community 
        within the National Foreign Intelligence Program may not be 
        provided to the President for transmission to Congress unless 
        the Director has approved such budget.
    (2)(A) In preparing and presenting an annual budget under 
subsection (b)(1), the Director shall develop the annual budget for the 
elements of the intelligence community within the National Foreign 
Intelligence Program.
    (B) If any portion of the budget for an element of the intelligence 
community is prepared outside the Office of the Director of 
Intelligence, the Director--
            (i) shall approve such budget before submission to the 
        President; and
            (ii) may require modifications of such budget to meet the 
        requirements and priorities of the Director before approving 
        such budget under clause (i).
    (d) Management and Oversight of National Foreign Intelligence 
Program.--(1) The Director shall manage and oversee the execution by 
each element of the intelligence community of any amounts appropriated 
or otherwise made available to such element under the National Foreign 
Intelligence Program.
    (2) Consistent with subsections (e) and (f), the Director may 
modify the resource and personnel allocations of any element of the 
intelligence community.
    (e) Jurisdiction of Funds Under NFIP.--Notwithstanding any other 
provision of law and consistent with section 504 of the National 
Security Act of 1947 (50 U.S.C. 414), any amounts appropriated or 
otherwise made available for the National Foreign Intelligence Program 
shall be considered to be appropriated or otherwise made available to, 
and under the direct jurisdiction, management, and oversight of, the 
Director.
    (f) Reprogramming and Reallocation of Funds and Transfer of 
Personnel Under NFIP.--(1)(A) Consistent with section 504 of the 
National Security Act of 1947, the Director of Intelligence may, with 
the approval of the Director of the Office of Management and Budget and 
in accordance with procedures developed by the Director of 
Intelligence, reprogram funds appropriated or otherwise made available 
for a program within the National Foreign Intelligence Program to 
another such program.
    (B) Consistent with section 504 of the National Security Act of 
1947, no funds appropriated or otherwise 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 except in accordance with procedures issued by the Director.
    (2) Consistent with section 504 of the National Security Act of 
1947, the Director may reallocate funds appropriated or otherwise made 
available for a program within the National Foreign Intelligence 
Program for other purposes under such program.
    (3) Consistent with section 504 of the National Security Act of 
1947, the Director may, in accordance with procedures developed by the 
Director, transfer personnel authorized for an element of the 
intelligence community to another element of the intelligence community 
for a period of up to a year.
    (4) Consistent with section 504 of the National Security Act of 
1947, the Secretary of Defense shall consult with the Director before 
reprogramming funds available under the Joint Military Intelligence 
Program or the Tactical Intelligence and Related Activities Program.
    (5) The Director may not delegate a responsibility or authority of 
the Director under this subsection.
    (6) A reprogramming of funds or a transfer of funds or personnel 
may be made under this subsection only if--
            (A) the funds or personnel are being reprogrammed or 
        transferred, as the case may be, 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) in the case of a reprogramming of funds, the 
        reprogramming of funds does not involve a reprogramming of 
        funds to the Reserve for Contingencies of the Central 
        Intelligence Agency.
    (7) Funds reprogrammed or transferred under this subsection shall 
remain available for the same period as the account or subaccount to 
which reprogrammed or transferred, as the case may be.
    (8)(A) Any reprogramming 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 reprogramming of funds for which notice is given 
to the appropriate congressional committees shall be accompanied by a 
report explaining the nature of the proposed reprogramming and how it 
satisfies the requirements of this subsection.
    (C) The congressional intelligence committees shall be promptly 
notified of any reprogramming of funds under this subsection in any 
case in which the reprogramming of such funds would not have otherwise 
required reprogramming notification under procedures in effect as of 
October 24, 1992.
    (9)(A) 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.
    (B) The Director shall include in any report under subparagraph (A) 
an explanation of the nature of the transfer concerned and how it 
satisfies the requirements of this subsection.
    (g) Delegation of Certain Administrative Authorities.--(1) 
Notwithstanding any other provision of law, the Director may delegate 
to the head of any other element of the intelligence community any 
authority of the Director of the Central Intelligence Agency with 
respect to the Central Intelligence Agency under a provision of the 
Central Intelligence Agency Act of 1949 as follows:
            (A) Section 3 (50 U.S.C. 403c), relating to procurement.
            (B) Section 4 (50 U.S.C. 403e), relating to travel 
        allowances and related expenses.
            (C) Section 5 (50 U.S.C. 403f), relating to administration 
        of funds.
            (D) Section 6 (50 U.S.C. 403g), relating to exemptions from 
        certain information disclosure requirements.
            (E) Section 8 (50 U.S.C. 403j), relating to availability of 
        appropriations.
            (F) Section 11 (50 U.S.C. 403k), relating to payment of 
        death gratuities.
            (G) Section 12 (50 U.S.C. 403l), relating to acceptance of 
        gifts, devises, and bequests.
            (H) Section 21 (50 U.S.C. 403u), relating to operation of a 
        central services program.
    (2) Notwithstanding any other provision of law, the head of an 
element of the intelligence community delegated an authority under 
paragraph (1) with respect to such element may exercise such authority 
with respect to such element to the same extent that the Director of 
the Central Intelligence Agency may exercise such authority with 
respect to the Central Intelligence Agency.
    (h) Termination of Employees of Department.--(1) Notwithstanding 
any other provision of law, the Director may, at the discretion of the 
Director, terminate the employment of any officer or employee of the 
Department whenever the Director considers the termination of 
employment of such officer or employee necessary or advisable in the 
interests of the United States.
    (2) Any such termination of employment shall not affect the right 
of the officer or employee terminated to seek or accept employment in 
any other department or agency of the United States Government if 
declared eligible for such employment by the Office of Personnel 
Management.
    (i) 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 
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.
    (j) Standards and Qualifications for Performance of Intelligence 
Activities.--The Director shall develop standards and qualifications 
for persons engaged in the performance of intelligence activities 
within the intelligence community.
    (k) Personal Services.--The Director may--
            (1) procure the temporary or intermittent services of 
        experts or consultants (or organizations thereof) in accordance 
        with section 3109 of title 5, United States Code; and
            (2) whenever necessary due to a need related to 
        intelligence functions of the Department, procure temporary 
        (not to exceed 1 year) or intermittent personal services, 
        including the services of experts or consultants (or 
        organizations thereof), without regard to the pay limitations 
        of such section 3109.

            TITLE II--ELEMENTS OF DEPARTMENT OF INTELLIGENCE

                Subtitle A--Central Intelligence Agency

SEC. 201. CENTRAL INTELLIGENCE AGENCY.

    (a) Element of Department of Intelligence.--The Central 
Intelligence Agency is an element of the Department.
    (b) Head of Agency.--The Director of the Central Intelligence 
Agency is the head of the Central Intelligence Agency as provided for 
in the National Security Act of 1947 (50 U.S.C. 401 et seq.), the 
Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), and 
other applicable provisions of law.
    (c) Supervision and Control.--(1) The Central Intelligence Agency 
shall be under the supervision, direction, and control of the Director 
of Intelligence.
    (2) The Director of the Central Intelligence Agency shall report 
directly to the Director of Intelligence.

