SEC. 1011. REORGANIZATION AND IMPROVEMENT OF MANAGEMENT OF INTELLIGENCE COMMUNITY.
Contents
Subtitle A--Establishment of Director of National Intelligence
SEC. 1011. REORGANIZATION AND IMPROVEMENT OF MANAGEMENT OF INTELLIGENCE COMMUNITY.
(a) In General.--Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.) is amended by striking sections
102 through 104 and inserting the following new sections:
``DIRECTOR OF NATIONAL INTELLIGENCE
``Sec. 102. (a) Director of National Intelligence.--(1)
There is a Director of National Intelligence who shall be
appointed by the President, by and with the advice and consent
of the Senate. Any individual nominated for appointment as
Director of National Intelligence shall have extensive national
security expertise.
``(2) The Director of National Intelligence shall not be
located within the Executive Office of the President.
``(b) Principal Responsibility.--Subject to the authority,
direction, and control of the President, the Director of
National Intelligence shall--
``(1) serve as head of the intelligence community;
``(2) act as the principal adviser to the
President, to the National Security Council, and the
Homeland Security Council for intelligence matters
related to the national security; and
``(3) consistent with section 1018 of the National
Security Intelligence Reform Act of 2004, oversee and
direct the implementation of the National Intelligence
Program.
``(c) Prohibition on Dual Service.--The individual serving
in the position of Director of National Intelligence shall not,
while so serving, also serve as the Director of the Central
Intelligence Agency or as the head of any other element of the
intelligence community.
``RESPONSIBILITIES AND AUTHORITIES OF THE DIRECTOR OF NATIONAL
INTELLIGENCE
``Sec. 102A. (a) Provision of Intelligence.--(1) The
Director of National Intelligence shall be responsible for
ensuring that national intelligence is provided--
``(A) to the President;
``(B) to the heads of departments and agencies of
the executive branch;
``(C) to the Chairman of the Joint Chiefs of Staff
and senior military commanders;
``(D) to the Senate and House of Representatives
and the committees thereof; and
``(E) to such other persons as the Director of
National Intelligence determines to be appropriate.
``(2) Such national intelligence should be timely,
objective, independent of political considerations, and based
upon all sources available to the intelligence community and
other appropriate entities.
``(b) Access to Intelligence.--Unless otherwise directed by
the President, the Director of National Intelligence shall have
access to all national intelligence and intelligence related to
the national security which is collected by any Federal
department, agency, or other entity, except as otherwise
provided by law or, as appropriate, under guidelines agreed
upon by the Attorney General and the Director of National
Intelligence.
``(c) Budget Authorities.--(1) With respect to budget
requests and appropriations for the National Intelligence
Program, the Director of National Intelligence shall--
``(A) based on intelligence priorities set by the
President, provide to the heads of departments
containing agencies or organizations within the
intelligence community, and to the heads of such
agencies and organizations, guidance for developing the
National Intelligence Program budget pertaining to such
agencies and organizations;
``(B) based on budget proposals provided to the
Director of National Intelligence by the heads of
agencies and organizations within the intelligence
community and the heads of their respective departments
and, as appropriate, after obtaining the advice of the
Joint Intelligence Community Council, develop and
determine an annual consolidated National Intelligence
Program budget; and
``(C) present such consolidated National
Intelligence Program budget, together with any comments
from the heads of departments containing agencies or
organizations within the intelligence community, to the
President for approval.
``(2) In addition to the information provided under
paragraph (1)(B), the heads of agencies and organizations
within the intelligence community shall provide the Director of
National Intelligence such other information as the Director
shall request for the purpose of determining the annual
consolidated National Intelligence Program budget under that
paragraph.
``(3)(A) The Director of National Intelligence shall
participate in the development by the Secretary of Defense of
the annual budgets for the Joint Military Intelligence Program
and for Tactical Intelligence and Related Activities.
``(B) The Director of National Intelligence shall provide
guidance for the development of the annual budget for each
element of the intelligence community that is not within the
National Intelligence Program.
``(4) The Director of National Intelligence shall ensure
the effective execution of the annual budget for intelligence
and intelligence-related activities.
``(5)(A) The Director of National Intelligence shall be
responsible for managing appropriations for the National
Intelligence Program by directing the allotment or allocation
of such appropriations through the heads of the departments
containing agencies or organizations within the intelligence
community and the Director of the Central Intelligence Agency,
with prior notice (including the provision of appropriate
supporting information) to the head of the department
containing an agency or organization receiving any such
allocation or allotment or the Director of the Central
Intelligence Agency.
