[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2840 Placed on Calendar Senate (PCS)]



                                                       Calendar No. 712
108th CONGRESS
  2d Session
                                S. 2840

     To reform the intelligence community and the intelligence and 
 intelligence-related activities of the United States Government, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 23, 2004

 Ms. Collins from the Committee on Governmental Affairs, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL


 
     To reform the intelligence community and the intelligence and 
 intelligence-related activities of the United States Government, 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 ``National 
Intelligence Reform Act of 2004''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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

              Subtitle A--National Intelligence Authority

Sec. 101. National Intelligence Authority.
Sec. 102. National Intelligence Director.
 Subtitle B--Responsibilities and Authorities of National Intelligence 
                                Director

Sec. 111. Provision of national intelligence.
Sec. 112. Responsibilities of National Intelligence Director.
Sec. 113. Authorities of National Intelligence Director.
Sec. 114. Enhanced personnel management.
Sec. 115. Security clearances.
Sec. 116. National Intelligence Reserve Corps.
Sec. 117. Appointment and termination of certain officials responsible 
                            for intelligence-related activities.
Sec. 118. Reserve for Contingencies of the National Intelligence 
                            Director.
        Subtitle C--Office of the National Intelligence Director

Sec. 121. Office of the National Intelligence Director.
Sec. 122. Deputy national intelligence directors.
Sec. 123. National Intelligence Council.
Sec. 124. General Counsel of the National Intelligence Authority.
Sec. 125. Intelligence Comptroller.
Sec. 126. Officer for Civil Rights and Civil Liberties of the National 
                            Intelligence Authority.
Sec. 127. Privacy Officer of the National Intelligence Authority.
Sec. 128. Chief Information Officer of the National Intelligence 
                            Authority.
Sec. 129. Chief Human Capital Officer of the National Intelligence 
                            Authority.
Sec. 130. Chief Financial Officer of the National Intelligence 
                            Authority.
Sec. 131. National Counterintelligence Executive.
   Subtitle D--Additional Elements of National Intelligence Authority

Sec. 141. Inspector General of the National Intelligence Authority.
Sec. 142. Ombudsman of the National Intelligence Authority.
Sec. 143. National Counterterrorism Center.
Sec. 144. National intelligence centers.
 Subtitle E--Education and Training of Intelligence Community Personnel

Sec. 151. Framework for cross-disciplinary education and training.
Sec. 152. Intelligence Community Scholarship Program.
 Subtitle F--Additional Authorities of National Intelligence Authority

Sec. 161. Use of appropriated funds.
Sec. 162. Acquisition and fiscal authorities.
Sec. 163. Personnel matters.
Sec. 164. Ethics matters.
        TITLE II--OTHER IMPROVEMENTS OF INTELLIGENCE ACTIVITIES

          Subtitle A--Improvements of Intelligence Activities

Sec. 201. Availability to public of certain intelligence funding 
                            information.
Sec. 202. Merger of Homeland Security Council into National Security 
                            Council.
Sec. 203. Joint Intelligence Community Council.
Sec. 204. Improvement of intelligence capabilities of the Federal 
                            Bureau of Investigation.
Sec. 205. Federal Bureau of Investigation Intelligence Career Service.
Sec. 206. Information sharing.
                Subtitle B--Privacy and Civil Liberties

Sec. 211. Privacy and Civil Liberties Oversight Board.
Sec. 212. Privacy and civil liberties officers.
           Subtitle C--Independence of Intelligence Agencies

Sec. 221. Independence of National Intelligence Director.
Sec. 222. Independence of intelligence.
Sec. 223. Independence of National Counterterrorism Center.
Sec. 224. Access of congressional committees to national intelligence.
Sec. 225. Communications with Congress.
  TITLE III--MODIFICATIONS OF LAWS RELATING TO INTELLIGENCE COMMUNITY 
                               MANAGEMENT

              Subtitle A--Conforming and Other Amendments

Sec. 301. Restatement and modification of basic authority on the 
                            Central Intelligence Agency.
Sec. 302. Conforming amendments relating to roles of National 
                            Intelligence Director and Director of the 
                            Central Intelligence Agency.
Sec. 303. Other conforming amendments
Sec. 304. Modifications of foreign intelligence and counterintelligence 
                            under National Security Act of 1947.
Sec. 305. Elements of intelligence community under National Security 
                            Act of 1947.
Sec. 306. Redesignation of National Foreign Intelligence Program as 
                            National Intelligence Program.
Sec. 307. Conforming amendment on coordination of budgets of elements 
                            of the intelligence community within the 
                            Department of Defense.
Sec. 308. Repeal of superseded authorities.
Sec. 309. Clerical amendments to National Security Act of 1947.
Sec. 310. Modification of authorities relating to National 
                            Counterintelligence Executive.
Sec. 311. Conforming amendment to Inspector General Act of 1978.
Sec. 312. Conforming amendment relating to Chief Financial Officer of 
                            the National Intelligence Authority.
                 Subtitle B--Transfers and Terminations

Sec. 321. Transfer of Office of Deputy Director of Central Intelligence 
                            for Community Management.
Sec. 322. Transfer of National Counterterrorism Executive.
Sec. 323. Transfer of Terrorist Threat Integration Center.
Sec. 324. Termination of certain positions within the Central 
                            Intelligence Agency.
                  Subtitle C--Other Transition Matters

Sec. 331. Executive Schedule matters.
Sec. 332. Preservation of intelligence capabilities.
Sec. 333. Reorganization.
Sec. 334. National Intelligence Director report on implementation of 
                            intelligence community reform.
Sec. 335. Comptroller General reports on implementation of intelligence 
                            community reform.
Sec. 336. General references.
                       Subtitle D--Effective Date

Sec. 341. Effective date.
                       Subtitle E--Other Matters

Sec. 351. Severability.
Sec. 352. Authorization of appropriations.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) The term ``intelligence'' includes foreign intelligence 
        and counterintelligence.
            (2) The term ``foreign intelligence'' means information 
        relating to the capabilities, intentions, or activities of 
        foreign governments or elements thereof, foreign organizations, 
        foreign persons, or international terrorists.
            (3) 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, foreign persons, or 
        international terrorists.
            (4) The term ``intelligence community'' includes the 
        following:
                    (A) The National Intelligence Authority.
                    (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, the 
                Navy, the Air Force, the Marine Corps, the Federal 
                Bureau of Investigation, and the Department of Energy.
                    (I) The Bureau of Intelligence and Research of the 
                Department of State.
                    (J) The Office of Intelligence and Analysis of the 
                Department of the Treasury.
                    (K) The elements of the Department of Homeland 
                Security concerned with the analysis of intelligence 
                information, including the Office of Intelligence of 
                the Coast Guard.
                    (L) Such other elements of any department or agency 
                as may be designated by the President, or designated 
                jointly by the National Intelligence Director and the 
                head of the department or agency concerned, as an 
                element of the intelligence community.
            (5) The terms ``national intelligence'' and ``intelligence 
        related to the national security''--
                    (A) each 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 National Intelligence 
                Director and the Attorney General, or otherwise as 
                expressly provided for in this title.
            (6) The term ``National Intelligence Program''--
                    (A)(i) refers to all national intelligence 
                programs, projects, and activities of the elements of 
                the intelligence community;
                    (ii) includes all programs, projects, and 
                activities (whether or not pertaining to national 
                intelligence) of the National Intelligence Authority, 
                the Central Intelligence Agency, the National Security 
                Agency, the National Geospatial-Intelligence Agency, 
                the National Reconnaissance Office, the Office of 
                Intelligence of the Federal Bureau of Investigation, 
                and the Office of Information Analysis of the 
                Department of Homeland Security; and
                    (iii) includes any other program, project, or 
                activity of a department, agency, or element of the 
                United States Government relating to national 
                intelligence unless the National Intelligence Director 
                and the head of the department, agency, or element 
                concerned determine otherwise; but
                    (B) except as provided in subparagraph (A)(ii), 
                does not refer to any program, project, or activity of 
                the military departments, including any program, 
                project, or activity of the Defense Intelligence Agency 
                that is not part of the National Foreign Intelligence 
                Program as of the date of the enactment of this Act, to 
                acquire intelligence principally for the planning and 
                conduct of joint or tactical military operations by the 
                United States Armed Forces.
            (7) 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.

                TITLE I--NATIONAL INTELLIGENCE AUTHORITY

              Subtitle A--National Intelligence Authority

SEC. 101. NATIONAL INTELLIGENCE AUTHORITY.

    (a) Independent Establishment.--There is hereby established as an 
independent establishment in the executive branch of government the 
National Intelligence Authority.
    (b) Composition.--The National Intelligence Authority is composed 
of the following:
            (1) The Office of the National Intelligence Director.
            (2) The elements specified in subtitle D.
            (3) Such other elements, offices, agencies, and activities 
        as may be established by law or by the President or the 
        National Intelligence Director.
    (c) Primary Missions.--The primary missions of the National 
Intelligence Authority are as follows:
            (1) To unify and strengthen the efforts of the intelligence 
        community of the United States Government.
            (2) To ensure the organization of the efforts of the 
        intelligence community of the United States Government in a 
        joint manner relating to intelligence missions rather than 
        through intelligence collection disciplines.
            (3) To provide for the operation of the National 
        Counterterrorism Center and national intelligence centers under 
        subtitle D.
            (4) To eliminate barriers that impede coordination of the 
        counterterrorism activities of the United States Government 
        between foreign intelligence activities located abroad and 
        foreign intelligence activities located domestically while 
        ensuring the protection of civil liberties.
            (5) To establish clear responsibility and accountability 
        for counterterrorism and other intelligence matters relating to 
        the national security of the United States.
    (d) Seal.--The National Intelligence Director shall have a seal for 
the National Intelligence Authority. The design of the seal is subject 
to the approval of the President. Judicial notice shall be taken of the 
seal.

SEC. 102. NATIONAL INTELLIGENCE DIRECTOR.

    (a) National Intelligence Director.--There is a National 
Intelligence Director 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 National Intelligence Director shall have extensive 
national security expertise.
    (c) Prohibition on Simultaneous Service in Other Capacity in 
Intelligence Community.--The individual serving as National 
Intelligence Director may not, while so serving, serve in any capacity 
in any other element of the intelligence community, except to the 
extent that the individual serving as National Intelligence Director 
does so in an acting capacity.
    (d) Principal Duties and Responsibilities.--The National 
Intelligence 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;
            (3) serve as the head of the National Intelligence 
        Authority; and
            (4) direct and oversee the National Intelligence Program.
    (e) General Responsibilities and Authorities.--In carrying out the 
duties and responsibilities set forth in subsection (c), the National 
Intelligence Director shall have the responsibilities set forth in 
section 112 and the authorities set forth in section 113 and other 
applicable provisions of law.

 Subtitle B--Responsibilities and Authorities of National Intelligence 
                                Director

SEC. 111. PROVISION OF NATIONAL INTELLIGENCE.

    (a) In General.--The National Intelligence 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;
            (4) to the Senate and House of Representatives and the 
        committees thereof; and
            (5) to such other persons or entities as the President 
        shall direct.
    (b) National Intelligence.--Such national intelligence shall be 
timely, objective, independent of political considerations, and based 
upon all sources available to the intelligence community.

SEC. 112. RESPONSIBILITIES OF NATIONAL INTELLIGENCE DIRECTOR.

    (a) In General.--The National Intelligence Director shall--
            (1) determine the annual budget for the intelligence and 
        intelligence-related activities of the United States by--
                    (A) providing to the heads of the departments 
                containing agencies or elements within the intelligence 
                community and that have one or more programs, projects, 
                or activities within the National Intelligence program, 
                and to the heads of such agencies and elements, 
                guidance for development the National Intelligence 
                Program budget pertaining to such agencies or elements;
                    (B) developing and presenting to the President an 
                annual budget for the National Intelligence Program 
                after consultation with the heads of agencies or 
                elements, and the heads of their respective 
                departments, under subparagraph (A);
                    (C) providing budget guidance to each element of 
                the intelligence community that does not have one or 
                more program, project, or activity within the National 
                Intelligence Program regarding the intelligence and 
                intelligence-related activities of such element; and
                    (D) participating in the development by the 
                Secretary of Defense of the annual budgets for the 
                military intelligence programs, projects, and 
                activities not included in the National Intelligence 
                Program;
            (2) manage and oversee the National Intelligence Program, 
        including--
                    (A) the execution of funds within the National 
                Intelligence Program;
                    (B) the reprogramming of funds appropriated or 
                otherwise made available to the National Intelligence 
                Program; and
                    (C) the transfer of funds and personnel under the 
                National Intelligence Program;
            (3) establish the requirements and priorities to govern the 
        collection, analysis, and dissemination of national 
        intelligence by elements of the intelligence community;
            (4) establish collection and analysis requirements for the 
        intelligence community, determine collection and analysis 
        priorities, issue and manage collection and analysis tasking, 
        and resolve conflicts in the tasking of elements of the 
        intelligence community within the National Intelligence 
        Program, except as otherwise agreed with the Secretary of 
        Defense pursuant to the direction of the President;
            (5) provide advisory tasking on the collection of 
        intelligence to elements of the United States Government having 
        information collection capabilities that are not elements of 
        the intelligence community;
            (6) manage and oversee the National Counterterrorism Center 
        under section 143, and establish, manage, and oversee national 
        intelligence centers under section 144;
            (7) 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;
            (8) develop and implement, in consultation with the heads 
        of other agencies or elements of the intelligence community, 
        and the heads of their respective departments, personnel 
        policies and programs applicable to the intelligence community 
        that--
                    (A) encourage and facilitate assignments and 
                details of personnel to the National Counterterrorism 
                Center under section 143, to national intelligence 
                centers under section 144, and between elements of the 
                intelligence community;
                    (B) set standards for education, training, and 
                career development of personnel of the intelligence 
                community;
                    (C) encourage and facilitate the recruitment and 
                retention by the intelligence community of highly 
                qualified individuals for the effective conduct of 
                intelligence activities;
                    (D) ensure that the personnel of the intelligence 
                community is sufficiently diverse for purposes of the 
                collection and analysis of intelligence through the 
                recruitment and training of women, minorities, and 
                individuals with diverse ethnic, cultural, and 
                linguistic backgrounds;
                    (E) make service in more than one element of the 
                intelligence community a condition of promotion to such 
                positions within the intelligence community as the 
                Director shall specify;
                    (F) ensure the effective management of intelligence 
                community personnel who are responsible for 
                intelligence community-wide matters;
                    (G) provide for the effective management of human 
                capital within the intelligence community, including--
                            (i) the alignment of human resource 
                        policies and programs of the elements of the 
                        intelligence community with the missions, 
                        goals, and organizational objectives of such 
                        elements and of the intelligence community 
                        overall;
                            (ii) the assessment of workforce 
                        characteristics and future needs and the 
                        establishment of workforce development 
                        strategies to meet those needs based on 
                        relevant organizational missions and strategic 
                        plans;
                            (iii) the sustainment of a culture that 
                        encourages and allows for the development of a 
                        high performing workforce; and
                            (iv) the alignment of expectations for 
                        personnel performance with relevant 
                        organizational missions and strategic plans;
                    (H) are consistent with the public employment 
                principles of merit and fitness set forth under section 
                2301 of title 5, United States Code; and
                    (I) include the enhancements required under section 
                114;
            (9) promote and evaluate the utility of national 
        intelligence to consumers within the United States Government;
            (10) ensure that appropriate officials of the United States 
        Government and other appropriate individuals have access to a 
        variety of intelligence assessments and analytical views;
            (11) protect intelligence sources and methods from 
        unauthorized disclosure;
            (12) establish requirements and procedures for the 
        classification of intelligence information and for access to 
        classified intelligence information;
            (13) establish requirements and procedures for the 
        dissemination of classified information by elements of the 
        intelligence community;
            (14) establish intelligence reporting guidelines that 
        maximize the dissemination of information while protecting 
        intelligence sources and methods;
            (15) develop, in consultation with the heads of 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;
            (16) establish standards for information technology and 
        communications for the intelligence community;
            (17) ensure that the intelligence community makes efficient 
        and effective use of open-source information and analysis;
            (18) ensure compliance by elements of the intelligence 
        community with the Constitution and all laws, regulations, 
        Executive orders, and implementing guidelines of the United 
        States applicable to the intelligence and intelligence-related 
        activities of the United States Government, including the 
        provisions of the Constitution and all laws, regulations, 
        Executive orders, and implementing guidelines of the United 
        States applicable to the protection of the privacy and civil 
        liberties of United States persons;
            (19) eliminate waste and unnecessary duplication within the 
        intelligence community; and
            (20) perform such other functions as the President may 
        direct.
    (b) Uniform Procedures for Sensitive Compartmented Information.--
The President, acting through the National Intelligence Director, shall 
establish uniform standards and procedures for the grant to sensitive 
compartmented information in accordance with section 115.
    (c) Performance of Common Services.--(1) The National Intelligence 
Director shall, in consultation with the heads of departments and 
agencies of the United States Government containing elements within the 
intelligence community and with the Director of the Central 
Intelligence Agency, direct and coordinate the performance by the 
elements of the intelligence community within the National Intelligence 
Program of such services as are of common concern to the intelligence 
community, which services the National Intelligence Director determines 
can be more efficiently accomplished in a consolidated manner.
    (2) The services performed under paragraph (1) shall include 
research and development on technology for use in national intelligence 
missions.
    (d) Regulations.--The National Intelligence Director may prescribe 
regulations relating to the discharge and enforcement of the 
responsibilities of the Director under this section.

SEC. 113. AUTHORITIES OF NATIONAL INTELLIGENCE DIRECTOR.

    (a) Access to Intelligence.--Unless otherwise directed by the 
President, the National Intelligence 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 NIP and Other Intelligence 
Activities.--The National Intelligence Director shall determine the 
annual budget for the intelligence and intelligence-related activities 
of the United States Government under section 112(a)(1) by--
            (1) providing to the heads of the departments containing 
        agencies or elements within the intelligence community and that 
        have one or more programs, projects, or activities within the 
        National Intelligence program, and to the heads of such 
        agencies and elements, guidance for development the National 
        Intelligence Program budget pertaining to such agencies or 
        elements;
            (2) developing and presenting to the President an annual 
        budget for the National Intelligence Program after consultation 
        with the heads of agencies or elements, and the heads of their 
        respective departments, under paragraph (1), including, in 
        furtherance of such budget, the review, modification, and 
        approval of budgets of the agencies or elements of the 
        intelligence community with one or more programs, projects, or 
        activities within the National Intelligence Program utilizing 
        the budget authorities in subsection (c)(1);
            (3) providing guidance on the development of annual budgets 
        for each element of the intelligence community that does not 
        have any program, project, or activity within the National 
        Intelligence Program utilizing the budget authorities in 
        subsection (c)(2);
            (4) participating in the development by the Secretary of 
        Defense of the annual budget for military intelligence programs 
        and activities outside the National Intelligence Program;
            (5) receiving the appropriations for the National 
        Intelligence Program as specified in subsection (d) and 
        allotting and allocating funds to agencies and elements of the 
        intelligence community; and
            (6) managing and overseeing the execution by the agencies 
        or elements of the intelligence community, and, if necessary, 
        the modification of the annual budget for the National 
        Intelligence Program, including directing the reprogramming and 
        transfer of funds, and the transfer of personnel, among and 
        between elements of the intelligence community within the 
        National Intelligence Program utilizing the authorities in 
        subsections (f) and (g).
    (c) Budget Authorities.--(1)(A) In developing and presenting an 
annual budget for the elements of the intelligence community within the 
National Intelligence Program under subsection (b)(1), the National 
Intelligence Director shall coordinate, prepare, and present to the 
President the annual budgets of those elements, in consultation with 
the heads of those elements.
    (B) If any portion of the budget for an element of the intelligence 
community within the National Intelligence Program is prepared outside 
the Office of the National Intelligence Director, 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).
    (C) The budget of an agency or element of the intelligence 
community with one or more programs, projects, or activities within the 
National Intelligence Program may not be provided to the President 
unless the Director has first approved such budget.
    (2)(A) The Director shall provide guidance for the development of 
the annual budgets for each agency or element of the intelligence 
community that does not have any program, project, or activity within 
the National Intelligence Program.
    (B) The heads of the agencies or elements of the intelligence 
community, and the heads of their respective departments, referred to 
in subparagraph (A) shall coordinate closely with the Director in the 
development of the budgets of such agencies or elements, before the 
submission of their recommendations on such budgets to the President.
    (d) Jurisdiction of Funds Under NIP.--(1) 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 Intelligence Program shall be 
appropriated to the National Intelligence Authority and, pursuant to 
subsection (e), under the direct jurisdiction of the National 
Intelligence Director.
    (2) 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 
Intelligence Program.
    (e) Accounts for Administration of NIP Funds.--(1) The Secretary of 
the Treasury shall, in consultation with the National Intelligence 
Director, establish accounts for the funds under the jurisdiction of 
the Director under subsection (d) for purposes of carrying out the 
responsibilities and authorities of the Director under this Act with 
respect to the National Intelligence Program.
    (2) The National Intelligence Director shall--
            (A) control and manage the accounts established under 
        paragraph (1); and
            (B) with the concurrence of the Director of the Office of 
        Management and Budget, establish procedures governing the use 
        (including transfers and reprogrammings) of funds in such 
        accounts.
    (3)(A) To the extent authorized by law, a certifying official shall 
follow the procedures established under paragraph (2)(B) with regard to 
each account established under paragraph (1). Disbursements from any 
such account shall only be made against a valid obligation of such 
account.
    (B) In this paragraph, the term ``certifying official', with 
respect to an element of the intelligence community, means an employee 
of the element who has responsibilities specified in section 3528(a) of 
title 31, United States Code.
    (4) The National Intelligence Director shall allot funds deposited 
in an account established under paragraph (1) directly to the head of 
the elements of the intelligence community concerned in accordance with 
the procedures established under paragraph (2)(B).
    (5) Each account established under paragraph (1) shall be subject 
to chapters 13 and 15 of title 31, United States Code, other than 
sections 1503 and 1556 of that title.
    (6) Nothing in this subsection shall be construed to impair or 
otherwise affect the authority granted by subsection (g)(3) or by 
section 5 or 8 of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 403f, 403j).
    (f) Role in Reprogramming or Transfer of NIP Funds by Elements of 
Intelligence Community.--(1) No funds made available under the National 
Intelligence Program may be reprogrammed or transferred by any agency 
or element of the intelligence community without the prior approval of 
the National Intelligence Director except in accordance with procedures 
issued by the Director.
    (2) The head of the department concerned shall consult with the 
Director before reprogramming or transferring funds appropriated or 
otherwise made available to an agency or element of the intelligence 
community that does not have any program, project, or activity within 
the National Intelligence Program.
    (3) The Director shall, before reprogramming funds appropriated or 
otherwise made available for an element of the intelligence community 
within the National Intelligence Program, consult with the head of the 
department or agency having jurisdiction over such element regarding 
such reprogramming.
    (4)(A) The Director shall consult with the appropriate committees 
of Congress regarding modifications of existing procedures to expedite 
the reprogramming of funds within the National Intelligence Program.
    (B) Any modification of procedures under subparagraph (A) shall 
include procedures for the notification of the appropriate committees 
of Congress of any objection raised by the head of a department or 
agency to a reprogramming proposed by the Director as a result of 
consultations under paragraph (3).
    (g) Transfer or Reprogramming of Funds and Transfer of Personnel 
Within NIP.--(1) In addition to any other authorities available under 
law for such purposes, the National Intelligence Director, with the 
approval of the Director of the Office of Management and Budget and 
after consultation with the heads of the departments containing 
agencies or elements within the intelligence community to the extent 
their subordinate agencies or elements are affected, with the heads of 
such subordinate agencies or elements, and with the Director of the 
Central Intelligence Agency to the extent the Central Intelligence 
Agency is affected, may--
            (A) transfer or reprogram funds appropriated for a program 
        within the National Intelligence Program to another such 
        program;
            (B) review, and approve or disapprove, any proposal to 
        transfer or reprogram funds from appropriations that are not 
        for the National Intelligence Program to appropriations for the 
        National Intelligence Program;
            (C) in accordance with procedures to be developed by the 
        National Intelligence Director, transfer personnel of the 
        intelligence community funded through the National Intelligence 
        Program from one element of the intelligence community to 
        another element of the intelligence community; and
            (D) in accordance with procedures to be developed by the 
        National Intelligence Director and the heads of the departments 
        and agencies concerned, transfer personnel of the intelligence 
        community not funded through the National Intelligence Program 
        from one element of the intelligence community to another 
        element of the intelligence community.
    (2) A transfer of funds or personnel may be made under this 
subsection only if--
            (A) the funds or personnel are being transferred to an 
        activity that is a higher priority intelligence activity;
            (B) the transfer does not involve a transfer of funds to 
        the Reserve for Contingencies of the National Intelligence 
        Director; or
            (C) the transfer does not exceed applicable ceilings 
        established in law for such transfers.
    (3) Funds transferred under this subsection shall remain available 
for the same period as the appropriations account to which transferred.
    (4) Any transfer of funds under this subsection shall be carried 
out in accordance with existing procedures applicable to reprogramming 
notifications for the appropriate congressional committees. Any 
proposed transfer for which notice is given to the appropriate 
congressional committees shall be accompanied by a report explaining 
the nature of the proposed transfer and how it satisfies the 
requirements of this subsection. In addition, the congressional 
intelligence committees shall be promptly notified of any transfer of 
funds made pursuant to this subsection in any case in which the 
transfer would not have otherwise required reprogramming notification 
under procedures in effect as of October 24, 1992.
    (5)(A) The National Intelligence Director shall promptly submit to 
the appropriate committees of Congress a report on any transfer of 
personnel made pursuant to this subsection. The Director shall include 
in any such report an explanation of the nature of the transfer and how 
it satisfies the requirements of this subsection.
    (B) In this paragraph, the term ``appropriate committees of 
Congress'' means--
            (i)(I) the Committee on Appropriations and the Select 
        Committee on Intelligence of the Senate; and
            (II) the Committee on Appropriations and the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives;
            (ii) in the case of a transfer of personnel to or from the 
        Department of Defense--
                    (I) the committees and select committees referred 
                to in clause (i);
                    (II) the Committee on Armed Services of the Senate; 
                and
                    (III) the Committee on Armed Services of the House 
                of Representatives;
            (iii) in the case of a transfer of personnel to or from the 
        Federal Bureau of Investigation--
                    (I) the committees and select committees referred 
                to in clause (i);
                    (II) the Committee on the Judiciary of the Senate; 
                and
                    (III) the Committee on the Judiciary of the House 
                of Representatives; and
            (iv) in the case of a transfer of personnel to or from the 
        Department of Homeland Security--
                    (I) the committees and select committees referred 
                to in clause (i);
                    (II) the Committee on Governmental Affairs of the 
                Senate; and
                    (III) the Select Committee on Homeland Security of 
                the House of Representatives.
    (h) Information Technology and Communications.--(1) In conforming 
with section 205, in carrying out section 112(a)(16), the National 
Intelligence Director shall--
            (A) establish standards for information technology and 
        communications across the intelligence community;
            (B) develop an integrated information technology network 
        and enterprise architecture for the intelligence community, 
        including interface standards for interoperability to enable 
        automated information-sharing among elements of the 
        intelligence community;
            (C) maintain an inventory of critical information 
        technology and communications systems, and eliminate 
        unnecessary or duplicative systems;
            (D) establish contingency plans for the intelligence 
        community regarding information technology and communications; 
        and
            (E) establish policies, doctrine, training, and other 
        measures necessary to ensure that the intelligence community 
        develops an integrated information technology and 
        communications network that ensures information-sharing.
    (2) Consistent with section 205, the Director shall take any action 
necessary, including the setting of standards for information 
technology and communications across the intelligence community, to 
develop an integrated information technology and communications network 
that ensures information-sharing across the intelligence community.
    (i) Coordination With Foreign Governments.--In a manner consistent 
with section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927), 
the National Intelligence Director shall oversee and direct the 
Director of the Central Intelligence Agency in coordinating, under 
section 103(f) of the National Security Act of 1947, 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) Open Source Information Collection.--The National Intelligence 
Director shall establish and maintain within the intelligence community 
an effective and efficient open-source information collection 
capability.
    (k) Access to Information.--Except as otherwise directed by the 
President, the head of each element of the intelligence community shall 
promptly provide the National Intelligence Director such information in 
the possession or under the control of such element as the Director may 
request in order to facilitate the exercise of the authorities and 
responsibilities of the Director under this Act.

