II 

Calendar No. 716

108TH CONGRESS 

2D SESSION S. 2845

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

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 23, 2004

Ms. COLLINS (for herself and Mr. LIEBERMAN) introduced the following bill; 

which was read the first time 

SEPTEMBER 24, 2004

Read the second time and placed on the calendar 

A BILL

To reform the intelligence community and the intelligence 

and intelligence-related activities of the United States 

Government, and for other purposes.

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘National Intelligence Reform Act of 2004’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows:
2

•S 2845 PCS 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—NATIONAL INTELLIGENCE AUTHORITY 

Subtitle A—National Intelligence Authority 

Sec. 101. National Intelligence Authority. 

Sec. 102. National Intelligence Director. 

Subtitle B—Responsibilities and Authorities of National Intelligence Director 

Sec. 111. Provision of national intelligence. 

Sec. 112. Responsibilities of National Intelligence Director. 

Sec. 113. Authorities of National Intelligence Director. 

Sec. 114. Enhanced personnel management. 

Sec. 115. Security clearances. 

Sec. 116. National Intelligence Reserve Corps. 

Sec. 117. Appointment and termination of certain officials responsible for intelligence-related activities. 

Sec. 118. Reserve for Contingencies of the National Intelligence Director. 

Subtitle C—Office of the National Intelligence Director 

Sec. 121. Office of the National Intelligence Director. 

Sec. 122. Deputy national intelligence directors. 

Sec. 123. National Intelligence Council. 

Sec. 124. General Counsel of the National Intelligence Authority. 

Sec. 125. Intelligence Comptroller. 

Sec. 126. Officer for Civil Rights and Civil Liberties of the National Intelligence Authority. 

Sec. 127. Privacy Officer of the National Intelligence Authority. 

Sec. 128. Chief Information Officer of the National Intelligence Authority. 

Sec. 129. Chief Human Capital Officer of the National Intelligence Authority. 

Sec. 130. Chief Financial Officer of the National Intelligence Authority. 

Sec. 131. National Counterintelligence Executive. 

Subtitle D—Additional Elements of National Intelligence Authority 

Sec. 141. Inspector General of the National Intelligence Authority. 

Sec. 142. Ombudsman of the National Intelligence Authority. 

Sec. 143. National Counterterrorism Center. 

Sec. 144. National intelligence centers. 

Subtitle E—Education and Training of Intelligence Community Personnel 

Sec. 151. Framework for cross-disciplinary education and training. 

Sec. 152. Intelligence Community Scholarship Program. 

Subtitle F—Additional Authorities of National Intelligence Authority 

Sec. 161. Use of appropriated funds. 

Sec. 162. Acquisition and fiscal authorities. 

Sec. 163. Personnel matters. 

Sec. 164. Ethics matters. 

TITLE II—OTHER IMPROVEMENTS OF INTELLIGENCE ACTIVITIES 
3

•S 2845 PCS 

Subtitle A—Improvements of Intelligence Activities 

Sec. 201. Availability to public of certain intelligence funding information. 

Sec. 202. Merger of Homeland Security Council into National Security Council. 

Sec. 203. Joint Intelligence Community Council. 

Sec. 204. Improvement of intelligence capabilities of the Federal Bureau of Investigation. 

Sec. 205. Federal Bureau of Investigation Intelligence Career Service. 

Sec. 206. Information sharing. 

Subtitle B—Privacy and Civil Liberties 

Sec. 211. Privacy and Civil Liberties Oversight Board. 

Sec. 212. Privacy and civil liberties officers. 

Subtitle C—Independence of Intelligence Agencies 

Sec. 221. Independence of National Intelligence Director. 

Sec. 222. Independence of intelligence. 

Sec. 223. Independence of National Counterterrorism Center. 

Sec. 224. Access of congressional committees to national intelligence. 

Sec. 225. Communications with Congress. 

TITLE III—MODIFICATIONS OF LAWS RELATING TO 

INTELLIGENCE COMMUNITY MANAGEMENT 

Subtitle A—Conforming and Other Amendments 

Sec. 301. Restatement and modification of basic authority on the Central Intelligence Agency. 

Sec. 302. Conforming amendments relating to roles of National Intelligence Director and Director of the Central Intelligence Agency. 

Sec. 303. Other conforming amendments 

Sec. 304. Modifications of foreign intelligence and counterintelligence under 

National Security Act of 1947. 

Sec. 305. Elements of intelligence community under National Security Act of 

1947. 

Sec. 306. Redesignation of National Foreign Intelligence Program as National 

Intelligence Program. 

Sec. 307. Conforming amendment on coordination of budgets of elements of the 

intelligence community within the Department of Defense. 

Sec. 308. Repeal of superseded authorities. 

Sec. 309. Clerical amendments to National Security Act of 1947. 

Sec. 310. Modification of authorities relating to National Counterintelligence 

Executive. 

Sec. 311. Conforming amendment to Inspector General Act of 1978. 

Sec. 312. Conforming amendment relating to Chief Financial Officer of the National Intelligence Authority. 

Subtitle B—Transfers and Terminations 

Sec. 321. Transfer of Office of Deputy Director of Central Intelligence for 

Community Management. 

Sec. 322. Transfer of National Counterterrorism Executive. 

Sec. 323. Transfer of Terrorist Threat Integration Center. 

Sec. 324. Termination of certain positions within the Central Intelligence Agency. 
4

•S 2845 PCS 

Subtitle C—Other Transition Matters 

Sec. 331. Executive Schedule matters. 

Sec. 332. Preservation of intelligence capabilities. 

Sec. 333. Reorganization. 

Sec. 334. National Intelligence Director report on implementation of intelligence community reform. 

Sec. 335. Comptroller General reports on implementation of intelligence community reform. 

Sec. 336. General references. 

Subtitle D—Effective Date 

Sec. 341. Effective date. 

Subtitle E—Other Matters 

Sec. 351. Severability. 

Sec. 352. Authorization of appropriations.

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) The term ‘‘intelligence’’ includes foreign in4 telligence and counterintelligence. 

5 (2) The term ‘‘foreign intelligence’’ means in6 formation relating to the capabilities, intentions, or 

7 activities of foreign governments or elements thereof, 

8 foreign organizations, foreign persons, or inter9 national terrorists. 

10 (3) The term ‘‘counterintelligence’’ means infor11 mation gathered, and activities conducted, to protect 

12 against espionage, other intelligence activities, sabo13 tage, or assassinations conducted by or on behalf of 

14 foreign governments or elements thereof, foreign or15 ganizations, foreign persons, or international terror16 ists. 
5

•S 2845 PCS 

1 (4) The term ‘‘intelligence community’’ includes 

2 the following: 

3 (A) The National Intelligence Authority. 

4 (B) The Central Intelligence Agency. 

5 (C) The National Security Agency. 

6 (D) The Defense Intelligence Agency. 

7 (E) The National Geospatial-Intelligence 

8 Agency. 

9 (F) The National Reconnaissance Office. 

10 (G) Other offices within the Department of 

11 Defense for the collection of specialized national 

12 intelligence through reconnaissance programs. 

13 (H) The intelligence elements of the Army, 

14 the Navy, the Air Force, the Marine Corps, the 

15 Federal Bureau of Investigation, and the De16 partment of Energy. 

17 (I) The Bureau of Intelligence and Re18 search of the Department of State. 

19 (J) The Office of Intelligence and Analysis 

20 of the Department of the Treasury. 

21 (K) The elements of the Department of 

22 Homeland Security concerned with the analysis 

23 of intelligence information, including the Office 

24 of Intelligence of the Coast Guard. 
6

•S 2845 PCS 

1 (L) Such other elements of any depart2 ment or agency as may be designated by the 

3 President, or designated jointly by the National 

4 Intelligence Director and the head of the de5 partment or agency concerned, as an element of 

6 the intelligence community. 

7 (5) The terms ‘‘national intelligence’’ and ‘‘in8 telligence related to the national security’’—

9 (A) each refer to intelligence which per10 tains to the interests of more than one depart11 ment or agency of the Government; and 

12 (B) do not refer to counterintelligence or 

13 law enforcement activities conducted by the 

14 Federal Bureau of Investigation except to the 

15 extent provided for in procedures agreed to by 

16 the National Intelligence Director and the At17 torney General, or otherwise as expressly pro18 vided for in this title. 

19 (6) The term ‘‘National Intelligence Pro20 gram’’—

21 (A)(i) refers to all national intelligence 

22 programs, projects, and activities of the ele23 ments of the intelligence community; 

24 (ii) includes all programs, projects, and ac25 tivities (whether or not pertaining to national 
7

•S 2845 PCS 

1 intelligence) of the National Intelligence Au2 thority, the Central Intelligence Agency, the 

3 National Security Agency, the National 

4 Geospatial-Intelligence Agency, the National 

5 Reconnaissance Office, the Office of Intelligence 

6 of the Federal Bureau of Investigation, and the 

7 Office of Information Analysis of the Depart8 ment of Homeland Security; and 

9 (iii) includes any other program, project, 

10 or activity of a department, agency, or element 

11 of the United States Government relating to 

12 national intelligence unless the National Intel13 ligence Director and the head of the depart14 ment, agency, or element concerned determine 

15 otherwise; but 

16 (B) except as provided in subparagraph 

17 (A)(ii), does not refer to any program, project, 

18 or activity of the military departments, includ19 ing any program, project, or activity of the De20 fense Intelligence Agency that is not part of the 

21 National Foreign Intelligence Program as of 

22 the date of the enactment of this Act, to ac23 quire intelligence principally for the planning 

24 and conduct of joint or tactical military oper25 ations by the United States Armed Forces. 
8

•S 2845 PCS 

1 (7) The term ‘‘congressional intelligence com2 mittees’’ means—

3 (A) the Select Committee on Intelligence of 

4 the Senate; and 

5 (B) the Permanent Select Committee on 

6 Intelligence of the House of Representatives. 

7 TITLE I—NATIONAL 

8 INTELLIGENCE AUTHORITY 

9 Subtitle A—National Intelligence 

10 Authority 

11 SEC. 101. NATIONAL INTELLIGENCE AUTHORITY. 

12 (a) INDEPENDENT ESTABLISHMENT.—There is here13 by established as an independent establishment in the ex14 ecutive branch of government the National Intelligence 

15 Authority. 

16 (b) COMPOSITION.—The National Intelligence Au17 thority is composed of the following: 

18 (1) The Office of the National Intelligence Di19 rector. 