SEC. 202. MISSION; POWER AND AUTHORITIES.

    (a) Mission.--The Central Intelligence Agency shall have the 
mission provided for the Agency under the National Security Act of 1947 
(50 U.S.C. 401 et seq.) and the Central Intelligence Agency Act of 1949 
(50 U.S.C. 403a et seq.) and as otherwise provided by law or directed 
by the President.
    (b) Power and Authorities.--Except as otherwise provided by this 
Act, the Director of the Central Intelligence Agency shall have such 
powers and authorities as are provided the Director in the National 
Security Act of 1947 and Central Intelligence Agency Act of 1949 and as 
are otherwise provided by law or directed by the President or the 
Director.

                  Subtitle B--National Security Agency

SEC. 211. NATIONAL SECURITY AGENCY.

    (a) Element of Department of Intelligence.--The National Security 
Agency is an element of the Department.
    (b) Head of Agency.--The Director of the National Security Agency 
is the head of the National Security Agency.
    (c) Supervision and Control.--(1) The National Security Agency 
shall be under the supervision, direction, and control of the Director 
of Intelligence.
    (2) The Director of the National Security Agency shall report 
directly to the Director of Intelligence.

SEC. 212. MISSION; POWER AND AUTHORITIES.

    (a) Mission.--The National Security Agency shall have the mission 
provided for the Agency under the National Security Agency Act of 1959 
(50 U.S.C. 402 note) or as otherwise provided by law or directed by the 
President.
    (b) Power and Authorities.--The Director of the National Security 
Agency shall have such powers and authorities as are provided the 
Director in the National Security Act of 1959 or as are otherwise 
provided by law or directed by the President.

          Subtitle C--National Geospatial-Intelligence Agency

SEC. 221. NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY.

    (a) Element of Department of Intelligence.--The National 
Geospatial-Intelligence Agency is an element of the Department.
    (b) Head of Agency.--(1) The Director of the National Geospatial-
Intelligence Agency is the head of the National Geospatial-Intelligence 
Agency.
    (2) If an officer of the Armed Forces on active duty is appointed 
to the position of Director of the National Geospatial-Intelligence 
Agency, the position shall be treated as having been designated by the 
President as a position of importance and responsibility for purposes 
of section 601 of title 10, United States Code, and shall carry the 
grade of lieutenant general, or, in the case of an officer of the Navy, 
vice admiral.
    (c) Supervision and Control.--(1) The National Geospatial-
Intelligence Agency shall be under the supervision, direction, and 
control of the Director of Intelligence.
    (2) The Director of the National Geospatial-Intelligence Agency 
shall report directly to the Director of Intelligence.

SEC. 222. MISSION; POWER AND AUTHORITIES.

    (a) Mission.--The National Geospatial-Intelligence Agency shall 
have the mission provided for the Agency under subtitle B of title III 
or as otherwise provided by law or directed by the President.
    (b) Power and Authorities.--The Director of the National 
Geospatial-Intelligence Agency shall have such powers and authorities 
as are provided the Agency under subtitle B of title III or as 
otherwise provided by law or directed by the President.
    (c) Availability and Continued Improvement of Imagery Intelligence 
Support to All-Source Analysis and Production Function.--The Director 
of Intelligence shall take all necessary steps to ensure the full 
availability and continued improvement of imagery intelligence support 
for all-source analysis and production.

               Subtitle D--National Reconnaissance Office

SEC. 231. NATIONAL RECONNAISSANCE OFFICE.

    (a) Element of Department of Intelligence.--The National 
Reconnaissance Office is an element of the Department.
    (b) Head of Office.--The Director of the National Reconnaissance 
Office is the head of the National Reconnaissance Office.
    (c) Supervision and Control.--(1) The National Reconnaissance 
Office shall be under the supervision, direction, and control of the 
Director of Intelligence.
    (2) The Director of the National Reconnaissance Office shall report 
directly to the Director of Intelligence.

SEC. 232. MISSION; POWER AND AUTHORITIES.

    (a) Mission.--The National Reconnaissance Office shall have the 
mission provided by law or as directed by the President.
    (b) Power and Authorities.--The National Reconnaissance Office 
shall have such powers and authorities as are provided by law or as 
directed by the President.

                       Subtitle E--Other Offices

SEC. 241. INTELLIGENCE, COUNTERTERRORISM, AND COUNTERINTELLIGENCE 
              OFFICES.

    (a) Elements of Department of Intelligence.--Each element of the 
Federal Bureau of Investigation specified in subsection (b) shall, 
after the date of the enactment of this Act, be an element of the 
Department.
    (b) Specified Elements.--The elements of the Federal Bureau of 
Investigation specified in this subsection are as follows:
            (1) The Office of Intelligence.
            (2) The Counterterrorism Division personnel under the 
        National Foreign Intelligence Program.
            (3) The Counterintelligence Division personnel under the 
        National Foreign Intelligence Program.
    (c) Supervision and Control.--(1) Each element of the Department 
under subsection (a) shall be under the supervision, direction, and 
control of the Director of Intelligence.
    (2)(A) Each element of the Department under subsection (a) shall 
remain at all times subject to applicable guidelines on investigations 
of the Attorney General and the Department of Justice in effect as of 
September 1, 2004, and any successor guidelines to such guidelines, 
particularly the provisions of such guidelines relating to 
investigations within the United States and investigations of United 
States persons.
    (B) A copy of any guidelines covered by subparagraph (A) shall be 
made available to congressional intelligence committees and the public 
before their implementation or utilization by the elements of the 
Department under subsection (a). In making guidelines available to the 
public under this subparagraph, the Director of Intelligence may redact 
any portions of such guidelines that are classified for reasons of 
national security.
    (3) The Attorney General shall review, and approve prior to 
execution, the tasking of, or requests for, domestic collection against 
United States persons, collection against United States persons, 
domestic intelligence operations, and assignment of operational 
responsibilities by the Administrator of the National Counterterrorism 
Center.
    (d) Mission.--Each element of the Department under subsection (a) 
shall have the mission provided for such element by law or as directed 
by the President.
    (e) Power and Authorities.--Each element of the Department under 
subsection (a) shall have such powers and authorities as are provided 
such element by law or as directed by the President.
    (f) Support.--(1) The Director of the Federal Bureau of 
Investigation shall, in coordination with the Director of Intelligence, 
ensure that each element of the Department under subsection (a) is 
provided all administrative resources necessary to perform its 
intelligence and intelligence-related functions.
    (2) The Attorney General shall ensure through the Director of 
Intelligence that the domestic intelligence operations of the elements 
of the Department under subsection (a), and any intelligence operations 
of such elements directed against United States persons, comply with 
the Constitution and all laws, regulations, Executive orders, and 
implementing guidelines of the United States applicable to such 
operations.

SEC. 242. OFFICE OF CIVIL LIBERTIES AND PRIVACY.