``(B) Notwithstanding any other provision of law, pursuant
to relevant appropriations Acts for the National Intelligence
Program, the Director of the Office of Management and Budget
shall exercise the authority of the Director of the Office of
Management and Budget to apportion funds, at the exclusive
direction of the Director of National Intelligence, for
allocation to the elements of the intelligence community
through the relevant host executive departments and the Central
Intelligence Agency. Department comptrollers or appropriate
budget execution officers shall allot, allocate, reprogram, or
transfer funds appropriated for the National Intelligence
Program in an expeditious manner.
``(C) The Director of National Intelligence shall monitor
the implementation and execution of the National Intelligence
Program by the heads of the elements of the intelligence
community that manage programs and activities that are part of
the National Intelligence Program, which may include audits and
evaluations.
``(6) Apportionment and allotment of funds under this
subsection shall be subject to chapter 13 and section 1517 of
title 31, United States Code, and the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.).
``(7)(A) The Director of National Intelligence shall
provide a semi-annual report, beginning April 1, 2005, and
ending April 1, 2007, to the President and the Congress
regarding implementation of this section.
``(B) The Director of National Intelligence shall report to
the President and the Congress not later than 15 days after
learning of any instance in which a departmental comptroller
acts in a manner inconsistent with the law (including permanent
statutes, authorization Acts, and appropriations Acts), or the
direction of the Director of National Intelligence, in carrying
out the National Intelligence Program.
``(d) Role of Director of National Intelligence in Transfer
and Reprogramming of Funds.--(1)(A) No funds made available
under the National Intelligence Program may be transferred or
reprogrammed without the prior approval of the Director of
National Intelligence, except in accordance with procedures
prescribed by the Director of National Intelligence.
``(B) The Secretary of Defense shall consult with the
Director of National Intelligence before transferring or
reprogramming funds made available under the Joint Military
Intelligence Program.
``(2) Subject to the succeeding provisions of this
subsection, the Director of National Intelligence may transfer
or reprogram funds appropriated for a program within the
National Intelligence Program to another such program.
``(3) The Director of National Intelligence may only
transfer or reprogram funds referred to in subparagraph (A)--
``(A) with the approval of the Director of the
Office of Management and Budget; and
``(B) after consultation with the heads of
departments containing agencies or organizations within
the intelligence community to the extent such agencies
or organizations are affected, and, in the case of the
Central Intelligence Agency, after consultation with
the Director of the Central Intelligence Agency.
``(4) The amounts available for transfer or reprogramming
in the National Intelligence Program in any given fiscal year,
and the terms and conditions governing such transfers and
reprogrammings, are subject to the provisions of annual
appropriations Acts and this subsection.
``(5)(A) A transfer or reprogramming of funds or personnel
may be made under this subsection only if--
``(i) the funds are being transferred to an
activity that is a higher priority intelligence
activity;
``(ii) the transfer or reprogramming supports an
emergent need, improves program effectiveness, or
increases efficiency;
``(iii) the transfer or reprogramming does not
involve a transfer or reprogramming of funds to a
Reserve for Contingencies of the Director of National
Intelligence or the Reserve for Contingencies of the
Central Intelligence Agency;
``(iv) the transfer or reprogramming results in a
cumulative transfer or reprogramming of funds out of
any department or agency, as appropriate, funded in the
National Intelligence Program in a single fiscal year--
``(I) that is less than $150,000,000, and
``(II) that is less than 5 percent of
amounts available to a department or agency
under the National Intelligence Program; and
``(v) the transfer or reprogramming does not
terminate an acquisition program.
``(B) A transfer or reprogramming may be made without
regard to a limitation set forth in clause (iv) or (v) of
subparagraph (A) if the transfer has the concurrence of the
head of the department involved or the Director of the Central
Intelligence Agency (in the case of the Central Intelligence
Agency). The authority to provide such concurrence may only be
delegated by the head of the department or agency involved to
the deputy of such officer.
``(6) Funds transferred or reprogrammed under this
subsection shall remain available for the same period as the
appropriations account to which transferred or reprogrammed.
``(7) Any transfer or reprogramming 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 or
reprogramming for which notice is given to the appropriate
congressional committees shall be accompanied by a report
explaining the nature of the proposed transfer or reprogramming
and how it satisfies the requirements of this subsection. In
addition, the congressional intelligence committees shall be
promptly notified of any transfer or reprogramming of funds
made pursuant to this subsection in any case in which the
transfer or reprogramming would not have otherwise required
reprogramming notification under procedures in effect as of the
date of the enactment of this subsection.
``(e) Transfer of Personnel.--(1)(A) In addition to any
other authorities available under law for such purposes, in the
first twelve months after establishment of a new national
intelligence center, the Director of National Intelligence,
with the approval of the Director of the Office of Management
and Budget and in consultation with the congressional
committees of jurisdiction referred to in subparagraph (B), may
transfer not more than 100 personnel authorized for elements of
the intelligence community to such center.