20 (2) The elements specified in subtitle D. 

21 (3) Such other elements, offices, agencies, and 

22 activities as may be established by law or by the 

23 President or the National Intelligence Director. 

24 (c) PRIMARY MISSIONS.—The primary missions of 

25 the National Intelligence Authority are as follows: 
9

•S 2845 PCS 

1 (1) To unify and strengthen the efforts of the 

2 intelligence community of the United States Govern3 ment. 

4 (2) To ensure the organization of the efforts of 

5 the intelligence community of the United States 

6 Government in a joint manner relating to intel7 ligence missions rather than through intelligence col8 lection disciplines. 

9 (3) To provide for the operation of the National 

10 Counterterrorism Center and national intelligence 

11 centers under subtitle D. 

12 (4) To eliminate barriers that impede coordina13 tion of the counterterrorism activities of the United 

14 States Government between foreign intelligence ac15 tivities located abroad and foreign intelligence activi16 ties located domestically while ensuring the protec17 tion of civil liberties. 

18 (5) To establish clear responsibility and ac19 countability for counterterrorism and other intel20 ligence matters relating to the national security of 

21 the United States. 

22 (d) SEAL.—The National Intelligence Director shall 

23 have a seal for the National Intelligence Authority. The 

24 design of the seal is subject to the approval of the Presi25 dent. Judicial notice shall be taken of the seal. 
10

•S 2845 PCS 

1 SEC. 102. NATIONAL INTELLIGENCE DIRECTOR. 

2 (a) NATIONAL INTELLIGENCE DIRECTOR.—There is 

3 a National Intelligence Director who shall be appointed 

4 by the President, by and with the advice and consent of 

5 the Senate. 

6 (b) INDIVIDUALS ELIGIBLE FOR NOMINATION.—Any 

7 individual nominated for appointment as National Intel8 ligence Director shall have extensive national security ex9 pertise. 

10 (c) PROHIBITION ON SIMULTANEOUS SERVICE IN

11 OTHER CAPACITY IN INTELLIGENCE COMMUNITY.—The 

12 individual serving as National Intelligence Director may 

13 not, while so serving, serve in any capacity in any other 

14 element of the intelligence community, except to the extent 

15 that the individual serving as National Intelligence Direc16 tor does so in an acting capacity. 

17 (d) PRINCIPAL DUTIES AND RESPONSIBILITIES.—

18 The National Intelligence Director shall—

19 (1) serve as head of the intelligence community 

20 in accordance with the provisions of this Act, the 

21 National Security Act of 1947 (50 U.S.C. 401 et 

22 seq.), and other applicable provisions of law; 

23 (2) act as a principal adviser to the President 

24 for intelligence related to the national security; 

25 (3) serve as the head of the National Intel26 ligence Authority; and 
11

•S 2845 PCS 

1 (4) direct and oversee the National Intelligence 

2 Program. 

3 (e) GENERAL RESPONSIBILITIES AND AUTHORI4 TIES.—In carrying out the duties and responsibilities set 

5 forth in subsection (c), the National Intelligence Director 

6 shall have the responsibilities set forth in section 112 and 

7 the authorities set forth in section 113 and other applica8 ble provisions of law. 

9 Subtitle B—Responsibilities and 

10 Authorities of National Intel11 ligence Director 

12 SEC. 111. PROVISION OF NATIONAL INTELLIGENCE. 

13 (a) IN GENERAL.—The National Intelligence Direc14 tor shall be responsible for providing national intel15 ligence—

16 (1) to the President; 

17 (2) to the heads of other departments and 

18 agencies of the executive branch; 

19 (3) to the Chairman of the Joint Chiefs of Staff 

20 and senior military commanders; 

21 (4) to the Senate and House of Representatives 

22 and the committees thereof; and 

23 (5) to such other persons or entities as the 

24 President shall direct. 
12

•S 2845 PCS 

1 (b) NATIONAL INTELLIGENCE.—Such national intel2 ligence shall be timely, objective, independent of political 

3 considerations, and based upon all sources available to the 

4 intelligence community. 

5 SEC. 112. RESPONSIBILITIES OF NATIONAL INTELLIGENCE 

6 DIRECTOR. 

7 (a) IN GENERAL.—The National Intelligence Direc8 tor shall—

9 (1) determine the annual budget for the intel10 ligence and intelligence-related activities of the 

11 United States by—

12 (A) providing to the heads of the depart13 ments containing agencies or elements within 

14 the intelligence community and that have one or 

15 more programs, projects, or activities within the 

16 National Intelligence program, and to the heads 

17 of such agencies and elements, guidance for de18 velopment the National Intelligence Program 

19 budget pertaining to such agencies or elements; 

20 (B) developing and presenting to the Presi21 dent an annual budget for the National Intel22 ligence Program after consultation with the 

23 heads of agencies or elements, and the heads of 

24 their respective departments, under subpara25 graph (A); 
13

•S 2845 PCS 

1 (C) providing budget guidance to each ele2 ment of the intelligence community that does 

3 not have one or more program, project, or ac4 tivity within the National Intelligence Program 

5 regarding the intelligence and intelligence-re6 lated activities of such element; and 

7 (D) participating in the development by 

8 the Secretary of Defense of the annual budgets 

9 for the military intelligence programs, projects, 

10 and activities not included in the National In11 telligence Program; 

12 (2) manage and oversee the National Intel13 ligence Program, including—

14 (A) the execution of funds within the Na15 tional Intelligence Program; 

16 (B) the reprogramming of funds appro17 priated or otherwise made available to the Na18 tional Intelligence Program; and 

19 (C) the transfer of funds and personnel 

20 under the National Intelligence Program; 

21 (3) establish the requirements and priorities to 

22 govern the collection, analysis, and dissemination of 

23 national intelligence by elements of the intelligence 

24 community; 
14

•S 2845 PCS 

1 (4) establish collection and analysis require2 ments for the intelligence community, determine col3 lection and analysis priorities, issue and manage col4 lection and analysis tasking, and resolve conflicts in 

5 the tasking of elements of the intelligence commu6 nity within the National Intelligence Program, ex7 cept as otherwise agreed with the Secretary of De8 fense pursuant to the direction of the President; 

9 (5) provide advisory tasking on the collection of 

10 intelligence to elements of the United States Govern11 ment having information collection capabilities that 

12 are not elements of the intelligence community; 

13 (6) manage and oversee the National 

14 Counterterrorism Center under section 143, and es15 tablish, manage, and oversee national intelligence 

16 centers under section 144; 

17 (7) establish requirements and priorities for for18 eign intelligence information to be collected under 

19 the Foreign Intelligence Surveillance Act of 1978 

20 (50 U.S.C. 1801 et seq.), and provide assistance to 

21 the Attorney General to ensure that information de22 rived from electronic surveillance or physical 

23 searches under that Act is disseminated so it may be 

24 used efficiently and effectively for foreign intel25 ligence purposes, except that the Director shall have 
15

•S 2845 PCS 

1 no authority to direct, manage, or undertake elec2 tronic surveillance or physical search operations pur3 suant to that Act unless otherwise authorized by 

4 statute or Executive order; 

5 (8) develop and implement, in consultation with 

6 the heads of other agencies or elements of the intel7 ligence community, and the heads of their respective 

8 departments, personnel policies and programs appli9 cable to the intelligence community that—

10 (A) encourage and facilitate assignments 

11 and details of personnel to the National 

12 Counterterrorism Center under section 143, to 

13 national intelligence centers under section 144, 

14 and between elements of the intelligence com15 munity; 

16 (B) set standards for education, training, 

17 and career development of personnel of the in18 telligence community; 

19 (C) encourage and facilitate the recruit20 ment and retention by the intelligence commu21 nity of highly qualified individuals for the effec22 tive conduct of intelligence activities; 

23 (D) ensure that the personnel of the intel24 ligence community is sufficiently diverse for 

25 purposes of the collection and analysis of intel-
16

•S 2845 PCS 

1 ligence through the recruitment and training of 

2 women, minorities, and individuals with diverse 

3 ethnic, cultural, and linguistic backgrounds; 

4 (E) make service in more than one element 

5 of the intelligence community a condition of 

6 promotion to such positions within the intel7 ligence community as the Director shall specify; 

8 (F) ensure the effective management of in9 telligence community personnel who are respon10 sible for intelligence community-wide matters; 

11 (G) provide for the effective management 

12 of human capital within the intelligence commu13 nity, including—

14 (i) the alignment of human resource 

15 policies and programs of the elements of 

16 the intelligence community with the mis17 sions, goals, and organizational objectives 