    (a) Office of Civil Liberties and Privacy.--There is within the 
Department an Office of Civil Liberties and Privacy.
    (b) Head of Office.--The Assistant Director of Intelligence for 
Civil Liberties and Privacy is the head of the Office of Civil 
Liberties and Privacy.
    (c) Supervision.--The Assistant Director of Intelligence for Civil 
Liberties and Privacy shall report directly to the Director.
    (d) Duties Relating to Civil Liberties.--The Assistant Director of 
Intelligence for Civil Liberties and Privacy shall, with respect to 
matters of the Department relating to civil liberties--
            (1) assist the Director in ensuring that the protection of 
        civil rights and civil liberties is appropriately incorporated 
        in the policies and procedures developed for and implemented by 
        the Department;
            (2) oversee compliance by the Department with requirements 
        under the Constitution and all laws, regulations, Executive 
        orders, and implementing guidelines relating to civil rights 
        and civil liberties;
            (3) review, investigate, and assess complaints and other 
        information indicating possible abuses of civil rights or civil 
        liberties in the administration of the programs and operations 
        of the Department unless, in the determination of the Inspector 
        General of the Department of Intelligence, the review, 
        investigation, or assessment of a particular complaint or 
        information can better be conducted by the Inspector General;
            (4) issue guidance on civil liberties concerns with, or 
        civil liberties objections to, any policy or practice of the 
        Department; and
            (5) perform such other duties as may be prescribed by the 
        Director or specified by law.
    (e) Duties Relating to Privacy.--The Assistant Director of 
Intelligence for Civil Liberties and Privacy shall, with respect to 
matters of the Department relating to privacy--
            (1) assure that the use of technologies sustain, and do not 
        erode, privacy protections relating to the use, collection, and 
        disclosure of personal information;
            (2) assure that personal information contained in Privacy 
        Act systems of records is handled in full compliance with fair 
        information practices as set out in the Privacy Act of 1974;
            (3) conduct a privacy impact assessment of proposed rules 
        of the Department or that of the Department on the privacy of 
        personal information, including the type of personal 
        information collected and the number of people affected; and
            (4) conduct privacy impact assessments when appropriate or 
        as required by law.

                 TITLE III--OTHER INTELLIGENCE MATTERS

 Subtitle A--Modifications and Improvements of Intelligence Authorities

SEC. 301. SENSE OF CONGRESS ON AVAILABILITY TO PUBLIC OF CERTAIN 
              INTELLIGENCE FUNDING INFORMATION.

    (a) Sense of Congress.--It is the sense of Congress that the 
President should, for each fiscal year after fiscal year 2005, make 
available to the public the information described in subsection (b) 
unless the President certifies that public disclosure of such 
information would cause damage to the national security of the United 
States.
    (b) Covered Information.--The information described in this 
subsection is as follows:
            (1) The aggregate amount of appropriations requested in the 
        budget of the President for the fiscal year concerned for the 
        intelligence and intelligence-related activities of the United 
        States Government.
            (2) The aggregate amount of funds authorized to be 
        appropriated, and the aggregate amount of funds appropriated, 
        by Congress for the fiscal year concerned for the intelligence 
        and intelligence-related activities of the United States 
        Government.

SEC. 302. COORDINATION BETWEEN DIRECTOR OF INTELLIGENCE AND SECRETARY 
              OF DEFENSE IN PERFORMANCE OF SPECIFIC FUNCTIONS 
              PERTAINING TO NATIONAL FOREIGN INTELLIGENCE PROGRAM.

    Section 105(b) of the National Security Act of 1947 (50 U.S.C. 403-
5(b)) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``Consistent with sections 103 and 104, the Secretary of 
        Defense shall'' and inserting ``Consistent with sections 132 
        and 133 of the Intelligence Reformation Act of 2004, the 
        Secretary of Defense shall, in coordination with the Director 
        of Intelligence''; and
            (2) in paragraph (2)(D), by striking ``notwithstanding any 
        other provision of law,''.

SEC. 303. ROLE OF DIRECTOR OF INTELLIGENCE IN CERTAIN RECOMMENDATIONS 
              TO THE PRESIDENT ON APPOINTMENTS TO INTELLIGENCE 
              COMMUNITY.

    The text of section 106 of the National Security Act of 1947 (50 
U.S.C. 403-6) is amended to read as follows:
    ``(a) Recommendations of Director of Intelligence in Certain 
Appointments.--(1) In the event of a vacancy in a position referred to 
in paragraph (2), the Director of Intelligence shall recommend to the 
President an individual for appointment to the position.
    ``(2) Paragraph (1) applies to the following positions:
            ``(A) The Deputy Director of Intelligence.
            ``(B) The Director of the Central Intelligence Agency.
            ``(C) The Director of the National Security Agency.
            ``(D) The Director of the National Geospatial-Intelligence 
        Agency.
            ``(E) The Director of the National Reconnaissance Office.
            ``(F) The Administrator of the National Counterterrorism 
        Center.
    ``(b) Concurrence of Director of 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 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 Under Secretary for Information Analysis and 
        Infrastructure Protection of the Department of Homeland 
        Security.
            ``(B) The Assistant Secretary of State for Intelligence and 
        Research.
            ``(C) The Director of the Defense Intelligence Agency.
            ``(D) The Assistant Secretary for Intelligence and Analysis 
        of the Department of the Treasury.
            ``(E) The Assistant Secretary for Terrorist Financing of 
        the Department of the Treasury.
            ``(F) The Director of the Office of Intelligence of the 
        Department of Energy.
            ``(G) The Director of the Office of Counterintelligence of 
        the Department of Energy.''.

SEC. 304. COLLECTION TASKING AUTHORITY.

    Section 111 of the National Security Act of 1947 (50 U.S.C. 404f) 
is amended by striking ``(except as otherwise agreed by the Director 
and the Secretary of Defense)''.

SEC. 305. OVERSIGHT OF COMBAT SUPPORT AGENCIES OF THE INTELLIGENCE 
              COMMUNITY.