``(B) The Director of National Intelligence shall promptly
provide notice of any transfer of personnel made pursuant to
this paragraph to--
``(i) the congressional intelligence committees;
``(ii) the Committees on Appropriations of the
Senate and the House of Representatives;
``(iii) in the case of the transfer of personnel to
or from the Department of Defense, the Committees on
Armed Services of the Senate and the House of
Representatives; and
``(iv) in the case of the transfer of personnel to
or from the Department of Justice, to the Committees on
the Judiciary of the Senate and the House of
Representatives.
``(C) The Director shall include in any notice under
subparagraph (B) an explanation of the nature of the transfer
and how it satisfies the requirements of this subsection.
``(2)(A) The Director of National Intelligence, with the
approval of the Director of the Office of Management and Budget
and in accordance with procedures to be developed by the
Director of National Intelligence and the heads of the
departments and agencies concerned, may transfer personnel
authorized for an element of the intelligence community to
another such element for a period of not more than 2 years.
``(B) A transfer of personnel may be made under this
paragraph only if--
``(i) the personnel are being transferred to an
activity that is a higher priority intelligence
activity; and
``(ii) the transfer supports an emergent need,
improves program effectiveness, or increases
efficiency.
``(C) The Director of National Intelligence shall promptly
provide notice of any transfer of personnel made pursuant to
this paragraph to--
``(i) the congressional intelligence committees;
``(ii) in the case of the transfer of personnel to
or from the Department of Defense, the Committees on
Armed Services of the Senate and the House of
Representatives; and
``(iii) in the case of the transfer of personnel to
or from the Department of Justice, to the Committees on
the Judiciary of the Senate and the House of
Representatives.
``(D) The Director shall include in any notice under
subparagraph (C) an explanation of the nature of the transfer
and how it satisfies the requirements of this paragraph.
``(3) It is the sense of Congress that--
``(A) the nature of the national security threats
facing the United States will continue to challenge the
intelligence community to respond rapidly and flexibly
to bring analytic resources to bear against emerging
and unforeseen requirements;
``(B) both the Office of the Director of National
Intelligence and any analytic centers determined to be
necessary should be fully and properly supported with
appropriate levels of personnel resources and that the
President's yearly budget requests adequately support
those needs; and
``(C) the President should utilize all legal and
administrative discretion to ensure that the Director
of National Intelligence and all other elements of the
intelligence community have the necessary resources and
procedures to respond promptly and effectively to
emerging and unforeseen national security challenges.
``(f) Tasking and Other Authorities.--(1)(A) The Director
of National Intelligence shall--
``(i) establish objectives, priorities, and
guidance for the intelligence community to ensure
timely and effective collection, processing, analysis,
and dissemination (including access by users to
collected data consistent with applicable law and, as
appropriate, the guidelines referred to in subsection
(b) and analytic products generated by or within the
intelligence community) of national intelligence;
``(ii) determine requirements and priorities for,
and manage and direct the tasking of, collection,
analysis, production, and dissemination of national
intelligence by elements of the intelligence community,
including--
``(I) approving requirements (including
those requirements responding to needs provided
by consumers) for collection and analysis; and
``(II) resolving conflicts in collection
requirements and in the tasking of national
collection assets of the elements of the
intelligence community; and
``(iii) provide advisory tasking to intelligence
elements of those agencies and departments not within
the National Intelligence Program.
``(B) The authority of the Director of National
Intelligence under subparagraph (A) shall not apply--
``(i) insofar as the President so directs;
``(ii) with respect to clause (ii) of subparagraph
(A), insofar as the Secretary of Defense exercises
tasking authority under plans or arrangements agreed
upon by the Secretary of Defense and the Director of
National Intelligence; or
``(iii) to the direct dissemination of information
to State government and local government officials and
private sector entities pursuant to sections 201 and
892 of the Homeland Security Act of 2002 (6 U.S.C. 121,
482).
``(2) The Director of National Intelligence shall oversee
the National Counterterrorism Center and may establish such
other national intelligence centers as the Director determines
necessary.
``(3)(A) The Director of National Intelligence shall
prescribe, 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--
``(i) encourage and facilitate assignments and
details of personnel to national intelligence centers,
and between elements of the intelligence community;
``(ii) set standards for education, training, and
career development of personnel of the intelligence
community;
``(iii) encourage and facilitate the recruitment
and retention by the intelligence community of highly
qualified individuals for the effective conduct of
intelligence activities;
``(iv) ensure that the personnel of the
intelligence community are 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;
``(v) 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; and
``(vi) ensure the effective management of
intelligence community personnel who are responsible
for intelligence community-wide matters.