18 of such elements and of the intelligence 

19 community overall; 

20 (ii) the assessment of workforce char21 acteristics and future needs and the estab22 lishment of workforce development strate23 gies to meet those needs based on relevant 

24 organizational missions and strategic 

25 plans; 
17

•S 2845 PCS 

1 (iii) the sustainment of a culture that 

2 encourages and allows for the development 

3 of a high performing workforce; and 

4 (iv) the alignment of expectations for 

5 personnel performance with relevant orga6 nizational missions and strategic plans; 

7 (H) are consistent with the public employ8 ment principles of merit and fitness set forth 

9 under section 2301 of title 5, United States 

10 Code; and 

11 (I) include the enhancements required 

12 under section 114; 

13 (9) promote and evaluate the utility of national 

14 intelligence to consumers within the United States 

15 Government; 

16 (10) ensure that appropriate officials of the 

17 United States Government and other appropriate in18 dividuals have access to a variety of intelligence as19 sessments and analytical views; 

20 (11) protect intelligence sources and methods 

21 from unauthorized disclosure; 

22 (12) establish requirements and procedures for 

23 the classification of intelligence information and for 

24 access to classified intelligence information; 
18

•S 2845 PCS 

1 (13) establish requirements and procedures for 

2 the dissemination of classified information by ele3 ments of the intelligence community; 

4 (14) establish intelligence reporting guidelines 

5 that maximize the dissemination of information 

6 while protecting intelligence sources and methods; 

7 (15) develop, in consultation with the heads of 

8 appropriate departments and agencies of the United 

9 States Government, an integrated communications 

10 network that provides interoperable communications 

11 capabilities among all elements of the intelligence 

12 community and such other entities and persons as 

13 the Director considers appropriate; 

14 (16) establish standards for information tech15 nology and communications for the intelligence com16 munity; 

17 (17) ensure that the intelligence community 

18 makes efficient and effective use of open-source in19 formation and analysis; 

20 (18) ensure compliance by elements of the intel21 ligence community with the Constitution and all 

22 laws, regulations, Executive orders, and imple23 menting guidelines of the United States applicable to 

24 the intelligence and intelligence-related activities of 

25 the United States Government, including the provi-
19

•S 2845 PCS 

1 sions of the Constitution and all laws, regulations, 

2 Executive orders, and implementing guidelines of the 

3 United States applicable to the protection of the pri4 vacy and civil liberties of United States persons; 

5 (19) eliminate waste and unnecessary duplica6 tion within the intelligence community; and 

7 (20) perform such other functions as the Presi8 dent may direct. 

9 (b) UNIFORM PROCEDURES FOR SENSITIVE COM10 PARTMENTED INFORMATION.—The President, acting 

11 through the National Intelligence Director, shall establish 

12 uniform standards and procedures for the grant to sen13 sitive compartmented information in accordance with sec14 tion 115. 

15 (c) PERFORMANCE OF COMMON SERVICES.—(1) The 

16 National Intelligence Director shall, in consultation with 

17 the heads of departments and agencies of the United 

18 States Government containing elements within the intel19 ligence community and with the Director of the Central 

20 Intelligence Agency, direct and coordinate the perform21 ance by the elements of the intelligence community within 

22 the National Intelligence Program of such services as are 

23 of common concern to the intelligence community, which 

24 services the National Intelligence Director determines can 

25 be more efficiently accomplished in a consolidated manner. 
20

•S 2845 PCS 

1 (2) The services performed under paragraph (1) shall 

2 include research and development on technology for use 

3 in national intelligence missions. 

4 (d) REGULATIONS.—The National Intelligence Direc5 tor may prescribe regulations relating to the discharge and 

6 enforcement of the responsibilities of the Director under 

7 this section. 

8 SEC. 113. AUTHORITIES OF NATIONAL INTELLIGENCE DI9 RECTOR. 

10 (a) ACCESS TO INTELLIGENCE.—Unless otherwise di11 rected by the President, the National Intelligence Director 

12 shall have access to all intelligence related to the national 

13 security which is collected by any department, agency, or 

14 other element of the United States Government. 

15 (b) DETERMINATION OF BUDGETS FOR NIP AND

16 OTHER INTELLIGENCE ACTIVITIES.—The National Intel17 ligence Director shall determine the annual budget for the 

18 intelligence and intelligence-related activities of the United 

19 States Government under section 112(a)(1) by—

20 (1) providing to the heads of the departments 

21 containing agencies or elements within the intel22 ligence community and that have one or more pro23 grams, projects, or activities within the National In24 telligence program, and to the heads of such agen25 cies and elements, guidance for development the Na-
21

•S 2845 PCS 

1 tional Intelligence Program budget pertaining to 

2 such agencies or elements; 

3 (2) developing and presenting to the President 

4 an annual budget for the National Intelligence Pro5 gram after consultation with the heads of agencies 

6 or elements, and the heads of their respective de7 partments, under paragraph (1), including, in fur8 therance of such budget, the review, modification, 

9 and approval of budgets of the agencies or elements 

10 of the intelligence community with one or more pro11 grams, projects, or activities within the National In12 telligence Program utilizing the budget authorities in 

13 subsection (c)(1); 

14 (3) providing guidance on the development of 

15 annual budgets for each element of the intelligence 

16 community that does not have any program, project, 

17 or activity within the National Intelligence Program 

18 utilizing the budget authorities in subsection (c)(2); 

19 (4) participating in the development by the Sec20 retary of Defense of the annual budget for military 

21 intelligence programs and activities outside the Na22 tional Intelligence Program; 

23 (4) receiving the appropriations for the Na24 tional Intelligence Program as specified in sub25 section (d) and allotting and allocating funds to 
22

•S 2845 PCS 

1 agencies and elements of the intelligence community; 

2 and 

3 (5) managing and overseeing the execution by 

4 the agencies or elements of the intelligence commu5 nity, and, if necessary, the modification of the an6 nual budget for the National Intelligence Program, 

7 including directing the reprogramming and transfer 

8 of funds, and the transfer of personnel, among and 

9 between elements of the intelligence community 

10 within the National Intelligence Program utilizing 

11 the authorities in subsections (f) and (g). 

12 (c) BUDGET AUTHORITIES.—(1)(A) In developing 

13 and presenting an annual budget for the elements of the 

14 intelligence community within the National Intelligence 

15 Program under subsection (b)(1), the National Intel16 ligence Director shall coordinate, prepare, and present to 

17 the President the annual budgets of those elements, in 

18 consultation with the heads of those elements. 

19 (B) If any portion of the budget for an element of 

20 the intelligence community within the National Intel21 ligence Program is prepared outside the Office of the Na22 tional Intelligence Director, the Director—

23 (i) shall approve such budget before submission 

24 to the President; and 
23

•S 2845 PCS 

1 (ii) may require modifications of such budget to 

2 meet the requirements and priorities of the Director 

3 before approving such budget under clause (i). 

4 (C) The budget of an agency or element of the intel5 ligence community with one or more programs, projects, 

6 or activities within the National Intelligence Program may 

7 not be provided to the President unless the Director has 

8 first approved such budget. 

9 (2)(A) The Director shall provide guidance for the 

10 development of the annual budgets for each agency or ele11 ment of the intelligence community that does not have any 

12 program, project, or activity within the National Intel13 ligence Program. 

14 (B) The heads of the agencies or elements of the in15 telligence community, and the heads of their respective de16 partments, referred to in subparagraph (A) shall coordi17 nate closely with the Director in the development of the 

18 budgets of such agencies or elements, before the submis19 sion of their recommendations on such budgets to the 

20 President. 

21 (d) JURISDICTION OF FUNDS UNDER NIP.—(1) Not22 withstanding any other provision of law and consistent 

23 with section 504 of the National Security Act of 1947 (50 

24 U.S.C. 414), any amounts appropriated or otherwise made 

25 available for the National Intelligence Program shall be 
24

•S 2845 PCS 

1 appropriated to the National Intelligence Authority and, 

2 pursuant to subsection (e), under the direct jurisdiction 

3 of the National Intelligence Director. 

4 (2) The Director shall manage and oversee the execu5 tion by each element of the intelligence community of any 

6 amounts appropriated or otherwise made available to such 

7 element under the National Intelligence Program. 

8 (e) ACCOUNTS FOR ADMINISTRATION OF NIP 

9 FUNDS.—(1) The Secretary of the Treasury shall, in con10 sultation with the National Intelligence Director, establish 

11 accounts for the funds under the jurisdiction of the Direc12 tor under subsection (d) for purposes of carrying out the 

13 responsibilities and authorities of the Director under this 

14 Act with respect to the National Intelligence Program. 

15 (2) The National Intelligence Director shall—

16 (A) control and manage the accounts estab17 lished under paragraph (1); and 

18 (B) with the concurrence of the Director of the 

19 Office of Management and Budget, establish proce20 dures governing the use (including transfers and 

21 reprogrammings) of funds in such accounts. 

22 (3)(A) To the extent authorized by law, a certifying 

23 official shall follow the procedures established under para24 graph (2)(B) with regard to each account established 

25 under paragraph (1). Disbursements from any such ac-
25

•S 2845 PCS 

1 count shall only be made against a valid obligation of such 

2 account. 

