II 

108TH CONGRESS 

1ST SESSION S. 190

To establish the Director of National Intelligence as head of the intelligence 

community, to modify and enhance authorities and responsibilities relating to the administration of intelligence and the intelligence community, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 16, 2003

Mrs. FEINSTEIN introduced the following bill; which was read twice and 

referred to the Select Committee on Intelligence 

A BILL

To establish the Director of National Intelligence as head 

of the intelligence community, to modify and enhance 

authorities and responsibilities relating to the administration of intelligence and the intelligence community, and 

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Intelligence Commu5 nity Leadership Act of 2003’’. 
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1 SEC. 2. REORGANIZATION AND IMPROVEMENT OF MANAGE2 MENT OF INTELLIGENCE COMMUNITY. 

3 (a) IN GENERAL.—Title I of the National Security 

4 Act of 1947 (50 U.S.C. 402 et seq.) is amended by strik5 ing sections 102 through 104 and inserting the following 

6 new sections: 

7 ‘‘OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE

8 ‘‘SEC. 102. (a) OFFICE OF DIRECTOR OF NATIONAL

9 INTELLIGENCE.—(1) There is an Office of the Director 

10 of National Intelligence. The function of the Office is to 

11 assist the Director of National Intelligence in carrying out 

12 the duties and responsibilities of the Director under this 

13 Act and to carry out such other duties as may be pre14 scribed by law. 

15 ‘‘(2) The Office of the Director of National Intel16 ligence is composed of the following: 

17 ‘‘(A) The Director of National Intelligence. 

18 ‘‘(B) The Deputy Director of National Intel19 ligence. 

20 ‘‘(C) The Deputy Director of National Intel21 ligence for Community Management. 

22 ‘‘(D) The National Intelligence Council. 

23 ‘‘(E) The Assistant Director of National Intel24 ligence for Collection. 

25 ‘‘(F) The Assistant Director of National Intel26 ligence for Analysis and Production. 
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1 ‘‘(G) The Assistant Director of National Intel2 ligence for Administration. 

3 ‘‘(H) The General Counsel to the Director of 

4 National Intelligence. 

5 ‘‘(I) The Inspector General of the Intelligence 

6 Community. 

7 ‘‘(J) The Office of the National Counterintel8 ligence Executive. 

9 ‘‘(K) Such other offices and officials as may be 

10 established by law or the Director of National Intel11 ligence may establish or designate in the Office. 

12 ‘‘(3) To assist the Director in fulfilling the respon13 sibilities of the Director as head of the intelligence commu14 nity, the Director shall employ and utilize in the Office 

15 of the Director of National Intelligence a professional staff 

16 having an expertise in matters relating to such responsibil17 ities, and may establish permanent positions and appro18 priate rates of pay with respect to that staff. 

19 ‘‘(b) DIRECTOR OF NATIONAL INTELLIGENCE.—(1) 

20 There is a Director of National Intelligence who shall be 

21 appointed by the President, by and with the advice and 

22 consent of the Senate. 

23 ‘‘(2) Any individual nominated for appointment as 

24 Director of National Intelligence shall have extensive na25 tional security expertise. 
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1 ‘‘(3) The Director of National Intelligence shall—

2 ‘‘(A) serve as head of the United States intel3 ligence community; and 

4 ‘‘(B) act as the principal adviser to the Presi5 dent for intelligence matters related to the national 

6 security. 

7 ‘‘(c) DEPUTY DIRECTOR OF NATIONAL INTEL8 LIGENCE.—(1) There is a Deputy Director of National In9 telligence who shall be appointed by the President, by and 

10 with the advice and consent of the Senate. 

11 ‘‘(2) Any individual nominated for appointment as 

12 Deputy Director of National Intelligence shall have exten13 sive national security expertise. 

14 ‘‘(3) The Deputy Director of National Intelligence 

15 shall assist the Director of National Intelligence in car16 rying out the Director’s responsibilities under this Act.

17 ‘‘(4) The Deputy Director of National Intelligence 

18 shall act for, and exercise the powers of, the Director of 

19 National Intelligence during the Director’s absence or dis20 ability or during a vacancy in the position of the Director 

21 of National Intelligence. 

22 ‘‘(5) The Deputy Director of National Intelligence 

23 takes precedence in the Office of the Director of National 

24 Intelligence immediately after the Director of National In25 telligence. 
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1 ‘‘(d) DEPUTY DIRECTOR OF NATIONAL INTEL2 LIGENCE FOR COMMUNITY MANAGEMENT.—(1) There is 

3 a Deputy Director of National Intelligence for Community 

4 Management who shall be appointed by the President, by 

5 and with the advice and consent of the Senate. 

6 ‘‘(2) Any individual nominated for appointment as 

7 Deputy Director of National Intelligence for Community 

8 Management shall have extensive national security exper9 tise. 

10 ‘‘(3) The Deputy Director of National Intelligence for 

11 Community Management shall, subject to the direction of 

12 the Director of National Intelligence, be responsible for 

13 the following: 

14 ‘‘(A) Directing the operations of the Commu15 nity Management Staff. 

16 ‘‘(B) Through the Assistant Director of Na17 tional Intelligence for Collection, ensuring the effi18 cient and effective collection of national intelligence 

19 using technical means and human sources. 

20 ‘‘(C) Through the Assistant Director of Na21 tional Intelligence for Analysis and Production, con22 ducting oversight of the analysis and production of 

23 intelligence by elements of the intelligence commu24 nity.
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1 ‘‘(D) Through the Assistant Director of Na2 tional Intelligence for Administration, performing 

3 community-wide management functions of the intel4 ligence community, including the management of 

5 personnel and resources. 

6 ‘‘(4) The Deputy Director of National Intelligence for 

7 Community Management takes precedence in the Office 

8 of the Director of National Intelligence immediately after 

9 the Deputy Director of National Intelligence. 

10 ‘‘(e) MILITARY STATUS OF DIRECTOR AND DEPUTY

11 DIRECTORS.—(1) Not more than one of the individuals 

12 serving in the positions specified in paragraph (2) may 

13 be a commissioned officer of the Armed Forces, whether 

14 in active or retired status. 

15 ‘‘(2) The positions referred to in this paragraph are 

16 the following: 

17 ‘‘(A) The Director of National Intelligence. 