    (a) Oversight.--(1) Chapter 8 of title 10, United States Code, is 
amended by inserting after section 193 the following new section:
``Sec. 193a. Combat support agencies of the intelligence community: 
              oversight
    ``(a) Combat Readiness.--(1) Every two years (or sooner, if 
approved by the Director of Intelligence), the Chairman of the Joint 
Chiefs of Staff shall, in consultation with the Secretary of Defense, 
submit to the Director of Intelligence a report on the combat support 
agencies of the intelligence community. Each report shall include--
            ``(A) a determination with respect to the responsiveness 
        and readiness of each such agency to support operating forces 
        in the event of a war or threat to national security; and
            ``(B) any recommendations that the Chairman considers 
        appropriate.
    ``(2) In preparing each report, the Chairman shall review the plans 
of each combat support agency of the intelligence community with 
respect to its support of operating forces in the event of a war or 
threat to national security. After consultation with the Secretaries of 
the military departments and the commanders of the unified and 
specified combatant commands, as appropriate, the Chairman may, with 
the approval of the Secretary of Defense, provide the Director of 
Intelligence any recommendations for modifications of such plans that 
the Chairman considers appropriate.
    ``(b) Participation in Joint Training Exercises.--The Chairman 
shall, with the cooperation of the Director of Intelligence--
            ``(1) provide for the participation of the combat support 
        agencies of the intelligence community in joint training 
        exercises to the extent necessary to ensure that such agencies 
        are capable of performing their support missions with respect 
        to a war or threat to national security; and
            ``(2) assess the performance in joint training exercises of 
        each combat support agency of the intelligence community and, 
        in accordance with guidelines established by the Secretary of 
        Defense, take steps to provide the Director of Intelligence 
        recommendations for any change that the Chairman considers 
        appropriate to improve that performance.
    ``(c) Readiness Reporting System.--The Chairman shall develop, in 
consultation with the director of each combat support agency of the 
intelligence community, a uniform system for reporting to the Secretary 
of Defense, the commanders of the unified and specified combatant 
commands, and the Secretaries of the military departments concerning 
the readiness of each combat support agency of the intelligence 
community to perform with respect to a war or threat to national 
security.
    ``(d) Review of NSA, NGA, and NRO.--(1) Subsections (a), (b), and 
(c) shall apply to the National Security Agency, the National 
Geospatial-Intelligence Agency, and the National Reconnaissance Office, 
but only with respect to combat support functions that such agencies 
perform for the Department of Defense.
    ``(2) The Secretary of Defense shall, in coordination with the 
Director of Intelligence, establish policies and procedures with 
respect to the application of subsections (a), (b), and (c) to the 
National Security Agency, the National Geospatial-Intelligence Agency, 
and the National Reconnaissance Office.
    ``(e) Combat Support Capabilities of DIA, NSA, NGA, and NRO.--The 
Director of Intelligence shall develop and implement such policies and 
programs as the Director determines necessary to correct such 
deficiencies as the Chairman of the Joint Chiefs of Staff and other 
officials of the Department of Defense may identify in the capabilities 
of the Defense Intelligence Agency, the National Security Agency, the 
National Geospatial-Intelligence Agency, and the National 
Reconnaissance Office to accomplish assigned missions in support of 
military combat operations.
    ``(f) Combat Support Agency of the Intelligence Community 
Defined.--In this section, the term `combat support agency of the 
intelligence community' means any of the following agencies:
            ``(1) The National Security Agency.
            ``(2) The Defense Intelligence Agency.
            ``(3) The National Geospatial-Intelligence Agency.
            ``(4) The National Reconnaissance Office.''.
    (2) The table of sections at the beginning of subchapter I of 
chapter 8 of such title is amended by inserting after the item relating 
to section 193 the following new item:

``193a. Combat support agencies of the intelligence community: 
                            oversight.''.
    (b) Conforming Amendment.--Section 193(f) of such title is 
amended--
            (1) by striking paragraphs (2) and (4); and
            (2) by redesignating paragraphs (3) and (5) as paragraphs 
        (2) and (3), respectively.

SEC. 306. IMPROVEMENT OF INTELLIGENCE CAPABILITIES OF THE FEDERAL 
              BUREAU OF INVESTIGATION.

    (a) Findings.--Congress makes the following findings:
            (1) The National Commission on Terrorist Attacks Upon the 
        United States in its final report stated that the Federal 
        Bureau of Investigation, under the current Director of the 
        Federal Bureau of Investigation, has made significant progress 
        in improving its intelligence capabilities.
            (2) In the report, the members of the Commission also urged 
        that the Federal Bureau of Investigation fully institutionalize 
        the shift of the Bureau to a preventive counterterrorism 
        posture.
    (b) National Security Workforce.--(1) The Director of the Federal 
Bureau of Investigation shall continue efforts to develop and maintain 
within the Federal Bureau of Investigation a national security 
workforce.
    (2) In a developing and maintaining a national security workforce 
under paragraph (1), the Director of the Federal Bureau of 
Investigation shall, subject to the direction and control of the 
President, develop and maintain a specialized and integrated national 
security workforce who are recruited, trained, rewarded in a manner 
which ensures the existence within the Bureau of an institutional 
culture with substantial expertise in, and commitment to, the 
intelligence and national security missions of the Bureau.
    (3) Each agent employed by the Bureau after the date of the 
enactment of this Act shall receive basic training in both criminal 
justice matters and national security matters.
    (4) Each agent employed by the Bureau after the date of the 
enactment of this Act shall, to the maximum extent practicable, be 
given the opportunity to undergo, during such agent's early service 
with the Bureau, meaningful assignments in criminal justice matters and 
in national security matters.
    (5) The Director of the Federal Bureau of Investigation shall carry 
out a program to enhance the capacity of the Bureau to recruit and 
retain individuals with backgrounds in intelligence, international 
relations, language, technology, and other skills relevant to the 
intelligence and national security missions of the Bureau.
    (6) Commencing as soon as practicable after the date of the 
enactment of this Act, each senior manager of the Bureau shall be a 
certified intelligence officer.
    (7) It is the sense of Congress that the successful discharge of 
advanced training courses, and of one or more assignments to another 
element of the intelligence community, should be a precondition to 
advancement to higher level national security assignments within the 
Bureau.
    (c) Field Office Matters.--(1) The Director of the Federal Bureau 
of Investigation shall ensure that each field office of the Federal 
Bureau of Investigation has an official at the deputy level or higher 
with responsibility for national security matters.
    (2) The Director of the Federal Bureau of Investigation shall 
provide for such expansion of the secure facilities in the field 
offices of the Bureau as is necessary to ensure the discharge by the 
field offices of the intelligence and national security missions of the 
Bureau.
    (d) Reports.--(1) Not later than 180 days after the date of the 
enactment of this Act, the Director of the Federal Bureau of 
Investigation shall submit to Congress a report on the progress made as 
of the date of such report in carrying out the requirements of this 
section.
    (2) The Director of the Federal Bureau of Investigation shall 
include in each semiannual program review of the Bureau that is 
submitted to Congress a report on the progress made by each field 
office of the Bureau during the period covered by such review in 
addressing Bureau and national program priorities.
    (3) Not later than 180 days after the date of the enactment of this 
Act and every six months thereafter, the Director of the Federal Bureau 
of Investigation shall submit to Congress a report on the progress of 
the Bureau in implementing information-sharing principles.

     Subtitle B--Restatement of Authorities on National Geospatial-
                          Intelligence Agency

                            PART I--MISSIONS

SEC. 311. MISSIONS.

    (a) National Security Missions.--(1) The National Geospatial-
Intelligence Agency shall, in support of the national security 
objectives of the United States, provide geospatial intelligence 
consisting of the following:
            (A) Imagery.
            (B) Imagery intelligence.
            (C) Geospatial information.
    (2) Geospatial intelligence provided in carrying out paragraph (1) 
shall be timely, relevant, and accurate.
    (b) Navigation Information.--The National Geospatial-Intelligence 
Agency shall improve means of navigating vessels of the Navy and the 
merchant marine by providing, under the authority of the Director of 
Intelligence, accurate and inexpensive nautical charts, sailing 
directions, books on navigation, and manuals of instructions for the 
use of all vessels of the United States and of navigators generally.
    (c) Maps, Charts, etc.--The National Geospatial-Intelligence Agency 
shall prepare and distribute maps, charts, books, and geodetic products 
as authorized under part II of this subtitle.
    (d) National Missions.--The National Geospatial-Intelligence Agency 
also has national missions as specified in section 110(a) of the 
National Security Act of 1947 (50 U.S.C. 404e(a)).
    (e) Systems.--The National Geospatial-Intelligence Agency may, in 
furtherance of a mission of the Agency, design, develop, deploy, 
operate, and maintain systems related to the processing and 
dissemination of imagery intelligence and geospatial information that 
may be transferred to, accepted or used by, or used on behalf of--
            (1) the Armed Forces, including any combatant command, 
        component of a combatant command, joint task force, or tactical 
        unit; or
            (2) any other department or agency of the United States.