3 (B) In this paragraph, the term ‘‘certifying official’, 

4 with respect to an element of the intelligence community, 

5 means an employee of the element who has responsibilities 

6 specified in section 3528(a) of title 31, United States 

7 Code. 

8 (4) The National Intelligence Director shall allot 

9 funds deposited in an account established under para10 graph (1) directly to the head of the elements of the intel11 ligence community concerned in accordance with the pro12 cedures established under paragraph (2)(B). 

13 (5) Each account established under paragraph (1) 

14 shall be subject to chapters 13 and 15 of title 31, United 

15 States Code, other than sections 1503 and 1556 of that 

16 title. 

17 (6) Nothing in this subsection shall be construed to 

18 impair or otherwise affect the authority granted by sub19 section (g)(3) or by section 5 or 8 of the Central Intel20 ligence Agency Act of 1949 (50 U.S.C. 403f, 403j). 

21 (f) ROLE IN REPROGRAMMING OR TRANSFER OF NIP 

22 FUNDS BY ELEMENTS OF INTELLIGENCE COMMUNITY.—

23 (1) No funds made available under the National Intel24 ligence Program may be reprogrammed or transferred by 

25 any agency or element of the intelligence community with-
26

•S 2845 PCS 

1 out the prior approval of the National Intelligence Direc2 tor except in accordance with procedures issued by the Di3 rector. 

4 (2) The head of the department concerned shall con5 sult with the Director before reprogramming or transfer6 ring funds appropriated or otherwise made available to an 

7 agency or element of the intelligence community that does 

8 not have any program, project, or activity within the Na9 tional Intelligence Program. 

10 (3) The Director shall, before reprogramming funds 

11 appropriated or otherwise made available for an element 

12 of the intelligence community within the National Intel13 ligence Program, consult with the head of the department 

14 or agency having jurisdiction over such element regarding 

15 such reprogramming. 

16 (4)(A) The Director shall consult with the appro17 priate committees of Congress regarding modifications of 

18 existing procedures to expedite the reprogramming of 

19 funds within the National Intelligence Program. 

20 (B) Any modification of procedures under subpara21 graph (A) shall include procedures for the notification of 

22 the appropriate committees of Congress of any objection 

23 raised by the head of a department or agency to a re24 programming proposed by the Director as a result of con25 sultations under paragraph (3). 
27

•S 2845 PCS 

1 (g) TRANSFER OR REPROGRAMMING OF FUNDS AND

2 TRANSFER OF PERSONNEL WITHIN NIP.—(1) In addi3 tion to any other authorities available under law for such 

4 purposes, the National Intelligence Director, with the ap5 proval of the Director of the Office of Management and 

6 Budget and after consultation with the heads of the de7 partments containing agencies or elements within the in8 telligence community to the extent their subordinate agen9 cies or elements are affected, with the heads of such subor10 dinate agencies or elements, and with the Director of the 

11 Central Intelligence Agency to the extent the Central In12 telligence Agency is affected, may—

13 (A) transfer or reprogram funds appropriated 

14 for a program within the National Intelligence Pro15 gram to another such program; 

16 (B) review, and approve or disapprove, any pro17 posal to transfer or reprogram funds from appro18 priations that are not for the National Intelligence 

19 Program to appropriations for the National Intel20 ligence Program; 

21 (C) in accordance with procedures to be devel22 oped by the National Intelligence Director, transfer 

23 personnel of the intelligence community funded 

24 through the National Intelligence Program from one 
28

•S 2845 PCS 

1 element of the intelligence community to another ele2 ment of the intelligence community; and 

3 (D) in accordance with procedures to be devel4 oped by the National Intelligence Director and the 

5 heads of the departments and agencies concerned, 

6 transfer personnel of the intelligence community not 

7 funded through the National Intelligence Program 

8 from one element of the intelligence community to 

9 another element of the intelligence community. 

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

11 under this subsection only if—

12 (A) the funds or personnel are being trans13 ferred to an activity that is a higher priority intel14 ligence activity; 

15 (B) the transfer does not involve a transfer of 

16 funds to the Reserve for Contingencies of the Na17 tional Intelligence Director; or 

18 (C) the transfer does not exceed applicable ceil19 ings established in law for such transfers. 

20 (3) Funds transferred under this subsection shall re21 main available for the same period as the appropriations 

22 account to which transferred. 

23 (4) Any transfer of funds under this subsection shall 

24 be carried out in accordance with existing procedures ap25 plicable to reprogramming notifications for the appro-
29

•S 2845 PCS 

1 priate congressional committees. Any proposed transfer 

2 for which notice is given to the appropriate congressional 

3 committees shall be accompanied by a report explaining 

4 the nature of the proposed transfer and how it satisfies 

5 the requirements of this subsection. In addition, the con6 gressional intelligence committees shall be promptly noti7 fied of any transfer of funds made pursuant to this sub8 section in any case in which the transfer would not have 

9 otherwise required reprogramming notification under pro10 cedures in effect as of October 24, 1992. 

11 (5)(A) The National Intelligence Director shall 

12 promptly submit to the appropriate committees of Con13 gress a report on any transfer of personnel made pursuant 

14 to this subsection. The Director shall include in any such 

15 report an explanation of the nature of the transfer and 

16 how it satisfies the requirements of this subsection. 

17 (B) In this paragraph, the term ‘‘appropriate com18 mittees of Congress’’ means—

19 (i)(I) the Committee on Appropriations and the 

20 Select Committee on Intelligence of the Senate; and 

21 (II) the Committee on Appropriations and the 

22 Permanent Select Committee on Intelligence of the 

23 House of Representatives; 

24 (ii) in the case of a transfer of personnel to or 

25 from the Department of Defense—
30

•S 2845 PCS 

1 (I) the committees and select committees 

2 referred to in clause (i); 

3 (II) the Committee on Armed Services of 

4 the Senate; and 

5 (III) the Committee on Armed Services of 

6 the House of Representatives; 

7 (iii) in the case of a transfer of personnel to or 

8 from the Federal Bureau of Investigation—

9 (I) the committees and select committees 

10 referred to in clause (i); 

11 (II) the Committee on the Judiciary of the 

12 Senate; and 

13 (III) the Committee on the Judiciary of 

14 the House of Representatives; and 

15 (iv) in the case of a transfer of personnel to or 

16 from the Department of Homeland Security—

17 (I) the committees and select committees 

18 referred to in clause (i); 

19 (II) the Committee on Governmental Af20 fairs of the Senate; and 

21 (III) the Select Committee on Homeland 

22 Security of the House of Representatives. 

23 (h) INFORMATION TECHNOLOGY AND COMMUNICA24 TIONS.—(1) In conforming with section 205, in carrying 
31

•S 2845 PCS 

1 out section 112(a)(16), the National Intelligence Director 

2 shall—

3 (A) establish standards for information tech4 nology and communications across the intelligence 

5 community; 

6 (B) develop an integrated information tech7 nology network and enterprise architecture for the 

8 intelligence community, including interface stand9 ards for interoperability to enable automated infor10 mation-sharing among elements of the intelligence 

11 community; 

12 (C) maintain an inventory of critical informa13 tion technology and communications systems, and 

14 eliminate unnecessary or duplicative systems; 

15 (D) establish contingency plans for the intel16 ligence community regarding information technology 

17 and communications; and 

18 (E) establish policies, doctrine, training, and 

19 other measures necessary to ensure that the intel20 ligence community develops an integrated informa21 tion technology and communications network that 

22 ensures information-sharing. 

23 (2) Consistent with section 205, the Director shall 

24 take any action necessary, including the setting of stand25 ards for information technology and communications 
32

•S 2845 PCS 

1 across the intelligence community, to develop an inte2 grated information technology and communications net3 work that ensures information-sharing across the intel4 ligence community. 

5 (i) COORDINATION WITH FOREIGN GOVERN6 MENTS.—In a manner consistent with section 207 of the 

7 Foreign Service Act of 1980 (22 U.S.C. 3927), the Na8 tional Intelligence Director shall oversee and direct the Di9 rector of the Central Intelligence Agency in coordinating, 

10 under section 103(f) of the National Security Act of 1947, 

11 the relationships between elements of the intelligence com12 munity and the intelligence or security services of foreign 

13 governments on all matters involving intelligence related 

14 to the national security or involving intelligence acquired 

15 through clandestine means. 

16 (j) OPEN SOURCE INFORMATION COLLECTION.—The 

17 National Intelligence Director shall establish and maintain 

18 within the intelligence community an effective and effi19 cient open-source information collection capability. 

20 (k) ACCESS TO INFORMATION.—Except as otherwise 

21 directed by the President, the head of each element of the 

22 intelligence community shall promptly provide the Na23 tional Intelligence Director such information in the posses24 sion or under the control of such element as the Director 

25 may request in order to facilitate the exercise of the au-
33

•S 2845 PCS 

1 thorities and responsibilities of the Director under this 

2 Act. 

3 SEC. 114. ENHANCED PERSONNEL MANAGEMENT. 

4 (a) REWARDS FOR SERVICE IN CERTAIN POSI5 TIONS.—(1) The National Intelligence Director shall pre6 scribe regulations to provide incentives for service on the 

7 staff of the national intelligence centers, on the staff of 

8 the National Counterterrorism Center, and in other posi9 tions in support of the intelligence community manage10 ment functions of the Director. 

11 (2) Incentives under paragraph (1) may include fi12 nancial incentives, bonuses, and such other awards and 

13 incentives as the Director considers appropriate. 