18 ‘‘(B) The Deputy Director of National Intel19 ligence. 

20 ‘‘(C) The Deputy Director of National Intel21 ligence for Community Management. 

22 ‘‘(3) It is the sense of Congress that, under ordinary 

23 circumstances, it is desirable that one of the individuals 

24 serving in the positions specified in paragraph (2)—
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1 ‘‘(A) be a commissioned officer of the Armed 

2 Forces, whether in active or retired status; or 

3 ‘‘(B) have, by training or experience, an appre4 ciation of military intelligence activities and require5 ments. 

6 ‘‘(4) A commissioned officer of the Armed Forces, 

7 while serving in a position specified in paragraph (2)—

8 ‘‘(A) shall not be subject to supervision or con9 trol by the Secretary of Defense or by any officer or 

10 employee of the Department of Defense; 

11 ‘‘(B) shall not exercise, by reason of the offi12 cer’s status as a commissioned officer, any super13 vision or control with respect to any of the military 

14 or civilian personnel of the Department of Defense 

15 except as otherwise authorized by law; and 

16 ‘‘(C) shall not be counted against the numbers 

17 and percentages of commissioned officers of the rank 

18 and grade of such officer authorized for the military 

19 department of that officer. 

20 ‘‘(5) Except as provided in subparagraph (A) or (B) 

21 of paragraph (4), the appointment of an officer of the 

22 Armed Forces to a position specified in paragraph (2) 

23 shall not affect the status, position, rank, or grade of such 

24 officer in the Armed Forces, or any emolument, perquisite, 
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1 right, privilege, or benefit incident to or arising out of such 

2 status, position, rank, or grade. 

3 ‘‘(6) A commissioned officer of the Armed Forces on 

4 active duty who is appointed to a position specified in 

5 paragraph (2), while serving in such position and while 

6 remaining on active duty, shall continue to receive military 

7 pay and allowances and shall not receive the pay pre8 scribed for such position. Funds from which such pay and 

9 allowances are paid shall be reimbursed from funds avail10 able to the Director of National Intelligence. 

11 ‘‘(f) NATIONAL INTELLIGENCE COUNCIL.—(1) There 

12 is a National Intelligence Council. 

13 ‘‘(2)(A) The Council shall be composed of senior ana14 lysts within the intelligence community and substantive 

15 experts from the public and private sector, who shall be 

16 appointed by, report to, and serve at the pleasure of the 

17 Director of National Intelligence. 

18 ‘‘(B) The Director shall prescribe appropriate secu19 rity requirements for personnel appointed from the private 

20 sector as a condition of service on the Council, or as con21 tractors of the Council or employees of such contractors, 

22 to ensure the protection of intelligence sources and meth23 ods while avoiding, wherever possible, unduly intrusive re24 quirements which the Director considers to be unnecessary 

25 for this purpose. 
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1 ‘‘(3) The Council shall—

2 ‘‘(A) produce national intelligence estimates for 

3 the Government, including, whenever the Council 

4 considers appropriate, alternative views held by ele5 ments of the intelligence community; 

6 ‘‘(B) evaluate community-wide collection and 

7 production of intelligence by the intelligence commu8 nity and the requirements and resources of such col9 lection and production; and 

10 ‘‘(C) otherwise assist the Director in carrying 

11 out the responsibilities described in section 103(a). 

12 ‘‘(4) Within their respective areas of expertise and 

13 under the direction of the Director, the members of the 

14 Council shall constitute the senior intelligence advisers of 

15 the intelligence community for purposes of representing 

16 the views of the intelligence community within the Govern17 ment. 

18 ‘‘(5) Subject to the direction and control of the Direc19 tor, the Council may carry out its responsibilities under 

20 this subsection by contract, including contracts for sub21 stantive experts necessary to assist the Council with par22 ticular assessments under this subsection. 

23 ‘‘(6) The Director shall make available to the Council 

24 such staff as may be necessary to permit the Council to 

25 carry out its responsibilities under this subsection, and 
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1 shall take appropriate measures to ensure that the Council 

2 and its staff satisfy the needs of policymaking officials and 

3 other consumers of intelligence. 

4 ‘‘(7) The Council shall be readily accessible to policy5 making officials and other appropriate individuals not oth6 erwise associated with the intelligence community. 

7 ‘‘(8) The heads of elements within the intelligence 

8 community shall, as appropriate, furnish such support to 

9 the Council, including the preparation of intelligence anal10 yses, as may be required by the Director. 

11 ‘‘(g) ASSISTANT DIRECTOR OF NATIONAL INTEL12 LIGENCE FOR COLLECTION.—(1) There is an Assistant 

13 Director of National Intelligence for Collection who shall 

14 be appointed by the President, by and with the advice and 

15 consent of the Senate. 

16 ‘‘(2) The Assistant Director for Collection shall assist 

17 the Director of National Intelligence in carrying out the 

18 Director’s collection responsibilities in order to ensure the 

19 efficient and effective collection of national intelligence. 

20 ‘‘(h) ASSISTANT DIRECTOR OF NATIONAL INTEL21 LIGENCE FOR ANALYSIS AND PRODUCTION.—(1) There is 

22 an Assistant Director of National Intelligence for Analysis 

23 and Production who shall be appointed by the President, 

24 by and with the advice and consent of the Senate.
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1 ‘‘(2) The Assistant Director for Analysis and Produc2 tion shall—

3 ‘‘(A) oversee the analysis and production of in4 telligence by the elements of the intelligence commu5 nity; 

6 ‘‘(B) establish standards and priorities relating 

7 to the analysis and production of intelligence by 

8 such elements; 

9 ‘‘(C) monitor the allocation of resources for the 

10 analysis and production of intelligence in order to 

11 identify unnecessary duplication in the analysis and 

12 production of intelligence; 

13 ‘‘(D) direct competitive analysis of analytical 

14 products having National importance; 

15 ‘‘(E) identify intelligence to be collected for 

16 purposes of the Assistant Director of National Intel17 ligence for Collection; and 

18 ‘‘(F) provide such additional analysis and pro19 duction of intelligence as the President and the Na20 tional Security Council may require. 