``(B) Policies prescribed under subparagraph (A) shall not
be inconsistent with the personnel policies otherwise
applicable to members of the uniformed services.
``(4) The Director of National Intelligence shall ensure
compliance with the Constitution and laws of the United States
by the Central Intelligence Agency and shall ensure such
compliance by other elements of the intelligence community
through the host executive departments that manage the programs
and activities that are part of the National Intelligence
Program.
``(5) The Director of National Intelligence shall ensure
the elimination of waste and unnecessary duplication within the
intelligence community.
``(6) The Director of National Intelligence shall 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 national intelligence purposes, except that the
Director shall have no authority to direct or undertake
electronic surveillance or physical search operations pursuant
to that Act unless authorized by statute or Executive order.
``(7) The Director of National Intelligence shall perform
such other functions as the President may direct.
``(8) Nothing in this title shall be construed as affecting
the role of the Department of Justice or the Attorney General
under the Foreign Intelligence Surveillance Act of 1978.
``(g) Intelligence Information Sharing.--(1) The Director
of National Intelligence shall have principal authority to
ensure maximum availability of and access to intelligence
information within the intelligence community consistent with
national security requirements. The Director of National
Intelligence shall--
``(A) establish uniform security standards and
procedures;
``(B) establish common information technology
standards, protocols, and interfaces;
``(C) ensure development of information technology
systems that include multi-level security and
intelligence integration capabilities;
``(D) establish policies and procedures to resolve
conflicts between the need to share intelligence
information and the need to protect intelligence
sources and methods;
``(E) develop an enterprise architecture for the
intelligence community and ensure that elements of the
intelligence community comply with such architecture;
and
``(F) have procurement approval authority over all
enterprise architecture-related information technology
items funded in the National Intelligence Program.
``(2) The President shall ensure that the Director of
National Intelligence has all necessary support and authorities
to fully and effectively implement paragraph (1).
``(3) Except as otherwise directed by the President or with
the specific written agreement of the head of the department or
agency in question, a Federal agency or official shall not be
considered to have met any obligation to provide any
information, report, assessment, or other material (including
unevaluated intelligence information) to that department or
agency solely by virtue of having provided that information,
report, assessment, or other material to the Director of
National Intelligence or the National Counterterrorism Center.
``(4) Not later than February 1 of each year, the Director
of National Intelligence shall submit to the President and to
the Congress an annual report that identifies any statute,
regulation, policy, or practice that the Director believes
impedes the ability of the Director to fully and effectively
implement paragraph (1).
``(h) Analysis.--To ensure the most accurate analysis of
intelligence is derived from all sources to support national
security needs, the Director of National Intelligence shall--
``(1) implement policies and procedures--
``(A) to encourage sound analytic methods
and tradecraft throughout the elements of the
intelligence community;
``(B) to ensure that analysis is based upon
all sources available; and
``(C) to ensure that the elements of the
intelligence community regularly conduct
competitive analysis of analytic products,
whether such products are produced by or
disseminated to such elements;
``(2) ensure that resource allocation for
intelligence analysis is appropriately proportional to
resource allocation for intelligence collection systems
and operations in order to maximize analysis of all
collected data;
``(3) ensure that differences in analytic judgment
are fully considered and brought to the attention of
policymakers; and
``(4) ensure that sufficient relationships are
established between intelligence collectors and
analysts to facilitate greater understanding of the
needs of analysts.
``(i) Protection of Intelligence Sources and Methods.--(1)
The Director of National Intelligence shall protect
intelligence sources and methods from unauthorized disclosure.
``(2) Consistent with paragraph (1), in order to maximize
the dissemination of intelligence, the Director of National
Intelligence shall establish and implement guidelines for the
intelligence community for the following purposes:
``(A) Classification of information under
applicable law, Executive orders, or other Presidential
directives.
``(B) Access to and dissemination of intelligence,
both in final form and in the form when initially
gathered.
``(C) Preparation of intelligence products in such
a way that source information is removed to allow for
dissemination at the lowest level of classification
possible or in unclassified form to the extent
practicable.
``(3) The Director may only delegate a duty or authority
given the Director under this subsection to the Principal
Deputy Director of National Intelligence.
``(j) Uniform Procedures for Sensitive Compartmented
Information.--The Director of National Intelligence, subject to
the direction of the President, shall--
``(1) establish uniform standards and procedures
for the grant of access to sensitive compartmented
information to any officer or employee of any agency or
department of the United States and to employees of
contractors of those agencies or departments;
``(2) ensure the consistent implementation of those
standards and procedures throughout such agencies and
departments;
``(3) ensure that security clearances granted by
individual elements of the intelligence community are
recognized by all elements of the intelligence
community, and under contracts entered into by those
agencies; and
``(4) ensure that the process for investigation and
adjudication of an application for access to sensitive
compartmented information is performed in the most
expeditious manner possible consistent with applicable
standards for national security.