SEC. 312. SUPPORT FOR FOREIGN COUNTRIES ON IMAGERY INTELLIGENCE AND 
              GEOSPATIAL INFORMATION.

    (a) Use of Appropriated Funds.--The Director of the National 
Geospatial-Intelligence Agency may use appropriated funds available to 
the National Geospatial-Intelligence Agency to provide foreign 
countries with imagery intelligence and geospatial information support.
    (b) Use of Funds Other Than Appropriated Funds.--The Director of 
the National Geospatial-Intelligence Agency may use funds other than 
appropriated funds to provide foreign countries with imagery 
intelligence and geospatial information support, notwithstanding 
provisions of law relating to the expenditure of funds of the United 
States, except that--
            (1) no such funds may be expended, in whole or in part, by 
        or for the benefit of the National Geospatial-Intelligence 
        Agency for a purpose for which Congress had previously denied 
        funds;
            (2) proceeds from the sale of imagery intelligence or 
        geospatial information items may be used only to purchase 
        replacement items similar to the items that are sold; and
            (3) the authority provided by this subsection may not be 
        used to acquire items or services for the principal benefit of 
        the United States.
    (c) Accommodation Procurements.--The authority under this section 
may be exercised to conduct accommodation procurements on behalf of 
foreign countries.

              PART II--MAPS, CHARTS, AND GEODETIC PRODUCTS

SEC. 321. MAPS, CHARTS, AND BOOKS.

    The Director of Intelligence may--
            (1) have the National Geospatial-Intelligence Agency 
        prepare maps, charts, and nautical books required in navigation 
        and have those materials published and furnished to navigators; 
        and
            (2) buy the plates and copyrights of existing maps, charts, 
        books on navigation, and sailing directions and instructions.

SEC. 322. PILOT CHARTS.

    (a) Notice on Preparation by Agency.--There shall be conspicuously 
printed on pilot charts prepared in the National Geospatial-
Intelligence Agency the following: ``Prepared from data furnished by 
the National Geospatial-Intelligence Agency of the Department of 
Intelligence and by the Department of Commerce, and published at the 
National Geospatial-Intelligence Agency under the authority of the 
Director of Intelligence''.
    (b) Information from Department of Commerce.--The Secretary of 
Commerce shall furnish to the National Geospatial-Intelligence Agency, 
as quickly as possible, all meteorological information received by the 
Secretary of Commerce that is necessary for, and of the character used 
in, preparing pilot charts.

SEC. 323. SALE OF MAPS, CHARTS, AND NAVIGATIONAL PUBLICATIONS.

    (a) Prices.--All maps, charts, and other publications offered for 
sale by the National Geospatial-Intelligence Agency shall be sold at 
prices and under regulations that may be prescribed by the Director of 
Intelligence.
    (b) Use of Proceeds To Pay Foreign Licensing Fees.--(1) The 
Director of Intelligence may pay any NGA foreign data acquisition fee 
out of the proceeds of the sale of maps, charts, and other publications 
of the Agency, and those proceeds are hereby made available for that 
purpose.
    (2) In this subsection, the term ``NGA foreign data acquisition 
fee'' means any licensing or other fee imposed by a foreign country or 
international organization for the acquisition or use of data or 
products by the National Geospatial-Intelligence Agency.

SEC. 324. EXCHANGE OF MAPPING, CHARTING, AND GEODETIC DATA WITH FOREIGN 
              COUNTRIES AND INTERNATIONAL ORGANIZATIONS.

    The Director of Intelligence may authorize the National Geospatial-
Intelligence Agency to exchange or furnish mapping, charting, and 
geodetic data, supplies and services to a foreign country or 
international organization pursuant to an agreement for the production 
or exchange of such data.

SEC. 325. PUBLIC AVAILABILITY OF MAPS, CHARTS, AND GEODETIC DATA.

    (a) Sale of Maps and Charts.--The National Geospatial-Intelligence 
Agency shall offer for sale maps and charts at scales of 1:500,000 and 
smaller, except those withheld in accordance with subsection (b) or 
those specifically authorized under criteria established by Executive 
order to be kept secret in the interest of national defense or foreign 
policy and in fact properly classified pursuant to such Executive 
order.
    (b) Exception.--(1) Notwithstanding any other provision of law, the 
Director of Intelligence may withhold from public disclosure any 
geodetic product in the possession of, or under the control of, the 
Department of Intelligence--
            (A) that was obtained or produced, or that contains 
        information that was provided, pursuant to an international 
        agreement that restricts disclosure of such product or 
        information to government officials of the agreeing parties or 
        that restricts use of such product or information to Government 
        purposes only;
            (B) that contains information that the Director of 
        Intelligence has determined in writing would, if disclosed, 
        reveal sources and methods, or capabilities, used to obtain 
        source material for production of the geodetic product; or
            (C) that contains information that the Director of the 
        National Geospatial-Intelligence Agency has determined in 
        writing would, if disclosed, jeopardize or interfere with 
        ongoing military or intelligence operations, reveal military 
        operational or contingency plans, or reveal, jeopardize, or 
        compromise military or intelligence capabilities.
    (2) In this subsection, the term ``geodetic product'' means 
imagery, imagery intelligence, or geospatial information.
    (c) Regulations.--(1) Regulations to implement this section 
(including any amendments to such regulations) shall be published in 
the Federal Register for public comment for a period of not less than 
30 days before they take effect.
    (2) Regulations under this section shall address the conditions 
under which release of geodetic products authorized under subsection 
(b) to be withheld from public disclosure would be appropriate--
            (A) in the case of allies of the United States; and
            (B) in the case of qualified United States contractors 
        (including contractors that are small business concerns) who 
        need such products for use in the performance of contracts with 
        the United States.

SEC. 326. CIVIL ACTIONS BARRED.

    (a) Claims Barred.--No civil action may be brought against the 
United States on the basis of the content of a navigational aid 
prepared or disseminated by the National Geospatial-Intelligence 
Agency.
    (b) Navigational Aids Covered.--Subsection (a) applies with respect 
to a navigational aid in the form of a map, a chart, or a publication 
and any other form or medium of product or information in which the 
National Geospatial-Intelligence Agency prepares or disseminates 
navigational aids.

SEC. 327. TREATMENT OF CERTAIN OPERATIONAL FILES.