21 ‘‘(i) ASSISTANT DIRECTOR OF NATIONAL INTEL22 LIGENCE FOR ADMINISTRATION.—(1) There is an Assist23 ant Director of National Intelligence for Administration 

24 who shall be appointed by the President, by and with the 

25 advice and consent of the Senate. 
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1 ‘‘(2) The Assistant Director for Administration shall 

2 manage such activities relating to the administration of 

3 the intelligence community as the Director of National In4 telligence shall require. 

5 ‘‘(j) GENERAL COUNSEL TO DIRECTOR OF NATIONAL

6 INTELLIGENCE.—(1) There is a General Counsel to the 

7 Director of National Intelligence who shall be appointed 

8 from civilian life by the President, by and with the advice 

9 and consent of the Senate. 

10 ‘‘(2) The individual serving in the position of General 

11 Counsel to the Director of National Intelligence may not, 

12 while so serving, also serve as the General Counsel of the 

13 Central Intelligence Agency. 

14 ‘‘(3) The General Counsel to the Director of National 

15 Intelligence is the chief legal officer for the Director of 

16 National Intelligence. 

17 ‘‘(4) The General Counsel to the Director of National 

18 Intelligence shall perform such functions as the Director 

19 of National Intelligence may prescribe. 

20 ‘‘(k) INSPECTOR GENERAL OF INTELLIGENCE COM21 MUNITY.—(1) There shall be an Inspector General of the 

22 Intelligence Community who is appointed as provided in 

23 section 3 of the Inspector General Act of 1978 (5 U.S.C. 

24 App. 3). 
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1 ‘‘(2) The Inspector General of the Intelligence Com2 munity shall report to and be under the general super3 vision of the Director of National Intelligence. 

4 ‘‘(3) The Inspector General of the Intelligence Com5 munity shall, with respect to the intelligence community 

6 as a whole and each element of the intelligence commu7 nity, perform such duties, have such responsibilities, and 

8 exercise such powers specified in the Inspector General 

9 Act of 1978 as the Director of National Intelligence shall 

10 prescribe. 

11 ‘‘(4) Each inspector general of an element of the in12 telligence community shall cooperate fully with the Inspec13 tor General of the Intelligence Community in the perform14 ance of any duty or function by the Inspector General of 

15 the Intelligence Community under this subsection regard16 ing such element. 

17 ‘‘(5) The performance by the Inspector General of the 

18 Intelligence Community of any duty or function regarding 

19 an element of the intelligence community may not be con20 strued to modify or affect the responsibility of any other 

21 inspector general having responsibilities regarding the ele22 ment of the intelligence community. 

23 ‘‘RESPONSIBILITIES OF DIRECTOR OF NATIONAL

24 INTELLIGENCE

25 ‘‘SEC. 103. (a) PROVISION OF INTELLIGENCE.—(1) 

26 Under the direction of the National Security Council, the 
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1 Director of National Intelligence shall be responsible for 

2 providing national intelligence—

3 ‘‘(A) to the President; 

4 ‘‘(B) to the heads of departments and agencies 

5 of the executive branch; 

6 ‘‘(C) to the Chairman of the Joint Chiefs of 

7 Staff and senior military commanders; and 

8 ‘‘(D) where appropriate, to the Senate and 

9 House of Representatives and the committees there10 of. 

11 ‘‘(2) Such national intelligence should be timely, ob12 jective, independent of political considerations, and based 

13 upon all sources available to the intelligence community. 

14 ‘‘(b) RESPONSIBILITIES OF DIRECTOR OF NATIONAL

15 INTELLIGENCE.—The Director of National Intelligence 

16 shall—

17 ‘‘(1) develop an annual budget for intelligence 

18 and intelligence-related activities of the United 

19 States by—

20 ‘‘(A) developing and presenting to the 

21 President an annual budget for the National 

22 Foreign Intelligence Program, including review, 

23 approval, and modification of the execution of 

24 intelligence community budgets, and personnel 
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1 and resource allocation in furtherance of such 

2 annual budget; 

3 ‘‘(B) participating in the development by 

4 the Secretary of Defense of the annual budgets 

5 for the Joint Military Intelligence Program and 

6 the Tactical Intelligence and Related Activities 

7 Program; and 

8 ‘‘(C) managing and overseeing the execu9 tion and, if necessary, the modification of the 

10 annual budget for the National Foreign Intel11 ligence Program, including directing the trans12 fer of funds or personnel between elements of 

13 the intelligence community; 

14 ‘‘(D) setting, monitoring, and enforcing 

15 consistent policy for the intelligence community; 

16 ‘‘(E) reviewing, approving, modifying, and 

17 exercising primary management and oversight 

18 of the research and development efforts of the 

19 intelligence community; 

20 ‘‘(F) reviewing, approving, and coordi21 nating relationships between elements of the in22 telligence community and foreign intelligence, 

23 law enforcement, and security services; 

24 ‘‘(G) insuring that the elements of the in25 telligence community comply fully with policies,
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1 guidance, and authorities applicable to the in2 telligence community on management, adminis3 tration, and law; 

4 ‘‘(2) establish the requirements and priorities to 

5 govern the collection of national intelligence by ele6 ments of the intelligence community; 

7 ‘‘(3) approve, establish, and enforce collection 

8 processing, and dissemination requirements, deter9 mine collection priorities, and resolve conflicts in col10 lection priorities levied on national collection assets, 

11 except as otherwise agreed with the Secretary of De12 fense pursuant to the direction of the President; 

13 ‘‘(4) promote and evaluate the utility of na14 tional intelligence to consumers within the Govern15 ment; 

16 ‘‘(5) eliminate waste and unnecessary duplica17 tion within the intelligence community; 

18 ‘‘(6) establish requirements and priorities for 

19 foreign intelligence information to be collected under 

20 the Foreign Intelligence Surveillance Act of 1978 

21 (50 U.S.C. 1801 et seq.), and provide assistance to 

22 the Attorney General to ensure that information de23 rived from electronic surveillance or physical 

24 searches under that Act is disseminated so it may be 

25 used efficiently and effectively for foreign intel-
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1 ligence purposes, except that the Director shall have 

2 no authority to direct, manage, or undertake elec3 tronic surveillance or physical search operations pur4 suant to that Act unless otherwise authorized by 

5 statute or Executive order; 

6 ‘‘(7) protect intelligence sources and methods 

7 from unauthorized disclosure; and 

8 ‘‘(8) perform such other functions as the Presi9 dent or the National Security Council may direct. 