``(k) Coordination With Foreign Governments.--Under the
direction of the President and in a manner consistent with
section 207 of the Foreign Service Act of 1980 (22 U.S.C.
3927), the Director of National Intelligence shall oversee the
coordination of the relationships between elements of the
intelligence community and the intelligence or security
services of foreign governments or international organizations
on all matters involving intelligence related to the national
security or involving intelligence acquired through clandestine
means.
``(l) Enhanced Personnel Management.--(1)(A) The Director
of National Intelligence shall, under regulations prescribed by
the Director, provide incentives for personnel of elements of
the intelligence community to serve--
``(i) on the staff of the Director of National
Intelligence;
``(ii) on the staff of the national intelligence
centers;
``(iii) on the staff of the National
Counterterrorism Center; and
``(iv) in other positions in support of the
intelligence community management functions of the
Director.
``(B) Incentives under subparagraph (A) may include
financial incentives, bonuses, and such other awards and
incentives as the Director considers appropriate.
``(2)(A) Notwithstanding any other provision of law, the
personnel of an element of the intelligence community who are
assigned or detailed under paragraph (1)(A) to service under
the Director of National Intelligence shall be promoted at
rates equivalent to or better than personnel of such element
who are not so assigned or detailed.
``(B) The Director may prescribe regulations to carry out
this section.
``(3)(A) The Director of National Intelligence 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,
users, and capabilities.
``(B) The mechanisms prescribed under subparagraph (A) may
include the following:
``(i) The establishment of special occupational
categories involving service, over the course of a
career, in more than one element of the intelligence
community.
``(ii) The provision of rewards for service in
positions undertaking analysis and planning of
operations involving two or more elements of the
intelligence community.
``(iii) The establishment of requirements for
education, training, service, and evaluation for
service involving more than one element of the
intelligence community.
``(C) It is the sense of Congress that the mechanisms
prescribed under this subsection should, to the extent
practical, seek to duplicate for civilian personnel within the
intelligence community the joint officer management policies
established by chapter 38 of title 10, United States Code, and
the other amendments made by title IV of the Goldwater-Nichols
Department of Defense Reorganization Act of 1986 (Public Law
99-433).
``(4)(A) Except as provided in subparagraph (B) and
subparagraph (D), this subsection shall not apply with respect
to personnel of the elements of the intelligence community who
are members of the uniformed services.
``(B) Mechanisms that establish requirements for education
and training pursuant to paragraph (3)(B)(iii) may apply with
respect to members of the uniformed services who are assigned
to an element of the intelligence community funded through the
National Intelligence Program, but such mechanisms shall not be
inconsistent with personnel policies and education and training
requirements otherwise applicable to members of the uniformed
services.
``(C) The personnel policies and programs developed and
implemented under this subsection with respect to law
enforcement officers (as that term is defined in section
5541(3) of title 5, United States Code) shall not affect the
ability of law enforcement entities to conduct operations or,
through the applicable chain of command, to control the
activities of such law enforcement officers.
``(D) Assignment to the Office of the Director of National
Intelligence of commissioned officers of the Armed Forces shall
be considered a joint-duty assignment for purposes of the joint
officer management policies prescribed by chapter 38 of title
10, United States Code, and other provisions of that title.
``(m) Additional Authority With Respect to Personnel.--(1)
In addition to the authorities under subsection (f)(3), the
Director of National Intelligence may exercise with respect to
the personnel of the Office of the Director of National
Intelligence 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 subsection 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.
``(2) Employees and applicants for employment of the Office
of the Director of National Intelligence shall have the same
rights and protections under the Office of the Director of
National Intelligence 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 subsection.
``(n) Acquisition Authorities.--(1) In carrying out the
responsibilities and authorities under this section, the
Director of National Intelligence may exercise the acquisition
and appropriations authorities referred to in the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) other
than the authorities referred to in section 8(b) of that Act
(50 U.S.C. 403j(b)).
``(2) For the purpose of the exercise of any authority
referred to in paragraph (1), a reference to the head of an
agency shall be deemed to be a reference to the Director of
National Intelligence or the Principal Deputy Director of
National Intelligence.
``(3)(A) Any determination or decision to be made under an
authority referred to in paragraph (1) by the head of an agency
may be made with respect to individual purchases and contracts
or with respect to classes of purchases or contracts, and shall
be final.
``(B) Except as provided in subparagraph (C), the Director
of National Intelligence or the Principal Deputy Director of
National Intelligence may, in such official's discretion,
delegate to any officer or other official of the Office of the
Director of National Intelligence any authority to make a
determination or decision as the head of the agency under an
authority referred to in paragraph (1).