    (a) Authority.--The Director of Intelligence may withhold from 
public disclosure operational files described in subsection (b) to the 
same extent that operational files may be withheld under section 701 of 
the National Security Act of 1947 (50 U.S.C. 431).
    (b) Covered Operational Files.--The authority under subsection (a) 
applies to operational files in the possession of the National 
Geospatial-Intelligence Agency that--
            (1) as of September 22, 1996, were maintained by the 
        National Photographic Interpretation Center; or
            (2) concern the activities of the Agency that, as of such 
        date, were performed by the National Photographic 
        Interpretation Center.
    (c) Operational Files Defined.--In this section, the term 
``operational files'' has the meaning given that term in section 701(b) 
of the National Security Act of 1947 (50 U.S.C. 431(b)).

                     PART III--PERSONNEL MANAGEMENT

SEC. 331. MANAGEMENT RIGHTS.

    (a) Scope.--If there is no obligation under the provisions of 
chapter 71 of title 5, United States Code, for the head of an agency of 
the United States to consult or negotiate with a labor organization on 
a particular matter by reason of that matter being covered by a 
provision of law or a Governmentwide regulation, the Director of the 
National Geospatial-Intelligence Agency is not obligated to consult or 
negotiate with a labor organization on that matter even if that 
provision of law or regulation is inapplicable to the National 
Geospatial-Intelligence Agency.
    (b) Bargaining Units.--The Director of the National Geospatial-
Intelligence Agency shall accord exclusive recognition to a labor 
organization under section 7111 of title 5, United States Code, only 
for a bargaining unit that was recognized as appropriate for the 
Defense Mapping Agency on September 30, 1996.
    (c) Termination of Bargaining Unit Coverage of Position Modified To 
Affect National Security Directly.--(1) If the Director of the National 
Geospatial-Intelligence Agency determines that the responsibilities of 
a position within a collective bargaining unit should be modified to 
include intelligence, counterintelligence, investigative, or security 
duties not previously assigned to that position and that the 
performance of the newly assigned duties directly affects the national 
security of the United States, then, upon such a modification of the 
responsibilities of that position, the position shall cease to be 
covered by the collective bargaining unit and the employee in that 
position shall cease to be entitled to representation by a labor 
organization accorded exclusive recognition for that collective 
bargaining unit.
    (2) A determination described in paragraph (1) that is made by the 
Director of the National Geospatial-Intelligence Agency may not be 
reviewed by the Federal Labor Relations Authority or any court of the 
United States.

SEC. 332. FINANCIAL ASSISTANCE TO CERTAIN EMPLOYEES IN ACQUISITION OF 
              CRITICAL SKILLS.

    The Director of Intelligence may establish an undergraduate 
training program with respect to civilian employees of the National 
Geospatial-Intelligence Agency that is similar in purpose, conditions, 
content, and administration to the program established by the Secretary 
of Defense under section 16 of the National Security Agency Act of 1959 
(50 U.S.C. 402 note) for civilian employees of the National Security 
Agency.

                          PART IV--DEFINITIONS

SEC. 341. DEFINITIONS.

    In this subtitle:
            (1) Imagery.--(A) The term ``imagery'' means, except as 
        provided in subparagraph (B), a likeness or presentation of any 
        natural or manmade feature or related object or activity and 
        the positional data acquired at the same time the likeness or 
        representation was acquired, including--
                    (i) products produced by space-based national 
                intelligence reconnaissance systems; and
                    (ii) likenesses or presentations produced by 
                satellites, airborne platforms, unmanned aerial 
                vehicles, or other similar means.
            (B) Such term does not include handheld or clandestine 
        photography taken by or on behalf of human intelligence 
        collection organizations.
            (2) Imagery intelligence.--The term ``imagery 
        intelligence'' means the technical, geographic, and 
        intelligence information derived through the interpretation or 
        analysis of imagery and collateral materials.
            (3) Geospatial information.--The term ``geospatial 
        information'' means information that identifies the geographic 
        location and characteristics of natural or constructed features 
        and boundaries on the earth and includes--
                    (A) statistical data and information derived from, 
                among other things, remote sensing, mapping, and 
                surveying technologies; and
                    (B) mapping, charting, geodetic data, and related 
                products.
            (4) Geospatial intelligence.--The term ``geospatial 
        intelligence'' means the exploitation and analysis of imagery 
        and geospatial information to describe, assess, and visually 
        depict physical features and geographically referenced 
        activities on the earth. Geospatial intelligence consists of 
        imagery, imagery intelligence, and geospatial information.

                      TITLE IV--TRANSITION MATTERS

  Subtitle A--Modification of Authorities on Elements of Intelligence 
                               Community

SEC. 401. CONFORMING MODIFICATION OF AUTHORITIES ON CENTRAL 
              INTELLIGENCE AGENCY.

    (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:

                     ``central intelligence agency

    ``Sec. 102. (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 103.

             ``director of the central intelligence agency

    ``Sec. 103. (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 
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 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 Intelligence determines can be more 
        efficiently accomplished by the Agency;
            ``(4) notwithstanding any other provision of law, report 
        directly to the Director of Intelligence concerning all 
        functions and duties of the Agency; and
            ``(5) perform such other functions and duties concerning 
        intelligence related to the national security as the Director 
        of Intelligence shall prescribe.''.
    (b) Clerical Amendment.--The table of contents for such Act is 
amended by striking the items relating to sections 102 through 104 and 
inserting the following new items:

``Sec. 102. Central Intelligence Agency.
``Sec. 103. Director of the Central Intelligence Agency.''.

SEC. 402. OTHER CONFORMING MODIFICATIONS OF LAW RELATING TO MISSIONS, 
              RESPONSIBILITIES, AND AUTHORITIES OF DIRECTOR OF 
              INTELLIGENCE AND DIRECTOR OF CENTRAL INTELLIGENCE AGENCY.