14 (b) ENHANCED PROMOTION FOR SERVICE UNDER

15 NID.—Notwithstanding any other provision of law, the 

16 National Intelligence Director shall ensure that personnel 

17 of an element of the intelligence community who are as18 signed or detailed to service under the National Intel19 ligence Director shall be promoted at rates equivalent to 

20 or better than personnel of such element who are not so 

21 assigned or detailed. 

22 (c) JOINT CAREER MATTERS.—(1) In carrying out 

23 section 112(a)(8), the National Intelligence Director shall 

24 prescribe mechanisms to facilitate the rotation of per25 sonnel of the intelligence community through various ele-
34

•S 2845 PCS 

1 ments of the intelligence community in the course of their 

2 careers in order to facilitate the widest possible under3 standing by such personnel of the variety of intelligence 

4 requirements, methods, and disciplines. 

5 (2) The mechanisms prescribed under paragraph (1) 

6 may include the following: 

7 (A) The establishment of special occupational 

8 categories involving service, over the course of a ca9 reer, in more than one element of the intelligence 

10 community. 

11 (B) The provision of rewards for service in posi12 tions undertaking analysis and planning of oper13 ations involving two or more elements of the intel14 ligence community. 

15 (C) The establishment of requirements for edu16 cation, training, service, and evaluation that involve 

17 service in more than one element of the intelligence 

18 community. 

19 (3) It is the sense of Congress that the mechanisms 

20 prescribed under this subsection should, to the extent 

21 practical, seek to duplicate within the intelligence commu22 nity the joint officer management policies established by 

23 the Goldwater-Nichols Department of Defense Reorga24 nization Act of 1986 (Public Law 99–433) and the amend25 ments on joint officer management made by that Act. 
35

•S 2845 PCS 

1 SEC. 115. SECURITY CLEARANCES. 

2 (a) IN GENERAL.—The President, in consultation 

3 with the National Intelligence Director, the department, 

4 agency, or element selected under (b), and other appro5 priate officials shall—

6 (1) establish uniform standards and procedures 

7 for the grant of access to classified information for 

8 employees and contractor personnel of the United 

9 States Government who require access to such infor10 mation; 

11 (2) ensure the consistent implementation of the 

12 standards and procedures established under para13 graph (1) throughout the departments, agencies, and 

14 elements of the United States Government and 

15 under contracts entered into by such departments, 

16 agencies, and elements; 

17 (3) ensure that an individual who is granted or 

18 continued eligibility for access to classified informa19 tion is treated by each department, agency, or ele20 ment of the executive branch as eligible for access to 

21 classified information at that level for all purposes 

22 of each such department, agency, or element, re23 gardless of which department, agency, or element of 

24 the executive branch granted or continued the eligi25 bility of such individual for access to classified infor26 mation; 
36

•S 2845 PCS 

1 (4) establish uniform requirements and stand2 ards, including for security questionnaires, financial 

3 disclosure requirements, and standards for admin4 istering polygraph examinations, to be utilized for 

5 the performance of security clearance investigations, 

6 including by the contractors conducting such inves7 tigations; and 

8 (5) ensure that the database established under 

9 subsection (b)(2)(B) meets the needs of the intel10 ligence community. 

11 (b) PERFORMANCE OF SECURITY CLEARANCE INVES12 TIGATIONS.—(1) Not later than 45 days after the date of 

13 the enactment of this Act, the President shall select a sin14 gle department, agency, or element of the executive branch 

15 to conduct all security clearance investigations of employ16 ees and contractor personnel of the United States Govern17 ment who require access to classified information and to 

18 provide and maintain all security clearances of such em19 ployees and contractor personnel. 

20 (2) The department, agency, or element selected 

21 under paragraph (1) shall—

22 (A) take all necessary actions to carry out 

23 the requirements of this section, including en24 tering into a memorandum of understanding 

25 with any agency carrying out responsibilities re-
37

•S 2845 PCS 

1 lating to security clearances or security clear2 ance investigations before the date of the enact3 ment of this Act; 

4 (B) as soon as practicable, establish and 

5 maintain a single database for tracking security 

6 clearance applications, security clearance inves7 tigations, and determinations of eligibility for 

8 security clearances, which database shall incor9 porate applicable elements of similar databases 

10 in existence on the date of the enactment of 

11 this Act; and 

12 (C) ensure that security clearance inves13 tigations are conducted in accordance with uni14 form standards and requirements established 

15 under subsection (a)(4), including uniform se16 curity questionnaires and financial disclosure 

17 requirements. 

18 (c) ADJUDICATION AND GRANT OF SECURITY CLEAR19 ANCES.—(1) Each agency that adjudicates and grants se20 curity clearances as of the date of the enactment of this 

21 Act may continue to adjudicate and grant security clear22 ances after that date. 

23 (2) Each agency that adjudicates and grants security 

24 clearances shall specify to the department, agency, or ele25 ment selected under subsection (b) the level of security 
38

•S 2845 PCS 

1 clearance investigation required for an individual under its 

2 jurisdiction. 

3 (3) Upon granting or continuing eligibility for access 

4 to classified information to an individual under its juris5 diction, an agency that adjudicates and grants security 

6 clearances shall submit to the department, agency, or ele7 ment selected under subsection (b) notice of that action, 

8 including the level of access to classified information 

9 granted. 

10 (d) UTILIZATION OF PERSONNEL.—There shall be 

11 transferred to the department, agency, or element selected 

12 under subsection (b) any personnel of any executive agen13 cy whose sole function as of the date of the enactment 

14 of this Act is the performance of security clearance inves15 tigations. 

16 (e) TRANSITION.—The President shall take appro17 priate actions to ensure that the performance of security 

18 clearance investigations under this section commences not 

19 later than one year after the date of the enactment of this 

20 Act. 

21 SEC. 116. NATIONAL INTELLIGENCE RESERVE CORPS. 

22 (a) ESTABLISHMENT.—The National Intelligence Di23 rector may provide for the establishment and training of 

24 a National Intelligence Reserve Corps (in this section re25 ferred to as ‘‘National Intelligence Reserve Corps’’) for the 
39

•S 2845 PCS 

1 temporary reemployment on a voluntary basis of former 

2 employees of elements of the intelligence community dur3 ing periods of emergency, as determined by the Director. 

4 (b) ELIGIBLE INDIVIDUALS.—An individual may par5 ticipate in the National Intelligence Reserve Corps only 

6 if the individual previously served as a full time employee 

7 of an element of the intelligence community. 

8 (c) LIMITATION ON MEMBERSHIP.—The total num9 ber of individuals who are members of the National Intel10 ligence Reserve Corps at any given time may not exceed 

11 200 individuals. 

12 (d) TERMS OF PARTICIPATION.—The National Intel13 ligence Director shall prescribe the terms and conditions 

14 under which eligible individuals may participate in the Na15 tional Intelligence Reserve Corps. 

16 (e) EXPENSES.—The National Intelligence Director 

17 may provide members of the National Intelligence Reserve 

18 Corps transportation and per diem in lieu of subsistence 

19 for purposes of participating in any training that relates 

20 to service as a member of the Reserve Corps. 

21 (f) TREATMENT OF ANNUITANTS.—(1) If an annu22 itant receiving an annuity from the Civil Service Retire23 ment and Disability Fund becomes temporarily reem24 ployed pursuant to this section, such annuity shall not be 

25 discontinued thereby. 
40

•S 2845 PCS 

1 (2) An annuitant so reemployed shall not be consid2 ered an employee for the purposes of chapter 83 or 84 

3 of title 5, United States Code. 

4 (g) TREATMENT UNDER NATIONAL INTELLIGENCE

5 AUTHORITY PERSONNEL CEILING.—A member of the Na6 tional Intelligence Reserve Corps who is reemployed on a 

7 temporary basis pursuant to this section shall not count 

8 against any personnel ceiling applicable to the National 

9 Intelligence Authority. 

10 SEC. 117. APPOINTMENT AND TERMINATION OF CERTAIN 

11 OFFICIALS RESPONSIBLE FOR INTEL12 LIGENCE-RELATED ACTIVITIES. 

13 (a) RECOMMENDATION OF NID IN CERTAIN AP14 POINTMENT.—In the event of a vacancy in the position 

15 of Director of the Central Intelligence Agency, the Na16 tional Intelligence Director shall recommend to the Presi17 dent an individual for nomination to fill the vacancy. 

18 (b) CONCURRENCE OF SECRETARY OF DEFENSE IN

19 CERTAIN APPOINTMENTS RECOMMENDED BY NID.—(1) 

20 In the event of a vacancy in a position referred to in para21 graph (2), the National Intelligence Director shall obtain 

22 the concurrence of the Secretary of Defense before recom23 mending to the President an individual for nomination to 

24 fill such vacancy. If the Secretary does not concur in the 

25 recommendation, the Director may make the recommenda-
41

•S 2845 PCS 

1 tion to the President without the concurrence of the Sec2 retary, but shall include in the recommendation a state3 ment that the Secretary does not concur in the rec4 ommendation. 

5 (2) Paragraph (1) applies to the following positions: 

6 (A) The Director of the National Security 

7 Agency. 

8 (B) The Director of the National Reconnais9 sance Office. 

10 (C) The Director of the National Geospatial-In11 telligence Agency. 