10 ‘‘AUTHORITIES OF DIRECTOR OF NATIONAL

11 INTELLIGENCE

12 ‘‘SEC. 103A. (a) ACCESS TO INTELLIGENCE.—To the 

13 extent recommended by the National Security Council and 

14 approved by the President, the Director of National Intel15 ligence shall have access to all intelligence related to the 

16 national security which is collected by any department, 

17 agency, or other entity of the United States. 

18 ‘‘(b) APPROVAL OF BUDGETS.—The Director of Na19 tional Intelligence shall supervise the elements of the intel20 ligence community in the preparation of their annual 

21 budgets, and shall approve such budgets before their in22 corporation in the National Foreign Intelligence Program. 

23 ‘‘(c) REPROGRAMMING.—(1) No funds made avail24 able under the National Foreign Intelligence Program 

25 may be reprogrammed by any element of the intelligence 

26 community without the prior approval of the Director of 
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1 National Intelligence except in accordance with procedures 

2 issued by the Director. 

3 ‘‘(2) The Secretary of Defense shall consult with the 

4 Director before reprogramming funds made available 

5 under the Joint Military Intelligence Program. 

6 ‘‘(d) TRANSFER OF FUNDS OR PERSONNEL WITHIN

7 NATIONAL FOREIGN INTELLIGENCE PROGRAM.—(1)(A) 

8 In addition to any other authorities available under law 

9 for such purposes, the Director of National Intelligence 

10 may, with the approval of the Director of the Office of 

11 Management and Budget, transfer funds appropriated for 

12 a program within the National Foreign Intelligence Pro13 gram to another such program and, in accordance with 

14 procedures to be developed by the Director, may transfer 

15 personnel authorized for an element of the intelligence 

16 community to another such element for periods up to a 

17 year. 

18 ‘‘(B) The Director may only delegate a duty or au19 thority given the Director under this subsection to the 

20 Deputy Director of National Intelligence for Community 

21 Management. 

22 ‘‘(2) A transfer of funds or personnel may be made 

23 under this subsection only if—
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1 ‘‘(A) the funds or personnel are being trans2 ferred to an activity that is a higher priority intel3 ligence activity; 

4 ‘‘(B) the need for funds or personnel for such 

5 activity is based on unforeseen requirements; and 

6 ‘‘(C) the transfer does not involve a transfer of 

7 funds to the Reserve for Contingencies of the Cen8 tral Intelligence Agency. 

9 ‘‘(3) Funds transferred under this subsection shall 

10 remain available for the same period as the appropriations 

11 account to which transferred. 

12 ‘‘(4)(A) Any transfer of funds under this subsection 

13 shall be carried out in accordance with existing procedures 

14 applicable to reprogramming notifications for the appro15 priate congressional committees. 

16 ‘‘(B) Any proposed transfer for which notice is given 

17 to the appropriate congressional committees shall be ac18 companied by a report explaining the nature of the pro19 posed transfer and how it satisfies the requirements of this 

20 subsection. In addition, the congressional intelligence com21 mittees shall be promptly notified of any transfer of funds 

22 made pursuant to this subsection in any case in which the 

23 transfer would not have otherwise required reprogram24 ming notification under procedures in effect as of October 

25 24, 1992. 
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1 ‘‘(5) The Director shall promptly submit to the con2 gressional intelligence committees and, in the case of the 

3 transfer of personnel to or from the Department of De4 fense, the Committee on Armed Services of the Senate and 

5 the Committee on Armed Services of the House of Rep6 resentatives, a report on any transfer of personnel made 

7 pursuant to this subsection. The Director shall include in 

8 any such report an explanation of the nature of the trans9 fer and how it satisfies the requirements of this sub10 section. 

11 ‘‘(e) COORDINATION WITH FOREIGN GOVERN12 MENTS.—Under the direction of the National Security 

13 Council and in a manner consistent with section 207 of 

14 the Foreign Service Act of 1980 (22 U.S.C. 3927), the 

15 Director of National Intelligence shall coordinate the rela16 tionships between elements of the intelligence community 

17 and the intelligence or security services of foreign govern18 ments on all matters involving intelligence related to the 

19 national security or involving intelligence acquired through 

20 clandestine means. 

21 ‘‘(f) USE OF PERSONNEL.—The Director of National 

22 Intelligence shall, in coordination with the heads of de23 partments and agencies with elements in the intelligence 

24 community, institute policies and programs within the in25 telligence community—
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1 ‘‘(1) to provide for the rotation of personnel be2 tween the elements of the intelligence community, 

3 where appropriate, and to make such rotated service 

4 a factor to be considered for promotion to senior po5 sitions; and 

6 ‘‘(2) to consolidate, wherever possible, per7 sonnel, administrative, and security programs to re8 duce the overall costs of these activities within the 

9 intelligence community. 

10 ‘‘(g) STANDARDS AND QUALIFICATIONS FOR PER11 FORMANCE OF INTELLIGENCE ACTIVITIES.—The Director 

12 of National Intelligence shall, in consultation with the 

13 heads of effected agencies, develop standards and quali14 fications for persons engaged in the performance of intel15 ligence activities within the intelligence community. 

16 ‘‘CENTRAL INTELLIGENCE AGENCY

17 ‘‘SEC. 104. (a) IN GENERAL.—There is a Central In18 telligence Agency. 

19 ‘‘(b) FUNCTION.—The function of the Agency shall 

20 be to assist the Director of the Central Intelligence Agency 

21 in carrying out the responsibilities of the Director under 

22 section 104A(d). 

23 ‘‘DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY

24 ‘‘SEC. 104A. (a) DIRECTOR OF CENTRAL INTEL25 LIGENCE AGENCY.—There is a Director of the Central In-
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1 telligence Agency who shall be appointed by the President, 

2 by and with the advice and consent of the Senate. 

3 ‘‘(b) HEAD OF CENTRAL INTELLIGENCE AGENCY.—

4 The Director of the Central Intelligence Agency shall be 

5 the head of the Central Intelligence Agency. 