SEC. 114. ENHANCED PERSONNEL MANAGEMENT.

    (a) Rewards for Service in Certain Positions.--(1) The National 
Intelligence Director shall prescribe regulations to provide incentives 
for service on the staff of the national intelligence centers, on the 
staff of the National Counterterrorism Center, and in other positions 
in support of the intelligence community management functions of the 
Director.
    (2) Incentives under paragraph (1) may include financial 
incentives, bonuses, and such other awards and incentives as the 
Director considers appropriate.
    (b) Enhanced Promotion for Service Under NID.--Notwithstanding any 
other provision of law, the National Intelligence Director shall ensure 
that personnel of an element of the intelligence community who are 
assigned or detailed to service under the National Intelligence 
Director shall be promoted at rates equivalent to or better than 
personnel of such element who are not so assigned or detailed.
    (c) Joint Career Matters.--(1) In carrying out section 112(a)(8), 
the National Intelligence Director shall prescribe mechanisms to 
facilitate the rotation of personnel of the intelligence community 
through various elements of the intelligence community in the course of 
their careers in order to facilitate the widest possible understanding 
by such personnel of the variety of intelligence requirements, methods, 
and disciplines.
    (2) The mechanisms prescribed under paragraph (1) may include the 
following:
            (A) The establishment of special occupational categories 
        involving service, over the course of a career, in more than 
        one element of the intelligence community.
            (B) The provision of rewards for service in positions 
        undertaking analysis and planning of operations involving two 
        or more elements of the intelligence community.
            (C) The establishment of requirements for education, 
        training, service, and evaluation that involve service in more 
        than one element of the intelligence community.
    (3) It is the sense of Congress that the mechanisms prescribed 
under this subsection should, to the extent practical, seek to 
duplicate within the intelligence community the joint officer 
management policies established by the Goldwater-Nichols Department of 
Defense Reorganization Act of 1986 (Public Law 99-433) and the 
amendments on joint officer management made by that Act.

SEC. 115. SECURITY CLEARANCES.

    (a) In General.--The President, in consultation with the National 
Intelligence Director, the department, agency, or element selected 
under (b), and other appropriate officials shall--
            (1) establish uniform standards and procedures for the 
        grant of access to classified information for employees and 
        contractor personnel of the United States Government who 
        require access to such information;
            (2) ensure the consistent implementation of the standards 
        and procedures established under paragraph (1) throughout the 
        departments, agencies, and elements of the United States 
        Government and under contracts entered into by such 
        departments, agencies, and elements;
            (3) ensure that an individual who is granted or continued 
        eligibility for access to classified information is treated by 
        each department, agency, or element of the executive branch as 
        eligible for access to classified information at that level for 
        all purposes of each such department, agency, or element, 
        regardless of which department, agency, or element of the 
        executive branch granted or continued the eligibility of such 
        individual for access to classified information;
            (4) establish uniform requirements and standards, including 
        for security questionnaires, financial disclosure requirements, 
        and standards for administering polygraph examinations, to be 
        utilized for the performance of security clearance 
        investigations, including by the contractors conducting such 
        investigations; and
            (5) ensure that the database established under subsection 
        (b)(2)(B) meets the needs of the intelligence community.
    (b) Performance of Security Clearance Investigations.--(1) Not 
later than 45 days after the date of the enactment of this Act, the 
President shall select a single department, agency, or element of the 
executive branch to conduct all security clearance investigations of 
employees and contractor personnel of the United States Government who 
require access to classified information and to provide and maintain 
all security clearances of such employees and contractor personnel.
    (2) The department, agency, or element selected under paragraph (1) 
shall--
                    (A) take all necessary actions to carry out the 
                requirements of this section, including entering into a 
                memorandum of understanding with any agency carrying 
                out responsibilities relating to security clearances or 
                security clearance investigations before the date of 
                the enactment of this Act;
                    (B) as soon as practicable, establish and maintain 
                a single database for tracking security clearance 
                applications, security clearance investigations, and 
                determinations of eligibility for security clearances, 
                which database shall incorporate applicable elements of 
                similar databases in existence on the date of the 
                enactment of this Act; and
                    (C) ensure that security clearance investigations 
                are conducted in accordance with uniform standards and 
                requirements established under subsection (a)(4), 
                including uniform security questionnaires and financial 
                disclosure requirements.
    (c) Adjudication and Grant of Security Clearances.--(1) Each agency 
that adjudicates and grants security clearances as of the date of the 
enactment of this Act may continue to adjudicate and grant security 
clearances after that date.
    (2) Each agency that adjudicates and grants security clearances 
shall specify to the department, agency, or element selected under 
subsection (b) the level of security clearance investigation required 
for an individual under its jurisdiction.
    (3) Upon granting or continuing eligibility for access to 
classified information to an individual under its jurisdiction, an 
agency that adjudicates and grants security clearances shall submit to 
the department, agency, or element selected under subsection (b) notice 
of that action, including the level of access to classified information 
granted.
    (d) Utilization of Personnel.--There shall be transferred to the 
department, agency, or element selected under subsection (b) any 
personnel of any executive agency whose sole function as of the date of 
the enactment of this Act is the performance of security clearance 
investigations.
    (e) Transition.--The President shall take appropriate actions to 
ensure that the performance of security clearance investigations under 
this section commences not later than one year after the date of the 
enactment of this Act.

SEC. 116. NATIONAL INTELLIGENCE RESERVE CORPS.

    (a) Establishment.--The National Intelligence Director may provide 
for the establishment and training of a National Intelligence Reserve 
Corps (in this section referred to as ``National Intelligence Reserve 
Corps'') for the temporary reemployment on a voluntary basis of former 
employees of elements of the intelligence community during periods of 
emergency, as determined by the Director.
    (b) Eligible Individuals.--An individual may participate in the 
National Intelligence Reserve Corps only if the individual previously 
served as a full time employee of an element of the intelligence 
community.
    (c) Limitation on Membership.--The total number of individuals who 
are members of the National Intelligence Reserve Corps at any given 
time may not exceed 200 individuals.
    (d) Terms of Participation.--The National Intelligence Director 
shall prescribe the terms and conditions under which eligible 
individuals may participate in the National Intelligence Reserve Corps.
    (e) Expenses.--The National Intelligence Director may provide 
members of the National Intelligence Reserve Corps transportation and 
per diem in lieu of subsistence for purposes of participating in any 
training that relates to service as a member of the Reserve Corps.
    (f) Treatment of Annuitants.--(1) If an annuitant receiving an 
annuity from the Civil Service Retirement and Disability Fund becomes 
temporarily reemployed pursuant to this section, such annuity shall not 
be discontinued thereby.
    (2) An annuitant so reemployed shall not be considered an employee 
for the purposes of chapter 83 or 84 of title 5, United States Code.
    (g) Treatment Under National Intelligence Authority Personnel 
Ceiling.--A member of the National Intelligence Reserve Corps who is 
reemployed on a temporary basis pursuant to this section shall not 
count against any personnel ceiling applicable to the National 
Intelligence Authority.

SEC. 117. APPOINTMENT AND TERMINATION OF CERTAIN OFFICIALS RESPONSIBLE 
              FOR INTELLIGENCE-RELATED ACTIVITIES.

    (a) Recommendation of NID in Certain Appointment.--In the event of 
a vacancy in the position of Director of the Central Intelligence 
Agency, the National Intelligence Director shall recommend to the 
President an individual for nomination to fill the vacancy.
    (b) Concurrence of Secretary of Defense in Certain Appointments 
Recommended by NID.--(1) In the event of a vacancy in a position 
referred to in paragraph (2), the National Intelligence Director shall 
obtain the concurrence of the Secretary of Defense before recommending 
to the President an individual for nomination to fill such vacancy. If 
the Secretary does not concur in the recommendation, the Director may 
make the recommendation to the President without the concurrence of the 
Secretary, but shall include in the recommendation a statement that the 
Secretary does not concur in the recommendation.
    (2) Paragraph (1) applies to the following positions:
            (A) The Director of the National Security Agency.
            (B) The Director of the National Reconnaissance Office.
            (C) The Director of the National Geospatial-Intelligence 
        Agency.
    (c) Concurrence of NID 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 National Intelligence Director before 
appointing an individual to fill the vacancy or recommending to the 
President an individual to be nominated to fill the vacancy. If the 
Director does not concur in the recommendation, the head of the 
department or agency concerned may fill the vacancy or make the 
recommendation to the President (as the case may be) without the 
concurrence of the Director, but shall notify the President that the 
Director does not concur in appointment or recommendation (as the case 
may be).
    (2) Paragraph (1) applies to the following positions:
            (A) The Under Secretary of Defense for Intelligence.
            (B) The Assistant Secretary of Homeland Security for 
        Information Analysis.
            (C) The Director of the Defense Intelligence Agency.
            (D) The Executive Assistant Director for Intelligence of 
        the Federal Bureau of Investigation.
    (d) Recommendation of NID on Termination of Service.--(1) The 
National Intelligence Director may recommend to the President or the 
head of the department or agency concerned the termination of service 
of any individual serving in any position covered by this section.
    (2) In the event the Director intends to recommend to the President 
the termination of service of an individual under paragraph (1), the 
Director shall seek the concurrence of the head of the department or 
agency concerned. If the head of the department or agency concerned 
does not concur in the recommendation, the Director may make the 
recommendation to the President without the concurrence of the head of 
the department or agency concerned, but shall notify the President that 
the head of the department or agency concerned does not concur in the 
recommendation.

SEC. 118. RESERVE FOR CONTINGENCIES OF THE NATIONAL INTELLIGENCE 
              DIRECTOR.

    (a) Establishment.--There is hereby established on the books of the 
Treasury an account to be known as the Reserve for Contingencies of the 
National Intelligence Director.
    (b) Elements.--The Reserve shall consist of the following elements:
            (1) Amounts authorized to be appropriated to the Reserve.
            (2) Any amounts authorized to be transferred to or 
        deposited in the Reserve by law.
    (c) Availability.--Amounts in the Reserve shall be available for 
such purposes as are provided by law.
    (d) Transfer of Funds of Reserve for Contingencies of CIA.--There 
shall be transferred to the Reserve for Contingencies of the National 
Intelligence Director all unobligated balances of the Reserve for 
Contingencies of the Central Intelligence Agency as of the date of the 
enactment of this Act.

        Subtitle C--Office of the National Intelligence Director

SEC. 121. OFFICE OF THE NATIONAL INTELLIGENCE DIRECTOR.

    (a) Office of National Intelligence Director.--There is within the 
National Intelligence Authority an Office of the National Intelligence 
Director.
    (b) Function.--The function of the Office of the National 
Intelligence Director is to assist the National Intelligence 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 the President or by law.
    (c) Composition.--The Office of the National Intelligence Director 
is composed of the following:
            (1) The Principal Deputy National Intelligence Director.
            (2) Any Deputy National Intelligence Director appointed 
        under section 122(b).
            (3) The National Intelligence Council.
            (4) The General Counsel of the National Intelligence 
        Authority.
            (5) The Intelligence Comptroller.
            (6) The Officer for Civil Rights and Civil Liberties of the 
        National Intelligence Authority.
            (7) The Privacy Officer of the National Intelligence 
        Authority.
            (8) The Chief Information Officer of the National 
        Intelligence Authority.
            (9) The Chief Human Capital Officer of the National 
        Intelligence Authority.
            (10) The Chief Financial Officer of the National 
        Intelligence Authority.
            (11) The National Counterintelligence Executive (including 
        the Office of the National Counterintelligence Executive).
            (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 National Intelligence Director in 
fulfilling the duties and responsibilities of the Director, the 
Director shall employ and utilize in the Office of the National 
Intelligence Director a professional staff having an expertise in 
matters relating to such duties and responsibilities, and may establish 
permanent positions and appropriate rates of pay with respect to that 
staff.
    (2) The staff of the Office of the National Intelligence Director 
under paragraph (1) shall include the staff of the Office of the Deputy 
Director of Central Intelligence for Community Management that is 
transferred to the Office of the National Intelligence Director under 
section 321.
    (e) Prohibition on Co-Location With Other Elements of Intelligence 
Community.--Commencing as of October 1, 2006, the Office of the 
National Intelligence Director may not be co-located with any other 
element of the intelligence community.

SEC. 122. DEPUTY NATIONAL INTELLIGENCE DIRECTORS.

    (a) Principal Deputy National Intelligence Director.--(1) There is 
a Principal Deputy National Intelligence Director who shall be 
appointed by the President, by and with the advice and consent of the 
Senate.
    (2) In the event of a vacancy in the position of Principal Deputy 
National Intelligence Director, the National Intelligence Director 
shall recommend to the President an individual for appointment as 
Principal Deputy National Intelligence Director.
    (3) Any individual nominated for appointment as Principal Deputy 
National Intelligence Director shall have extensive national security 
experience and management expertise.
    (4) The individual serving as Principal Deputy National 
Intelligence Director may not, while so serving, serve in any capacity 
in any other element of the intelligence community, except to the 
extent that the individual serving as Principal Deputy National 
Intelligence Director is doing so in an acting capacity.
    (5) The Principal Deputy National Intelligence Director shall 
assist the National Intelligence Director in carrying out the duties 
and responsibilities of the Director.
    (6) The Principal Deputy National Intelligence Director shall act 
for, and exercise the powers of, the National Intelligence Director 
during the absence or disability of the National Intelligence Director 
or during a vacancy in the position of National Director of 
Intelligence.
    (b) Deputy National Intelligence Directors.--(1) There may be not 
more than four Deputy National Intelligence Directors who shall be 
appointed by the President.
    (2) In the event of a vacancy in any position of Deputy National 
Intelligence Director established under this subsection, the National 
Intelligence Director shall recommend to the President an individual 
for appointment to such position.
    (3) Each Deputy National Intelligence Director appointed under this 
subsection shall have such duties, responsibilities, and authorities as 
the National Intelligence Director may assign or are specified by law.

SEC. 123. NATIONAL INTELLIGENCE COUNCIL.

    (a) National Intelligence Council.--There is a National 
Intelligence Council.
    (b) Composition.--(1) The National Intelligence Council shall be 
composed of senior analysts within the intelligence community and 
substantive experts from the public and private sector, who shall be 
appointed by, report to, and serve at the pleasure of, the National 
Intelligence Director.
    (2) The Director shall prescribe appropriate security requirements 
for personnel appointed from the private sector as a condition of 
service on the Council, or as contractors of the Council or employees 
of such contractors, to ensure the protection of intelligence sources 
and methods while avoiding, wherever possible, unduly intrusive 
requirements which the Director considers to be unnecessary for this 
purpose.
    (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 and other information as 
        specified in paragraph (2);
            (B) evaluate community-wide collection and production of 
        intelligence by the intelligence community and the requirements 
        and resources of such collection and production; and
            (C) otherwise assist the National Intelligence Director in 
        carrying out the responsibilities of the Director under section 
        111.
    (2) The National Intelligence Director shall ensure that the 
Council satisfies the needs of policymakers and other consumers of 
intelligence by ensuring that each national intelligence estimate under 
paragraph (1)--
            (A) states separately, and distinguishes between, the 
        intelligence underlying such estimate and the assumptions and 
        judgments of analysts with respect to such intelligence and 
        such estimate;
            (B) describes the quality and reliability of the 
        intelligence underlying such estimate;
            (C) presents and explains alternative conclusions, if any, 
        with respect to the intelligence underlying such estimate and 
        such estimate; and
            (D) characterizes the uncertainties, if any, and confidence 
        in such estimate.
    (d) Service as Senior Intelligence Advisers.--Within their 
respective areas of expertise and under the direction of the National 
Intelligence Director, the members of the National Intelligence Council 
shall constitute the senior intelligence advisers of the intelligence 
community for purposes of representing the views of the intelligence 
community within the United States Government.
    (e) Authority To Contract.--Subject to the direction and control of 
the National Intelligence Director, the National Intelligence Council 
may carry out its 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 National Intelligence Director shall make available 
to the National Intelligence Council such staff as may be necessary to 
permit the Council to carry out its responsibilities under this 
section.
    (g) Availability of Council and Staff.--(1) The National 
Intelligence Director shall take appropriate measures to ensure that 
the National Intelligence Council and its staff satisfy the needs of 
policymaking officials and other consumers of intelligence.
    (2) The Council shall be readily accessible to policymaking 
officials and other appropriate individuals not otherwise associated 
with the intelligence community.
    (h) Support.--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 National Intelligence Director.

SEC. 124. GENERAL COUNSEL OF THE NATIONAL INTELLIGENCE AUTHORITY.

    (a) General Counsel of National Intelligence Authority.--There is a 
General Counsel of the National Intelligence Authority 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 National Intelligence Authority 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 National 
Intelligence Authority is the chief legal officer of the National 
Intelligence Authority.
    (d) Functions.--The General Counsel of the National Intelligence 
Authority shall perform such functions as the National Intelligence 
Director may prescribe.

SEC. 125. INTELLIGENCE COMPTROLLER.

    (a) Intelligence Comptroller.--There is an Intelligence Comptroller 
who shall be appointed from civilian life by the National Intelligence 
Director.
    (b) Supervision.--The Intelligence Comptroller shall report 
directly to the National Intelligence Director.
    (c) Duties.--The Intelligence Comptroller shall--
            (1) assist the National Intelligence Director in the 
        preparation and execution of the budget of the elements of the 
        intelligence community within the National Intelligence 
        Program;
            (2) assist the Director in participating in the development 
        by the Secretary of Defense of the annual budget for military 
        intelligence programs and activities outside the National 
        Intelligence Program;
            (3) provide unfettered access to the Director to financial 
        information under the National Intelligence Program;
            (4) perform such other duties as may be prescribed by the 
        Director or specified by law.

SEC. 126. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES OF THE NATIONAL 
              INTELLIGENCE AUTHORITY.

    (a) Officer for Civil Rights and Civil Liberties of National 
Intelligence Authority.--There is an Officer for Civil Rights and Civil 
Liberties of the National Intelligence Authority who shall be appointed 
by the President.
    (b) Supervision.--The Officer for Civil Rights and Civil Liberties 
of the National Intelligence Authority shall report directly to the 
National Intelligence Director.
    (c) Duties.--The Officer for Civil Rights and Civil Liberties of 
the National Intelligence Authority shall--
            (1) assist the National Intelligence Director in ensuring 
        that the protection of civil rights and civil liberties, as 
        provided in the Constitution, laws, regulations, and Executive 
        orders of the United States, is appropriately incorporated in--
                    (A) the policies and procedures developed for and 
                implemented by the National Intelligence Authority;
                    (B) the policies and procedures regarding the 
                relationships among the elements of the intelligence 
                community within the National Intelligence Program; and
                    (C) the policies and procedures regarding the 
                relationships between the elements of the intelligence 
                community within the National Intelligence Program and 
                the other elements of the intelligence community;
            (2) oversee compliance by the Authority, and in the 
        relationships described in paragraph (1), 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, as provided in the Constitution, laws, regulations, 
        and Executive orders of the United States, in the 
        administration of the programs and operations of the Authority, 
        and in the relationships described in paragraph (1), unless, in 
        the determination of the Inspector General of the National 
        Intelligence Authority, the review, investigation, or 
        assessment of a particular complaint or information can better 
        be conducted by the Inspector General;
            (4) coordinate with the Privacy Officer of the National 
        Intelligence Authority to ensure that programs, policies, and 
        procedures involving civil rights, civil liberties, and privacy 
        considerations are addressed in an integrated and comprehensive 
        manner; and
            (5) perform such other duties as may be prescribed by the 
        Director or specified by law.