    (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 Intelligence'' each 
place it appears in the following provisions:
            (A) Section 3(4)(J) (50 U.S.C. 401a(4)(J)).
            (B) Section 3(5)(B) (50 U.S.C. 401a(5)(B)).
            (C) Section 3(6) (50 U.S.C. 401a(6)).
            (D) Section 101(h)(2)(A) (50 U.S.C. 402(h)(2)(A)).
            (E) Section 101(h)(5) (50 U.S.C. 402(h)(5)).
            (F) Section 101(i)(2)(A) (50 U.S.C. 402(i)(2)(A)).
            (G) Section 101(j) (50 U.S.C. 402(j)), both places it 
        appears.
            (H) Section 105(a) (50 U.S.C. 403-5(a)).
            (I) Section 105(a)(2) (50 U.S.C. 403-5(a)(2)).
            (J) Section 105(b)(6)(A) (50 U.S.C. 403-5(b)(6)(A)).
            (K) Section 105(d) (50 U.S.C. 403-5(d)).
            (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 110(b) (50 U.S.C. 404e(b)).
            (P) Section 110(c) (50 U.S.C. 404e(c)).
            (Q) Section 111 (50 U.S.C. 404f).
            (R) Section 112(a)(1) (50 U.S.C. 404g(a)(1)).
            (S) Section 112(d)(1) (50 U.S.C. 404g(d)(1)).
            (T) Section 113(b)(2)(A) (50 U.S.C. 404h(b)(2)(A)).
            (U) Section 113(c) (50 U.S.C. 404h(c)).
            (V) Section 114(a)(1) (50 U.S.C. 404i(a)(1)).
            (W) Section 114(b)(1) (50 U.S.C. 404i(b)(1)).
            (X) Section 115(a)(1) (50 U.S.C. 404j(a)(1)).
            (Y) Section 115(b) (50 U.S.C. 404j(b)).
            (Z) Section 115(c)(1)(B) (50 U.S.C. 404j(c)(1)(B)).
            (AA) Section 116(a) (50 U.S.C. 404k(a)).
            (BB) Section 116(b) (50 U.S.C. 404k(b)).
            (CC) Section 117(a)(1) (50 U.S.C. 404l(a)(1)).
            (DD) Section 303(a) (50 U.S.C. 405(a)), both places it 
        appears.
            (EE) Section 501(d) (50 U.S.C. 413(d)).
            (FF) Section 502(a) (50 U.S.C. 413a(a)).
            (GG) Section 502(c) (50 U.S.C. 413a(c)).
            (HH) Section 503(b) (50 U.S.C. 413b(b)).
            (II) Section 504(d)(2) (50 U.S.C. 414(d)(2)).
            (JJ) Section 603(a) (50 U.S.C. 423(a)).
            (KK) Section 702(a)(6)(B)(viii) (50 U.S.C. 
        432(a)(6)(B)(viii)).
            (LL) Section 702(b) (50 U.S.C. 432(b)), both places it 
        appears.
    (2) That Act 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 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 Intelligence, or the 
Office of the Director of the Central Intelligence Agency''.
    (4)(A) 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 intelligence''.

    (B) The table of contents for that Act is further amended by 
striking the item relating to section 114 and inserting the following 
new item:

``Sec. 114. Additional annual reports from the Director of 
                            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 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) Section 17(f) of that Act (50 U.S.C. 403q(f)) is amended--
            (A) by striking ``Director of Central Intelligence'' the 
        first place it appears and inserting ``Director of 
        Intelligence''; and
            (B) by striking ``Director of Central Intelligence'' the 
        second place it appears and inserting ``Director of 
        Intelligence''.
    (4) 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 21(h)(1) (50 U.S.C. 403u(h)(1)).
            (E) Section 21(h)(2) (50 U.S.C. 403u(h)(2)).
    (5) 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 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 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) 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 Intelligence''.
    (f) 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 Intelligence''.

SEC. 403. CONFORMING MODIFICATION OF AUTHORITIES ON CERTAIN CENTRAL 
              INTELLIGENCE AGENCY OFFICERS.

    (a) 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 Department of Intelligence''.
    (b) Other Officers.--(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 Administrator of the National 
        Counterterrorism Center for Operations''; and
            (B) in the heading, by striking ``Associate Director of 
        Central Intelligence for Military Support'' and inserting 
        ``Assistant Deputy Administrator of the National 
        Counterterrorism Center 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 Administration of the National 
Counterterrorism Center for Operations''.

SEC. 404. CONFORMING MODIFICATION OF AUTHORITIES ON NATIONAL SECURITY 
              AGENCY.

    The National Security Agency Act of 1959 (50 U.S.C. 402 note) is 
amended--
            (1) by inserting before section 5 the following new 
        sections:
    ``Sec. 2. (a) The National Security Agency is an element of the 
Department of Intelligence.
    ``(b) The National Security Agency is an element of the 
intelligence community under the National Security Act of 1947 (50 
U.S.C. 401 et seq.).
    ``Sec. 3. (a) The Director of the National Security Agency is the 
head of the National Security Agency.
    ``(b) The Director of the National Security Agency is subject to 
the direction and control of the Director of Intelligence.
    ``(c) The Director of the National Security Agency shall report 
directly to the Director of Intelligence on matters relating to the 
National Security Agency.'';
            (2) by striking ``Secretary of Defense'' each place it 
        appears (other than the second place it appears in section 
        9(b), section 9(d), and section 10(c)(1)) and inserting 
        ``Director of Intelligence''; and
            (3) in section 9(d), by striking ``Secretary of Defense 
        shall'' and inserting ``Director of Intelligence and the 
        Secretary of Defense shall jointly''.

SEC. 405. INCLUSION OF DEPARTMENT OF INTELLIGENCE IN INTELLIGENCE 
              COMMUNITY.

    Subparagraph (A) of section 3(4) of the National Security Act of 
1947 (50 U.S.C. 401a(4)) is amended to read as follows:
                    ``(A) the Department of Intelligence, which shall 
                include the Office of the Director of Intelligence, the 
                National Intelligence Council, and such other offices 
                as the Director of Intelligence may designate;''.

SEC. 406. REPEAL OF SUPERSEDED AUTHORITIES ON NATIONAL GEOSPATIAL-
              INTELLIGENCE AGENCY.

    (a) Repeal.--Chapter 22 of title 10, United States Code, is 
repealed.
    (b) Conforming Amendments.--The table of chapters at the beginning 
of subtitle A, and part I of subtitle A, of such title are each amended 
by striking the item relating to chapter 22.

SEC. 407. OTHER CONFORMING AMENDMENT.

    Section 110(a) of the National Security Act of 1947 is amended by 
striking ``section 442 of title 10, United States Code,'' and inserting 
``section 232 of the Intelligence Reformation Act of 2004''.

     Subtitle B--Other Transition Matters Relating to Intelligence

SEC. 411. PRESERVATION OF INTELLIGENCE CAPABILITIES.

    The Director of Intelligence, the Director of the Central 
Intelligence Agency, the Attorney General, the Secretary of Defense, 
and the heads of other appropriate departments and agencies of the 
United States Government shall jointly take such actions as are 
appropriate to preserve the intelligence capabilities of the United 
States during the transfer of agencies, offices, and functions to the 
Department under this Act.

SEC. 412. GENERAL REFERENCES TO INTELLIGENCE OFFICIALS.

    (a) Director of Central Intelligence as Head of Intelligence 
Community.--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 
Intelligence.
    (b) Director of Central Intelligence as Head of Central 
Intelligence Agency.--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.
    (c) Deputy Director of Central Intelligence as Deputy to Head of 
Intelligence Community.--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 Intelligence.

                    Subtitle C--Transfer of Elements

SEC. 421. TRANSFER OF TERRORIST THREAT INTEGRATION CENTER.

    (a) Transfer.--The Director of the Central Intelligence Agency 
shall transfer to the Director of Intelligence administrative 
jurisdiction and control of the Terrorist Threat Integration Center 
(TTIC).
    (b) Administration.--The Director of Intelligence shall administer 
the Terrorist Threat Integration Center as a component of the National 
Counterterrorism Center under section 113.

SEC. 422. TRANSFER OF COMMUNITY MANAGEMENT STAFF.