12 (c) CONCURRENCE OF NID IN CERTAIN APPOINT13 MENTS.—(1) In the event of a vacancy in a position re14 ferred to in paragraph (2), the head of the department 

15 or agency having jurisdiction over the position shall obtain 

16 the concurrence of the National Intelligence Director be17 fore appointing an individual to fill the vacancy or recom18 mending to the President an individual to be nominated 

19 to fill the vacancy. If the Director does not concur in the 

20 recommendation, the head of the department or agency 

21 concerned may fill the vacancy or make the recommenda22 tion to the President (as the case may be) without the 

23 concurrence of the Director, but shall notify the President 

24 that the Director does not concur in appointment or rec25 ommendation (as the case may be). 
42

•S 2845 PCS 

1 (2) Paragraph (1) applies to the following positions: 

2 (A) The Under Secretary of Defense for Intel3 ligence. 

4 (B) The Assistant Secretary of Homeland Secu5 rity for Information Analysis. 

6 (C) The Director of the Defense Intelligence 

7 Agency. 

8 (D) The Executive Assistant Director for Intel9 ligence of the Federal Bureau of Investigation. 

10 (d) RECOMMENDATION OF NID ON TERMINATION OF

11 SERVICE.—(1) The National Intelligence Director may 

12 recommend to the President or the head of the department 

13 or agency concerned the termination of service of any indi14 vidual serving in any position covered by this section. 

15 (2) In the event the Director intends to recommend 

16 to the President the termination of service of an individual 

17 under paragraph (1), the Director shall seek the concur18 rence of the head of the department or agency concerned. 

19 If the head of the department or agency concerned does 

20 not concur in the recommendation, the Director may make 

21 the recommendation to the President without the concur22 rence of the head of the department or agency concerned, 

23 but shall notify the President that the head of the depart24 ment or agency concerned does not concur in the rec25 ommendation. 
43

•S 2845 PCS 

1 SEC. 118. RESERVE FOR CONTINGENCIES OF THE NA2 TIONAL INTELLIGENCE DIRECTOR. 

3 (a) ESTABLISHMENT.—There is hereby established 

4 on the books of the Treasury an account to be known as 

5 the Reserve for Contingencies of the National Intelligence 

6 Director. 

7 (b) ELEMENTS.—The Reserve shall consist of the fol8 lowing elements: 

9 (1) Amounts authorized to be appropriated to 

10 the Reserve. 

11 (2) Any amounts authorized to be transferred 

12 to or deposited in the Reserve by law. 

13 (c) AVAILABILITY.—Amounts in the Reserve shall be 

14 available for such purposes as are provided by law. 

15 (d) TRANSFER OF FUNDS OF RESERVE FOR CONTIN16 GENCIES OF CIA.—There shall be transferred to the Re17 serve for Contingencies of the National Intelligence Direc18 tor all unobligated balances of the Reserve for Contin19 gencies of the Central Intelligence Agency as of the date 

20 of the enactment of this Act. 
44

•S 2845 PCS 

1 Subtitle C—Office of the National 

2 Intelligence Director 

3 SEC. 121. OFFICE OF THE NATIONAL INTELLIGENCE DIREC4 TOR. 

5 (a) OFFICE OF NATIONAL INTELLIGENCE DIREC6 TOR.—There is within the National Intelligence Authority 

7 an Office of the National Intelligence Director. 

8 (b) FUNCTION.—The function of the Office of the 

9 National Intelligence Director is to assist the National In10 telligence Director in carrying out the duties and respon11 sibilities of the Director under this Act, the National Secu12 rity Act of 1947 (50 U.S.C. 401 et seq.), and other appli13 cable provisions of law, and to carry out such other duties 

14 as may be prescribed by the President or by law. 

15 (c) COMPOSITION.—The Office of the National Intel16 ligence Director is composed of the following: 

17 (1) The Principal Deputy National Intelligence 

18 Director. 

19 (2) Any Deputy National Intelligence Director 

20 appointed under section 122(b). 

21 (3) The National Intelligence Council. 

22 (4) The General Counsel of the National Intel23 ligence Authority. 

24 (5) The Intelligence Comptroller. 
45

•S 2845 PCS 

1 (6) The Officer for Civil Rights and Civil Lib2 erties of the National Intelligence Authority. 

3 (7) The Privacy Officer of the National Intel4 ligence Authority. 

5 (8) The Chief Information Officer of the Na6 tional Intelligence Authority. 

7 (9) The Chief Human Capital Officer of the 

8 National Intelligence Authority. 

9 (10) The Chief Financial Officer of the Na10 tional Intelligence Authority. 

11 (11) The National Counterintelligence Execu12 tive (including the Office of the National Counter13 intelligence Executive). 

14 (12) Such other offices and officials as may be 

15 established by law or the Director may establish or 

16 designate in the Office. 

17 (d) STAFF.—(1) To assist the National Intelligence 

18 Director in fulfilling the duties and responsibilities of the 

19 Director, the Director shall employ and utilize in the Of20 fice of the National Intelligence Director a professional 

21 staff having an expertise in matters relating to such duties 

22 and responsibilities, and may establish permanent posi23 tions and appropriate rates of pay with respect to that 

24 staff. 
46

•S 2845 PCS 

1 (2) The staff of the Office of the National Intelligence 

2 Director under paragraph (1) shall include the staff of the 

3 Office of the Deputy Director of Central Intelligence for 

4 Community Management that is transferred to the Office 

5 of the National Intelligence Director under section 321. 

6 (e) PROHIBITION ON CO-LOCATION WITH OTHER

7 ELEMENTS OF INTELLIGENCE COMMUNITY.—Com8 mencing as of October 1, 2006, the Office of the National 

9 Intelligence Director may not be co-located with any other 

10 element of the intelligence community. 

11 SEC. 122. DEPUTY NATIONAL INTELLIGENCE DIRECTORS. 

12 (a) PRINCIPAL DEPUTY NATIONAL INTELLIGENCE

13 DIRECTOR.—(1) There is a Principal Deputy National In14 telligence Director who shall be appointed by the Presi15 dent, by and with the advice and consent of the Senate. 

16 (2) In the event of a vacancy in the position of Prin17 cipal Deputy National Intelligence Director, the National 

18 Intelligence Director shall recommend to the President an 

19 individual for appointment as Principal Deputy National 

20 Intelligence Director. 

21 (3) Any individual nominated for appointment as 

22 Principal Deputy National Intelligence Director shall have 

23 extensive national security experience and management 

24 expertise. 
47

•S 2845 PCS 

1 (4) The individual serving as Principal Deputy Na2 tional Intelligence Director may not, while so serving, 

3 serve in any capacity in any other element of the intel4 ligence community, except to the extent that the individual 

5 serving as Principal Deputy National Intelligence Director 

6 is doing so in an acting capacity. 

7 (5) The Principal Deputy National Intelligence Di8 rector shall assist the National Intelligence Director in 

9 carrying out the duties and responsibilities of the Director. 

10 (6) The Principal Deputy National Intelligence Di11 rector shall act for, and exercise the powers of, the Na12 tional Intelligence Director during the absence or dis13 ability of the National Intelligence Director or during a 

14 vacancy in the position of National Director of Intel15 ligence. 

16 (b) DEPUTY NATIONAL INTELLIGENCE DIREC17 TORS.—(1) There may be not more than four Deputy Na18 tional Intelligence Directors who shall be appointed by the 

19 President. 

20 (2) In the event of a vacancy in any position of Dep21 uty National Intelligence Director established under this 

22 subsection, the National Intelligence Director shall rec23 ommend to the President an individual for appointment 

24 to such position. 
48

•S 2845 PCS 

1 (3) Each Deputy National Intelligence Director ap2 pointed under this subsection shall have such duties, re3 sponsibilities, and authorities as the National Intelligence 

4 Director may assign or are specified by law. 

5 SEC. 123. NATIONAL INTELLIGENCE COUNCIL. 

6 (a) NATIONAL INTELLIGENCE COUNCIL.—There is a 

7 National Intelligence Council. 

8 (b) COMPOSITION.—(1) The National Intelligence 

9 Council shall be composed of senior analysts within the 

10 intelligence community and substantive experts from the 

11 public and private sector, who shall be appointed by, re12 port to, and serve at the pleasure of, the National Intel13 ligence Director. 

14 (2) The Director shall prescribe appropriate security 

15 requirements for personnel appointed from the private sec16 tor as a condition of service on the Council, or as contrac17 tors of the Council or employees of such contractors, to 

18 ensure the protection of intelligence sources and methods 

19 while avoiding, wherever possible, unduly intrusive re20 quirements which the Director considers to be unnecessary 

21 for this purpose. 

22 (c) DUTIES AND RESPONSIBILITIES.—(1) The Na23 tional Intelligence Council shall—

24 (A) produce national intelligence estimates for 

25 the United States Government, including alternative 
49

•S 2845 PCS 

1 views held by elements of the intelligence community 

2 and other information as specified in paragraph (2); 

3 (B) evaluate community-wide collection and 

4 production of intelligence by the intelligence commu5 nity and the requirements and resources of such col6 lection and production; and 

7 (C) otherwise assist the National Intelligence 

8 Director in carrying out the responsibilities of the 

9 Director under section 111. 

10 (2) The National Intelligence Director shall ensure 

11 that the Council satisfies the needs of policymakers and 

12 other consumers of intelligence by ensuring that each na13 tional intelligence estimate under paragraph (1)—

14 (A) states separately, and distinguishes be15 tween, the intelligence underlying such estimate and 

16 the assumptions and judgments of analysts with re17 spect to such intelligence and such estimate; 

18 (B) describes the quality and reliability of the 

19 intelligence underlying such estimate; 

20 (C) presents and explains alternative conclu21 sions, if any, with respect to the intelligence under22 lying such estimate and such estimate; and 

23 (D) characterizes the uncertainties, if any, and 

24 confidence in such estimate. 
50

•S 2845 PCS 

1 (d) SERVICE AS SENIOR INTELLIGENCE ADVISERS.—

2 Within their respective areas of expertise and under the 

3 direction of the National Intelligence Director, the mem4 bers of the National Intelligence Council shall constitute 

5 the senior intelligence advisers of the intelligence commu6 nity for purposes of representing the views of the intel7 ligence community within the United States Government. 