SEC. 127. PRIVACY OFFICER OF THE NATIONAL INTELLIGENCE AUTHORITY.

    (a) Privacy Officer of National Intelligence Authority.--There is a 
Privacy Officer of the National Intelligence Authority who shall be 
appointed by the National Intelligence Director.
    (b) Duties.--(1) The Privacy Officer of the National Intelligence 
Authority shall have primary responsibility for the privacy policy of 
the National Intelligence Authority (including in the relationships 
among the elements of the intelligence community within the National 
Intelligence Program and the relationships between the elements of the 
intelligence community within the National Intelligence Program and the 
other elements of the intelligence community).
    (2) In discharging the responsibility under paragraph (1), the 
Privacy Officer shall--
            (A) assure that the use of technologies sustain, and do not 
        erode, privacy protections relating to the use, collection, and 
        disclosure of personal information;
            (B) 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;
            (C) conduct privacy impact assessments when appropriate or 
        as required by law; and
            (D) coordinate with the Officer for Civil Rights and Civil 
        Liberties of the National Intelligence Authority to ensure that 
        programs, policies, and procedures involving civil rights, 
        civil liberties, and privacy considerations are addressed in an 
        integrated and comprehensive manner.

SEC. 128. CHIEF INFORMATION OFFICER OF THE NATIONAL INTELLIGENCE 
              AUTHORITY.

    (a) Chief Information Officer of National Intelligence Authority.--
There is a Chief Information Officer of the National Intelligence 
Authority who shall be appointed by the National Intelligence Director.
    (b) Duties.--The Chief Information Officer of the National 
Intelligence Authority shall--
            (1) assist the National Intelligence Director in 
        implementing the responsibilities and executing the authorities 
        related to information technology under paragraphs (15) and 
        (16) of section 112(a) and section 113(h); and
            (2) perform such other duties as may be prescribed by the 
        Director or specified by law.

SEC. 129. CHIEF HUMAN CAPITAL OFFICER OF THE NATIONAL INTELLIGENCE 
              AUTHORITY.

    (a) Chief Human Capital Officer of National Intelligence 
Authority.--There is a Chief Human Capital Officer of the National 
Intelligence Authority who shall be appointed by the National 
Intelligence Director.
    (b) Duties.--The Chief Human Capital Officer of the National 
Intelligence Authority shall--
            (1) have the functions and authorities provided for Chief 
        Human Capital Officers under sections 1401 and 1402 of title 5, 
        United States Code, with respect to the National Intelligence 
        Authority; and
            (2) advise and assist the National Intelligence Director in 
        exercising the authorities and responsibilities of the Director 
        with respect to the workforce of the intelligence community as 
        a whole.

SEC. 130. CHIEF FINANCIAL OFFICER OF THE NATIONAL INTELLIGENCE 
              AUTHORITY.

    (a) Chief Financial Officer of National Intelligence Authority.--
There is a Chief Financial Officer of the National Intelligence 
Authority who shall be designated by the President, in consultation 
with the National Intelligence Director.
    (b) Designation Requirements.--The designation of an individual as 
Chief Financial Officer of the National Intelligence Authority shall be 
subject to applicable provisions of section 901(a) of title 31, United 
States Code.
    (c) Authorities and Functions.--The Chief Financial Officer of the 
National Intelligence Authority shall have such authorities, and carry 
out such functions, with respect to the National Intelligence Authority 
as are provided for an agency Chief Financial Officer by section 902 of 
title 31, United States Code, and other applicable provisions of law.
    (d) Coordination With NIA Comptroller.--(1) The Chief Financial 
Officer of the National Intelligence Authority shall coordinate with 
the Comptroller of the National Intelligence Authority in exercising 
the authorities and performing the functions provided for the Chief 
Financial Officer under this section.
    (2) The National Intelligence Director shall take such actions as 
are necessary to prevent duplication of effort by the Chief Financial 
Officer of the National Intelligence Authority and the Comptroller of 
the National Intelligence Authority.
    (e) Integration of Financial Systems.--Subject to the supervision, 
direction, and control of the National Intelligence Director, the Chief 
Financial Officer of the National Intelligence Authority shall take 
appropriate actions to ensure the timely and effective integration of 
the financial systems of the National Intelligence Authority (including 
any elements or components transferred to the Authority by this Act), 
and of the financial systems of the Authority with applicable portions 
of the financial systems of the other elements of the intelligence 
community, as soon as possible after the date of the enactment of this 
Act.
    (f) Protection of Annual Financial Statement From Disclosure.--The 
annual financial statement of the National Intelligence Authority 
required under section 3515 of title 31, United States Code--
            (1) shall be submitted in classified form; and
            (2) notwithstanding any other provision of law, shall be 
        withheld from public disclosure.

SEC. 131. NATIONAL COUNTERINTELLIGENCE EXECUTIVE.

    (a) National Counterintelligence Executive.--The National 
Counterintelligence Executive under section 902 of the 
Counterintelligence Enhancement Act of 2002 (title IX of Public Law 
107-306; 50 U.S.C. 402b et seq.), as amended by section 309 of this 
Act, is a component of the Office of the National Intelligence 
Director.
    (b) Duties.--The National Counterintelligence Executive shall 
perform the duties provided in the Counterintelligence Enhancement Act 
of 2002, as so amended, and such other duties as may be prescribed by 
the National Intelligence Director or specified by law.

   Subtitle D--Additional Elements of National Intelligence Authority

SEC. 141. INSPECTOR GENERAL OF THE NATIONAL INTELLIGENCE AUTHORITY.

    (a) Office of Inspector General of National Intelligence 
Authority.--There is within the National Intelligence Authority an 
Office of the Inspector General of the National Intelligence Authority.
    (b) Purpose.--The purpose of the Office of the Inspector General of 
the National Intelligence Authority is to--
            (1) create an objective and effective office, appropriately 
        accountable to Congress, to initiate and conduct independently 
        investigations, inspections, and audits relating to--
                    (A) the programs and operations of the National 
                Intelligence Authority;
                    (B) the relationships among the elements of the 
                intelligence community within the National Intelligence 
                Program; and
                    (C) the relationships between the elements of the 
                intelligence community within the National Intelligence 
                Program and the other elements of the intelligence 
                community;
            (2) recommend policies designed--
                    (A) to promote economy, efficiency, and 
                effectiveness in the administration of such programs 
                and operations, and in such relationships; and
                    (B) to prevent and detect fraud and abuse in such 
                programs, operations, and relationships;
            (3) provide a means for keeping the National Intelligence 
        Director fully and currently informed about--
                    (A) problems and deficiencies relating to the 
                administration of such programs and operations, and to 
                such relationships; and
                    (C) the necessity for, and the progress of, 
                corrective actions; and
            (4) in the manner prescribed by this section, ensure that 
        the congressional intelligence committees are kept similarly 
        informed of--
                    (A) significant problems and deficiencies relating 
                to the administration of such programs and operations, 
                and to such relationships; and
                    (B) the necessity for, and the progress of, 
                corrective actions.
    (c) Inspector General of National Intelligence Authority.--(1) 
There is an Inspector General of the National Intelligence Authority, 
who shall be the head of the Office of the Inspector General of the 
National Intelligence Authority, who shall be appointed by the 
President, by and with the advice and consent of the Senate.
    (2) The nomination of an individual for appointment as Inspector 
General shall be made--
            (A) without regard to political affiliation;
            (B) solely on the basis of integrity, compliance with the 
        security standards of the National Intelligence Authority, and 
        prior experience in the field of intelligence or national 
        security; and
            (C) on the basis of demonstrated ability in accounting, 
        financial analysis, law, management analysis, public 
        administration, or auditing.
    (3) The Inspector General shall report directly to and be under the 
general supervision of the National Intelligence Director.
    (4) 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.
    (d) Duties and Responsibilities.--It shall be the duty and 
responsibility of the Inspector General of the National Intelligence 
Authority--
            (1) to provide policy direction for, and to plan, conduct, 
        supervise, and coordinate independently, the investigations, 
        inspections, and audits relating to the programs and operations 
        of the National Intelligence Authority, the relationships among 
        the elements of the intelligence community within the National 
        Intelligence Program, and the relationships between the 
        elements of the intelligence community within the National 
        Intelligence Program and the other elements of the intelligence 
        community to ensure they are conducted efficiently and in 
        accordance with applicable law and regulations;
            (2) to keep the National Intelligence 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 in such 
        relationships, 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; and
            (4) in the execution of the duties and responsibilities 
        under this section, to comply with generally accepted 
        government auditing standards.
    (e) Limitations on Activities.--(1) The National Intelligence 
Director may prohibit the Inspector General of the National 
Intelligence Authority from initiating, carrying out, or completing any 
investigation, inspection, or audit if the Director determines that 
such prohibition is necessary to protect vital national security 
interests of the United States.
    (2) If the Director exercises the authority under paragraph (1), 
the Director shall submit an appropriately classified statement of the 
reasons for the exercise of such authority within seven days to the 
congressional intelligence committees.
    (3) The Director shall advise the Inspector General at the time a 
report under paragraph (1) is submitted, and, to the extent consistent 
with the protection of intelligence sources and methods, provide the 
Inspector General with a copy of such report.
    (4) The Inspector General may submit to the congressional 
intelligence committees any comments on a report of which the Inspector 
General has notice under paragraph (3) that the Inspector General 
considers appropriate.
    (f) Authorities.--(1) The Inspector General of the National 
Intelligence Authority shall have direct and prompt access to the 
National Intelligence Director when necessary for any purpose 
pertaining to the performance of the duties of the Inspector General.
    (2)(A) The Inspector General shall have access to any employee, or 
any employee of a contractor, of the National Intelligence Authority, 
and of any other element of the intelligence community within the 
National Intelligence Program, whose testimony is needed for the 
performance of the duties of the Inspector General.
    (B) The Inspector General shall have direct access to all records, 
reports, audits, reviews, documents, papers, recommendations, or other 
material 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).
    (D) Failure on the part of any employee or contractor of the 
National Intelligence Authority to cooperate with the Inspector General 
shall be grounds for appropriate administrative actions by the 
Director, including loss of employment or the termination of an 
existing contractual relationship.
    (3) 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 
Federal government--
            (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 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.
    (4) 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 duties of the Inspector General, 
which oath, affirmation, or affidavit when administered or taken by or 
before an employee of the Office of the Inspector General of the 
National Intelligence Authority 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.
    (5)(A) Except as provided in subparagraph (B), the Inspector 
General is authorized to require by subpoena the production of all 
information, documents, reports, answers, records, accounts, papers, 
and other data and documentary evidence necessary in the performance of 
the duties and responsibilities of the Inspector General.
    (B) In the case of departments, agencies, and other elements of the 
United States Government, the Inspector General shall obtain 
information, documents, reports, answers, records, accounts, papers, 
and other data and evidence for the purpose specified in subparagraph 
(A) using procedures other than by subpoenas.
    (C) The Inspector General may not issue a subpoena for or on behalf 
of any other element or component of the Authority.
    (D) In the case of contumacy or refusal to obey a subpoena issued 
under this paragraph, the subpoena shall be enforceable by order of any 
appropriate district court of the United States.
    (g) Staff and Other Support.--(1) The Inspector General of the 
National Intelligence Authority shall be provided with appropriate and 
adequate office space at central and field office locations, together 
with such equipment, office supplies, maintenance services, and 
communications facilities and services as may be necessary for the 
operation of such offices.
    (2)(A) Subject to applicable law and the policies of the National 
Intelligence Director, the Inspector General shall select, appoint and 
employ such officers and employees as may be necessary to carry out the 
functions of the Inspector General.
    (B) In making selections under subparagraph (A), the Inspector 
General shall ensure that such officers and employees have the 
requisite training and experience to enable the Inspector General to 
carry out the duties of the Inspector General effectively.
    (C) In meeting the requirements of this paragraph, the Inspector 
General shall create within the Office of the Inspector General of the 
National Intelligence Authority a career cadre of sufficient size to 
provide appropriate continuity and objectivity needed for the effective 
performance of the duties of the Inspector General.
    (3)(A) Subject to the concurrence of the Director, the Inspector 
General may request such information or assistance as may be necessary 
for carrying out the duties and responsibilities of the Inspector 
General from any department, agency, or other element of the United 
States Government.
    (B) Upon request of the Inspector General for information or 
assistance under subparagraph (A), the head of the department, agency, 
or element concerned shall, insofar as is practicable and not in 
contravention of any existing statutory restriction or regulation of 
the department, agency, or element, furnish to the Inspector General, 
or to an authorized designee, such information or assistance.
    (h) Reports.--(1)(A) The Inspector General of the National 
Intelligence Authority shall, not later than January 31 and July 31 of 
each year, prepare and submit to the National Intelligence Director a 
classified semiannual report summarizing the activities of the Office 
of the Inspector General of the National Intelligence Authority during 
the immediately preceding six-month periods ending December 31 (of the 
preceding year) and June 30, respectively.
    (B) Each report under this paragraph shall include, at a minimum, 
the following:
            (i) A list of the title or subject of each investigation, 
        inspection, or audit conducted during the period covered by 
        such report.
            (ii) A description of significant problems, abuses, and 
        deficiencies relating to the administration of programs and 
        operations of the National Intelligence Authority identified by 
        the Inspector General during the period covered by such report.
            (iii) A description of the recommendations for corrective 
        action made by the Inspector General during the period covered 
        by such report with respect to significant problems, abuses, or 
        deficiencies identified in clause (ii).
            (iv) A statement whether or not corrective action has been 
        completed on each significant recommendation described in 
        previous semiannual reports, and, in a case where corrective 
        action has been completed, a description of such corrective 
        action.
            (v) An assessment of the effectiveness of all measures in 
        place in the Authority for the protection of civil liberties 
        and privacy of United States persons.
            (vi) A certification whether or not the Inspector General 
        has had full and direct access to all information relevant to 
        the performance of the functions of the Inspector General.
            (vii) A description of the exercise of the subpoena 
        authority under subsection (f)(5) by the Inspector General 
        during the period covered by such report.
            (viii) Such recommendations as the Inspector General 
        considers appropriate for legislation to promote economy and 
        efficiency in the administration of programs and operations 
        undertaken by the Authority, and to detect and eliminate fraud 
        and abuse in such programs and operations.
    (C) Not later than the 30 days after the date of receipt of a 
report under subparagraph (A), the Director shall transmit the report 
to the congressional intelligence committees together with any comments 
the Director considers appropriate.
    (2)(A) The Inspector General shall report immediately to the 
Director whenever the Inspector General becomes aware of particularly 
serious or flagrant problems, abuses, or deficiencies relating to the 
administration of programs or operations of the Authority, a 
relationship between the elements of the intelligence community within 
the National Intelligence Program, or a relationship between an element 
of the intelligence community within the National Intelligence Program 
and another element of the intelligence community.
    (B) The Director shall transmit to the congressional intelligence 
committees each report under subparagraph (A) within seven calendar 
days of receipt of such report, together with such comments as the 
Director considers appropriate.
    (3) In the event that--
            (A) the Inspector General is unable to resolve any 
        differences with the Director affecting the execution of the 
        duties or responsibilities of the Inspector General;
            (B) an investigation, inspection, or audit carried out by 
        the Inspector General should focus on any current or former 
        Authority official who holds or held a position in the 
        Authority that is subject to appointment by the President, by 
        and with the advice and consent of the Senate, including such a 
        position held on an acting basis;
            (C) a matter requires a report by the Inspector General to 
        the Department of Justice on possible criminal conduct by a 
        current or former official described in subparagraph (B);
            (D) the Inspector General receives notice from the 
        Department of Justice declining or approving prosecution of 
        possible criminal conduct of any current or former official 
        described in subparagraph (B); or
            (E) the Inspector General, after exhausting all possible 
        alternatives, is unable to obtain significant documentary 
        information in the course of an investigation, inspection, or 
        audit,
the Inspector General shall immediately notify and submit a report on 
such matter to the congressional intelligence committees.
    (4) Pursuant to title V of the National Security Act of 1947 (50 
U.S.C. 413 et seq.), the Director shall submit to the congressional 
intelligence committees any report or findings and recommendations of 
an investigation, inspection, or audit conducted by the office which 
has been requested by the Chairman or Ranking Minority Member of either 
committee.
    (5)(A) An employee of the Authority, an employee of an entity other 
than the Authority who is assigned or detailed to the Authority, or an 
employee of a contractor to the Authority who intends to report to 
Congress a complaint or information with respect to an urgent concern 
may report such complaint or information to the Inspector General.
    (B) Not later than the end of the 14-calendar day period beginning 
on the date of receipt from an employee of a complaint or information 
under subparagraph (A), the Inspector General shall determine whether 
the complaint or information appears credible. Upon making such a 
determination, the Inspector General shall transmit to the Director a 
notice of that determination, together with the complaint or 
information.
    (C) Upon receipt of a transmittal from the Inspector General under 
subparagraph (B), the Director shall, within seven calendar days of 
such receipt, forward such transmittal to the congressional 
intelligence committees, together with any comments the Director 
considers appropriate.
    (D)(i) If the Inspector General does not find credible under 
subparagraph (B) a complaint or information submitted under 
subparagraph (A), or does not transmit the complaint or information to 
the Director in accurate form under subparagraph (B), the employee 
(subject to clause (ii)) may submit the complaint or information to 
Congress by contacting either or both of the congressional intelligence 
committees directly.
    (ii) An employee may contact the intelligence committees directly 
as described in clause (i) only if the employee--
            (I) before making such a contact, furnishes to the 
        Director, through the Inspector General, a statement of the 
        employee's complaint or information and notice of the 
        employee's intent to contact the congressional intelligence 
        committees directly; and
            (II) obtains and follows from the Director, through the 
        Inspector General, direction on how to contact the intelligence 
        committees in accordance with appropriate security practices.
    (iii) A member or employee of one of the congressional intelligence 
committees who receives a complaint or information under clause (i) 
does so in that member or employee's official capacity as a member or 
employee of such committee.
    (E) The Inspector General shall notify an employee who reports a 
complaint or information to the Inspector General under this paragraph 
of each action taken under this paragraph with respect to the complaint 
or information. Such notice shall be provided not later than three days 
after any such action is taken.
    (F) An action taken by the Director or the Inspector General under 
this paragraph shall not be subject to judicial review.
    (G) In this paragraph, the term ``urgent concern'' means any of the 
following:
            (i) A serious or flagrant problem, abuse, violation of law 
        or Executive order, or deficiency relating to the funding, 
        administration, or operations of an intelligence activity 
        involving classified information, but does not include 
        differences of opinions concerning public policy matters.
            (ii) A false statement to Congress, or a willful 
        withholding from Congress, on an issue of material fact 
        relating to the funding, administration, or operation of an 
        intelligence activity.
            (iii) An action, including a personnel action described in 
        section 2302(a)(2)(A) of title 5, United States Code, 
        constituting reprisal or threat of reprisal prohibited under 
        subsection (f)(3)(B) of this section in response to an 
        employee's reporting an urgent concern in accordance with this 
        paragraph.
    (H) In support of this paragraph, Congress makes the findings set 
forth in paragraphs (1) through (6) of section 701(b) of the 
Intelligence Community Whistleblower Protection Act of 1998 (title VII 
of Public Law 105-272; 5 U.S.C. App. 8H note).
    (6) In accordance with section 535 of title 28, United States Code, 
the Inspector General shall report to the Attorney General any 
information, allegation, or complaint received by the Inspector General 
relating to violations of Federal criminal law that involve a program 
or operation of the Authority, consistent with such guidelines as may 
be issued by the Attorney General pursuant to subsection (b)(2) of such 
section. A copy of each such report shall be furnished to the Director.
    (i) Separate Budget Account.--The National Intelligence Director 
shall, in accordance with procedures to be issued by the Director in 
consultation with the congressional intelligence committees, include in 
the National Intelligence Program budget a separate account for the 
Office of Inspector General of the National Intelligence Authority.

SEC. 142. OMBUDSMAN OF THE NATIONAL INTELLIGENCE AUTHORITY.

    (a) Ombudsman of National Intelligence Authority.--There is within 
the National Intelligence Authority an Ombudsman of the National 
Intelligence Authority who shall be appointed by the National 
Intelligence Director.
    (b) Duties.--The Ombudsman of the National Intelligence Authority 
shall--
            (1) counsel, arbitrate, or offer recommendations on, and 
        have the authority to initiate inquiries into, real or 
        perceived problems of politicization, biased reporting, or lack 
        of objective analysis within the National Intelligence 
        Authority, or any element of the intelligence community within 
        the National Intelligence Program, or regarding any analysis of 
        national intelligence by any element of the intelligence 
        community;
            (2) monitor the effectiveness of measures taken to deal 
        with real or perceived politicization, biased reporting, or 
        lack of objective analysis within the Authority, or any element 
        of the intelligence community within the National Intelligence 
        Program, or regarding any analysis of national intelligence by 
        any element of the intelligence community; and
            (3) conduct reviews of the analytic product or products of 
        the Authority, or any element of the intelligence community 
        within the National Intelligence Program, or of any analysis of 
        national intelligence by any element of the intelligence 
        community, with such reviews to be conducted so as to ensure 
        that analysis is timely, objective, independent of political 
        considerations, and based upon all sources available to the 
        intelligence community.
    (c) Analytic Review Unit.--(1) There is within the Office of the 
Ombudsman of the National Intelligence Authority an Analytic Review 
Unit.
    (2) The Analytic Review Unit shall assist the Ombudsman of the 
National Intelligence Authority in performing the duties and 
responsibilities of the Ombudsman set forth in subsection (b)(3).
    (3) The Ombudsman shall provide the Analytic Review Unit a staff 
who possess expertise in intelligence analysis that is appropriate for 
the function of the Unit.
    (4) In assisting the Ombudsman, the Analytic Review Unit shall, 
subject to the direction and control of the Ombudsman, conduct detailed 
evaluations of intelligence analysis by the following:
            (A) The National Intelligence Council.
            (B) The elements of the intelligence community within the 
        National Intelligence Program.
            (C) To the extent involving the analysis of national 
        intelligence, other elements of the intelligence community.
            (D) The divisions, offices, programs, officers, and 
        employees of the elements specified in subparagraphs (B) and 
        (C).
    (5) The results of the evaluations under paragraph (4) shall be 
provided to the congressional intelligence committees and, upon 
request, to appropriate heads of other departments, agencies, and 
elements of the executive branch.
    (d) Access to Information.--In order to carry out the duties 
specified in subsection (c), the Ombudsman of the National Intelligence 
Authority shall, unless otherwise directed by the President, have 
access to all analytic products, field reports, and raw intelligence of 
any element of the intelligence community, and to any reports or other 
material of an Inspector General, that might be pertinent to a matter 
under consideration by the Ombudsman.
    (e) Annual Reports.--The Ombudsman of the National Intelligence 
Authority shall submit to the National Intelligence Director and the 
congressional intelligence committees on an annual basis a report that 
includes--
            (1) the assessment of the Ombudsman of the current level of 
        politicization, biased reporting, or lack of objective analysis 
        within the National Intelligence Authority, or any element of 
        the intelligence community within the National Intelligence 
        Program, or regarding any analysis of national intelligence by 
        any element of the intelligence community;
            (2) such recommendations for remedial measures as the 
        Ombudsman considers appropriate; and
            (3) an assessment of the effectiveness of remedial measures 
        previously taken within the intelligence community on matters 
        addressed by the Ombudsman.
    (f) Referral of Certain Matters for Investigation.--In addition to 
carrying out activities under this section, the Ombudsman of the 
National Intelligence Authority may refer serious cases of misconduct 
related to politicization of intelligence information, biased 
reporting, or lack of objective analysis within the intelligence 
community to the Inspector General of the National Intelligence 
Authority for investigation.