6 ‘‘(c) PROHIBITION ON SIMULTANEOUS SERVICE AS

7 DIRECTOR OF NATIONAL INTELLIGENCE.—The individual 

8 serving in the position of Director of the Central Intel9 ligence Agency shall not, while so serving, also serve as 

10 the Director of National Intelligence. 

11 ‘‘(d) GENERAL RESPONSIBILITIES.—As head of the 

12 Central Intelligence Agency, the Director of the Central 

13 Intelligence Agency shall—

14 ‘‘(1) collect intelligence through human sources 

15 and by other appropriate means, except that the 

16 Agency shall have no police, subpoena, or law en17 forcement powers or internal security functions; 

18 ‘‘(2) provide overall direction for the collection 

19 of national intelligence through human sources by 

20 elements of the intelligence community authorized to 

21 undertake such collection and, in coordination with 

22 other agencies of the Government which are author23 ized to undertake such collection, ensure that the 

24 most effective use is made of resources and that the 
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1 risks to the United States and those involved in such 

2 collection are minimized; 

3 ‘‘(3) correlate and evaluate intelligence related 

4 to the national security and provide appropriate dis5 semination of such intelligence; 

6 ‘‘(4) perform such additional services as are of 

7 common concern to the elements of the intelligence 

8 community, which services the Director of National 

9 Intelligence determines can be more efficiently ac10 complished centrally; and 

11 ‘‘(5) perform such other functions and duties 

12 related to intelligence affecting the national security 

13 as the President or the National Security Council 

14 may direct. 

15 ‘‘(e) TERMINATION OF EMPLOYMENT OF CIA EM16 PLOYEES.—(1) Notwithstanding any other provision of 

17 law, the Director of the Central Intelligence Agency may, 

18 in the Director’s discretion, terminate the employment of 

19 any officer or employee of the Central Intelligence Agency 

20 whenever the Director considers such termination nec21 essary or advisable in the interests of the United States. 

22 ‘‘(2) Termination under paragraph (1) shall not af23 fect the right of the officer or employee terminated to seek 

24 or accept employment in any other department or agency 
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1 of the Government if declared eligible for such employ2 ment by the Office of Personnel Management.’’. 

3 (b) SENSE OF CONGRESS ON CABINET-LEVEL STA4 TUS OF DIRECTOR OF NATIONAL INTELLIGENCE.—It is 

5 the sense of Congress that the Director of National Intel6 ligence should be a cabinet-level officer of the United 

7 States Government. 

8 (c) GENERAL REFERENCES.—(1) Any reference to 

9 the Director of Central Intelligence in the Director’s ca10 pacity as the head of the intelligence community in any 

11 law, regulation, document, paper, or other record of the 

12 United States shall be deemed to be a reference to the 

13 Director of National Intelligence. 

14 (2) Any reference to the Director of Central Intel15 ligence in the Director’s capacity as the head of the Cen16 tral Intelligence Agency in any law, regulation, document, 

17 paper, or other record of the United States shall be 

18 deemed to be a reference to the Director of the Central 

19 Intelligence Agency. 

20 (3) Any reference to the Deputy Director of Central 

21 Intelligence in the Deputy Director’s capacity as deputy 

22 to the head of the intelligence community in any law, regu23 lation, document, paper, or other record of the United 

24 States shall be deemed to be a reference to the Deputy 

25 Director of National Intelligence. 
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1 (4) Any reference to the Deputy Director of Central 

2 Intelligence for Community Management in any law, regu3 lation, document, paper, or other record of the United 

4 States shall be deemed to be a reference to the Deputy 

5 Director of National Intelligence for Community Manage6 ment. 

7 (5) Any reference to the Assistant Director of Central 

8 Intelligence for Collection in any law, regulation, docu9 ment, paper, or other record of the United States shall 

10 be deemed to be a reference to the Assistant Director of 

11 National Intelligence for Collection. 

12 (6) Any reference to the Assistant Director of Central 

13 Intelligence for Analysis and Production in any law, regu14 lation, document, paper, or other record of the United 

15 States shall be deemed to be a reference to the Assistant 

16 Director of National Intelligence for Analysis and Produc17 tion. 

18 (7) Any reference to the Assistant Director of Central 

19 Intelligence for Administration in any law, regulation, doc20 ument, paper, or other record of the United States shall 

21 be deemed to be a reference to the Assistant Director of 

22 National Intelligence for Administration. 

23 SEC. 3. EXECUTIVE SCHEDULE MATTERS. 

24 (a) EXECUTIVE SCHEDULE LEVEL II.—Section 5313 

25 of title 5, United States Code, is amended by striking the
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1 item relating to the Director of Central Intelligence and 

2 inserting the following new items: 

3 ‘‘Director of National Intelligence. 

4 ‘‘Director of the Central Intelligence Agency.’’. 

5 (b) EXECUTIVE SCHEDULE LEVEL III.—Section 

6 5314 of title 5, United States Code, is amended by strik7 ing the item relating to the Deputy Directors of Central 

8 Intelligence and inserting the following new item: 

9 ‘‘Deputy Directors of National Intelligence 

10 (2).’’. 

11 (c) EXECUTIVE SCHEDULE LEVEL IV.—Section 

12 5315 of title 5, United States Code, is amended—

13 (1) by striking the item relating to the Assist14 ant Directors of Central Intelligence and inserting 

15 the following new item: 

16 ‘‘Assistant Directors of National Intelligence 

17 (3).’’; 

18 (2) by striking the item relating to the Inspec19 tor General of the Central Intelligence Agency and 

20 inserting the following new items: 

21 ‘‘Inspector General, Central Intelligence Agen22 cy. 

23 ‘‘Inspector General, Intelligence Community.’’; 

24 and 
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1 (3) by inserting after the item relating to the 

2 General Counsel of the Central Intelligence Agency 

3 the following new item: 

4 ‘‘General Counsel to the Director of National 

5 Intelligence.’’. 

6 SEC. 4. CONFORMING AND CLERICAL AMENDMENTS. 

7 (a) NATIONAL SECURITY ACT OF 1947.—(1) The 

8 National Security Act of 1947 (50 U.S.C. 401 et seq.) 

9 is amended by striking ‘‘Director of Central Intelligence’’ 

10 and inserting ‘‘Director of National Intelligence’’ each 

11 place it appears in the following provisions: 

12 (A) Section 3(4)(A) (50 U.S.C. 401a(4)(A)), 

13 both places it appears. 