``(C) The limitations and conditions set forth in section
3(d) of the Central Intelligence Agency Act of 1949 (50 U.S.C.
403c(d)) shall apply to the exercise by the Director of
National Intelligence of an authority referred to in paragraph
(1).
``(D) Each determination or decision required by an
authority referred to in the second sentence of section 3(d) of
the Central Intelligence Agency Act of 1949 shall be based upon
written findings made by the official making such determination
or decision, which findings shall be final and shall be
available within the Office of the Director of National
Intelligence for a period of at least six years following the
date of such determination or decision.
``(o) Consideration of Views of Elements of Intelligence
Community.--In carrying out the duties and responsibilities
under this section, the Director of National Intelligence shall
take into account the views of a head of a department
containing an element of the intelligence community and of the
Director of the Central Intelligence Agency.
``(p) Responsibility of Director of National Intelligence
Regarding National Intelligence Program Budget Concerning the
Department of Defense.--Subject to the direction of the
President, the Director of National Intelligence shall, after
consultation with the Secretary of Defense, ensure that the
National Intelligence Program budgets for the elements of the
intelligence community that are within the Department of
Defense are adequate to satisfy the national intelligence needs
of the Department of Defense, including the needs of the
Chairman of the Joint Chiefs of Staff and the commanders of the
unified and specified commands, and wherever such elements are
performing Government-wide functions, the needs of other
Federal departments and agencies.
``(q) Acquisitions of Major Systems.--(1) For each
intelligence program within the National Intelligence Program
for the acquisition of a major system, the Director of National
Intelligence shall--
``(A) require the development and implementation of
a program management plan that includes cost, schedule,
and performance goals and program milestone criteria,
except that with respect to Department of Defense
programs the Director shall consult with the Secretary
of Defense;
``(B) serve as exclusive milestone decision
authority, except that with respect to Department of
Defense programs the Director shall serve as milestone
decision authority jointly with the Secretary of
Defense or the designee of the Secretary; 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) If the Director of National Intelligence and the
Secretary of Defense are unable to reach an agreement on a
milestone decision under paragraph (1)(B), the President shall
resolve the conflict.
``(3) Nothing in this subsection may be construed to limit
the authority of the Director of National Intelligence to
delegate to any other official any authority to perform the
responsibilities of the Director under this subsection.
``(4) 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)).
``(r) Performance of Common Services.--The Director of
National Intelligence 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, 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 Director of National Intelligence determines can
be more efficiently accomplished in a consolidated manner.
``OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
``Sec. 103. (a) Office of Director of National
Intelligence.--There is an Office of the Director of National
Intelligence.
``(b) Function.--The function of the Office of the Director
of National Intelligence is to assist the Director of National
Intelligence 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 Director of National
Intelligence is composed of the following:
``(1) The Director of National Intelligence.
``(2) The Principal Deputy Director of National
Intelligence.
``(3) Any Deputy Director of National Intelligence
appointed under section 103A.
``(4) The National Intelligence Council.
``(5) The General Counsel.
``(6) The Civil Liberties Protection Officer.
``(7) The Director of Science and Technology.
``(8) The National Counterintelligence Executive
(including the Office of the National
Counterintelligence Executive).
``(9) Such other offices and officials as may be
established by law or the Director may establish or
designate in the Office, including national
intelligence centers.
``(d) Staff.--(1) To assist the Director of National
Intelligence in fulfilling the duties and responsibilities of
the Director, the Director shall employ and utilize in the
Office of the Director of National Intelligence a professional
staff having an expertise in matters relating to such 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 Director of National
Intelligence 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
Director of National Intelligence under section 1091 of the
National Security Intelligence Reform Act of 2004.
``(e) Limitation on Co-Location With Other Elements of
Intelligence Community.--Commencing as of October 1, 2008, the
Office of the Director of National Intelligence may not be co-
located with any other element of the intelligence community.
``DEPUTY DIRECTORS OF NATIONAL INTELLIGENCE
``Sec. 103A. (a) Principal Deputy Director of National
Intelligence.--(1) There is a Principal Deputy Director of
National Intelligence 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 Director of National Intelligence, the
Director of National Intelligence shall recommend to the
President an individual for appointment as Principal Deputy
Director of National Intelligence.
``(3) Any individual nominated for appointment as Principal
Deputy Director of National Intelligence shall have extensive
national security experience and management expertise.
``(4) The individual serving as Principal Deputy Director
of National Intelligence shall not, while so serving, serve in
any capacity in any other element of the intelligence
community.