SEC. 143. NATIONAL COUNTERTERRORISM CENTER.

    (a) National Counterterrorism Center.--There is within the National 
Intelligence Authority a National Counterterrorism Center.
    (b) Director of National Counterterrorism Center.--(1) There is a 
Director of the National Counterterrorism Center, who shall be the head 
of the National Counterterrorism Center, and who shall be appointed by 
the President, by and with the advice and consent of the Senate.
    (2) Any individual nominated for appointment as the Director 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.
    (3) The individual serving as the Director of the National 
Counterterrorism Center may not, while so serving, serve in any 
capacity in any other element of the intelligence community, except to 
the extent that the individual serving as Director of the National 
Counterterrorism Center is doing so in an acting capacity.
    (c) Supervision.--(1) The Director of the National Counterterrorism 
Center shall report to the National Intelligence Director on--
            (A) the budget and programs of the National 
        Counterterrorism Center; and
            (B) the activities of the Directorate of Intelligence of 
        the National Counterterrorism Center under subsection (g).
    (2) The Director of the National Counterterrorism Center shall 
report to the President and the National Intelligence Director on the 
planning and progress of joint counterterrorism operations.
    (d) Primary Missions.--The primary missions of the National 
Counterterrorism Center shall be as follows:
            (1) To develop and unify strategy for the civilian and 
        military counterterrorism efforts of the United States 
        Government.
            (2) To integrate counterterrorism intelligence activities 
        of the United States Government, both inside and outside the 
        United States.
            (3) To develop interagency counterterrorism plans, which 
        plans shall--
                    (A) involve more than one department, agency, or 
                element of the executive branch (unless otherwise 
                directed by the President); and
                    (B) include the mission, objectives to be achieved, 
                courses of action, parameters for such courses of 
                action, coordination of agency operational activities, 
                recommendations for operational plans, and assignment 
                of departmental or agency responsibilities.
            (4) To ensure that the collection of counterterrorism 
        intelligence, and the conduct of counterterrorism operations, 
        by the United States Government are informed by the analysis of 
        all-source intelligence.
    (e) Duties and Responsibilities of Director of National 
Counterterrorism Center.--Notwithstanding any other provision of law, 
at the direction of the President, the National Security Council, and 
the National Intelligence Director, the Director of the National 
Counterterrorism Center shall--
            (1) serve as the principal adviser to the President and the 
        National Intelligence Director on joint operations relating to 
        counterterrorism;
            (2) provide unified strategic direction for the civilian 
        and military counterterrorism efforts of the United States 
        Government and for the effective integration and deconfliction 
        of counterterrorism intelligence and operations across agency 
        boundaries, both inside and outside the United States;
            (3) advise the President and the National Intelligence 
        Director on the extent to which the counterterrorism program 
        recommendations and budget proposals of the departments, 
        agencies, and elements of the United States Government conform 
        to the priorities established by the President and the National 
        Security Council;
            (4) in accordance with subsection (f), concur in, or advise 
        the President on, the selections of personnel to head the 
        operating entities of the United States Government with 
        principal missions relating to counterterrorism; and
            (5) perform such other duties as the National Intelligence 
        Director may prescribe or are prescribed by law.
    (f) Role of Director of National Counterterrorism Center 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 the National Counterterrorism Center before appointing an 
individual to fill the vacancy or recommending to the President an 
individual for nomination to fill the vacancy. If the Director does not 
concur in the recommendation, the head of the department or agency 
concerned may fill the vacancy or make the recommendation to the 
President (as the case may be) without the concurrence of the Director, 
but shall notify the President that the Director does not concur in the 
appointment or recommendation (as the case may be).
    (2) Paragraph (1) applies to the following positions:
            (A) The Director of the Central Intelligence Agency's 
        Counterterrorist Center.
            (B) The Assistant Director of the Federal Bureau of 
        Investigation in charge of the Counterterrorism Division.
            (C) The Coordinator for Counterterrorism of the Department 
        of State.
            (D) The head of such other operating entities of the United 
        States Government having principal missions relating to 
        counterterrorism as the President may designate for purposes of 
        this subsection.
    (3) The President shall notify Congress of the designation of an 
operating entity of the United States Government under paragraph (2)(D) 
not later than 30 days after the date of such designation.
    (g) Directorate of Intelligence.--(1) The Director of the National 
Counterterrorism Center shall establish and maintain within the 
National Counterterrorism Center a Directorate of Intelligence.
    (2) The Directorate shall utilize the capabilities of the Terrorist 
Threat Integration Center (TTIC) transferred to the Directorate by 
section 323 and such other capabilities as the Director of the National 
Counterterrorism Center considers appropriate.
    (3) The Directorate shall have primary responsibility within the 
United States Government for analysis of terrorism and terrorist 
organizations from all sources of intelligence, whether collected 
inside or outside the United States.
    (4) The Directorate shall--
            (A) be the principal repository within the United States 
        Government for all-source information on suspected terrorists, 
        their organizations, and their capabilities;
            (B) propose intelligence collection requirements for action 
        by elements of the intelligence community inside and outside 
        the United States;
            (C) have primary responsibility within the United States 
        Government for net assessments and warnings about terrorist 
        threats, which assessments and warnings shall be based on a 
        comparison of terrorist intentions and capabilities with 
        assessed national vulnerabilities and countermeasures; and
            (D) perform such other duties and functions as the Director 
        of the National Counterterrorism Center may prescribe.
    (h) Directorate of Planning.--(1) The Director of the National 
Counterterrorism Center shall establish and maintain within the 
National Counterterrorism Center a Directorate of Planning.
    (2) The Directorate shall have primary responsibility for 
developing interagency counterterrorism plans, as described in 
subsection (d)(3).
    (3) The Directorate shall--
            (A) provide guidance, and develop strategy and interagency 
        plans, to counter terrorist activities based on policy 
        objectives and priorities established by the National Security 
        Council;
            (B) develop interagency plans under subparagraph (A) 
        utilizing input from personnel in other departments, agencies, 
        and elements of the United States Government who have expertise 
        in the priorities, functions, assets, programs, capabilities, 
        and operations of such departments, agencies, and elements with 
        respect to counterterrorism;
            (C) assign responsibilities for counterterrorism operations 
        to the departments and agencies of the United States Government 
        (including the Department of Defense, the Central Intelligence 
        Agency, the Federal Bureau of Investigation, the Department of 
        Homeland Security, and other departments and agencies of the 
        United States Government), consistent with the authorities of 
        such departments and agencies;
            (D) monitor the implementation of operations assigned under 
        subparagraph (C) and update interagency plans for such 
        operations as necessary;
            (E) report to the President and the National Intelligence 
        Director on the compliance of the departments, agencies, and 
        elements of the United States with the plans developed under 
        subparagraph (A); and
            (F) perform such other duties and functions as the Director 
        of the National Counterterrorism Center may prescribe.
    (4) The Directorate may not direct the execution of operations 
assigned under paragraph (3).
    (i) Staff.--(1) The National Intelligence Director may appoint 
deputy directors of the National Counterterrorism Center to oversee 
such portions of the operations of the Center as the National 
Intelligence Director considers appropriate.
    (2) To assist the Director of the National Counterterrorism Center 
in fulfilling the duties and responsibilities of the Director of the 
National Counterterrorism Center under this section, the National 
Intelligence Director shall employ in the National Counterterrorism 
Center a professional staff having an expertise in matters relating to 
such duties and responsibilities.
    (3) In providing for a professional staff for the National 
Counterterrorism Center under paragraph (2), the National Intelligence 
Director may establish as positions in the excepted service such 
positions in the Center as the National Intelligence Director considers 
appropriate.
    (4) The National Intelligence Director shall ensure that the 
analytical staff of the National Counterterrorism Center is comprised 
primarily of experts from elements in the intelligence community and 
from such other personnel in the United States Government as the 
National Intelligence Director considers appropriate.
    (5)(A) In order to meet the requirements in paragraph (4), the 
National Intelligence Director shall, from time to time--
            (i) specify the transfers, assignments, and details of 
        personnel funded within the National Intelligence Program to 
        the National Counterterrorism Center from any other element of 
        the intelligence community that the National Intelligence 
        Director considers appropriate; and
            (ii) in the case of personnel from a department, agency, or 
        element of the United States Government and not funded within 
        the National Intelligence Program, request the transfer, 
        assignment, or detail of such personnel from the department, 
        agency, or other element concerned.
    (B)(i) The head of an element of the intelligence community shall 
promptly effect any transfer, assignment, or detail of personnel 
specified by the National Intelligence Director under subparagraph 
(A)(i).
    (ii) The head of a department, agency, or element of the United 
States Government receiving a request for transfer, assignment, or 
detail of personnel under subparagraph (A)(ii) shall, to the extent 
practicable, approve the request.
    (6) Personnel employed in or assigned or detailed to the National 
Counterterrorism Center under this subsection shall be under the 
authority, direction, and control of the Director of the National 
Counterterrorism Center on all matters for which the Center has been 
assigned responsibility and for all matters related to the 
accomplishment of the missions of the Center.
    (7) Performance evaluations of personnel assigned or detailed to 
the National Counterterrorism Center under this subsection shall be 
undertaken by the supervisors of such personnel at the Center.
    (8) The supervisors of the staff of the National Counterterrorism 
Center may, with the approval of the National Intelligence Director, 
reward the staff of the Center for meritorious performance by the 
provision of such performance awards as the National Intelligence 
Director shall prescribe.
    (9) The National Intelligence Director may delegate to the Director 
of the National Counterterrorism Center any responsibility, power, or 
authority of the National Intelligence Director under paragraphs (1) 
through (8).
    (10) The National Intelligence Director shall ensure that the staff 
of the National Counterterrorism Center has access to all databases 
maintained by the elements of the intelligence community that are 
relevant to the duties of the Center.
    (j) Support and Cooperation of Other Agencies.--(1) The elements of 
the intelligence community and the other departments, agencies, and 
elements of the United States Government shall support, assist, and 
cooperate with the National Counterterrorism Center in carrying out its 
missions under this section.
    (2) The support, assistance, and cooperation of a department, 
agency, or element of the United States Government under this 
subsection shall include, but not be limited to--
            (A) the implementation of interagency plans for operations, 
        whether foreign or domestic, that are developed by the National 
        Counterterrorism Center in a manner consistent with the laws 
        and regulations of the United States and consistent with the 
        limitation in subsection (h)(4);
            (B) cooperative work with the Director of the National 
        Counterterrorism Center to ensure that ongoing operations of 
        such department, agency, or element do not conflict with joint 
        operations planned by the Center;
            (C) reports, upon request, to the Director of the National 
        Counterterrorism Center on the progress of such department, 
        agency, or element in implementing responsibilities assigned to 
        such department, agency, or element through joint operations 
        plans; and
            (D) the provision to the analysts of the National 
        Counterterrorism Center electronic access in real time to 
        information and intelligence collected by such department, 
        agency, or element that is relevant to the missions of the 
        Center.
    (3) In the event of a disagreement between the National 
Intelligence Director and the head of a department, agency, or element 
of the United States Government on a plan developed or responsibility 
assigned by the National Counterterrorism Center under this subsection, 
the National Intelligence Director may either accede to the head of the 
department, agency, or element concerned or notify the President of the 
necessity of resolving the disagreement.

SEC. 144. NATIONAL INTELLIGENCE CENTERS.

    (a) National Intelligence Centers.--(1) The National Intelligence 
Director may establish within the National Intelligence Authority 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 established under this 
section shall be assigned an area of intelligence responsibility.
    (3) National intelligence centers shall be established at the 
direction of the President, as prescribed by law, or upon the 
initiative of the National Intelligence Director.
    (b) Establishment of Centers.--(1) In establishing a national 
intelligence center, the National Intelligence Director shall assign 
lead responsibility for administrative support 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 Congress of the establishment of each 
national intelligence center before the date of the establishment of 
such center.
    (c) Directors of Centers.--(1) Each national intelligence center 
shall have as its head a Director who shall be appointed by the 
National Intelligence Director for that purpose.
    (2) The Director of a national intelligence center shall serve as 
the principal adviser to the National Intelligence Director on 
intelligence matters with respect to the area of intelligence 
responsibility assigned to the center.
    (3) In carrying out duties under paragraph (2), the Director of a 
national intelligence center shall--
            (A) manage the operations of the center;
            (B) coordinate the provision of administration and support 
        by the element of the intelligence community with lead 
        responsibility for the center under subsection (b)(1);
            (C) submit budget and personnel requests for the center to 
        the National Intelligence Director;
            (D) seek such assistance from other departments, agencies, 
        and elements of the United States Government as is needed to 
        fulfill the mission of the center; and
            (E) advise the National Intelligence Director of the 
        information technology, personnel, and other requirements of 
        the center for the performance of its mission.
    (4) The National Intelligence Director shall ensure that the 
Director of a national intelligence center has sufficient authority, 
direction, and control to effectively accomplish the mission of the 
center.
    (d) Mission of Centers.--Pursuant to the direction of the National 
Intelligence Director, each national intelligence center shall, in the 
area of intelligence responsibility assigned to the center by the 
Director pursuant to intelligence priorities established by the 
National Security Council--
            (1) have primary responsibility for providing all-source 
        analysis of intelligence based upon foreign intelligence 
        gathered both abroad and domestically;
            (2) have primary responsibility for identifying and 
        proposing to the National Intelligence Director intelligence 
        collection and analysis requirements;
            (3) have primary responsibility for net assessments and 
        warnings;
            (4) ensure that appropriate officials of the United States 
        Government and other appropriate officials have access to a 
        variety of intelligence assessments and analytical views; and
            (5) perform such other duties as the National Intelligence 
        Director shall specify.
    (e) Information Sharing.--(1) The National Intelligence Director 
shall ensure that the Directors of the national intelligence centers 
and the other elements of the intelligence community undertake 
appropriate sharing of intelligence analysis and plans for operations 
in order to facilitate the activities of the centers.
    (2) In order to facilitate information sharing under paragraph (1), 
the Directors of the national intelligence centers shall--
            (A) report directly to the National Intelligence Director 
        regarding their activities under this section; and
            (B) coordinate with the Principal Deputy National 
        Intelligence Director regarding such activities.
    (f) Staff.--(1) In providing for a professional staff for a 
national intelligence center, the National Intelligence Director may 
establish as positions in the excepted service such positions in the 
center as the National Intelligence Director considers appropriate.
    (2)(A) The National Intelligence Director shall, from time to 
time--
            (i) specify the transfers, assignments, and details of 
        personnel funded within the National Intelligence Program to a 
        national intelligence center from any other element of the 
        intelligence community that the National Intelligence Director 
        considers appropriate; and
            (ii) in the case of personnel from a department, agency, or 
        element of the United States Government not funded within the 
        National Intelligence Program, request the transfer, 
        assignment, or detail of such personnel from the department, 
        agency, or other element concerned.
    (B)(i) The head of an element of the intelligence community shall 
promptly effect any transfer, assignment, or detail of personnel 
specified by the National Intelligence Director under subparagraph 
(A)(i).
    (ii) The head of a department, agency, or element of the United 
States Government receiving a request for transfer, assignment, or 
detail of personnel under subparagraph (A)(ii) shall, to the extent 
practicable, approve the request.
    (3) Personnel employed in or assigned or detailed to a national 
intelligence center under this subsection shall be under the authority, 
direction, and control of the Director 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.
    (4) 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.
    (5) The supervisors of the staff of a national center may, with the 
approval of the National Intelligence Director, reward the staff of the 
center for meritorious performance by the provision of such performance 
awards as the National Intelligence Director shall prescribe.
    (6) The National Intelligence Director may delegate to the Director 
of a national intelligence center any responsibility, power, or 
authority of the National Intelligence Director under paragraphs (1) 
through (6).
    (7) The Director of a national intelligence center may recommend to 
the National Intelligence Director the reassignment to the home element 
concerned of any personnel previously assigned or detailed to the 
center from another element of the intelligence community.
    (g) Termination.--(1) The National Intelligence Director may 
terminate a national intelligence center if the National Intelligence 
Director determines that the center is no longer required to meet an 
intelligence priority established by the National Security Council.
    (2) The National Intelligence Director shall notify Congress of any 
determination made under paragraph (1) before carrying out such 
determination.

 Subtitle E--Education and Training of Intelligence Community Personnel

SEC. 151. FRAMEWORK FOR CROSS-DISCIPLINARY EDUCATION AND TRAINING.

    The National Intelligence Director shall establish an integrated 
framework that brings together the educational components of the 
intelligence community in order to promote a more effective and 
productive intelligence community through cross-disciplinary education 
and joint training.

SEC. 152. INTELLIGENCE COMMUNITY SCHOLARSHIP PROGRAM.

    (a) Definitions.--In this section:
            (1) Agency.--The term ``agency'' means each element of the 
        intelligence community as determined by the National 
        Intelligence Director.
            (2) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given that 
        term under section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            (3) Program.--The term ``Program'' means the Intelligence 
        Community Scholarship Program established under subsection (b).
    (b) Establishment.--
            (1) In general.--The National Intelligence Director, in 
        consultation with the head of each agency, shall establish a 
        scholarship program (to be known as the ``Intelligence 
        Community Scholarship Program'') to award scholarships to 
        individuals that is designed to recruit and prepare students 
        for civilian careers in the intelligence community to meet the 
        critical needs of the intelligence community agencies.
            (2) Selection of recipients.--
                    (A) Merit and agency needs.--Individuals shall be 
                selected to receive scholarships under this section 
                through a competitive process primarily on the basis of 
                academic merit and the needs of the agency.
                    (B) Demonstrated commitment.--Individuals selected 
                under this section shall have a demonstrated commitment 
                to the field of study for which the scholarship is 
                awarded.
            (3) Contractual agreements.--To carry out the Program the 
        head of each agency shall enter into contractual agreements 
        with individuals selected under paragraph (2) under which the 
        individuals agree to serve as full-time employees of the 
        agency, for the period described in subsection (h)(1), in 
        positions needed by the agency and for which the individuals 
        are qualified, in exchange for receiving a scholarship.
    (c) Eligibility.--In order to be eligible to participate in the 
Program, an individual shall--
            (1) be enrolled or accepted for enrollment as a full-time 
        student at an institution of higher education and be pursuing 
        or intend to pursue undergraduate or graduate education in an 
        academic field or discipline described in the list made 
        available under subsection (e);
            (2) be a United States citizen; and
            (3) at the time of the initial scholarship award, not be an 
        employee (as defined under section 2105 of title 5, United 
        States Code).
    (d) Application.-- An individual seeking a scholarship under this 
section shall submit an application to the National Intelligence 
Director at such time, in such manner, and containing such information, 
agreements, or assurances as the Director may require.
    (e) Programs and Fields of Study.--The National Intelligence 
Director shall--
            (1) make publicly available a list of academic programs and 
        fields of study for which scholarships under the Program may be 
        used; and
            (2) update the list as necessary.
    (f) Scholarships.--
            (1) In general.--The National Intelligence Director may 
        provide a scholarship under the Program for an academic year if 
        the individual applying for the scholarship has submitted to 
        the Director, as part of the application required under 
        subsection (d), a proposed academic program leading to a degree 
        in a program or field of study on the list made available under 
        subsection (e).
            (2) Limitation on years.--An individual may not receive a 
        scholarship under this section for more than 4 academic years, 
        unless the National Intelligence Director grants a waiver.
            (3) Student responsibilities.--Scholarship recipients shall 
        maintain satisfactory academic progress.
            (4) Amount.--The dollar amount of a scholarship under this 
        section for an academic year shall be determined under 
        regulations issued by the National Intelligence Director, but 
        shall in no case exceed the cost of tuition, fees, and other 
        authorized expenses as established by the Director.
            (5) Use of scholarships.--A scholarship provided under this 
        section may be expended for tuition, fees, and other authorized 
        expenses as established by the National Intelligence Director 
        by regulation.
            (6) Payment to institution of higher education.--The 
        National Intelligence Director may enter into a contractual 
        agreement with an institution of higher education under which 
        the amounts provided for a scholarship under this section for 
        tuition, fees, and other authorized expenses are paid directly 
        to the institution with respect to which the scholarship is 
        provided.
    (g) Special Consideration for Current Employees.--
            (1) Set aside of scholarships.--Notwithstanding paragraphs 
        (1) and (3) of subsection (c), 10 percent of the scholarships 
        awarded under this section shall be set aside for individuals 
        who are employees of agencies on the date of enactment of this 
        section to enhance the education of such employees in areas of 
        critical needs of agencies.
            (2) Full- or part-time education.--Employees who are 
        awarded scholarships under paragraph (1) shall be permitted to 
        pursue undergraduate or graduate education under the 
        scholarship on a full-time or part-time basis.
    (h) Employee Service.--
            (1) Period of service.--Except as provided in subsection 
        (j)(2), the period of service for which an individual shall be 
        obligated to serve as an employee of the agency is 24 months 
        for each academic year for which a scholarship under this 
        section is provided. Under no circumstances shall the total 
        period of obligated service be more than 8 years.
            (2) Beginning of service.--
                    (A) In general.--Except as provided in subparagraph 
                (B), obligated service under paragraph (1) shall begin 
                not later than 60 days after the individual obtains the 
                educational degree for which the scholarship was 
                provided.
                    (B) Deferral.--In accordance with regulations 
                established by the National Intelligence Director, the 
                Director or designee may defer the obligation of an 
                individual to provide a period of service under 
                paragraph (1) if the Director or designee determines 
                that such a deferral is appropriate.
    (i) Repayment.--
            (1) In general.--Scholarship recipients who fail to 
        maintain a high level of academic standing, as defined by the 
        National Intelligence Director, who are dismissed from their 
        educational institutions for disciplinary reasons, or who 
        voluntarily terminate academic training before graduation from 
        the educational program for which the scholarship was awarded, 
        shall be in breach of their contractual agreement and, in lieu 
        of any service obligation arising under such agreement, shall 
        be liable to the United States for repayment within 1 year 
        after the date of default of all scholarship funds paid to them 
        and to the institution of higher education on their behalf 
        under the agreement, except as provided in subsection (j)(2). 
        The repayment period may be extended by the Director when 
        determined to be necessary, as established by regulation.
            (2) Liability.--Scholarship recipients who, for any reason, 
        fail to begin or complete their service obligation after 
        completion of academic training, or fail to comply with the 
        terms and conditions of deferment established by the National 
        Intelligence Director under subsection (h)(2)(B), shall be in 
        breach of their contractual agreement. When recipients breach 
        their agreements for the reasons stated in the preceding 
        sentence, the recipient shall be liable to the United States 
        for an amount equal to--
                    (A) the total amount of scholarships received by 
                such individual under this section; and
                    (B) the interest on the amounts of such awards 
                which would be payable if at the time the awards were 
                received they were loans bearing interest at the 
                maximum legal prevailing rate, as determined by the 
                Treasurer of the United States, multiplied by 3.
    (j) Cancellation, Waiver, or Suspension of Obligation.--
            (1) Cancellation.--Any obligation of an individual incurred 
        under the Program (or a contractual agreement thereunder) for 
        service or payment shall be canceled upon the death of the 
        individual.
            (2) Waiver or suspension.--The National Intelligence 
        Director shall prescribe regulations to provide for the partial 
        or total waiver or suspension of any obligation of service or 
        payment incurred by an individual under the Program (or a 
        contractual agreement thereunder) whenever compliance by the 
        individual is impossible or would involve extreme hardship to 
        the individual, or if enforcement of such obligation with 
        respect to the individual would be contrary to the best 
        interests of the Government.
    (k) Regulations.--The National Intelligence Director shall 
prescribe regulations necessary to carry out this section.