14 (B) Section 3(4)(J) (50 U.S.C. 401a(4)(J)). 

15 (C) Section 3(5)(B) (50 U.S.C. 401a(5)(B)). 

16 (D) Section 3(6) (50 U.S.C. 401a(6)). 

17 (E) Section 101(h)(2)(A) (50 U.S.C. 

18 402(h)(2)(A)). 

19 (F) Section 101(h)(5) (50 U.S.C. 402(h)(5)). 

20 (G) Section 101(i)(2)(A) (50 U.S.C. 

21 402(i)(2)(A)). 

22 (H) Section 101(j) (50 U.S.C. 402(j)), both 

23 places it appears. 

24 (I) Section 105(a) (50 U.S.C. 403–5(a)). 

25 (J) Section 105(a)(2) (50 U.S.C. 403–5(a)(2)). 
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1 (K) Section 105(b)(6)(A) (50 U.S.C. 403–

2 5(b)(6)(A)). 

3 (L) Section 105B(a)(1) (50 U.S.C. 403–

4 5b(a)(1)). 

5 (M) Section 105B(a)(2) (50 U.S.C. 403–

6 5b(a)(2)). 

7 (N) Section 105B(b) (50 U.S.C. 403–5b(b)), 

8 both places it appears. 

9 (O) Section 105C(a)(6)(B)(viii) (50 U.S.C. 

10 403–5c(a)(6)(B)(viii)). 

11 (P) Section 105C(b) (50 U.S.C. 403–5c(b)), 

12 both places it appears. 

13 (Q) Section 105D(b), as added by section 502 

14 of the Intelligence Authorization Act for Fiscal Year 

15 2003 (Public Law 107–306), both places it appears. 

16 (R) Section 106(a)(1) (50 U.S.C. 403–6(a)(1)). 

17 (S) Section 106(b)(1) (50 U.S.C. 403–6(b)(1)). 

18 (T) Section 106(b)(3) (50 U.S.C. 403–6(b)(3)). 

19 (U) Section 110(b) (50 U.S.C. 404e(b)). 

20 (V) Section 110(c) (50 U.S.C. 404e(c)). 

21 (W) Section 111 (50 U.S.C. 404f). 

22 (X) Section 112(a)(1) (50 U.S.C. 404g(a)(1)). 

23 (Y) Section 112(d)(1) (50 U.S.C. 404g(d)(1)). 

24 (Z) Section 113(b)(2)(A) (50 U.S.C. 

25 404h(b)(2)(A)). 
29

•S 190 IS 

1 (AA) Section 113(c) (50 U.S.C. 404h(c)). 

2 (BB) Section 114(a)(1) (50 U.S.C. 404i(a)(1)). 

3 (CC) Section 114(b)(1) (50 U.S.C. 404i(b)(1)). 

4 (DD) Section 114(c)(1), as amended by section 

5 324 of the Intelligence Authorization Act for Fiscal 

6 Year 2003. 

7 (EE) Section 115(a)(1) (50 U.S.C. 404j(a)(1)). 

8 (FF) Section 115(b) (50 U.S.C. 404j(b)). 

9 (GG) Section 115(c)(1)(B) (50 U.S.C. 

10 404j(c)(1)(B)). 

11 (HH) Section 116(a) (50 U.S.C. 404k(a)). 

12 (II) Section 116(b) (50 U.S.C. 404k(b)). 

13 (JJ) Section 117(a)(1) (50 U.S.C. 404l(a)(1)). 

14 (KK) Section 303(a) (50 U.S.C. 405(a)), both 

15 places it appears. 

16 (LL) Section 501(d) (50 U.S.C. 413(d)). 

17 (MM) Section 502(a) (50 U.S.C. 413a(a)). 

18 (NN) Section 502(c) (50 U.S.C. 413a(c)). 

19 (OO) Section 503(b) (50 U.S.C. 413b(b)). 

20 (PP) Section 504(d)(2) (50 U.S.C. 414(d)(2)). 

21 (QQ) Section 506(b), as added by section 311 

22 of the Intelligence Authorization Act for Fiscal Year 

23 2003. 

24 (RR) Section 603(a) (50 U.S.C. 423(a)). 
30

•S 190 IS 

1 (SS) Section 1001(a), as amended by section 

2 331 of the Intelligence Authorization Act for Fiscal 

3 Year 2003. 

4 (2) The National Security Act of 1947 is further 

5 amended by striking ‘‘Director of Central Intelligence’’ 

6 and inserting ‘‘Director of the Central Intelligence Agen7 cy’’ each place it appears in the following provisions: 

8 (A) Section 504(a)(2) (50 U.S.C. 414(a)(2)). 

9 (B) Section 504(a)(3)(C) (50 U.S.C. 

10 414(a)(3)(C)). 

11 (C) Section 701(a) (50 U.S.C. 431(a)). 

12 (D) Section 702(a) (50 U.S.C. 432(a)). 

13 (3) Section 3(4)(A) of that Act (50 U.S.C. 

14 401a(4)(A)) is further amended—

15 (A) by striking ‘‘as provided in section 

16 105(b)(3)’’ and inserting ‘‘as provided in section 

17 102(f)’’; and 

18 (B) by striking ‘‘the Director may’’ and insert19 ing ‘‘the Director of National Intelligence may’’. 

20 (4) Section 105(b) of that Act (50 U.S.C. 403–5(b)) 

21 is further amended by striking ‘‘sections 103 and 104’’ 

22 and inserting ‘‘sections 103, 103A, and 104A’’. 

23 (5) Section 112(d) of that Act (50 U.S.C. 404g(d)) 

24 is further amended—
31

•S 190 IS 

1 (A) in paragraph (1), by striking ‘‘section 

2 103(c)(6) of this Act’’ and inserting ‘‘section 

3 103(b)(7)’’; and 

4 (B) in paragraph (2), by striking ‘‘of this Act’’. 

5 (6) Section 701(c)(3) of that Act (50 U.S.C. 