8 (e) AUTHORITY TO CONTRACT.—Subject to the di9 rection and control of the National Intelligence Director, 

10 the National Intelligence Council may carry out its respon11 sibilities under this section by contract, including con12 tracts for substantive experts necessary to assist the 

13 Council with particular assessments under this section. 

14 (f) STAFF.—The National Intelligence Director shall 

15 make available to the National Intelligence Council such 

16 staff as may be necessary to permit the Council to carry 

17 out its responsibilities under this section. 

18 (g) AVAILABILITY OF COUNCIL AND STAFF.—(1) 

19 The National Intelligence Director shall take appropriate 

20 measures to ensure that the National Intelligence Council 

21 and its staff satisfy the needs of policymaking officials and 

22 other consumers of intelligence. 

23 (2) The Council shall be readily accessible to policy24 making officials and other appropriate individuals not oth25 erwise associated with the intelligence community. 
51

•S 2845 PCS 

1 (h) SUPPORT.—The heads of the elements of the in2 telligence community shall, as appropriate, furnish such 

3 support to the National Intelligence Council, including the 

4 preparation of intelligence analyses, as may be required 

5 by the National Intelligence Director. 

6 SEC. 124. GENERAL COUNSEL OF THE NATIONAL INTEL7 LIGENCE AUTHORITY. 

8 (a) GENERAL COUNSEL OF NATIONAL INTEL9 LIGENCE AUTHORITY.—There is a General Counsel of the 

10 National Intelligence Authority who shall be appointed 

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

12 and consent of the Senate. 

13 (b) PROHIBITION ON DUAL SERVICE AS GENERAL

14 COUNSEL OF ANOTHER AGENCY.—The individual serving 

15 in the position of General Counsel of the National Intel16 ligence Authority may not, while so serving, also serve as 

17 the General Counsel of any other department, agency, or 

18 element of the United States Government. 

19 (c) SCOPE OF POSITION.—The General Counsel of 

20 the National Intelligence Authority is the chief legal offi21 cer of the National Intelligence Authority. 

22 (d) FUNCTIONS.—The General Counsel of the Na23 tional Intelligence Authority shall perform such functions 

24 as the National Intelligence Director may prescribe. 
52

•S 2845 PCS 

1 SEC. 125. INTELLIGENCE COMPTROLLER. 

2 (a) INTELLIGENCE COMPTROLLER.—There is an In3 telligence Comptroller who shall be appointed from civilian 

4 life by the National Intelligence Director. 

5 (b) SUPERVISION.—The Intelligence Comptroller 

6 shall report directly to the National Intelligence Director. 

7 (c) DUTIES.—The Intelligence Comptroller shall—

8 (1) assist the National Intelligence Director in 

9 the preparation and execution of the budget of the 

10 elements of the intelligence community within the 

11 National Intelligence Program; 

12 (2) assist the Director in participating in the 

13 development by the Secretary of Defense of the an14 nual budget for military intelligence programs and 

15 activities outside the National Intelligence Program; 

16 (3) provide unfettered access to the Director to 

17 financial information under the National Intelligence 

18 Program; 

19 (4) perform such other duties as may be pre20 scribed by the Director or specified by law. 

21 SEC. 126. OFFICER FOR CIVIL RIGHTS AND CIVIL LIB22 ERTIES OF THE NATIONAL INTELLIGENCE 

23 AUTHORITY. 

24 (a) OFFICER FOR CIVIL RIGHTS AND CIVIL LIB25 ERTIES OF NATIONAL INTELLIGENCE AUTHORITY.—

26 There is an Officer for Civil Rights and Civil Liberties 
53

•S 2845 PCS 

1 of the National Intelligence Authority who shall be ap2 pointed by the President. 

3 (b) SUPERVISION.—The Officer for Civil Rights and 

4 Civil Liberties of the National Intelligence Authority shall 

5 report directly to the National Intelligence Director. 

6 (c) DUTIES.—The Officer for Civil Rights and Civil 

7 Liberties of the National Intelligence Authority shall—

8 (1) assist the National Intelligence Director in 

9 ensuring that the protection of civil rights and civil 

10 liberties, as provided in the Constitution, laws, regu11 lations, and Executive orders of the United States, 

12 is appropriately incorporated in—

13 (A) the policies and procedures developed 

14 for and implemented by the National Intel15 ligence Authority; 

16 (B) the policies and procedures regarding 

17 the relationships among the elements of the in18 telligence community within the National Intel19 ligence Program; and 

20 (C) the policies and procedures regarding 

21 the relationships between the elements of the 

22 intelligence community within the National In23 telligence Program and the other elements of 

24 the intelligence community; 
54

•S 2845 PCS 

1 (2) oversee compliance by the Authority, and in 

2 the relationships described in paragraph (1), with 

3 requirements under the Constitution and all laws, 

4 regulations, Executive orders, and implementing 

5 guidelines relating to civil rights and civil liberties; 

6 (3) review, investigate, and assess complaints 

7 and other information indicating possible abuses of 

8 civil rights or civil liberties, as provided in the Con9 stitution, laws, regulations, and Executive orders of 

10 the United States, in the administration of the pro11 grams and operations of the Authority, and in the 

12 relationships described in paragraph (1), unless, in 

13 the determination of the Inspector General of the 

14 National Intelligence Authority, the review, inves15 tigation, or assessment of a particular complaint or 

16 information can better be conducted by the Inspec17 tor General; 

18 (4) coordinate with the Privacy Officer of the 

19 National Intelligence Authority to ensure that pro20 grams, policies, and procedures involving civil rights, 

21 civil liberties, and privacy considerations are ad22 dressed in an integrated and comprehensive manner; 

23 and 

24 (5) perform such other duties as may be pre25 scribed by the Director or specified by law. 
55

•S 2845 PCS 

1 SEC. 127. PRIVACY OFFICER OF THE NATIONAL INTEL2 LIGENCE AUTHORITY. 

3 (a) PRIVACY OFFICER OF NATIONAL INTELLIGENCE

4 AUTHORITY.—There is a Privacy Officer of the National 

5 Intelligence Authority who shall be appointed by the Na6 tional Intelligence Director. 

7 (b) DUTIES.—(1) The Privacy Officer of the National 

8 Intelligence Authority shall have primary responsibility for 

9 the privacy policy of the National Intelligence Authority 

10 (including in the relationships among the elements of the 

11 intelligence community within the National Intelligence 

12 Program and the relationships between the elements of the 

13 intelligence community within the National Intelligence 

14 Program and the other elements of the intelligence com15 munity). 

16 (2) In discharging the responsibility under paragraph 

17 (1), the Privacy Officer shall—

18 (A) assure that the use of technologies sustain, 

19 and do not erode, privacy protections relating to the 

20 use, collection, and disclosure of personal informa21 tion; 

22 (B) assure that personal information contained 

23 in Privacy Act systems of records is handled in full 

24 compliance with fair information practices as set out 

25 in the Privacy Act of 1974; 
56

•S 2845 PCS 

1 (C) conduct privacy impact assessments when 

2 appropriate or as required by law; and 

3 (D) coordinate with the Officer for Civil Rights 

4 and Civil Liberties of the National Intelligence Au5 thority to ensure that programs, policies, and proce6 dures involving civil rights, civil liberties, and pri7 vacy considerations are addressed in an integrated 

8 and comprehensive manner. 

9 SEC. 128. CHIEF INFORMATION OFFICER OF THE NATIONAL 

10 INTELLIGENCE AUTHORITY. 

11 (a) CHIEF INFORMATION OFFICER OF NATIONAL IN12 TELLIGENCE AUTHORITY.—There is a Chief Information 

13 Officer of the National Intelligence Authority who shall 

14 be appointed by the National Intelligence Director. 

15 (b) DUTIES.—The Chief Information Officer of the 

16 National Intelligence Authority shall—

17 (1) assist the National Intelligence Director in 

18 implementing the responsibilities and executing the 

19 authorities related to information technology under 

20 paragraphs (15) and (16) of section 112(a) and sec21 tion 113(h); and 

22 (2) perform such other duties as may be pre23 scribed by the Director or specified by law. 
57

•S 2845 PCS 

1 SEC. 129. CHIEF HUMAN CAPITAL OFFICER OF THE NA2 TIONAL INTELLIGENCE AUTHORITY. 

3 (a) CHIEF HUMAN CAPITAL OFFICER OF NATIONAL

4 INTELLIGENCE AUTHORITY.—There is a Chief Human 

5 Capital Officer of the National Intelligence Authority who 

6 shall be appointed by the National Intelligence Director. 

7 (b) DUTIES.—The Chief Human Capital Officer of 

8 the National Intelligence Authority shall—

9 (1) have the functions and authorities provided 

10 for Chief Human Capital Officers under sections 

11 1401 and 1402 of title 5, United States Code, with 

12 respect to the National Intelligence Authority; and 

13 (2) advise and assist the National Intelligence 

14 Director in exercising the authorities and respon15 sibilities of the Director with respect to the work16 force of the intelligence community as a whole. 