 Subtitle F--Additional Authorities of National Intelligence Authority

SEC. 161. USE OF APPROPRIATED FUNDS.

    (a) Disposal of Property.--(1) If specifically authorized to 
dispose of real property of the National Intelligence Authority under 
any law enacted after the date of the enactment of this Act, the 
National Intelligence Director shall, subject to paragraph (2), 
exercise such authority in strict compliance with subchapter IV of 
chapter 5 of title 40, United States Code.
    (2) The Director shall deposit the proceeds of any disposal of 
property of the National Intelligence Authority into the miscellaneous 
receipts of the Treasury in accordance with section 3302(b) of title 
31, United States Code.
    (b) Gifts.--Gifts or donations of services or property of or for 
the National Intelligence Authority may not be accepted, used, or 
disposed of unless specifically permitted in advance in an 
appropriations Act and only under the conditions and for the purposes 
specified in such appropriations Act.

SEC. 162. ACQUISITION AND FISCAL AUTHORITIES.

    (a) Acquisitions of Major Systems.--(1) For each intelligence 
program for the acquisition of a major system, the National 
Intelligence Director shall--
            (A) require the development and implementation of a program 
        management plan that includes cost, schedule, and performance 
        goals and program milestone criteria;
            (B) subject to paragraph (4), serve as the exclusive 
        milestone decision authority; and
            (C) periodically--
                    (i) review and assess the progress made toward the 
                achievement of the goals and milestones established in 
                such plan; and
                    (ii) submit to Congress a report on the results of 
                such review and assessment.
    (2) The National Intelligence Director shall prescribe guidance for 
the development and implementation of program management plans under 
this subsection. In prescribing such guidance, the Director shall 
review Department of Defense guidance on program management plans for 
Department of Defense programs for the acquisition of major systems 
and, to the extent feasible, incorporate the principles of the 
Department of Defense guidance into the Director's guidance under this 
subsection.
    (3) Nothing in this subsection may be construed to limit the 
authority of the National Intelligence Director to delegate to any 
other official any authority to perform the responsibilities of the 
Director under this subsection.
    (4)(A) The authority conferred by paragraph (1)(B) shall not apply 
to Department of Defense programs until the National Intelligence 
Director, in consultation with the Secretary of Defense, determines 
that the National Intelligence Authority has the personnel and 
capability to fully and effectively carry out such authority.
    (B) The National Intelligence Director may assign any authority 
under this subsection to the Secretary of Defense. The assignment of 
such authority shall be made pursuant to a memorandum of understanding 
between the Director and the Secretary.
    (5) In this subsection:
            (A) The term ``intelligence program'', with respect to the 
        acquisition of a major system, means a program that--
                    (i) is carried out to acquire such major system for 
                an element of the intelligence community; and
                    (ii) is funded in whole out of amounts available 
                for the National Intelligence Program.
            (B) The term ``major system'' has the meaning given such 
        term in section 4(9) of the Federal Property and Administrative 
        Services Act of 1949 (41 U.S.C. 403(9)).
    (b) Availability of Funds.--Notwithstanding any other provision of 
law (other than the provisions of this Act), sums appropriated or 
otherwise made available to the National Intelligence Authority may be 
expended for purposes necessary to carry out its functions, including 
any function performed by the National Intelligence Authority that is 
described in section 8(a) of the Central Intelligence Agency Act of 
1949 (50 U.S.C. 403j(a)).
    (c) Relationship of Director's Authority to Other Laws on 
Acquisition and Management of Property and Services.--Section 113(e) of 
title 40, United States Code, is amended--
            (A) by striking ``or'' at the end of paragraph (18);
            (B) by striking the period at the end of paragraph (19) and 
        inserting ``; or''; and
            (C) by adding at the end the following new paragraph:
            ``(20) the National Intelligence Director.''.
    (d) National Intelligence Director Report on Enhancement of NSA and 
NGIA Acquisition Authorities.--Not later than one year after the date 
of the enactment of this Act, the National Intelligence Director 
shall--
            (1) review--
                    (A) the acquisition authority of the Director of 
                the National Security Agency; and
                    (B) the acquisition authority of the Director of 
                the National Geospatial-Intelligence Agency; and
            (2) submit to the Committee on Governmental Affairs of the 
        Senate and the Committee on Government Reform of the House of 
        Representatives a report setting forth any recommended 
        enhancements of the acquisition authorities of the Director of 
        the National Security Agency and the Director of the National 
        Geospatial-Intelligence Agency that the National Intelligence 
        Director considers necessary.
    (e) Comptroller General Report on Acquisition Policies and 
Procedures.--Not later than two years after the date of the enactment 
of this Act, the Comptroller General of the United States shall submit 
to Congress a report on the extent to which the policies and procedures 
adopted for managing the acquisition of major systems for national 
intelligence purposes, as identified by the National Intelligence 
Director, are likely to result in successful cost, schedule, and 
performance outcomes.

SEC. 163. PERSONNEL MATTERS.

    (a) In General.--In addition to the authorities provided in section 
114, the National Intelligence Director may exercise with respect to 
the personnel of the National Intelligence Authority any authority of 
the Director of the Central Intelligence Agency with respect to the 
personnel of the Central Intelligence Agency under the Central 
Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), and other 
applicable provisions of law, as of the date of the enactment of this 
Act to the same extent, and subject to the same conditions and 
limitations, that the Director of the Central Intelligence Agency may 
exercise such authority with respect to personnel of the Central 
Intelligence Agency.
    (b) Rights and Protections of Employees and Applicants.--Employees 
and applicants for employment of the National Intelligence Authority 
shall have the same rights and protections under the Authority as 
employees of the Central Intelligence Agency have under the Central 
Intelligence Agency Act of 1949, and other applicable provisions of 
law, as of the date of the enactment of this Act.

SEC. 164. ETHICS MATTERS.

    (a) Political Service of Personnel.--Section 7323(b)(2)(B)(i) of 
title 5, United States Code, is amended--
            (1) in subclause (XII), by striking ``or'' at the end; and
            (2) by inserting after subclause (XIII) the following new 
        subclause:
                    ``(XIV) the National Intelligence Authority; or''.
    (b) Deletion of Information About Foreign Gifts.--Section 
7342(f)(4) of title 5, United States Code, is amended--
            (1) by inserting ``(A)'' after ``(4)'';
            (2) in subparagraph (A), as so designated, by striking 
        ``the Director of Central Intelligence'' and inserting ``the 
        Director of the Central Intelligence Agency''; and
            (3) by adding at the end the following new subparagraph:
    ``(B) In transmitting such listings for the National Intelligence 
Authority, the National Intelligence Director may delete the 
information described in subparagraphs (A) and (C) of paragraphs (2) 
and (3) if the Director certifies in writing to the Secretary of State 
that the publication of such information could adversely affect United 
States intelligence sources.''.
    (c) Exemption from Financial Disclosures.--Section 105(a)(1) of the 
Ethics in Government Act (5 U.S.C. App.) is amended by inserting ``the 
National Intelligence Authority,'' before ``the Central Intelligence 
Agency''.

        TITLE II--OTHER IMPROVEMENTS OF INTELLIGENCE ACTIVITIES

          Subtitle A--Improvements of Intelligence Activities

SEC. 201. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE FUNDING 
              INFORMATION.

    (a) Amounts Requested Each Fiscal Year.--The President shall 
disclose to the public for each fiscal year after fiscal year 2005 the 
aggregate amount of appropriations requested in the budget of the 
President for such fiscal year for the National Intelligence Program.
    (b) Amounts Authorized and Appropriated Each Fiscal Year.--Congress 
shall disclose to the public for each fiscal year after fiscal year 
2005 the aggregate amount of funds authorized to be appropriated, and 
the aggregate amount of funds appropriated, by Congress for such fiscal 
year for the National Intelligence Program.
    (c) Study of Disclosure of Additional Information.--(1) The 
National Intelligence Director shall conduct a study to assess the 
advisability of disclosing to the public amounts as follows:
            (A) The aggregate amount of appropriations requested in the 
        budget of the President for each fiscal year for each element 
        of the intelligence community.
            (B) The aggregate amount of funds authorized to be 
        appropriated, and the aggregate amount of funds appropriated, 
        by Congress for each fiscal year for each element of the 
        intelligence community.
    (2) The study under paragraph (1) shall--
            (A) address whether or not the disclosure to the public of 
        the information referred to in that paragraph would harm the 
        national security of the United States; and
            (B) take into specific account concerns relating to the 
        disclosure of such information for each element of the 
        intelligence community.
    (3) Not later than 180 days after the effective date of this 
section, the Director shall submit to Congress a report on the study 
under paragraph (1).

SEC. 202. MERGER OF HOMELAND SECURITY COUNCIL INTO NATIONAL SECURITY 
              COUNCIL.

    (a) Merger of Homeland Security Council Into National Security 
Council.--Section 101 of the National Security Act of 1947 (50 U.S.C. 
402) is amended--
            (1) in the fourth undesignated paragraph of subsection (a), 
        by striking clauses (5) and (6) and inserting the following new 
        clauses:
            ``(5) the Attorney General;
            ``(6) the Secretary of Homeland Security;''; and
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``and'' at the 
                end;
                    (B) in paragraph (2), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following new 
                paragraphs:
            ``(3) assess the objectives, commitments, and risks of the 
        United States in the interests of homeland security and make 
        recommendations to the President based on such assessments;
            ``(4) oversee and review the homeland security policies of 
        the Federal Government and make recommendations to the 
        President based on such oversight and review; and
            ``(5) perform such other functions as the President may 
        direct.''.
    (c) Repeal of Superseded Authority.--(1) Title IX of the Homeland 
Security Act of 2002 (6 U.S.C. 491 et seq.) is repealed.
    (2) The table of contents for that Act is amended by striking the 
items relating to title IX.

SEC. 203. JOINT INTELLIGENCE COMMUNITY COUNCIL.

    Title I of the National Security Act of 1947 (50 U.S.C. 401 et 
seq.) is amended by inserting after section 101 the following new 
section:

                 ``joint intelligence community council

    ``Sec. 101A. (a) Joint Intelligence Community Council.--There is a 
Joint Intelligence Community Council.
    ``(b) Membership.--The Joint Intelligence Community Council shall 
consist of the following:
            ``(1) The National Intelligence Director, who shall chair 
        the Council.
            ``(2) The Secretary of State.
            ``(3) The Secretary of the Treasury.
            ``(4) The Secretary of Defense.
            ``(5) The Attorney General.
            ``(6) The Secretary of Energy.
            ``(7) The Secretary of Homeland Security.
            ``(8) Such other officers of the United States Government 
        as the President may designate from time to time.
    ``(c) Functions.--The Joint Intelligence Community Council shall 
assist the National Intelligence Director to in developing and 
implementing a joint, unified national intelligence effort to protect 
national security by--
            ``(1) advising the Director on establishing requirements, 
        developing budgets, financial management, and monitoring and 
        evaluating the performance of the intelligence community, and 
        on such other matters as the Director may request; and
            ``(2) ensuring the timely execution of programs, policies, 
        and directives established or developed by the Director.
    ``(d) Meetings.--The Joint Intelligence Community Council shall 
meet upon the request of the National Intelligence Director.''.

SEC. 204. 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, under Director 
        Robert Mueller, 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) Improvement of Intelligence Capabilities.--The Director of the 
Federal Bureau of Investigation shall continue efforts to improve the 
intelligence capabilities of the Federal Bureau of Investigation and to 
develop and maintain within the Bureau a national intelligence 
workforce.
    (c) National Intelligence Workforce.--(1) In developing and 
maintaining a national intelligence workforce under subsection (b), 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 intelligence workforce consisting 
of agents, analysts, linguists, and surveillance specialists who are 
recruited, trained, and rewarded in a manner which ensures the 
existence within the Federal Bureau of Investigation an institutional 
culture with substantial expertise in, and commitment to, the 
intelligence mission of the Bureau.
    (2) 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 intelligence matters.
    (3) 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 intelligence matters.
    (4) The Director shall--
            (A) establish career positions in national intelligence 
        matters for agents and analysts of the Bureau; and
            (B) in furtherance of the requirement under subparagraph 
        (A) and to the maximum extent practicable, afford agents and 
        analysts of the Bureau the opportunity to work in the career 
        specialty selected by such agents and analysts over their 
        entire career with the Bureau.
    (5) The Director 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 mission of the Bureau.
    (6) The Director shall, to the maximum extent practicable, afford 
the analysts of the Bureau training and career opportunities 
commensurate with the training and career opportunities afforded 
analysts in other elements of the intelligence community.
    (7) Commencing as soon as practicable after the date of the 
enactment of this Act, each direct supervisor of a Field Intelligence 
Group, and each Bureau Operational Manager at the Section Chief and 
Assistant Special Agent in Charge (ASAC) level and above, shall be a 
certified intelligence officer.
    (8) The Director shall, to the maximum extent practicable, ensure 
that the successful discharge of advanced training courses, and of one 
or more assignments to another element of the intelligence community, 
is a precondition to advancement to higher level intelligence 
assignments within the Bureau.
    (d) Field Office Matters.--(1) In improving the intelligence 
capabilities of the Federal Bureau of Investigation under subsection 
(b), the Director of the Federal Bureau of Investigation shall ensure 
that each Field Intelligence Group reports directly to a field office 
senior manager responsible for intelligence matters.
    (2) The Director 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 mission of the 
Bureau.
    (3) The Director shall require that each Field Intelligence Group 
manager ensures the integration of analysts, agents, linguists, and 
surveillance personnel in the field.
    (e) Budget Matters.--The Director of the Federal Bureau of 
Investigation shall, in consultation with the Director of the Office of 
Management and Budget, modify the budget structure of the Federal 
Bureau of Investigation in order to organize the budget according to 
the four principal missions of the Bureau as follows:
            (1) Intelligence.
            (2) Counterterrorism and counterintelligence.
            (3) Criminal Enterprises/Federal Crimes.
            (4) Criminal justice services.
    (f) 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 shall include in each annual program review of the 
Federal Bureau of Investigation 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 12 months thereafter, the Director shall submit to 
Congress a report assessing the qualifications, status, and roles of 
analysts at Bureau headquarters and in the field offices of the Bureau.
    (4) Not later than 180 days after the date of the enactment of this 
Act, and every 12 months thereafter, the Director shall submit to 
Congress a report on the progress of the Bureau in implementing 
information-sharing principles.

SEC. 205. FEDERAL BUREAU OF INVESTIGATION INTELLIGENCE CAREER SERVICE.

    (a) Short Title.--This section may be cited as the ``Federal Bureau 
of Investigation Intelligence Career Service Authorization Act of 
2005''.
    (b) Establishment of Federal Bureau of Investigation Intelligence 
Career Service.--
            (1) In general.--The Director of the Federal Bureau of 
        Investigation, in consultation with the Director of the Office 
        of Personnel Management--
                    (A) may establish positions for intelligence 
                analysts, without regard to chapter 51 of title 5, 
                United States Code;
                    (B) shall prescribe standards and procedures for 
                establishing and classifying such positions; and
                    (C) may fix the rate of basic pay for such 
                positions, without regard to subchapter III of chapter 
                53 of title 5, United States Code, if the rate of pay 
                is not greater than the rate of basic pay payable for 
                level IV of the Executive Schedule.
            (2) Levels of performance.--Any performance management 
        system established for intelligence analysts shall have at 
        least 1 level of performance above a retention standard.
    (c) Reporting Requirement.--Not less than 60 days before the date 
of the implementation of authorities authorized under this section, the 
Director of the Federal Bureau of Investigation shall submit an 
operating plan describing the Director's intended use of the 
authorities under this section to--
            (1) the Committees on Appropriations of the Senate and the 
        House of Representatives;
            (2) the Committee on Governmental Affairs of the Senate;
            (3) the Committee on Government Reform of the House of 
        Representatives;
            (4) the congressional intelligence committees; and
            (5) the Committees on the Judiciary of the Senate and the 
        House of Representatives.
    (d) Annual Report.--Not later than December 31, 2005, and annually 
thereafter for 4 years, the Director of the Federal Bureau of 
Investigation shall submit an annual report of the use of the permanent 
authorities provided under this section during the preceding fiscal 
year to--
            (1) the Committees on Appropriations of the Senate and the 
        House of Representatives;
            (2) the Committee on Governmental Affairs of the Senate;
            (3) the Committee on Government Reform of the House of 
        Representatives;
            (4) the congressional intelligence committees; and
            (5) the Committees on the Judiciary of the Senate and the 
        House of Representatives.

SEC. 206. INFORMATION SHARING.