6 431(c)(3)) is amended by striking ‘‘or the Office of the 

7 Director of Central Intelligence’’ and inserting ‘‘the Office 

8 of the Director of National Intelligence, or the Office of 

9 the Director of the Central Intelligence Agency’’. 

10 (7) Section 1001(b) of that Act, as amended by sec11 tion 331 of the Intelligence Authorization Act for Fiscal 

12 Year 2003, is further amended by striking ‘‘Assistant Di13 rector of Central Intelligence for Administration’’ and in14 serting ‘‘Assistant Director of National Intelligence for 

15 Administration’’. 

16 (8) The subsection caption of section 105(d) of that 

17 Act (50 U.S.C. 403–5(d)) is amended by striking ‘‘THE

18 DIRECTOR OF CENTRAL INTELLIGENCE’’ and inserting 

19 ‘‘DIRECTOR OF NATIONAL INTELLIGENCE’’. 

20 (9) Section 106 of that Act (50 U.S.C. 403–6) is fur21 ther amended—

22 (A) in the subsection caption for subsection (a), 

23 by striking ‘‘DCI’’ and inserting ‘‘DNI’’; and

24 (B) in the subsection caption for subsection (b), 

25 by striking ‘‘DCI’’ and inserting ‘‘DNI’’. 
32

•S 190 IS 

1 (10) The heading for section 114 of that Act (50 

2 U.S.C. 404i) is amended to read as follows: 

3 ‘‘ADDITIONAL ANNUAL REPORTS FROM THE DIRECTOR OF

4 NATIONAL INTELLIGENCE’’. 

5 (11) The table of sections for that Act is amended—

6 (A) by striking the items relating to sections 

7 102 through 104 and inserting the following new 

8 items:

‘‘Sec. 102. Office of the Director of Central Intelligence. 

‘‘Sec. 103. Responsibilities of Director of National Intelligence. 

‘‘Sec. 103A. Authorities of Director of National Intelligence. 

‘‘Sec. 104. Central Intelligence Agency. 

‘‘Sec. 104A. Director of the Central Intelligence Agency.’’; and

9 (B) by striking the item relating to section 114 

10 and inserting the following new item:

‘‘Sec. 114. Additional annual reports from the Director of National Intelligence.’’.

11 (b) CENTRAL INTELLIGENCE AGENCY ACT OF

12 1949.—(1) Section 1 of the Central Intelligence Agency 

13 Act of 1949 (50 U.S.C. 403a) is amended—

14 (A) by redesignating paragraphs (a) and (c) as 

15 paragraphs (1) and (3), respectively; and 

16 (B) by striking paragraph (b) and inserting the 

17 following new paragraph (2): 

18 ‘‘(2) ‘Director’ means the Director of the Cen19 tral Intelligence Agency; and’’. 

20 (2) Section 6 of that Act (50 U.S.C. 403g) is amend21 ed—
33

•S 190 IS 

1 (A) by striking ‘‘Director of Central Intel2 ligence’’ and inserting ‘‘Director of National Intel3 ligence’’; and 

4 (B) by striking ‘‘section 103(c)(6) of the Na5 tional Security Act of 1947 (50 U.S.C. 403–

6 3(c)(6))’’ and inserting ‘‘section 103(b)(7) of the 

7 National Security Act of 1947’’. 

8 (3) That Act is further amended by striking ‘‘Direc9 tor of Central Intelligence’’ each place it appears in the 

10 following provisions and inserting ‘‘Director of the Central 

11 Intelligence Agency’’: 

12 (A) Section 14(b) (50 U.S.C. 403n(b)). 

13 (B) Section 16(b)(2) (50 U.S.C. 403p(b)(2)). 

14 (C) Section 16(b)(3) (50 U.S.C. 403p(b)(3)), 

15 both places it appears. 

16 (D) Section 20(g)(3)(B) (50 U.S.C. 

17 403u(g)(3)(B)). 

18 (E) Section 20(h)(1) (50 U.S.C. 403u(h)(1)). 

19 (F) Section 20(h)(2) (50 U.S.C. 403u(h)(2)). 

20 (4) That Act is further amended by striking ‘‘of Cen21 tral Intelligence’’ in each of the following provisions: 

22 (A) Section 16(c)(1)(B) (50 U.S.C. 

23 403p(c)(1)(B)). 

24 (B) Section 17(d)(1) (50 U.S.C. 403q(d)(1)). 
34

•S 190 IS 

1 (C) Section 17(f) (50 U.S.C. 403q(f)), both 

2 places it appears. 

3 (D) Section 20(c) (50 U.S.C. 403t(c)). 

4 (c) CENTRAL INTELLIGENCE AGENCY RETIREMENT

5 ACT.—(1) Section 101 of the Central Intelligence Agency 

6 Retirement Act (50 U.S.C. 2001) is amended by striking 

7 paragraph (2) and inserting the following new paragraph 

8 (2): 

9 ‘‘(2) DIRECTOR.—The term ‘Director’ means 

10 the Director of the Central Intelligence Agency.’’. 

11 (2) Section 201(c) of that Act (50 U.S.C. 2011) is 

12 amended by striking ‘‘paragraph (6) of section 103(c) of 

13 the National Security Act of 1947 (50 U.S.C. 403–3(c)) 

14 that the Director of Central Intelligence’’ and inserting 

15 ‘‘section 103(b)(7) of the National Security Act of 1947 

16 that the Director of the National Intelligence’’. 

17 (d) CIA VOLUNTARY SEPARATION PAY ACT.—Sub18 section (a)(1) of section 2 of the Central Intelligence 

19 Agency Voluntary Separation Pay Act (50 U.S.C. 2001 

20 note) is amended to read as follows: 

21 ‘‘(1) the term ‘Director’ means the Director of 

22 the Central Intelligence Agency;’’. 

23 (e) INSPECTOR GENERAL ACT OF 1978.—Section 

24 8H(a)(1)(C) of the Inspector General Act of 1978 (5 

25 U.S.C. App. 8H(a)(1)(C)) is amended by inserting before 
35

•S 190 IS 

1 the period at the end the following: ‘‘or to the Inspector 

2 General of the Intelligence Community’’. 

3 (f) FOREIGN INTELLIGENCE SURVEILLANCE ACT OF

4 1978.—The Foreign Intelligence Surveillance Act of 1978 

5 (50 U.S.C. 1801 et seq.) is amended by striking ‘‘Director 

6 of Central Intelligence’’ each place it appears and insert7 ing ‘‘Director of National Intelligence’’. 