    (a) Transfer.--The Director of the Central Intelligence Agency 
shall transfer to the Director of Intelligence administrative 
jurisdiction and control of the Community Management Staff.
    (b) Administration.--The Director of Intelligence shall administer 
the Community Management Staff as a component of the Office of the 
Director of Intelligence under section 111.

SEC. 423. TRANSFER OF CERTAIN ELEMENTS OF FEDERAL BUREAU OF 
              INVESTIGATION.

    (a) Transfer.--The Director of the Federal Bureau of Investigation 
shall transfer to the Director Intelligence administrative jurisdiction 
and control of the elements of the Federal Bureau of Investigation as 
follows:
            (1) The Office of Intelligence.
            (2) The Counterterrorism Division personnel under the 
        National Foreign Intelligence Program.
            (3) The Counterintelligence Division personnel under the 
        National Foreign Intelligence Program.
    (b) Administration.--The Director of Intelligence shall administer 
each element transferred to the Director under subsection (a) as an 
element of the Department under subtitle E of title II.

                   Subtitle D--Transfer of Functions

SEC. 431. TRANSFER OF FUNCTIONS.

    In accordance with the provisions of this subtitle, there shall be 
transferred to the Director of Intelligence the functions, personnel, 
assets, and liabilities of each of the following:
            (1) The Central Intelligence Agency.
            (2) The National Security Agency.
            (3) The National Geospatial-Intelligence Agency.
            (4) The National Reconnaissance Office.
            (5) The Office of Intelligence.
            (6) The elements of the Counterterrorism Division of the 
        Federal Bureau of Investigation specified in section 241(b).
            (7) The elements of the Counterintelligence Division of the 
        Federal Bureau of Investigation specified in section 241(b).
            (8) The Terrorist Threat Integration Center.
            (9) The Community Management Staff.

SEC. 432. TRANSITIONAL AUTHORITIES.

    (a) Provision of Assistance by Officials.--Until the transfer of an 
agency or office to the Department under this Act, any official having 
authority over or functions relating to the agency or office 
immediately before the date of the enactment of this Act shall provide 
to the Director such assistance, including the use of personnel and 
assets, as the Director may request in preparing for the transfer and 
integration of the agency or office into the Department.
    (b) Services and Personnel.--Upon the request of the Director, the 
head of any department or agency of the United States may, on a 
reimbursable basis, provide services or detail personnel to assist with 
the transition of an agency or office to the Department under this Act.
    (c) Transfer of Personnel, Assets, Obligations, and Functions.--
Upon the transfer of an agency or office to the Department under this 
Act--
            (1) the personnel, assets, and obligations held by or 
        available in connection with the agency or office shall be 
        transferred to the Director of Intelligence for appropriate 
        allocation, subject to the approval of the Director of the 
        Office of Management and Budget and in accordance with the 
        provisions of section 1531(a)(2) of title 31, United States 
        Code; and
            (2) the Director of Intelligence shall have all functions 
        relating to the agency or office that any other official could 
        by law exercise in relation to the agency immediately before 
        such transfer, and shall have in addition all functions vested 
        in the Director by this Act or other law.

SEC. 433. SAVINGS PROVISIONS.

    (a) Completed Administrative Actions.--(1) Completed administrative 
actions of an agency or office shall not be affected by the enactment 
of this Act or the transfer of such agency or office to the Department, 
but shall continue in effect according to their terms until amended, 
modified, superseded, terminated, set aside, or revoked in accordance 
with law by an officer of the United States or a court of competent 
jurisdiction, or by operation of law.
    (2) For purposes of paragraph (1), the term ``completed 
administrative action'' includes orders, determinations, rules, 
regulations, personnel actions, permits, agreements, grants, contracts, 
certificates, licenses, registrations, and privileges.
    (b) Pending Proceedings.--Subject to the authority of the 
Director--
            (1) pending proceedings in an agency or office, including 
        notices of proposed rulemaking, and applications for licenses, 
        permits, certificates, grants, and financial assistance, shall 
        continue notwithstanding the enactment of this Act or the 
        transfer of the agency or office to the Department, unless 
        discontinued or modified under the same terms and conditions 
        and to the same extent that such discontinuance could have 
        occurred if such enactment or transfer had not occurred; and
            (2) orders issued in such proceedings, and appeals 
        therefrom, and payments made pursuant to such orders, shall 
        issue in the same manner and on the same terms as if this Act 
        had not been enacted or the agency or office had not been 
        transferred, and any such orders shall continue in effect until 
        amended, modified, superseded, terminated, set aside, or 
        revoked by an officer of the United States or a court of 
        competent jurisdiction, or by operation of law.
    (c) Pending Civil Actions.--Subject to the authority of the 
Director, pending civil actions shall continue notwithstanding the 
enactment of this Act or the transfer of an agency or office to the 
Department, and in such civil actions, proceedings shall be had, 
appeals taken, and judgments rendered and enforced in the same manner 
and with the same effect as if such enactment or transfer had not 
occurred.
    (d) References.--References relating to an agency or office that is 
transferred to the Department in statutes, Executive orders, rules, 
regulations, directives, or delegations of authority that precede such 
transfer or the date of the enactment of this Act shall be deemed to 
refer, as appropriate, to the Department, to its officers, employees, 
or agents, or to its corresponding organizational units or functions. 
Statutory reporting requirements that applied in relation to such an 
agency or office immediately before the date of the enactment of this 
Act shall continue to apply following such transfer if they refer to 
the agency or office by name.
    (e) Employment Provisions.--(1) Notwithstanding the generality of 
the foregoing (including subsections (a) and (d)), in and for the 
Department the Director of Intelligence may, in regulations prescribed 
jointly with the Director of the Office of Personnel Management, adopt 
the rules, procedures, terms, and conditions, established by statute, 
rule, or regulation before the date of the enactment of this Act, 
relating to employment in any agency or office transferred to the 
Department pursuant to this Act; and
    (2) except as otherwise provided in this Act, or under authority 
granted by this Act, the transfer pursuant to this Act of personnel 
shall not alter the terms and conditions of employment, including 
compensation, of any employee so transferred.
    (f) Statutory Reporting Requirements.--Any statutory reporting 
requirement that applied to an agency or office transferred to the 
Department under this Act, immediately before the date of the enactment 
of this Act shall continue to apply following that transfer if the 
statutory requirement refers to the agency or office by name.

                       Subtitle E--Other Matters

SEC. 441. TREATMENT OF DEPARTMENT OF INTELLIGENCE AS EXECUTIVE 
              DEPARTMENT.

    Section 101 of title 5, United States Code, is amended by adding at 
the end the following:
            ``The Department of Intelligence.''.

SEC. 442. 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 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 items:
            ``Director of Central Intelligence Agency.
            ``Administrator of the National Counterterrorism Center.''.
    (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 Director of Intelligence.''.
    (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, Department of Intelligence.'';
            (3) by inserting after the item relating to the General 
        Counsel of the Central Intelligence Agency the following new 
        item:
            ``General Counsel of the Department of Intelligence.''; and
            (4) by adding at the end the following new items:
            ``Assistant Directors of Intelligence (2).
            ``Deputy Administrators of the National Counterterrorism 
        Center (2).''.
                                 <all>