    (a) Definitions.--In this section:
            (1) Advisory board.--The term ``Advisory Board'' means the 
        Advisory Board on Information Sharing established under 
        subsection (i).
            (2) Executive council.--The term ``Executive Council'' 
        means the Executive Council on Information Sharing established 
        under subsection (h).
            (3) Homeland security information.--The term ``homeland 
        security information'' means all information, whether 
        collected, produced, or distributed by intelligence, law 
        enforcement, military, homeland security, or other 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 those 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.
            (4) Network.--The term ``Network'' means the Information 
        Sharing Network described under subsection (c).
    (b) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks upon the United States, Congress makes 
the following findings:
            (1) The effective use of information, from all available 
        sources, is essential to the fight against terror and the 
        protection of our homeland. The biggest impediment to all-
        source analysis, and to a greater likelihood of ``connecting 
        the dots'', is resistance to sharing information.
            (2) The United States Government has access to a vast 
        amount of information, including not only traditional 
        intelligence but also other government databases, such as those 
        containing customs or immigration information. However, the 
        United States Government has a weak system for processing and 
        using the information it has.
            (3) In the period preceding September 11, 2001, there were 
        instances of potentially helpful information that was available 
        but that no person knew to ask for; information that was 
        distributed only in compartmented channels, and information 
        that was requested but could not be shared.
            (4) Current security requirements nurture over-
        classification and excessive compartmentalization of 
        information among agencies. Each agency's incentive structure 
        opposes sharing, with risks, including criminal, civil, and 
        administrative sanctions, but few rewards for sharing 
        information.
            (5) The current system, in which each intelligence agency 
        has its own security practices, requires a demonstrated ``need 
        to know'' before sharing. This approach assumes that it is 
        possible to know, in advance, who will need to use the 
        information. An outgrowth of the cold war, such a system 
        implicitly assumes that the risk of inadvertent disclosure 
        outweighs the benefits of wider sharing. Such assumptions are 
        no longer appropriate. Although counterintelligence concerns 
        are still real, the costs of not sharing information are also 
        substantial. The current ``need-to-know'' culture of 
        information protection needs to be replaced with a ``need-to-
        share'' culture of integration.
            (6) A new approach to the sharing of intelligence and 
        homeland security information is urgently needed. An important 
        conceptual model for a new ``trusted information network'' is 
        the Systemwide Homeland Analysis and Resource Exchange (SHARE) 
        Network proposed by a task force of leading professionals 
        assembled by the Markle Foundation and described in reports 
        issued in October 2002 and December 2003.
            (7) No single agency can create a meaningful information 
        sharing system on its own. Alone, each agency can only 
        modernize stovepipes, not replace them. Presidential leadership 
        is required to bring about governmentwide change.
    (c) Information Sharing Network.--
            (1) Establishment.--The President shall establish a trusted 
        information network and secure information sharing environment 
        to promote sharing of intelligence and homeland security 
        information in a manner consistent with national security and 
        the protection of privacy and civil liberties, and based on 
        clearly defined and consistently applied policies and 
        procedures, and valid investigative, analytical or operational 
        requirements.
            (2) Attributes.--The Network shall promote coordination, 
        communication and collaboration of people and information among 
        all relevant Federal departments and agencies, State, tribal, 
        and local authorities, and relevant private sector entities, 
        including owners and operators of critical infrastructure, by 
        using policy guidelines and technologies that support--
                    (A) a decentralized, distributed, and coordinated 
                environment that connects existing systems where 
                appropriate and allows users to share information among 
                agencies, between levels of government, and, as 
                appropriate, with the private sector;
                    (B) the sharing of information in a form and manner 
                that facilitates its use in analysis, investigations 
                and operations;
                    (C) building upon existing systems capabilities 
                currently in use across the Government;
                    (D) utilizing industry best practices, including 
                minimizing the centralization of data and seeking to 
                use common tools and capabilities whenever possible;
                    (E) employing an information access management 
                approach that controls access to data rather than to 
                just networks;
                    (F) facilitating the sharing of information at and 
                across all levels of security by using policy 
                guidelines and technologies that support writing 
                information that can be broadly shared;
                    (G) providing directory services for locating 
                people and information;
                    (H) incorporating protections for individuals' 
                privacy and civil liberties;
                    (I) incorporating strong mechanisms for information 
                security and privacy and civil liberties guideline 
                enforcement in order to enhance accountability and 
                facilitate oversight, including--
                            (i) multifactor authentication and access 
                        control;
                            (ii) strong encryption and data protection;
                            (iii) immutable audit capabilities;
                            (iv) automated policy enforcement;
                            (v) perpetual, automated screening for 
                        abuses of network and intrusions; and
                            (vi) uniform classification and handling 
                        procedures;
                    (J) compliance with requirements of applicable law 
                and guidance with regard to the planning, design, 
                acquisition, operation, and management of information 
                systems; and
                    (K) permitting continuous system upgrades to 
                benefit from advances in technology while preserving 
                the integrity of stored data.
    (d) Immediate Actions.--Not later than 90 days after the date of 
the enactment of this Act, the Director of the Office of Management and 
Budget, in consultation with the Executive Council, shall--
            (1) submit to the President and to Congress a description 
        of the technological, legal, and policy issues presented by the 
        creation of the Network described in subsection (c), and the 
        way in which these issues will be addressed;
            (2) establish electronic directory services to assist in 
        locating in the Federal Government intelligence and homeland 
        security information and people with relevant knowledge about 
        intelligence and homeland security information; and
            (3) conduct a review of relevant current Federal agency 
        capabilities, including--
                    (A) a baseline inventory of current Federal systems 
                that contain intelligence or homeland security 
                information;
                    (B) the money currently spent to maintain those 
                systems; and
                    (C) identification of other information that should 
                be included in the Network.
    (e) Guidelines and Requirements.--As soon as possible, but in no 
event later than 180 days after the date of the enactment of this Act, 
the President shall--
            (1) in consultation with the Executive Council--
                    (A) issue guidelines for acquiring, accessing, 
                sharing, and using information, including guidelines to 
                ensure that information is provided in its most 
                shareable form, such as by separating out data from the 
                sources and methods by which that data are obtained; 
                and
                    (B) on classification policy and handling 
                procedures across Federal agencies, including commonly 
                accepted processing and access controls;
            (2) in consultation with the Privacy and Civil Liberties 
        Oversight Board established under section 211, issue guidelines 
        that--
                    (A) protect privacy and civil liberties in the 
                development and use of the Network; and
                    (B) shall be made public, unless, and only to the 
                extent that, nondisclosure is clearly necessary to 
                protect national security; and
            (3) require the heads of Federal departments and agencies 
        to promote a culture of information sharing by--
                    (A) reducing disincentives to information sharing, 
                including overclassification of information and 
                unnecessary requirements for originator approval; and
                    (B) providing affirmative incentives for 
                information sharing, such as the incorporation of 
                information sharing performance measures into agency 
                and managerial evaluations, and employee awards for 
                promoting innovative information sharing practices.
    (f) Enterprise Architecture and Implementation Plan.--Not later 
than 270 days after the date of the enactment of this Act, the Director 
of Management and Budget shall submit to the President and to Congress 
an enterprise architecture and implementation plan for the Network. The 
enterprise architecture and implementation plan shall be prepared by 
the Director of Management and Budget, in consultation with the 
Executive Council, and shall include--
            (1) a description of the parameters of the proposed 
        Network, including functions, capabilities, and resources;
            (2) a delineation of the roles of the Federal departments 
        and agencies that will participate in the development of the 
        Network, including identification of any agency that will build 
        the infrastructure needed to operate and manage the Network (as 
        distinct from the individual agency components that are to be 
        part of the Network), with the delineation of roles to be 
        consistent with--
                    (A) the authority of the National Intelligence 
                Director under this Act to set standards for 
                information sharing and information technology 
                throughout the intelligence community; and
                    (B) the authority of the Secretary of Homeland 
                Security and the role of the Department of Homeland 
                Security in coordinating with State, tribal, and local 
                officials and the private sector;
            (3) a description of the technological requirements to 
        appropriately link and enhance existing networks and a 
        description of the system design that will meet these 
        requirements;
            (4) an enterprise architecture that--
                    (A) is consistent with applicable laws and guidance 
                with regard to planning, design, acquisition, 
                operation, and management of information systems;
                    (B) will be used to guide and define the 
                development and implementation of the Network; and
                    (C) addresses the existing and planned enterprise 
                architectures of the departments and agencies 
                participating in the Network;
            (5) a description of how privacy and civil liberties will 
        be protected throughout the design and implementation of the 
        Network;
            (6) objective, systemwide performance measures to enable 
        the assessment of progress toward achieving full implementation 
        of the Network;
            (7) a plan, including a time line, for the development and 
        phased implementation of the Network;
            (8) total budget requirements to develop and implement the 
        Network, including the estimated annual cost for each of the 5 
        years following the date of the enactment of this Act; and
            (9) proposals for any legislation that the Director of 
        Management and Budget determines necessary to implement the 
        Network.
    (g) Director of Management and Budget Responsible for Information 
Sharing Across the Federal Government.--
            (1) Additional duties and responsibilities.--
                    (A) In general.--The Director of Management and 
                Budget, in consultation with the Executive Council, 
                shall--
                            (i) implement and manage the Network;
                            (ii) develop and implement policies, 
                        procedures, guidelines, rules, and standards as 
                        appropriate to foster the development and 
                        proper operation of the Network; and
                            (iii) assist, monitor, and assess the 
                        implementation of the Network by Federal 
                        departments and agencies to ensure adequate 
                        progress, technological consistency and policy 
                        compliance; and regularly report the findings 
                        to the President and to Congress.
                    (B) Content of policies, procedures, guidelines, 
                rules, and standards.--The policies, procedures, 
                guidelines, rules, and standards under subparagraph 
                (A)(ii) shall--
                            (i) take into account the varying missions 
                        and security requirements of agencies 
                        participating in the Network;
                            (ii) address development, implementation, 
                        and oversight of technical standards and 
                        requirements;
                            (iii) address and facilitate information 
                        sharing between and among departments and 
                        agencies of the intelligence community, the 
                        Department of Defense, the Homeland Security 
                        community and the law enforcement community;
                            (iv) address and facilitate information 
                        sharing between Federal departments and 
                        agencies and State, tribal and local 
                        governments;
                            (v) address and facilitate, as appropriate, 
                        information sharing between Federal departments 
                        and agencies and the private sector;
                            (vi) address and facilitate, as 
                        appropriate, information sharing between 
                        Federal departments and agencies with foreign 
                        partners and allies; and
                            (vii) ensure the protection of privacy and 
                        civil liberties.
            (2) Appointment of principal officer.--Not later than 30 
        days after the date of the enactment of this Act, the Director 
        of Management and Budget shall appoint, with approval of the 
        President, a principal officer in the Office of Management and 
        Budget whose primary responsibility shall be to carry out the 
        day-to-day duties of the Director specified in this section. 
        The officer shall report directly to the Director of Management 
        and Budget, have the rank of a Deputy Director and shall be 
        paid at the rate of pay payable for a position at level III of 
        the Executive Schedule under section 5314 of title 5, United 
        States Code.
    (h) Executive Council on Information Sharing.--
            (1) Establishment.--There is established an Executive 
        Council on Information Sharing that shall assist the Director 
        of Management and Budget in the execution of the Director's 
        duties under this Act concerning information sharing.
            (2) Membership.--The members of the Executive Council shall 
        be--
                    (A) the Director of Management and Budget, who 
                shall serve as Chairman of the Executive Council;
                    (B) the Secretary of Homeland Security or his 
                designee;
                    (C) the Secretary of Defense or his designee;
                    (D) the Attorney General or his designee;
                    (E) the Secretary of State or his designee;
                    (F) the Director of the Federal Bureau of 
                Investigation or his designee;
                    (G) the National Intelligence Director or his 
                designee;
                    (H) such other Federal officials as the President 
                shall designate;
                    (I) representatives of State, tribal, and local 
                governments, to be appointed by the President; and
                    (J) individuals who are employed in private 
                businesses or nonprofit organizations that own or 
                operate critical infrastructure, to be appointed by the 
                President.
            (3) Responsibilities.--The Executive Council shall assist 
        the Director of Management and Budget in--
                    (A) implementing and managing the Network;
                    (B) developing policies, procedures, guidelines, 
                rules, and standards necessary to establish and 
                implement the Network;
                    (C) ensuring there is coordination among 
                departments and agencies participating in the Network 
                in the development and implementation of the Network;
                    (D) reviewing, on an ongoing basis, policies, 
                procedures, guidelines, rules, and standards related to 
                the implementation of the Network;
                    (E) establishing a dispute resolution process to 
                resolve disagreements among departments and agencies 
                about whether particular information should be shared 
                and in what manner; and
                    (F) considering such reports as are submitted by 
                the Advisory Board on Information Sharing under 
                subsection (i)(2).
            (4) Inapplicability of federal advisory committee act.--The 
        Council shall not be subject to the requirements of the Federal 
        Advisory Committee Act (5 U.S.C. App.).
            (5) Reports.--Not later than 1 year after the date of the 
        enactment of this Act, and annually thereafter, the Director of 
        Management and Budget, in the capacity of Chair of the 
        Executive Council, shall submit a report to the President and 
        to Congress that shall include--
                    (A) a description of the activities and 
                accomplishments of the Council in the preceding year; 
                and
                    (B) the number and dates of the meetings held by 
                the Council and a list of attendees at each meeting.
            (6) Informing the public.--The Executive Council shall--
                    (A) make its reports to Congress available to the 
                public to the greatest extent that is consistent with 
                the protection of classified information and applicable 
                law; and
                    (B) otherwise inform the public of its activities, 
                as appropriate and in a manner consistent with the 
                protection of classified information and applicable 
                law.
    (i) Advisory Board on Information Sharing.--
            (1) Establishment.--There is established an Advisory Board 
        on Information Sharing to advise the President and the 
        Executive Council on policy, technical, and management issues 
        related to the design and operation of the Network.
            (2) Responsibilities.--The Advisory Board shall advise the 
        Executive Council on policy, technical, and management issues 
        related to the design and operation of the Network. At the 
        request of the Executive Council, or the Director of Management 
        and Budget in the capacity as Chair of the Executive Council, 
        or on its own initiative, the Advisory Board shall submit 
        reports to the Executive Council concerning the findings and 
        recommendations of the Advisory Board regarding the design and 
        operation of the Network.
            (3) Membership and qualifications.--The Advisory Board 
        shall be composed of no more than 15 members, to be appointed 
        by the President from outside the Federal Government. The 
        members of the Advisory Board shall have significant experience 
        or expertise in policy, technical and operational matters, 
        including issues of security, privacy, or civil liberties, and 
        shall be selected solely on the basis of their professional 
        qualifications, achievements, public stature and relevant 
        experience.
            (4) Chair.--The President shall designate one of the 
        members of the Advisory Board to act as chair of the Advisory 
        Board.
            (5) Administrative support.--The Office of Management and 
        Budget shall provide administrative support for the Advisory 
        Board.
    (j) Reports.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, and semiannually thereafter, the 
        President through the Director of Management and Budget shall 
        submit a report to Congress on the state of the Network and of 
        information sharing across the Federal Government.
            (2) Content.--Each report under this subsection shall 
        include--
                    (A) a progress report on the extent to which the 
                Network has been implemented, including how the Network 
                has fared on the government-wide and agency-specific 
                performance measures and whether the performance goals 
                set in the preceding year have been met;
                    (B) objective systemwide performance goals for the 
                following year;
                    (C) an accounting of how much was spent on the 
                Network in the preceding year;
                    (D) actions taken to ensure that agencies procure 
                new technology that is consistent with the Network and 
                information on whether new systems and technology are 
                consistent with the Network;
                    (E) the extent to which, in appropriate 
                circumstances, all terrorism watch lists are available 
                for combined searching in real time through the Network 
                and whether there are consistent standards for placing 
                individuals on, and removing individuals from, the 
                watch lists, including the availability of processes 
                for correcting errors;
                    (F) the extent to which unnecessary roadblocks, 
                impediments, or disincentives to information sharing, 
                including the inappropriate use of paper-only 
                intelligence products and requirements for originator 
                approval, have been eliminated;
                    (G) the extent to which positive incentives for 
                information sharing have been implemented;
                    (H) the extent to which classified information is 
                also made available through the Network, in whole or in 
                part, in unclassified form;
                    (I) the extent to which State, tribal, and local 
                officials--
                            (i) are participating in the Network;
                            (ii) have systems which have become 
                        integrated into the Network;
                            (iii) are providing as well as receiving 
                        information; and
                            (iv) are using the Network to communicate 
                        with each other;
                    (J) the extent to which--
                            (i) private sector data, including 
                        information from owners and operators of 
                        critical infrastructure, is incorporated in the 
                        Network; and
                            (ii) the private sector is both providing 
                        and receiving information;
                    (K) where private sector data has been used by the 
                Government or has been incorporated into the Network--
                            (i) the measures taken to protect sensitive 
                        business information; and
                            (ii) where the data involves information 
                        about individuals, the measures taken to ensure 
                        the accuracy of such data;
                    (L) the measures taken by the Federal Government to 
                ensure the accuracy of other information on the Network 
                and, in particular, the accuracy of information about 
                individuals;
                    (M) an assessment of the Network's privacy and 
                civil liberties protections, including actions taken in 
                the preceding year to implement or enforce privacy and 
                civil liberties protections and a report of complaints 
                received about interference with an individual's 
                privacy or civil liberties; and
                    (N) an assessment of the security protections of 
                the Network.
    (k) Agency Responsibilities.--The head of each department or agency 
possessing or using intelligence or homeland security information or 
otherwise participating in the Network shall--
            (1) ensure full department or agency compliance with 
        information sharing policies, procedures, guidelines, rules, 
        and standards established for the Network under subsections (c) 
        and (g);
            (2) ensure the provision of adequate resources for systems 
        and activities supporting operation of and participation in the 
        Network; and
            (3) ensure full agency or department cooperation in the 
        development of the Network and associated enterprise 
        architecture to implement governmentwide information sharing, 
        and in the management and acquisition of information technology 
        consistent with applicable law.
    (l) Agency Plans and Reports.--Each Federal department or agency 
that possesses or uses intelligence and homeland security information, 
operates a system in the Network or otherwise participates, or expects 
to participate, in the Network, shall submit to the Director of 
Management and Budget--
            (1) not later than 1 year after the date of the enactment 
        of this Act, a report including--
                    (A) a strategic plan for implementation of the 
                Network's requirements within the department or agency;
                    (B) objective performance measures to assess the 
                progress and adequacy of the department or agency's 
                information sharing efforts; and
                    (C) budgetary requirements to integrate the agency 
                into the Network, including projected annual 
                expenditures for each of the following 5 years 
                following the submission of the report; and
            (2) annually thereafter, reports including--
                    (A) an assessment of the progress of the department 
                or agency in complying with the Network's requirements, 
                including how well the agency has performed on the 
                objective measures developed under paragraph (1)(B);
                    (B) the agency's expenditures to implement and 
                comply with the Network's requirements in the preceding 
                year; and
                    (C) the agency's or department's plans for further 
                implementation of the Network in the year following the 
                submission of the report.
    (m) Periodic Assessments.--
            (1) Comptroller general.--
                    (A) In general.--Not later than 1 year after the 
                date of the enactment of this Act, and periodically 
                thereafter, the Comptroller General shall evaluate the 
                implementation of the Network, both generally and, at 
                the discretion of the Comptroller General, within 
                specific departments and agencies, to determine the 
                extent of compliance with the Network's requirements 
                and to assess the effectiveness of the Network in 
                improving information sharing and collaboration and in 
                protecting privacy and civil liberties, and shall 
                report to Congress on the findings of the Comptroller 
                General.
                    (B) Information available to the comptroller 
                general.--Upon request by the Comptroller General, 
                information relevant to an evaluation under subsection 
                (a) shall be made available to the Comptroller General 
                under section 716 of title 31, United States Code.
                    (C) Consultation with congressional committees.--If 
                a record is not made available to the Comptroller 
                General within a reasonable time, before the 
                Comptroller General files a report under section 
                716(b)(1) of title 31, United States Code, the 
                Comptroller General shall consult with the Select 
                Committee on Intelligence of the Senate, the Permanent 
                Select Committee on Intelligence of the House of 
                Representatives, the Committee on Governmental Affairs 
                of the Senate, and the Committee on Government Reform 
                of the House of Representatives concerning the 
                Comptroller's intent to file a report.
            (2) Inspectors general.--The Inspector General in any 
        Federal department or agency that possesses or uses 
        intelligence or homeland security information or that otherwise 
        participates in the Network shall, at the discretion of the 
        Inspector General--
                    (A) conduct audits or investigations to--
                            (i) determine the compliance of that 
                        department or agency with the Network's 
                        requirements; and
                            (ii) assess the effectiveness of that 
                        department or agency in improving information 
                        sharing and collaboration and in protecting 
                        privacy and civil liberties; and
                    (B) issue reports on such audits and 
                investigations.
    (n) Authorization of Appropriations.--There are authorized to be 
appropriated--
            (1) $50,000,000 to the Director of Management and Budget to 
        carry out this section for fiscal year 2005; and
            (2) such sums as are necessary to carry out this section in 
        each fiscal year thereafter, to be disbursed and allocated in 
        accordance with the Network implementation plan required by 
        subsection (f).

                Subtitle B--Privacy and Civil Liberties

SEC. 211. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.

    (a) In General.--There is established within the Executive Office 
of the President a Privacy and Civil Liberties Oversight Board 
(referred to in this subtitle as the ``Board'').
    (b) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) In conducting the war on terrorism, the Government may 
        need additional powers and may need to enhance the use of its 
        existing powers.
            (2) This shift of power and authority to the Government 
        calls for an enhanced system of checks and balances to protect 
        the precious liberties that are vital to our way of life and to 
        ensure that the Government uses its powers for the purposes for 
        which the powers were given.
    (c) Purpose.--The Board shall--
            (1) analyze and review actions the executive branch takes 
        to protect the Nation from terrorism; and
            (2) ensure that liberty concerns are appropriately 
        considered in the development and implementation of laws, 
        regulations, and policies related to efforts to protect the 
        Nation against terrorism.
    (d) Functions.--
            (1) Advice and counsel on policy development and 
        implementation.--The Board shall--
                    (A) review proposed legislation, regulations, and 
                policies related to efforts to protect the Nation from 
                terrorism, including the development and adoption of 
                information sharing guidelines under section 205(g);
                    (B) review the implementation of new and existing 
                legislation, regulations, and policies related to 
                efforts to protect the Nation from terrorism, including 
                the implementation of information sharing guidelines 
                under section 205(g);
                    (C) advise the President and the departments, 
                agencies, and elements of the executive branch to 
                ensure that privacy and civil liberties are 
                appropriately considered in the development and 
                implementation of such legislation, regulations, 
                policies, and guidelines; and
                    (D) in providing advice on proposals to retain or 
                enhance a particular governmental power, consider 
                whether the department, agency, or element of the 
                executive branch has explained--
                            (i) that the power actually materially 
                        enhances security;
                            (ii) that there is adequate supervision of 
                        the use by the executive branch of the power to 
                        ensure protection of privacy and civil 
                        liberties; and
                            (iii) that there are adequate guidelines 
                        and oversight to properly confine its use.
            (2) Oversight.--The Board shall continually review--
                    (A) the regulations, policies, and procedures, and 
                the implementation of the regulations, policies, and 
                procedures, of the departments, agencies, and elements 
                of the executive branch to ensure that privacy and 
                civil liberties are protected;
                    (B) the information sharing practices of the 
                departments, agencies, and elements of the executive 
                branch to determine whether they appropriately protect 
                privacy and civil liberties and adhere to the 
                information sharing guidelines prescribed under section 
                205(g) and to other governing laws, regulations, and 
                policies regarding privacy and civil liberties; and
                    (C) other actions by the executive branch related 
                to efforts to protect the Nation from terrorism to 
                determine whether such actions--
                            (i) appropriately protect privacy and civil 
                        liberties; and
                            (ii) are consistent with governing laws, 
                        regulations, and policies regarding privacy and 
                        civil liberties.
            (3) Relationship with privacy and civil liberties 
        officers.--The Board shall--
                    (A) review and assess reports and other information 
                from privacy officers and civil liberties officers 
                described in section 212;
                    (B) when appropriate, make recommendations to such 
                privacy officers and civil liberties officers regarding 
                their activities; and
                    (C) when appropriate, coordinate the activities of 
                such privacy officers and civil liberties officers on 
                relevant interagency matters.
            (4) Testimony.--The Members of the Board shall appear and 
        testify before Congress upon request.
    (e) Reports.--
            (1) In general.--The Board shall--
                    (A) receive and review reports from privacy 
                officers and civil liberties officers described in 
                section 212; and
                    (B) periodically submit, not less than 
                semiannually, reports--
                            (i)(I) to the appropriate committees of 
                        Congress, including the Committees on the 
                        Judiciary of the Senate and the House of 
                        Representatives, the Committee on Governmental 
                        Affairs of the Senate, the Committee on 
                        Government Reform of the House of 
                        Representatives, the Select Committee on 
                        Intelligence of the Senate, and the Permanent 
                        Select Committee on Intelligence of the House 
                        of Representatives; and
                            (II) to the President; and
                            (ii) which shall be in unclassified form to 
                        the greatest extent possible, with a classified 
                        annex where necessary.
            (2) Contents.--Not less than 2 reports submitted each year 
        under paragraph (1)(B) shall include--
                    (A) a description of the major activities of the 
                Board during the preceding period; and
                    (B) information on the findings, conclusions, and 
                recommendations of the Board resulting from its advice 
                and oversight functions under subsection (d).
            (f) Informing the Public.--The Board shall--
            (1) make its reports, including its reports to Congress, 
        available to the public to the greatest extent that is 
        consistent with the protection of classified information and 
        applicable law; and
            (2) hold public hearings and otherwise inform the public of 
        its activities, as appropriate and in a manner consistent with 
        the protection of classified information and applicable law.
    (g) Access to Information.--
            (1) Authorization.--If determined by the Board to be 
        necessary to carry out its responsibilities under this section, 
        the Board is authorized to--
                    (A) have access from any department, agency, or 
                element of the executive branch, or any Federal officer 
                or employee, to all relevant records, reports, audits, 
                reviews, documents, papers, recommendations, or other 
                relevant material, including classified information 
                consistent with applicable law;
                    (B) interview, take statements from, or take public 
                testimony from personnel of any department, agency, or 
                element of the executive branch, or any Federal officer 
                or employee;
                    (C) request information or assistance from any 
                State, tribal, or local government; and
                    (D) require, by subpoena issued at the direction of 
                a majority of the members of the Board, persons (other 
                than departments, agencies, and elements of the 
                executive branch) to produce any relevant information, 
                documents, reports, answers, records, accounts, papers, 
                and other documentary or testimonial evidence.
            (2) Enforcement of subpoena.--In the case of contumacy or 
        failure to obey a subpoena issued under paragraph (1)(D), the 
        United States district court for the judicial district in which 
        the subpoenaed person resides, is served, or may be found may 
        issue an order requiring such person to produce the evidence 
        required by such subpoena.
            (3) Agency cooperation.--Whenever information or assistance 
        requested under subparagraph (A) or (B) of paragraph (1) is, in 
        the judgment of the Board, unreasonably refused or not 
        provided, the Board shall report the circumstances to the head 
        of the department, agency, or element concerned without delay. 
        The head of the department, agency, or element concerned shall 
        ensure that the Board is given access to the information, 
        assistance, material, or personnel the Board determines to be 
        necessary to carry out its functions.
    (h) Membership.--
            (1) Members.--The Board shall be composed of a full-time 
        chairman and 4 additional members, who shall be appointed by 
        the President, by and with the advice and consent of the 
        Senate.
            (2) Qualifications.--Members of the Board shall be selected 
        solely on the basis of their professional qualifications, 
        achievements, public stature, expertise in civil liberties and 
        privacy, and relevant experience, and without regard to 
        political affiliation, but in no event shall more than 3 
        members of the Board be members of the same political party.
            (3) Incompatible office.--An individual appointed to the 
        Board may not, while serving on the Board, be an elected 
        official, officer, or employee of the Federal Government, other 
        than in the capacity as a member of the Board.
            (4) Term.--Each member of the Board shall serve a term of 
        six years, except that--
                    (A) a member appointed to a term of office after 
                the commencement of such term may serve under such 
                appointment only for the remainder of such term;
                    (B) upon the expiration of the term of office of a 
                member, the member shall continue to serve until the 
                member's successor has been appointed and qualified, 
                except that no member may serve under this 
                subparagraph--
                            (i) for more than 60 days when Congress is 
                        in session unless a nomination to fill the 
                        vacancy shall have been submitted to the 
                        Senate; or
                            (ii) after the adjournment sine die of the 
                        session of the Senate in which such nomination 
                        is submitted; and
                    (C) the members initially appointed under this 
                subsection shall serve terms of two, three, four, five, 
                and six years, respectively, from the effective date of 
                this Act, with the term of each such member to be 
                designated by the President.
            (5) Quorum and Meetings.--After its initial meeting, the 
        Board shall meet upon the call of the chairman or a majority of 
        its members. Three members of the Board shall constitute a 
        quorum.
    (i) Compensation and Travel Expenses.--
            (1) Compensation.--
                    (A) Chairman.--The chairman shall be compensated at 
                the rate of pay payable for a position at level III of 
                the Executive Schedule under section 5314 of title 5, 
                United States Code.
                    (B) Members.--Each member of the Board shall be 
                compensated at a rate of pay payable for a position at 
                level IV of the Executive Schedule under section 5315 
                of title 5, United States Code, for each day during 
                which that member is engaged in the actual performance 
                of the duties of the Board.
            (2) Travel expenses.--Members of the Board shall be allowed 
        travel expenses, including per diem in lieu of subsistence, at 
        rates authorized for persons employed intermittently by the 
        Government under section 5703(b) of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of services for the Board.
    (j) Staff.--
            (1) Appointment and compensation.--The Chairman, in 
        accordance with rules agreed upon by the Board, shall appoint 
        and fix the compensation of a full-time executive director and 
        such other personnel as may be necessary to enable the Board to 
        carry out its functions, without regard to the provisions of 
        title 5, United States Code, governing appointments in the 
        competitive service, and without regard to the provisions of 
        chapter 51 and subchapter III of chapter 53 of such title 
        relating to classification and General Schedule pay rates, 
        except that no rate of pay fixed under this subsection may 
        exceed the equivalent of that payable for a position at level V 
        of the Executive Schedule under section 5316 of title 5, United 
        States Code.
            (2) Detailees.--Any Federal employee may be detailed to the 
        Board without reimbursement from the Board, and such detailee 
        shall retain the rights, status, and privileges of the 
        detailee's regular employment without interruption.
            (3) Consultant services.--The Board may procure the 
        temporary or intermittent services of experts and consultants 
        in accordance with section 3109 of title 5, United States Code, 
        at rates that do not exceed the daily rate paid a person 
        occupying a position at level IV of the Executive Schedule 
        under section 5315 of such title.
    (k) Security Clearances.--The appropriate departments, agencies, 
and elements of the executive branch shall cooperate with the Board to 
expeditiously provide the Board members and staff with appropriate 
security clearances to the extent possible under existing procedures 
and requirements.
    (l) Treatment as Agency, Not as Advisory Committee.--The Board--
            (1) is an agency (as defined in section 551(1) of title 5, 
        United States Code); and
            (2) is not an advisory committee (as defined in section 
        3(2) of the Federal Advisory Committee Act (5 U.S.C. App.)).