8 (g) CLASSIFIED INFORMATION PROCEDURES ACT.—

9 Section 9(a) of the Classified Information Procedures Act 

10 (5 U.S.C. App.) is amended by striking ‘‘Director of Cen11 tral Intelligence’’ and inserting ‘‘Director of National In12 telligence’’. 

13 (h) INTELLIGENCE AUTHORIZATION ACTS.—

14 (1) PUBLIC LAW 103–359.—Section 811(c)(6)(C) 

15 of the Counterintelligence and Security Enhance16 ments Act of 1994 (title VIII of Public Law 103–

17 359) is amended by striking ‘‘Director of Central In18 telligence’’ and inserting ‘‘Director of National Intel19 ligence’’. 

20 (2) PUBLIC LAW 107–306.—(A) Section 313(a) 

21 of the Intelligence Authorization Act for Fiscal Year 

22 2003 (Public Law 107–306) is amended by striking 

23 ‘‘Director of Central Intelligence, acting as the head 

24 of the intelligence community,’’ and inserting ‘‘Di25 rector of National Intelligence’’.
36

•S 190 IS 

1 (B) Section 341 of that Act is amended by 

2 striking ‘‘Director of Central Intelligence, acting as 

3 the head of the intelligence community, shall estab4 lish in the Central Intelligence Agency’’ and insert5 ing ‘‘Director of National Intelligence shall establish 

6 within the intelligence community’’. 

7 (C) Section 343 of that Act is amended—

8 (i) in subsection (a)(1), by striking ‘‘Direc9 tor of Central Intelligence, acting as the head 

10 of the Intelligence Community,’’ and inserting 

11 ‘‘Director of National Intelligence’’; 

12 (ii) in subsection (c), by striking ‘‘section 

13 103(c)(6) of the National Security Act of 1947 

14 (50 U.S.C. 403–3(c)(6))’’ and inserting ‘‘sec15 tion 103(b)(7) of the National Security Act of 

16 1947’’; and 

17 (iii) in subsection (e)(2), by striking ‘‘sec18 tion 103(c)(6)’’ and inserting ‘‘section 

19 103(b)(7)’’. 

20 (D) Section 352(b) of that Act is amended by 

21 inserting ‘‘of National Intelligence’’ after ‘‘The Di22 rector’’. 

23 (E) That Act is further amended by striking 

24 ‘‘Director of Central Intelligence’’ each place it ap-
37

•S 190 IS 

1 pears in the following provisions and inserting ‘‘Di2 rector of National Intelligence’’: 

3 (i) Section 902(a)(2). 

4 (ii) Section 904(e)(4). 

5 (iii) Section 904(e)(5). 

6 (iv) Section 904(h)(1). 

7 (F) That Act is further amended by striking 

8 ‘‘Office of the Director of Central Intelligence’’ each 

9 place it appears in the following provisions and in10 serting ‘‘Office of the Director of National Intel11 ligence’’: 

12 (i) Section 904(c). 

13 (ii) Section 904(l). 

14 (G) Section 904(m) of that Act is amended by 

15 inserting ‘‘the Director of National Intelligence,’’ be16 fore ‘‘the Director of Central Intelligence’’. 

17 (i) USA PATRIOT ACT OF 2001.—The USA PA18 TRIOT Act of 2001 (Public Law 107–56) is amended by 

19 striking ‘‘Director of Central Intelligence’’ and inserting 

20 ‘‘Director of National Intelligence’’ each place it appears 

21 in the following provisions: 

22 (1) Section 203(d)(1) (50 U.S.C. 403–

23 5d(d)(1)), as amended by section 897(a) of the 

24 Homeland Security Act of 2002 (Public Law 107–

25 296), both places it appears. 
38

•S 190 IS 

1 (2) Section 908(a) (115 Stat. 391). 

2 (3) Section 1006(b) (115 Stat. 394). 

3 (j) HOMELAND SECURITY ACT OF 2002.—The 

4 Homeland Security Act of 2002 (Public Law 107–296) 

5 is amended by striking ‘‘Director of Central Intelligence’’ 

6 and inserting ‘‘Director of National Intelligence’’ each 

7 place it appears in the following provisions: 

8 (1) Section 201(d)(10). 

9 (2) Section 201(d)(12)(B). 

10 (3) Section 202(c). 

11 (4) Section 202(d)(2). 

12 (5) Section 601(c)(6). 

13 (6) Section 601(e). 

14 (7) Section 601(f). 

15 (8) Section 892(b)(7). 

16 (9) Section 1001(c)(1)(A). 

17 (k) TITLE 18, UNITED STATES CODE.—(1) Section 

18 2517(8) of title 18, United States Code, as amended by 

19 section 896 of the Homeland Security Act of 2002 (Public 

20 Law 107–296), is further amended by striking ‘‘Director 

21 of Central Intelligence’’ and inserting ‘‘Director of Na22 tional Intelligence’’. 

23 (2) Subsections (d)(7)(B)(iv) and (i)(5)(B)(iv) of 

24 such title, as amended by section 1123 of such Act, are 

25 further amended by striking ‘‘Director of Central Intel-
39

•S 190 IS 

1 ligence’’ and inserting ‘‘Director of National Intelligence, 

2 or the head of another element of the intelligence commu3 nity’’. 

4 (l) TITLE 44, UNITED STATES CODE.—Section 

5 3535(g)(3) of title 44, United States Code, as added by 

6 section 1001 of the Federal Information Security Manage7 ment Act of 2002 (title X of Public Law 107–296), is fur8 ther amended by striking ‘‘Director of Central Intel9 ligence’’ and inserting ‘‘Director of National Intelligence’’. 

10 (m) FEDERAL RULES OF CRIMINAL PROCEDURE.—

11 Paragraphs (2) and (3) of section 6(e) of the Federal 

12 Rules of Criminal Procedure, as amended by section 895 

13 of the Homeland Security Act of 2002 (Public Law 107–

14 296), are further amended by striking ‘‘Director of Cen15 tral Intelligence’’ and inserting ‘‘Director of National In16 telligence’’.

Æ