``(5) The Principal Deputy Director of National
Intelligence shall assist the Director of National Intelligence
in carrying out the duties and responsibilities of the
Director.
``(6) The Principal Deputy Director of National
Intelligence shall act for, and exercise the powers of, the
Director of National Intelligence during the absence or
disability of the Director of National Intelligence or during a
vacancy in the position of Director of National Intelligence.
``(b) Deputy Directors of National Intelligence.--(1) There
may be not more than four Deputy Directors of National
Intelligence who shall be appointed by the Director of National
Intelligence.
``(2) Each Deputy Director of National Intelligence
appointed under this subsection shall have such duties,
responsibilities, and authorities as the Director of National
Intelligence may assign or are specified by law.
``(c) Military Status of Director of National Intelligence
and Principal Deputy Director of National Intelligence.--(1)
Not more than one of the individuals serving in the positions
specified in paragraph (2) may be a commissioned officer of the
Armed Forces in active status.
``(2) The positions referred to in this paragraph are the
following:
``(A) The Director of National Intelligence.
``(B) The Principal Deputy Director of National
Intelligence.
``(3) It is the sense of Congress that, under ordinary
circumstances, it is desirable that one of the individuals
serving in the positions specified in paragraph (2)--
``(A) be a commissioned officer of the Armed
Forces, in active status; or
``(B) have, by training or experience, an
appreciation of military intelligence activities and
requirements.
``(4) A commissioned officer of the Armed Forces, while
serving in a position specified in paragraph (2)--
``(A) shall not be subject to supervision or
control by the Secretary of Defense or by any officer
or employee of the Department of Defense;
``(B) shall not exercise, by reason of the
officer's status as a commissioned officer, any
supervision or control with respect to any of the
military or civilian personnel of the Department of
Defense except as otherwise authorized by law; and
``(C) shall not be counted against the numbers and
percentages of commissioned officers of the rank and
grade of such officer authorized for the military
department of that officer.
``(5) Except as provided in subparagraph (A) or (B) of
paragraph (4), the appointment of an officer of the Armed
Forces to a position specified in paragraph (2) shall not
affect the status, position, rank, or grade of such officer in
the Armed Forces, or any emolument, perquisite, right,
privilege, or benefit incident to or arising out of such
status, position, rank, or grade.
``(6) A commissioned officer of the Armed Forces on active
duty who is appointed to a position specified in paragraph (2),
while serving in such position and while remaining on active
duty, shall continue to receive military pay and allowances and
shall not receive the pay prescribed for such position. Funds
from which such pay and allowances are paid shall be reimbursed
from funds available to the Director of National Intelligence.
``NATIONAL INTELLIGENCE COUNCIL
``Sec. 103B. (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 Director of National Intelligence.
``(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 Director of National
Intelligence in carrying out the responsibilities of
the Director under section 102A.
``(2) The Director of National Intelligence shall ensure
that the Council satisfies the needs of policymakers and other
consumers of intelligence.
``(d) Service as Senior Intelligence Advisers.--Within
their respective areas of expertise and under the direction of
the Director of National Intelligence, 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 Director of National Intelligence, 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 Director of National Intelligence 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 Director
of National Intelligence 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
Director of National Intelligence.
``(i) National Intelligence Council Product.--For purposes
of this section, the term `National Intelligence Council
product' includes a National Intelligence Estimate and any
other intelligence community assessment that sets forth the
judgment of the intelligence community as a whole on a matter
covered by such product.
``GENERAL COUNSEL
``Sec. 103C. (a) General Counsel.--There is a General
Counsel of the Office of the Director of National Intelligence
who shall be appointed 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 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 is the chief
legal officer of the Office of the Director of National
Intelligence.
``(d) Functions.--The General Counsel shall perform such
functions as the Director of National Intelligence may
prescribe.
``CIVIL LIBERTIES PROTECTION OFFICER
``Sec. 103D. (a) Civil Liberties Protection Officer.--(1)
Within the Office of the Director of National Intelligence,
there is a Civil Liberties Protection Officer who shall be
appointed by the Director of National Intelligence.
``(2) The Civil Liberties Protection Officer shall report
directly to the Director of National Intelligence.
``(b) Duties.--The Civil Liberties Protection Officer
shall--
``(1) ensure that the protection of civil liberties
and privacy is appropriately incorporated in the
policies and procedures developed for and implemented
by the Office of the Director of National Intelligence
and the elements of the intelligence community within
the National Intelligence Program;
``(2) oversee compliance by the Office and the
Director of National Intelligence with requirements
under the Constitution and all laws, regulations,
Executive orders, and implementing guidelines relating
to civil liberties and privacy;
``(3) review and assess complaints and other
information indicating possible abuses of civil
liberties and privacy in the administration of the
programs and operations of the Office and the Director
of National Intelligence and, as appropriate,
investigate any such complaint or information;
``(4) ensure that the use of technologies sustain,
and do not erode, privacy protections relating to the
use, collection, and disclosure of personal
information;
``(5) ensure that personal information contained in
a system of records subject to section 552a of title 5,
United States Code (popularly referred to as the
`Privacy Act'), is handled in full compliance with fair
information practices as set out in that section;
``(6) conduct privacy impact assessments when
appropriate or as required by law; and
``(7) perform such other duties as may be
prescribed by the Director of National Intelligence or
specified by law.