SEC. 212. PRIVACY AND CIVIL LIBERTIES OFFICERS.

    (a) Designation and Functions.--The Attorney General, the Secretary 
of Defense, the Secretary of State, the Secretary of the Treasury, the 
Secretary of Health and Human Services, the Secretary of Homeland 
Security, the National Intelligence Director, the Director of the 
Central Intelligence Agency, and the head of any other department, 
agency, or element of the executive branch designated by the Privacy 
and Civil Liberties Oversight Board to be appropriate for coverage 
under this section shall designate not less than 1 senior officer to--
            (1) assist the head of such department, agency, or element 
        and other officials of such department, agency, or element in 
        appropriately considering privacy and civil liberties concerns 
        when such officials are proposing, developing, or implementing 
        laws, regulations, policies, procedures, or guidelines related 
        to efforts to protect the Nation against terrorism;
            (2) periodically investigate and review department, agency, 
        or element actions, policies, procedures, guidelines, and 
        related laws and their implementation to ensure that such 
        department, agency, or element is adequately considering 
        privacy and civil liberties in its actions;
            (3) ensure that such department, agency, or element has 
        adequate procedures to receive, investigate, respond to, and 
        redress complaints from individuals who allege such department, 
        agency, or element has violated their privacy or civil 
        liberties; and
            (4) in providing advice on proposals to retain or enhance a 
        particular governmental power the officer shall consider 
        whether such department, agency, or element has explained--
                            (i) that the power actually materially 
                        enhances security;
                            (ii) that there is adequate supervision of 
                        the use by such department, agency, or element 
                        of the power to ensure protection of privacy 
                        and civil liberties; and
                            (iii) that there are adequate guidelines 
                        and oversight to properly confine its use.
    (b) Exception To Designation Authority.--
            (1) Privacy officers.--In any department, agency, or 
        element referred to in subsection (a) or designated by the 
        Board, which has a statutorily created privacy officer, such 
        officer shall perform the functions specified in subsection (a) 
        with respect to privacy.
            (2) Civil liberties officers.--In any department, agency, 
        or element referred to in subsection (a) or designated by the 
        Board, which has a statutorily created civil liberties officer, 
        such officer shall perform the functions specified in 
        subsection (a) with respect to civil liberties.
    (c) Supervision and Coordination.--Each privacy officer or civil 
liberties officer described in subsection (a) or (b) shall--
            (1) report directly to the head of the department, agency, 
        or element concerned; and
            (2) coordinate their activities with the Inspector General 
        of such department, agency, or element to avoid duplication of 
        effort.
    (d) Agency Cooperation.--The head of each department, agency, or 
element shall ensure that each privacy officer and civil liberties 
officer--
            (1) has the information, material, and resources necessary 
        to fulfill the functions of such officer;
            (2) is advised of proposed policy changes;
            (3) is consulted by decision makers; and
            (4) is given access to material and personnel the officer 
        determines to be necessary to carry out the functions of such 
        officer.
    (e) Reprisal for Making Complaint.--No action constituting a 
reprisal, or threat of reprisal, for making a complaint or for 
disclosing information to a privacy officer or civil liberties officer 
described in subsection (a) or (b), or to the Privacy and Civil 
Liberties Oversight Board, that indicates a possible violation of 
privacy protections or civil liberties in the administration of the 
programs and operations of the Federal Government relating to efforts 
to protect the Nation from terrorism shall be taken by any Federal 
employee in a position to take such action, 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.
    (f) Periodic Reports.--
            (1) In general.--The privacy officers and civil liberties 
        officers of each department, agency, or element referred to or 
        described in subsection (a) or (b) shall periodically, but not 
        less than quarterly, submit a report on the activities of such 
        officers--
                    (A)(i) to the appropriate committees of Congress, 
                including the Committees on the Judiciary of the Senate 
                and the House of Representatives, the Committee on 
                Governmental Affairs of the Senate, the Committee on 
                Government Reform of the House of Representatives, the 
                Select Committee on Intelligence of the Senate, and the 
                Permanent Select Committee on Intelligence of the House 
                of Representatives;
                    (ii) to the head of such department, agency, or 
                element; and
                    (iii) to the Privacy and Civil Liberties Oversight 
                Board; and
                    (B) which shall be in unclassified form to the 
                greatest extent possible, with a classified annex where 
                necessary.
            (2) Contents.--Each report submitted under paragraph (1) 
        shall include information on the discharge of each of the 
        functions of the officer concerned, including--
                    (A) information on the number and types of reviews 
                undertaken;
                    (B) the type of advice provided and the response 
                given to such advice;
                    (C) the number and nature of the complaints 
                received by the department, agency, or element 
                concerned for alleged violations; and
                    (D) a summary of the disposition of such 
                complaints, the reviews and inquiries conducted, and 
                the impact of the activities of such officer.
    (g) Informing the Public.--Each privacy officer and civil liberties 
officer shall--
            (1) make the reports of such officer, including reports to 
        Congress, available to the public to the greatest extent that 
        is consistent with the protection of classified information and 
        applicable law; and
            (2) otherwise inform the public of the activities of such 
        officer, as appropriate and in a manner consistent with the 
        protection of classified information and applicable law.
    (h) Savings Clause.--Nothing in this section shall be construed to 
limit or otherwise supplant any other authorities or responsibilities 
provided by law to privacy officers or civil liberties officers.

           Subtitle C--Independence of Intelligence Agencies

SEC. 221. INDEPENDENCE OF NATIONAL INTELLIGENCE DIRECTOR.

    (a) Location Outside Executive Office of the President.--The 
National Intelligence Director shall not be located within the 
Executive Office of the President.
    (b) Provision of National Intelligence.--The National Intelligence 
Director shall provide to the President and Congress national 
intelligence that is timely, objective, and independent of political 
considerations, and has not been shaped to serve policy goals.

SEC. 222. INDEPENDENCE OF INTELLIGENCE.

    (a) Director of National Counterterrorism Center.--The Director of 
the National Counterterrorism Center shall provide to the President, 
Congress, and the National Intelligence Director national intelligence 
related to counterterrorism that is timely, objective, and independent 
of political considerations, and has not been shaped to serve policy 
goals.
    (b) Directors of National Intelligence Centers.--Each Director of a 
national intelligence center established under section 144 shall 
provide to the President, Congress, and the National Intelligence 
Director intelligence information that is timely, objective, and 
independent of political considerations, and has not been shaped to 
serve policy goals.
    (c) Director of Central Intelligence Agency.--The Director of the 
Central Intelligence Agency shall ensure that intelligence produced by 
the Central Intelligence Agency is objective and independent of 
political considerations, and has not been shaped to serve policy 
goals.
    (d) National Intelligence Council.--The National Intelligence 
Council shall produce national intelligence estimates for the United 
States Government that are timely, objective, and independent of 
political considerations, and have not been shaped to serve policy 
goals.

SEC. 223. INDEPENDENCE OF NATIONAL COUNTERTERRORISM CENTER.

    No officer, department, agency, or element of the executive branch 
shall have any authority to require the Director of the National 
Counterterrorism Center--
            (1) to receive permission to testify before Congress; or
            (2) to submit testimony, legislative recommendations, or 
        comments to any officer or agency of the United States for 
        approval, comments, or review prior to the submission of such 
        recommendations, testimony, or comments to Congress if such 
        recommendations, testimony, or comments include a statement 
        indicating that the views expressed therein are those of the 
        agency submitting them and do not necessarily represent the 
        views of the Administration.

SEC. 224. ACCESS OF CONGRESSIONAL COMMITTEES TO NATIONAL INTELLIGENCE.

    (a) Documents Required To Be Provided to Congressional 
Committees.--The National Intelligence Director, the Director of the 
National Counterterrorism Center, and the Director of a national 
intelligence center shall provide to the Select Committee on 
Intelligence of the Senate, the Permanent Select Committee on 
Intelligence of the House of Representatives, and any other committee 
of Congress with jurisdiction over the subject matter to which the 
information relates, all intelligence assessments, intelligence 
estimates, sense of intelligence community memoranda, and daily senior 
executive intelligence briefs, other than the Presidential Daily Brief 
and those reports prepared exclusively for the President.
    (b) Response to Requests From Congress Required.--
            (1) In general.--Except as provided in paragraph (2), in 
        addition to providing material under subsection (a), the 
        National Intelligence Director, the Director of the National 
        Counterterrorism Center, or the Director of a national 
        intelligence center shall, not later than 15 days after 
        receiving a request for any intelligence assessment, report, or 
        estimate or other intelligence information from the Select 
        Committee on Intelligence of the Senate, the Permanent Select 
        Committee on Intelligence of the House of Representatives, or 
        any other committee of Congress with jurisdiction over the 
        subject matter to which the information relates, make available 
        to such committee such intelligence assessment, report, or 
        estimate or other intelligence information.
            (2) Certain members.--In addition to requests described in 
        paragraph (1), the National Intelligence Director shall respond 
        to requests from the Chairman and Vice Chairman of the Select 
        Committee on Intelligence of the Senate and the Chairman and 
        Ranking Member of the Permanent Select Committee on 
        Intelligence of the House of Representatives. Upon making a 
        request covered by this paragraph, the Chairman, Vice Chairman, 
        or Ranking Member, as the case may be, of such committee shall 
        notify the other of the Chairman, Vice Chairman, or Ranking 
        Member, as the case may be, of such committee of such request.
            (3) Assertions of privilege.--In response to requests 
        described under paragraph (1) or (2), the National Intelligence 
        Director, the Director of the National Counterterrorism Center, 
        or the Director of a national intelligence center shall provide 
        information, unless the President certifies that such 
        information is not being provided because the President is 
        asserting a privilege pursuant to the United States 
        Constitution.

SEC. 225. COMMUNICATIONS WITH CONGRESS.

    (a) Disclosure of Certain Information Authorized.--
            (1) In general.--Employees of covered agencies and 
        employees of contractors carrying out activities under 
        classified contracts with covered agencies may disclose 
        information described in paragraph (2) to the individuals 
        referred to in paragraph (3) without first reporting such 
        information to the appropriate Inspector General.
            (2) Covered information.--Paragraph (1) applies to 
        information, including classified information, that an employee 
        reasonably believes provides direct and specific evidence of a 
        false or inaccurate statement to Congress contained in, or 
        withheld from Congress, any intelligence information material 
        to, any intelligence assessment, report, or estimate, but does 
        not apply to information the disclosure of which is prohibited 
        by rule 6(e) of the Federal Rules of Criminal Procedure.
            (3) Covered individuals.--
                    (A) In general.--The individuals to whom 
                information in paragraph (2) may be disclosed are--
                            (i) a Member of a committee of Congress 
                        having primary responsibility for oversight of 
                        a department, agency, or element of the United 
                        States Government to which the disclosed 
                        information relates and who is authorized to 
                        receive information of the type disclosed;
                            (ii) any other Member of Congress who is 
                        authorized to receive information of the type 
                        disclosed; and
                            (iii) an employee of Congress who has the 
                        appropriate security clearance and is 
                        authorized to receive information of the type 
                        disclosed.
                    (B) Presumption of need for information.--An 
                individual described in subparagraph (A) to whom 
                information is disclosed under paragraph (2) shall be 
                presumed to have a need to know such information.
    (b) Construction With Other Reporting Requirements.--Nothing in 
this section may be construed to modify, alter, or otherwise affect--
            (1) any reporting requirement relating to intelligence 
        activities that arises under this Act, the National Security 
        Act of 1947 (50 U.S.C. 401 et seq.), or any other provision of 
        law; or
            (2) the right of any employee of the United States 
        Government to disclose to Congress in accordance with 
        applicable law information not described in this section.
    (c) Covered Agencies Defined.--In this section, the term ``covered 
agencies'' means the following:
            (1) The National Intelligence Authority, including the 
        National Counterterrorism Center.
            (2) The Central Intelligence Agency.
            (3) The Defense Intelligence Agency.
            (4) The National Geospatial-Intelligence Agency.
            (5) The National Security Agency.
            (6) The Federal Bureau of Investigation.
            (7) Any other Executive agency, or element or unit thereof, 
        determined by the President under section 2302(a)(2)(C)(ii) of 
        title 5, United States Code, to have as its principal function 
        the conduct of foreign intelligence or counterintelligence 
        activities.

  TITLE III--MODIFICATIONS OF LAWS RELATING TO INTELLIGENCE COMMUNITY 
                               MANAGEMENT

              Subtitle A--Conforming and Other Amendments

SEC. 301. RESTATEMENT AND MODIFICATION OF BASIC AUTHORITY ON THE 
              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) Central Intelligence Agency.--There is a Central 
Intelligence Agency.
    ``(b) Function.--The function of the Central Intelligence Agency is 
to assist the Director of the Central Intelligence Agency in carrying 
out the responsibilities specified in section 103(d).

             ``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) Supervision.--The Director of the Central Intelligence Agency 
shall report to the National Intelligence Director regarding the 
activities of the Director of the Central Intelligence Agency.
    ``(c) Duties.--The Director of the Central Intelligence Agency 
shall--
            ``(1) serve as the head of the Central Intelligence Agency; 
        and
            ``(2) carry out the responsibilities specified in 
        subsection (d).
    ``(d) Responsibilities.--The Director of the Central Intelligence 
Agency shall--
            ``(1) collect intelligence through human sources and by 
        other appropriate means, except that the Director of the 
        Central Intelligence Agency shall have no police, subpoena, or 
        law enforcement powers or internal security functions;
            ``(2) correlate and evaluate intelligence related to the 
        national security and provide appropriate dissemination of such 
        intelligence;
            ``(3) provide overall direction for and coordination of the 
        collection of national intelligence outside the United States 
        through human sources by elements of the intelligence community 
        authorized to undertake such collection and, in coordination 
        with other departments, agencies, or elements of the United 
        States Government which are authorized to undertake such 
        collection, ensure that the most effective use is made of 
        resources and that appropriate account is taken of the risks to 
        the United States and those involved in such collection; and
            ``(4) perform such other functions and duties pertaining to 
        intelligence relating to the national security as the President 
        or the National Intelligence Director may direct.
    ``(e) Termination of Employment of CIA Employees.--(1) 
Notwithstanding the provisions of any other law, the Director of the 
Central Intelligence Agency may, in the discretion of the Director, 
terminate the employment of any officer or employee of the Central 
Intelligence Agency 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 termination of employment of an officer or employee under 
paragraph (1) shall not affect the right of the officer or employee to 
seek or accept employment in any other department, agency, or element 
of the United States Government if declared eligible for such 
employment by the Office of Personnel Management.
    ``(f) Coordination With Foreign Governments.--Under the direction 
of the National Intelligence Director and in a manner consistent with 
section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927), the 
Director of the Central Intelligence Agency 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.''.
    (b) Transformation of Central Intelligence Agency.--The Director of 
the Central Intelligence Agency shall, in accordance with standards 
developed by the Director in consultation with the National 
Intelligence Director--
            (1) enhance the analytic, human intelligence, and other 
        capabilities of the Central Intelligence Agency;
            (2) develop and maintain an effective language program 
        within the Agency;
            (3) emphasize the hiring of personnel of diverse 
        backgrounds for purposes of improving the capabilities of the 
        Agency;
            (4) establish and maintain effective relationships between 
        human intelligence and signals intelligence within the Agency 
        at the operational level; and
            (5) achieve a more effective balance within the Agency with 
        respect to unilateral operations and liaison operations.
    (c) Reports.--(1) Not later than 180 days after the effective date 
of this section, and annually thereafter, the Director of the Central 
Intelligence Agency shall submit to the National Intelligence Director 
and the congressional intelligence committees a report setting forth 
the following:
            (A) A strategy for improving the conduct of analysis 
        (including strategic analysis) by the Central Intelligence 
        Agency, and the progress of the Agency in implementing the 
        strategy.
            (B) A strategy for improving the human intelligence and 
        other capabilities of the Agency, and the progress of the 
        Agency in implementing the strategy, including--
                    (i) the recruitment, training, equipping, and 
                deployment of personnel required to address the current 
                and projected threats to the national security of the 
                United States during each of the 2-year, 5-year, and 
                10-year periods beginning on the date of such report, 
                including personnel with the backgrounds, education, 
                and experience necessary for ensuring a human 
                intelligence capability adequate for such projected 
                threats;
                    (ii) the achievement of a proper balance between 
                unilateral operations and liaison operations;
                    (iii) the development of language capabilities 
                (including the achievement of high standards in such 
                capabilities by the use of financial incentives and 
                other mechanisms);
                    (iv) the sound financial management of the 
                Directorate of Operations; and
                    (v) the identification of other capabilities 
                required to address the current and projected threats 
                to the national security of the United States during 
                each of the 2-year, 5-year, and 10-year periods 
                beginning on the date of such report.
            (C) In conjunction with the Director of the National 
        Security Agency, a strategy for achieving integration between 
        signals and human intelligence capabilities, and the progress 
        in implementing the strategy.
            (D) Metrics and milestones for measuring progress in the 
        implementation of each such strategy.
    (2)(A) The information in each report under paragraph (1) on the 
element of the strategy referred to in paragraph (1)(B)(i) shall 
identify the number and types of personnel required to implement the 
strategy during each period addressed in such report, include a plan 
for the recruitment, training, equipping, and deployment of such 
personal, and set forth an estimate of the costs of such activities.
    (B) If as of the date of a report under paragraph (1), a proper 
balance does not exist between unilateral operations and liaison 
operations, such report shall set forth the steps to be taken to 
achieve such balance.
    (C) The information in each report under paragraph (1) on the 
element of the strategy referred to in paragraph (1)(B)(v) shall 
identify the other capabilities required to implement the strategy 
during each period addressed in such report, include a plan for 
developing such capabilities, and set forth an estimate of the costs of 
such activities.

SEC. 302. CONFORMING AMENDMENTS RELATING TO ROLES OF NATIONAL 
              INTELLIGENCE DIRECTOR AND DIRECTOR OF THE 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'' each place it appears in the following 
provisions and inserting ``National Intelligence Director'':
            (A) Section 3(5)(B) (50 U.S.C. 401a(5)(B)).
            (B) Section 101(h)(2)(A) (50 U.S.C. 402(h)(2)(A)).
            (C) Section 101(h)(5) (50 U.S.C. 402(h)(5)).
            (D) Section 101(i)(2)(A) (50 U.S.C. 402(i)(2)(A)).
            (E) Section 101(j) (50 U.S.C. 402(j)).
            (F) Section 105(a) (50 U.S.C. 403-5(a)).
            (G) Section 105(b)(6)(A) (50 U.S.C. 403-5(b)(6)(A)).
            (H) Section 105B(a)(1) (50 U.S.C. 403-5b(a)(1)).
            (I) Section 105B(b) (50 U.S.C. 403-5b(b)).
            (J) Section 110(b) (50 U.S.C. 404e(b)).
            (K) Section 110(c) (50 U.S.C. 404e(c)).
            (L) Section 112(a)(1) (50 U.S.C. 404g(a)(1)).
            (M) Section 112(d)(1) (50 U.S.C. 404g(d)(1)).
            (N) Section 113(b)(2)(A) (50 U.S.C. 404h(b)(2)(A)).
            (O) Section 114(a)(1) (50 U.S.C. 404i(a)(1)).
            (P) Section 114(b)(1) (50 U.S.C. 404i(b)(1)).
            (R) Section 115(a)(1) (50 U.S.C. 404j(a)(1)).
            (S) Section 115(b) (50 U.S.C. 404j(b)).
            (T) Section 115(c)(1)(B) (50 U.S.C. 404j(c)(1)(B)).
            (U) Section 116(a) (50 U.S.C. 404k(a)).
            (V) Section 117(a)(1) (50 U.S.C. 404l(a)(1)).
            (W) Section 303(a) (50 U.S.C. 405(a)), both places it 
        appears.
            (X) Section 501(d) (50 U.S.C. 413(d)).
            (Y) Section 502(a) (50 U.S.C. 413a(a)).
            (Z) Section 502(c) (50 U.S.C. 413a(c)).
            (AA) Section 503(b) (50 U.S.C. 413b(b)).
            (BB) Section 504(a)(2) (50 U.S.C. 414(a)(2)).
            (CC) Section 504(a)(3)(C) (50 U.S.C. 414(a)(3)(C)).
            (DD) Section 504(d)(2) (50 U.S.C. 414(d)(2)).
            (EE) Section 506A(a)(1) (50 U.S.C. 415a-1(a)(1)).
            (FF) Section 603(a) (50 U.S.C. 423(a)).
            (GG) Section 702(a)(1) (50 U.S.C. 432(a)(1)).
            (HH) Section 702(a)(6)(B)(viii) (50 U.S.C. 
        432(a)(6)(B)(viii)).
            (II) Section 702(b)(1) (50 U.S.C. 432(b)(1)), both places 
        it appears.
            (JJ) Section 703(a)(1) (50 U.S.C. 432a(a)(1)).
            (KK) Section 703(a)(6)(B)(viii) (50 U.S.C. 
        432a(a)(6)(B)(viii)).
            (LL) Section 703(b)(1) (50 U.S.C. 432a(b)(1)), both places 
        it appears.
            (MM) Section 704(a)(1) (50 U.S.C. 432b(a)(1)).
            (NN) Section 704(f)(2)(H) (50 U.S.C. 432b(f)(2)(H)).
            (OO) Section 704(g)(1)) (50 U.S.C. 432b(g)(1)), both places 
        it appears.
            (PP) Section 1001(a) (50 U.S.C. 441g(a)).
            (QQ) Section 1102(a)(1) (50 U.S.C. 442a(a)(1)).
            (RR) Section 1102(b)(1) (50 U.S.C. 442a(b)(1)).
            (SS) Section 1102(c)(1) (50 U.S.C. 442a(c)(1)).
            (TT) Section 1102(d) (50 U.S.C. 442a(d)).
    (2) That Act is further amended by striking ``of Central 
Intelligence'' each place it appears in the following provisions:
            (A) Section 105(a)(2) (50 U.S.C. 403-5(a)(2)).
            (B) Section 105B(a)(2) (50 U.S.C. 403-5b(a)(2)).
            (C) Section 105B(b) (50 U.S.C. 403-5b(b)), the second place 
        it appears.
    (3) That Act is further amended by striking ``Director'' each place 
it appears in the following provisions and inserting ``National 
Intelligence Director'':
            (A) Section 114(c) (50 U.S.C. 404i(c)).
            (B) Section 116(b) (50 U.S.C. 404k(b)).
            (C) Section 1001(b) (50 U.S.C. 441g(b)).
            (D) Section 1001(c) (50 U.S.C. 441g(c)), the first place it 
        appears.
            (E) Section 1001(d)(1)(B) (50 U.S.C. 441g(d)(1)(B)).
            (F) Section 1001(e) (50 U.S.C. 441g(e)), the first place it 
        appears.
    (4) Section 114A of that Act (50 U.S.C. 404i-1) is amended by 
striking ``Director of Central Intelligence'' and inserting ``National 
Intelligence Director, the Director of the Central Intelligence 
Agency''.
    (5) Section 701 of that Act (50 U.S.C. 431) is amended--
            (A) in subsection (a), by striking ``Operational files of 
        the Central Intelligence Agency may be exempted by the Director 
        of Central Intelligence'' and inserting ``The Director of the 
        Central Intelligence Agency, with the coordination of the 
        National Intelligence Director, may exempt operational files of 
        the Central Intelligence Agency''; and
            (B) in subsection (g)(1), by striking ``Director of Central 
        Intelligence'' and inserting ``Director of the Central 
        Intelligence Agency and the National Intelligence Director''.
    (6) The heading for section 114 of that Act (50 U.S.C. 404i) is 
amended to read as follows:

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

    (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), (b), and (c) as 
        paragraphs (1), (2), and (3), respectively; and
            (B) by striking paragraph (2), as so redesignated, and 
        inserting the following new paragraph (2):
    ``(2) `Director' means the Director of the Central Intelligence 
Agency; and''.
    (2) That Act (50 U.S.C. 403a et seq.) is further amended by 
striking ``Director of Central Intelligence'' each place it appears in 
the following provisions and inserting ``National Intelligence 
Director'':
            (A) Section 6 (50 U.S.C. 403g).
            (B) Section 17(f) (50 U.S.C. 403q(f)), both places it 
        appears.
    (3) That Act is further amended by striking ``of Central 
Intelligence'' in each of the following provisions:
            (A) Section 2 (50 U.S.C. 403b).
            (B) Section 16(c)(1)(B) (50 U.S.C. 403p(c)(1)(B)).
            (C) Section 17(d)(1) (50 U.S.C. 403q(d)(1)).
            (D) Section 20(c) (50 U.S.C. 403t(c)).
    (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(g)(1) (50 U.S.C. 403u(g)(1)).
            (E) Section 21(g)(2) (50 U.S.C. 403u(g)(2)).
    (c) Central Intelligence Agency Retirement Act.--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.''.
    (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 ``National Intelligence Director''.
    (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 ``National 
Intelligence Director''.
    (g) Intelligence Authorization Acts.--
            (1) Public law 103-359.--Section 811(c)(6)(C) of the 
        Counterintelligence and Security Enhancements Act of 1994 
        (title VIII of Public Law 103-359) is amended by striking 
        ``Director of Central Intelligence'' and inserting ``National 
        Intelligence Director''.
            (2) Public law 107-306.--(A) The Intelligence Authorization 
        Act for Fiscal Year 2003 (Public Law 107-306) is amended by 
        striking ``Director of Central Intelligence, acting as the head 
        of the intelligence community,'' each place it appears in the 
        following provisions and inserting ``National Intelligence 
        Director'':
                    (i) Section 313(a) (50 U.S.C. 404n(a)).
                    (ii) Section 343(a)(1) (50 U.S.C. 404n-2(a)(1))
            (B) Section 341 of that Act (50 U.S.C. 404n-1) is amended 
        by striking ``Director of Central Intelligence, acting as the 
        head of the intelligence community, shall establish in the 
        Central Intelligence Agency'' and inserting ``National 
        Intelligence Director shall establish within the Central 
        Intelligence Agency''.
            (C) Section 352(b) of that Act (50 U.S.C. 404-3 note) is 
        amended by striking ``Director'' and inserting ``National 
        Intelligence Director''.
            (3) Public law 108-177.--(A) The Intelligence Authorization 
        Act for Fiscal Year 2004 (Public Law 108-177) is amended by 
        striking ``Director of Central Intelligence'' each place it 
        appears in the following provisions and inserting ``National 
        Intelligence Director'':
                    (i) Section 317(a) (50 U.S.C. 403-3 note).
                    (ii) Section 317(h)(1).
                    (iii) Section 318(a) (50 U.S.C. 441g note).
                    (iv) Section 319(b) (50 U.S.C. 403 note).
                    (v) Section 341(b) (28 U.S.C. 519 note).
                    (vi) Section 357(a) (50 U.S.C. 403 note).
                    (vii) Section 504(a) (117 Stat. 2634), both places 
                it appears.
            (B) Section 319(f)(2) of that Act (50 U.S.C. 403 note) is 
        amended by striking ``Director'' the first place it appears and 
        inserting ``National Intelligence Director''.
            (C) Section 404 of that Act (18 U.S.C. 4124 note) is 
        amended by striking ``Director of Central Intelligence'' and 
        inserting ``Director of the Central Intelligence Agency''.

SEC. 303. OTHER CONFORMING AMENDMENTS

    (a) National Security Act of 1947.--(1) Section 101(j) of the 
National Security Act of 1947 (50 U.S.C. 402(j)) is amended by striking 
``Deputy Director of Central Intelligence'' and inserting ``Principal 
Deputy National Intelligence Director''.
    (2) Section 112(d)(1) of that Act (50 U.S.C. 404g(d)(1)) is amended 
by striking ``section 103(c)(6) of this Act'' and inserting ``section 
112(a)(11) of the National Intelligence Reform Act of 2004''.
    (3) Section 116(b) of that Act (50 U.S.C. 404k(b)) is amended by 
striking ``to the Deputy Director of Central Intelligence, or with 
respect to employees of the Central Intelligence Agency, the Director 
may delegate such authority to the Deputy Director for Operations'' and 
inserting ``to the Principal Deputy National Intelligence Director, or, 
with respect to employees of the Central Intelligence Agency, to the 
Director of the Central Intelligence Agency''.
    (4) Section 504(a)(2) of that Act (50 U.S.C. 414(a)(2)) is amended 
by striking ``Reserve for Contingencies of the Central Intelligence 
Agency'' and inserting ``Reserve for Contingencies of the National 
Intelligence Director''.
    (5) Section 506A(b)(1) of that Act (50 U.S.C. 415a-1(b)(1)) is 
amended by striking ``Office of the Deputy Director of Central 
Intelligence'' and inserting ``Office of the National Intelligence 
Director''.
    (6) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is amended 
by striking ``or the Office of the Director of Central Intelligence'' 
and inserting ``the Office of the Director of the Central Intelligence 
Agency, or the Office of the National Intelligence Director''.
    (7) Section 1001(b) of that Act (50 U.S.C. 441g(b)) is amended by 
striking ``Assistant Director of Central Intelligence for 
Administration'' and inserting ``Office of the National Intelligence 
Director''.
    (b) Central Intelligence Agency Act of 1949.--Section 6 of the 
Central Intelligence Agency Act of 1949 (50 U.S.C. 403g) is amended by 
striking ``section 103(c)(7) of the National Security Act of 1947 (50 
U.S.C. 403-3(c)(7))'' and inserting ``section 112(a)(11) of the 
National Intelligence Reform Act of 2004''.
    (c) Central Intelligence Agency Retirement Act.--Section 201(c) of 
the Central Intelligence Agency Retirement Act (50 U.S.C. 2011(c)) 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 112(a)(11) of the National 
Intelligence Reform Act of 2004 that the National Intelligence 
Director''.
    (d) Intelligence Authorization Acts.--
            (1) Public law 107-306.--Section 343(c) of the Intelligence 
        Authorization Act for Fiscal Year 2003 (Public Law 107-306; 50 
        U.S.C. 404n-2(c)) is amended by striking ``section 103(c)(6) of 
        the National Security Act of 1947 (50 U.S.C. 403-3((c)(6))'' 
        and inserting ``section 112(a)(11) of the National Intelligence 
        Reform Act of 2004''.
            (2) Public law 108-177.--Section 317 of the Intelligence 
        Authorization Act for Fiscal Year 2004 (Public Law 108-177; 50 
        U.S.C. 403-3 note) is amended--
                    (A) in subsection (g), by striking ``Assistant 
                Director of Central Intelligence for Analysis and 
                Production'' and inserting ``Principal Deputy National 
                Intelligence Director''; and
                    (B) in subsection (h)(2)(C), by striking 
                ``Assistant Director'' and inserting ``Principal Deputy 
                National Intelligence Director''.

SEC. 304. MODIFICATIONS OF FOREIGN INTELLIGENCE AND COUNTERINTELLIGENCE 
              UNDER NATIONAL SECURITY ACT OF 1947.

    Section 3 of the National Security Act of 1947 (50 U.S.C. 401a) is 
amended--
            (1) in paragraph (2), by striking ``or foreign persons, or 
        international terrorist activities'' and inserting ``foreign 
        persons, or international terrorists''; and
            (2) in paragraph (3), by striking ``or foreign persons, or 
        international terrorist activities'' and inserting ``foreign 
        persons, or international terrorists''.

SEC. 305. ELEMENTS OF INTELLIGENCE COMMUNITY UNDER NATIONAL SECURITY 
              ACT OF 1947.

    Paragraph (4) of section 3 of the National Security Act of 1947 (50 
U.S.C. 401a) is amended to read as follows:
            ``(4) The term `intelligence community' includes the 
        following:
                    ``(A) The National Intelligence Authority.
                    ``(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, the 
                Navy, the Air Force, the Marine Corps, the Federal 
                Bureau of Investigation, and the Department of Energy.
                    ``(I) The Bureau of Intelligence and Research of 
                the Department of State.
                    ``(J) The Office of Intelligence and Analysis of 
                the Department of the Treasury.
                    ``(K) The elements of the Department of Homeland 
                Security concerned with the analysis of intelligence 
                information, including the Office of Intelligence of 
                the Coast Guard.
                    ``(L) Such other elements of any department or 
                agency as may be designated by the President, or 
                designated jointly by the National Intelligence 
                Director and the head of the department or agency 
                concerned, as an element of the intelligence 
                community.''.

SEC. 306. REDESIGNATION OF NATIONAL FOREIGN INTELLIGENCE PROGRAM AS 
              NATIONAL INTELLIGENCE PROGRAM.

    (a) Redesignation.--Section 3 of the National Security Act of 1947 
(50 U.S.C. 401a), as amended by this Act, is further amended--
            (1) by striking paragraph (6); and
            (2) by redesignating paragraph (7) as paragraph (6).
    (b) Conforming Amendments.--(1) The National Security Act of 1947, 
as amended by this Act, is further amended by striking ``National 
Foreign Intelligence Program'' each place it appears in the following 
provisions and inserting ``National Intelligence Program'':
            (A) Section 105(a)(2) (50 U.S.C. 403-5(a)(2)).
            (B) Section 105(a)(3) (50 U.S.C. 403-5(a)(3)).
            (C) Section 506(a) (50 U.S.C. 415a(a)).
    (2) Section 17(f) of the Central Intelligence Agency Act of 1949 
(50 U.S.C. 403q(f)) is amended by striking ``National Foreign 
Intelligence Program'' and inserting ``National Intelligence Program''.
    (c) Heading Amendments.--(1) The heading of section 105 of that Act 
is amended to read as follows:

   ``responsibilities of the secretary of defense pertaining to the 
                    national intelligence program''.

    (2) The heading of section 506 of that Act is amended to read as 
follows:

   ``specificity of national intelligence program budget amounts for 
     counterterrorism, counterproliferation, counternarcotics, and 
                         counterintelligence''.

SEC. 307. CONFORMING AMENDMENT ON COORDINATION OF BUDGETS OF ELEMENTS 
              OF THE INTELLIGENCE COMMUNITY WITHIN THE DEPARTMENT OF 
              DEFENSE.

    Section 105(a)(1) of the National Security Act of 1947 (50 U.S.C. 
403-5(a)(1)) is amended by striking ``ensure'' and inserting ``assist 
the Director in ensuring''.

SEC. 308. REPEAL OF SUPERSEDED AUTHORITIES.

    (a) Appointment of Certain Intelligence Officials.--Section 106 of 
the National Security Act of 1947 (50 U.S.C. 403-6) is repealed.
    (b) Collection Tasking Authority.--Section 111 of the National 
Security Act of 1947 (50 U.S.C. 404f) is repealed.

SEC. 309. CLERICAL AMENDMENTS TO NATIONAL SECURITY ACT OF 1947.

    The table of contents for the National Security Act of 1947 is 
amended--
            (1) by inserting after the item relating to section 101 the 
        following new item:

``Sec. 101A. Joint Intelligence Community Council.'';
            (2) 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.'';
            (3) by striking the item relating to section 105 and 
        inserting the following new item:

``Sec 105. Responsibilities of the Secretary of Defense pertaining to 
                            the National Intelligence Program.'';
            (4) by striking the item relating to section 114 and 
        inserting the following new item:

``Sec. 114. Additional annual reports from the National Intelligence 
                            Director.'';
            and
            (5) by striking the item relating to section 506 and 
        inserting the following new item:

``Sec. 506. Specificity of National Intelligence Program budget amounts 
                            for counterterrorism, counterproliferation, 
                            counternarcotics, and 
                            counterintelligence''.

SEC. 310. MODIFICATION OF AUTHORITIES RELATING TO NATIONAL 
              COUNTERINTELLIGENCE EXECUTIVE.

    (a) Appointment of National Counterintelligence Executive.--
Subsection (a)(2) of section 902 of the Counterintelligence Enhancement 
Act of 2002 (title IX of Public Law 107-306; 116 Stat. 2432; 50 U.S.C. 
402b) is amended by striking ``Director of Central Intelligence'' and 
inserting ``National Intelligence Director, and Director of the Central 
Intelligence Agency''.
    (b) Component of Office of National Intelligence Director.--Such 
section is further amended--
            (1) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively; and
            (2) by inserting after subsection (a) the following new 
        subsection (b):
    ``(b) Component of Office of National Intelligence Director.--The 
National Counterintelligence Executive is a component of the Office of 
the National Intelligence Director under subtitle C of the National 
Intelligence Reform Act of 2004.''.
    (c) Duties.--Subsection (d) of such section, as redesignated by 
subsection (a)(1) of this section, is amended by adding at the end the 
following new paragraph:
            ``(5) To perform such other duties as may be provided under 
        section 131(b) of the National Intelligence Reform Act of 
        2004.''.
    (d) Office of National Counterintelligence Executive.--Section 904 
of the Counterintelligence Enhancement Act of 2002 (116 Stat. 2434; 50 
U.S.C. 402c) is amended--
            (1) by striking ``Office of the Director of Central 
        Intelligence'' each place it appears in subsections (c) and 
        (l)(1) and inserting ``Office of the National Intelligence 
        Director'';
            (2) by striking ``Director of Central Intelligence'' each 
        place it appears in subsections (e)(4), (e)(5), (h)(1), and 
        (h)(2) and inserting ``National Intelligence Director''; and
            (3) in subsection (m), by striking ``Director of Central 
        Intelligence'' and inserting ``National Intelligence Director, 
        the Director of the Central Intelligence Agency''.

SEC. 311. CONFORMING AMENDMENT TO INSPECTOR GENERAL ACT OF 1978.

    Section 8H(a)(1) of the Inspector General Act of 1978 (5 U.S.C. 
App.) is amended by adding at the end the following new subparagraph:
    ``(D) An employee of the National Intelligence Authority, an 
employee of an entity other than the Authority who is assigned or 
detailed to the Authority, or of a contractor of the Authority, who 
intends to report to Congress a complaint or information with respect 
to an urgent concern may report the complaint or information to the 
Inspector General of the National Intelligence Authority in accordance 
with section 141(h)(5) of the National Intelligence Reform Act of 
2004.''.

SEC. 312. CONFORMING AMENDMENT RELATING TO CHIEF FINANCIAL OFFICER OF 
              THE NATIONAL INTELLIGENCE AUTHORITY.

    Section 901(b)(1) of title 31, United States Code, is amended by 
adding at the end the following new subparagraph:
            ``(Q) The National Intelligence Authority.''.

                 Subtitle B--Transfers and Terminations

SEC. 321. TRANSFER OF OFFICE OF DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE 
              FOR COMMUNITY MANAGEMENT.

    (a) Transfer.--There shall be transferred to the Office of the 
National Intelligence Director the staff of the Office of the Deputy 
Director of Central Intelligence for Community Management as of the 
date of the enactment of this Act, including all functions and 
activities discharged by the Office of the Deputy Director of Central 
Intelligence for Community Management as of that date.
    (b) Administration.--The National Intelligence Director shall 
administer the staff of the Office of the Deputy Director of Central 
Intelligence for Community Management after the date of the enactment 
of this Act as a component of the Office of the National Intelligence 
Director under section 121(d).

SEC. 322. TRANSFER OF NATIONAL COUNTERTERRORISM EXECUTIVE.

    (a) Transfer.--There shall be transferred to the Office of the 
National Intelligence Director the National Counterintelligence 
Executive and the Office of the National Counterintelligence Executive 
under the Counterintelligence Enhancement Act of 2002 (title IX of 
Public Law 107-306; 50 U.S.C. 402b et seq.), as amended by section 309 
of this Act, including all functions and activities discharged by the 
National Counterintelligence Executive and the Office of the National 
Counterintelligence Executive as of the date of the enactment of this 
Act.
    (b) Administration.--The National Intelligence Director shall treat 
the National Counterintelligence Executive, and administer the Office 
of the National Counterintelligence Executive, after the date of the 
enactment of this Act as components of the Office of the National 
Intelligence Director under section 121(c).

SEC. 323. TRANSFER OF TERRORIST THREAT INTEGRATION CENTER.

    (a) Transfer.--There shall be transferred to the National 
Counterterrorism Center the Terrorist Threat Integration Center (TTIC), 
including all functions and activities discharged by the Terrorist 
Threat Integration Center as of the date of the enactment of this Act.
    (b) Administration.--The Director of the National Counterterrorism 
Center shall administer the Terrorist Threat Integration Center after 
the date of the enactment of this Act as a component of the Directorate 
of Intelligence of the National Counterterrorism Center under section 
143(g)(2).

SEC. 324. TERMINATION OF CERTAIN POSITIONS WITHIN THE CENTRAL 
              INTELLIGENCE AGENCY.

    (a) Termination.--The positions within the Central Intelligence 
Agency referred to in subsection (b) are hereby abolished.
    (b) Covered Positions.--The positions within the Central 
Intelligence Agency referred to in this subsection are as follows:
            (1) The Deputy Director of Central Intelligence for 
        Community Management.
            (2) The Assistant Director of Central Intelligence for 
        Collection.
            (3) The Assistant Director of Central Intelligence for 
        Analysis and Production.
            (4) The Assistant Director of Central Intelligence for 
        Administration.

                  Subtitle C--Other Transition Matters

SEC. 331. EXECUTIVE SCHEDULE MATTERS.

    (a) Executive Schedule Level I.--Section 5312 of title 5, United 
States Code, is amended by adding the end the following new item:
            ``National Intelligence Director.''.
    (b) Executive Schedule Level II.--Section 5313 of title 5, United 
States Code, is amended--
            (1) by striking the item relating to the Director of 
        Central Intelligence; and
            (2) by adding at the end the following new items:
            ``Deputy National Intelligence Directors (5).
            ``Director 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:
            ``Director of the Central Intelligence Agency.''.
    (d) Executive Schedule Level IV.--Section 5315 of title 5, United 
States Code, is amended by striking the item relating to the Assistant 
Directors of Central Intelligence.

SEC. 332. PRESERVATION OF INTELLIGENCE CAPABILITIES.

    The National Intelligence Director, the Director of the Central 
Intelligence Agency, and the Secretary of Defense shall jointly take 
such actions as are appropriate to preserve the intelligence 
capabilities of the United States during the establishment of the 
National Intelligence Authority under this Act.

SEC. 333. REORGANIZATION.

    (a) Reorganization.--The National Intelligence Director may, with 
the approval of the President and after consultation with the 
department, agency, or element concerned, allocate or reallocate 
functions among the officers of the National Intelligence Program, and 
may establish, consolidate, alter, or discontinue organizational units 
within the Program, but only after providing notice of such action to 
Congress, which shall include an explanation of the rationale for the 
action.
    (b) Limitation.--The authority under subsection (a) does not extend 
to any action inconsistent with law.
    (c) Congressional Review.--An action may be taken under the 
authority under subsection (a) only with the approval of the following:
            (1) Each of the congressional intelligence committees.
            (2) Each of the Committee on Governmental Affairs of the 
        Senate and the Committee on Government Reform of the House of 
        Representatives.

SEC. 334. NATIONAL INTELLIGENCE DIRECTOR REPORT ON IMPLEMENTATION OF 
              INTELLIGENCE COMMUNITY REFORM.

    Not later than one year after the date of the enactment of this 
Act, the National Intelligence Director shall submit to Congress a 
report on the progress made in the implementation of this Act, 
including the amendments made by this Act. The report shall include a 
comprehensive description of the progress made, and may include such 
recommendations for additional legislative or administrative action as 
the Director considers appropriate.

SEC. 335. COMPTROLLER GENERAL REPORTS ON IMPLEMENTATION OF INTELLIGENCE 
              COMMUNITY REFORM.

    (a) Reports.--(1) Not later than two years after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to Congress a comprehensive report on the implementation 
of this Act and the amendments made by this Act.
    (2) The Comptroller General may submit to Congress at any time 
during the two-year period beginning on the date of the enactment of 
this Act, such reports on the progress made in the implementation of 
this Act and the amendments made by this Act as the Comptroller General 
considers appropriate.
    (b) Report Elements.--Each report under subsection (a) shall 
include the following:
            (1) The assessment of the Comptroller General of the 
        progress made in the implementation of this Act (and the 
        amendments made by this Act) as of the date of such report.
            (2) A description of any delays or other shortfalls in the 
        implementation of this Act that have been identified by the 
        Comptroller General.
            (3) Any recommendations for additional legislative or 
        administrative action that the Comptroller General considers 
        appropriate.
    (c) Agency Cooperation.--Each department, agency, and element of 
the United States Government shall cooperate with the Comptroller 
General in the assessment of the implementation of this Act, and shall 
provide the Comptroller General timely and complete access to relevant 
documents in accordance with section 716 of title 31, United States 
Code.

SEC. 336. GENERAL REFERENCES.

    (a) Director of Central Intelligence as Head of Intelligence 
Community.--Any reference to the Director of Central Intelligence or 
the Director of the Central Intelligence Agency 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 National Intelligence Director.
    (b) Director of Central Intelligence as Head of CIA.--Any reference 
to the Director of Central Intelligence or the Director of the Central 
Intelligence Agency 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) Office of the Deputy Director of Central Intelligence for 
Community Management.--Any reference to the Office of the Deputy 
Director of Central Intelligence for Community Management in any law, 
regulation, document, paper, or other record of the United States shall 
be deemed to be a reference to the staff of such office within the 
Office of the National Intelligence Director under section 121.

                       Subtitle D--Effective Date

SEC. 341. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), this Act, 
and the amendments made by this Act, shall take effect 180 days after 
the date of the enactment of this Act.
    (b) Earlier Effective Date.--In order to ensure the rapid 
implementation of this Act while simultaneously ensuring a smooth 
transition that will safeguard the national security of the United 
States, the President may provide that this Act (including the 
amendments made by this Act), or one or more particular provisions of 
this Act (including the amendments made by such provision or 
provisions), shall take effect on such date that is earlier than the 
date otherwise provided under subsection (a) as the President shall 
specify.
    (c) Notification of Effective Dates.--If the President exercises 
the authority in subsection (b), the President shall--
            (1) notify Congress of the exercise of such authority; and
            (2) publish in the Federal Register notice of the earlier 
        effective date or dates involved, including each provision (and 
        amendment) covered by such earlier effective date.

                       Subtitle E--Other Matters

SEC. 351. SEVERABILITY.

    If any provision of this Act, or an amendment made by this Act, or 
the application of such provision to any person or circumstance is held 
invalid, the remainder of this Act, or the application of such 
provision to persons or circumstances other than those to which such 
provision is held invalid, shall not be affected thereby.

SEC. 352. AUTHORIZATION OF APPROPRIATIONS.

    There are specifically authorized to be appropriated for fiscal 
year 2005 such sums as may be necessary to carry out this Act and the 
amendments made by this Act.




                                                       Calendar No. 712

108th CONGRESS

  2d Session

                                S. 2840

_______________________________________________________________________

                                 A BILL

     To reform the intelligence community and the intelligence and 
 intelligence-related activities of the United States Government, and 
                          for other purposes.

_______________________________________________________________________

                           September 23, 2004

                 Read twice and placed on the calendar