[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2845 Placed on Calendar Senate (PCS)]
Calendar No. 716
108th CONGRESS
2d Session
S. 2845
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 (for herself and Mr. Lieberman) introduced the following
bill; which was read the first time
September 24, 2004
Read the second time 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;
(4) 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
(5) 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)).
(C) Section 1001(c) (50 U.S.C. 441g(c)), the first place it
appears.
(D) Section 1001(d)(1)(B) (50 U.S.C. 441g(d)(1)(B)).
(E) 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).
(A) Section 16(c)(1)(B) (50 U.S.C. 403p(c)(1)(B)).
(B) Section 17(d)(1) (50 U.S.C. 403q(d)(1)).
(C) Section 20(c) (50 U.S.C. 403t(c)).
(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. 716
108th CONGRESS
2d Session
S. 2845
_______________________________________________________________________
A BILL
To reform the intelligence community and the intelligence and
intelligence-related activities of the United States Government, and
for other purposes.
_______________________________________________________________________
September 24, 2004
Read the second time and placed on the calendar