``(c) Use of Agency Inspectors General.--When appropriate,
the Civil Liberties Protection Officer may refer complaints to
the Office of Inspector General having responsibility for the
affected element of the department or agency of the
intelligence community to conduct an investigation under
paragraph (3) of subsection (b).
``DIRECTOR OF SCIENCE AND TECHNOLOGY
``Sec. 103E. (a) Director of Science and Technology.--There
is a Director of Science and Technology within the Office of
the Director of National Intelligence who shall be appointed by
the Director of National Intelligence.
``(b) Requirement Relating to Appointment.--An individual
appointed as Director of Science and Technology shall have a
professional background and experience appropriate for the
duties of the Director of Science and Technology.
``(c) Duties.--The Director of Science and Technology
shall--
``(1) act as the chief representative of the
Director of National Intelligence for science and
technology;
``(2) chair the Director of National Intelligence
Science and Technology Committee under subsection (d);
``(3) assist the Director in formulating a long-
term strategy for scientific advances in the field of
intelligence;
``(4) assist the Director on the science and
technology elements of the budget of the Office of the
Director of National Intelligence; and
``(5) perform other such duties as may be
prescribed by the Director of National Intelligence or
specified by law.
``(d) Director of National Intelligence Science and
Technology Committee.--(1) There is within the Office of the
Director of Science and Technology a Director of National
Intelligence Science and Technology Committee.
``(2) The Committee shall be composed of the principal
science officers of the National Intelligence Program.
``(3) The Committee shall--
``(A) coordinate advances in research and
development related to intelligence; and
``(B) perform such other functions as the Director
of Science and Technology shall prescribe.
``NATIONAL COUNTERINTELLIGENCE EXECUTIVE
``Sec. 103F. (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.) is a component of
the Office of the Director of National Intelligence.
``(b) Duties.--The National Counterintelligence Executive
shall perform the duties provided in the Counterintelligence
Enhancement Act of 2002 and such other duties as may be
prescribed by the Director of National Intelligence or
specified by law.
``CENTRAL INTELLIGENCE AGENCY
``Sec. 104. (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 104A(c).
``DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY
``Sec. 104A. (a) Director of Central Intelligence Agency.--
There is a Director of the Central Intelligence Agency who
shall be appointed by the President, by and with the advice and
consent of the Senate.
``(b) Supervision.--The Director of the Central
Intelligence Agency shall report to the Director of National
Intelligence regarding the activities 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
related to intelligence affecting the national security
as the President or the Director of National
Intelligence 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 deems 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 Director of National Intelligence 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 or international
organizations on all matters involving intelligence related to
the national security or involving intelligence acquired
through clandestine means.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the human intelligence officers of the
intelligence community have performed admirably and
honorably in the face of great personal dangers;
(2) during an extended period of unprecedented
investment and improvements in technical collection
means, the human intelligence capabilities of the
United States have not received the necessary and
commensurate priorities;
(3) human intelligence is becoming an increasingly
important capability to provide information on the
asymmetric threats to the national security of the
United States;
(4) the continued development and improvement of a
robust and empowered and flexible human intelligence
work force is critical to identifying, understanding,
and countering the plans and intentions of the
adversaries of the United States; and
(5) an increased emphasis on, and resources applied
to, enhancing the depth and breadth of human
intelligence capabilities of the United States
intelligence community must be among the top priorities
of the Director of National Intelligence.
(c) 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 Director of National Intelligence--
(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.
(d) Report.--(1) Not later than 180 days after the date of
the enactment of this Act, the Director of the Central
Intelligence Agency shall submit to the Director of National
Intelligence 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 that strategy.
(B) A strategy for improving the human intelligence
and other capabilities of the Agency, and the progress
of the Agency in implementing that strategy.
(2)(A) The information in the report under paragraph (1) on
the strategy referred to in paragraph (1)(B) shall--
(i) identify the number and types of personnel
required to implement that strategy;
(ii) include a plan for the recruitment, training,
equipping, and deployment of such personnel; and
(iii) set forth an estimate of the costs of such
activities.
(B) If as of the date of the 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.
Contents
Contents
Prev
Next
Last