17 SEC. 130. CHIEF FINANCIAL OFFICER OF THE NATIONAL IN18 TELLIGENCE AUTHORITY. 

19 (a) CHIEF FINANCIAL OFFICER OF NATIONAL IN20 TELLIGENCE AUTHORITY.—There is a Chief Financial Of21 ficer of the National Intelligence Authority who shall be 

22 designated by the President, in consultation with the Na23 tional Intelligence Director. 

24 (b) DESIGNATION REQUIREMENTS.—The designation 

25 of an individual as Chief Financial Officer of the National 
58

•S 2845 PCS 

1 Intelligence Authority shall be subject to applicable provi2 sions of section 901(a) of title 31, United States Code. 

3 (c) AUTHORITIES AND FUNCTIONS.—The Chief Fi4 nancial Officer of the National Intelligence Authority shall 

5 have such authorities, and carry out such functions, with 

6 respect to the National Intelligence Authority as are pro7 vided for an agency Chief Financial Officer by section 902 

8 of title 31, United States Code, and other applicable provi9 sions of law. 

10 (d) COORDINATION WITH NIA COMPTROLLER.—(1) 

11 The Chief Financial Officer of the National Intelligence 

12 Authority shall coordinate with the Comptroller of the Na13 tional Intelligence Authority in exercising the authorities 

14 and performing the functions provided for the Chief Fi15 nancial Officer under this section. 

16 (2) The National Intelligence Director shall take such 

17 actions as are necessary to prevent duplication of effort 

18 by the Chief Financial Officer of the National Intelligence 

19 Authority and the Comptroller of the National Intelligence 

20 Authority. 

21 (e) INTEGRATION OF FINANCIAL SYSTEMS.—Subject 

22 to the supervision, direction, and control of the National 

23 Intelligence Director, the Chief Financial Officer of the 

24 National Intelligence Authority shall take appropriate ac25 tions to ensure the timely and effective integration of the 
59

•S 2845 PCS 

1 financial systems of the National Intelligence Authority 

2 (including any elements or components transferred to the 

3 Authority by this Act), and of the financial systems of the 

4 Authority with applicable portions of the financial systems 

5 of the other elements of the intelligence community, as 

6 soon as possible after the date of the enactment of this 

7 Act. 

8 (f) PROTECTION OF ANNUAL FINANCIAL STATE9 MENT FROM DISCLOSURE.—The annual financial state10 ment of the National Intelligence Authority required 

11 under section 3515 of title 31, United States Code—

12 (1) shall be submitted in classified form; and 

13 (2) notwithstanding any other provision of law, 

14 shall be withheld from public disclosure. 

15 SEC. 131. NATIONAL COUNTERINTELLIGENCE EXECUTIVE. 

16 (a) NATIONAL COUNTERINTELLIGENCE EXECU17 TIVE.—The National Counterintelligence Executive under 

18 section 902 of the Counterintelligence Enhancement Act 

19 of 2002 (title IX of Public Law 107–306; 50 U.S.C. 402b 

20 et seq.), as amended by section 309 of this Act, is a com21 ponent of the Office of the National Intelligence Director. 

22 (b) DUTIES.—The National Counterintelligence Ex23 ecutive shall perform the duties provided in the Counter24 intelligence Enhancement Act of 2002, as so amended, 
60

•S 2845 PCS 

1 and such other duties as may be prescribed by the Na2 tional Intelligence Director or specified by law. 

3 Subtitle D—Additional Elements of 

4 National Intelligence Authority 

5 SEC. 141. INSPECTOR GENERAL OF THE NATIONAL INTEL6 LIGENCE AUTHORITY. 

7 (a) OFFICE OF INSPECTOR GENERAL OF NATIONAL

8 INTELLIGENCE AUTHORITY.—There is within the Na9 tional Intelligence Authority an Office of the Inspector 

10 General of the National Intelligence Authority. 

11 (b) PURPOSE.—The purpose of the Office of the In12 spector General of the National Intelligence Authority is 

13 to—

14 (1) create an objective and effective office, ap15 propriately accountable to Congress, to initiate and 

16 conduct independently investigations, inspections, 

17 and audits relating to—

18 (A) the programs and operations of the 

19 National Intelligence Authority; 

20 (B) the relationships among the elements 

21 of the intelligence community within the Na22 tional Intelligence Program; and 

23 (C) the relationships between the elements 

24 of the intelligence community within the Na-
61

•S 2845 PCS 

1 tional Intelligence Program and the other ele2 ments of the intelligence community; 

3 (2) recommend policies designed—

4 (A) to promote economy, efficiency, and ef5 fectiveness in the administration of such pro6 grams and operations, and in such relation7 ships; and 

8 (B) to prevent and detect fraud and abuse 

9 in such programs, operations, and relationships; 

10 (3) provide a means for keeping the National 

11 Intelligence Director fully and currently informed 

12 about—

13 (A) problems and deficiencies relating to 

14 the administration of such programs and oper15 ations, and to such relationships; and 

16 (C) the necessity for, and the progress of, 

17 corrective actions; and 

18 (4) in the manner prescribed by this section, 

19 ensure that the congressional intelligence committees 

20 are kept similarly informed of—

21 (A) significant problems and deficiencies 

22 relating to the administration of such programs 

23 and operations, and to such relationships; and 

24 (B) the necessity for, and the progress of, 

25 corrective actions. 
62

•S 2845 PCS 

1 (c) INSPECTOR GENERAL OF NATIONAL INTEL2 LIGENCE AUTHORITY.—(1) There is an Inspector General 

3 of the National Intelligence Authority, who shall be the 

4 head of the Office of the Inspector General of the National 

5 Intelligence Authority, who shall be appointed by the 

6 President, by and with the advice and consent of the Sen7 ate. 

8 (2) The nomination of an individual for appointment 

9 as Inspector General shall be made—

10 (A) without regard to political affiliation; 

11 (B) solely on the basis of integrity, compliance 

12 with the security standards of the National Intel13 ligence Authority, and prior experience in the field 

14 of intelligence or national security; and 

15 (C) on the basis of demonstrated ability in ac16 counting, financial analysis, law, management anal17 ysis, public administration, or auditing. 

18 (3) The Inspector General shall report directly to and 

19 be under the general supervision of the National Intel20 ligence Director. 

21 (4) The Inspector General may be removed from of22 fice only by the President. The President shall imme23 diately communicate in writing to the congressional intel24 ligence committees the reasons for the removal of any indi25 vidual from the position of Inspector General. 
63

•S 2845 PCS 

1 (d) DUTIES AND RESPONSIBILITIES.—It shall be the 

2 duty and responsibility of the Inspector General of the Na3 tional Intelligence Authority—

4 (1) to provide policy direction for, and to plan, 

5 conduct, supervise, and coordinate independently, 

6 the investigations, inspections, and audits relating to 

7 the programs and operations of the National Intel8 ligence Authority, the relationships among the ele9 ments of the intelligence community within the Na10 tional Intelligence Program, and the relationships 

11 between the elements of the intelligence community 

12 within the National Intelligence Program and the 

13 other elements of the intelligence community to en14 sure they are conducted efficiently and in accordance 

15 with applicable law and regulations; 

16 (2) to keep the National Intelligence Director 

17 fully and currently informed concerning violations of 

18 law and regulations, violations of civil liberties and 

19 privacy, and fraud and other serious problems, 

20 abuses, and deficiencies that may occur in such pro21 grams and operations, and in such relationships, and 

22 to report the progress made in implementing correc23 tive action; 

24 (3) to take due regard for the protection of in25 telligence sources and methods in the preparation of 
64

•S 2845 PCS 

1 all reports issued by the Inspector General, and, to 

2 the extent consistent with the purpose and objective 

3 of such reports, take such measures as may be ap4 propriate to minimize the disclosure of intelligence 

5 sources and methods described in such reports; and 

6 (4) in the execution of the duties and respon7 sibilities under this section, to comply with generally 

8 accepted government auditing standards. 

9 (e) LIMITATIONS ON ACTIVITIES.—(1) The National 

10 Intelligence Director may prohibit the Inspector General 

11 of the National Intelligence Authority from initiating, car12 rying out, or completing any investigation, inspection, or 

13 audit if the Director determines that such prohibition is 

14 necessary to protect vital national security interests of the 

15 United States. 

16 (2) If the Director exercises the authority under 

17 paragraph (1), the Director shall submit an appropriately 

18 classified statement of the reasons for the exercise of such 

19 authority within seven days to the congressional intel20 ligence committees. 

21 (3) The Director shall advise the Inspector General 

22 at the time a report under paragraph (1) is submitted, 

23 and, to the extent consistent with the protection of intel24 ligence sources and methods, provide the Inspector Gen25 eral with a copy of such report. 
65

•S 2845 PCS 

1 (4) The Inspector General may submit to the con2 gressional intelligence committees any comments on a re3 port of which the Inspector General has notice under para4 graph (3) that the Inspector General considers appro5 priate. 

6 (f) AUTHORITIES.—(1) The Inspector General of the 

7 National Intelligence Authority shall have direct and 

8 prompt access to the National Intelligence Director when 

9 necessary for any purpose pertaining to the performance 

10 of the duties of the Inspector General. 

11 (2)(A) The Inspector General shall have access to any 

12 employee, or any employee of a contractor, of the National 

13 Intelligence Authority, and of any other element of the in14 telligence community within the National Intelligence Pro15 gram, whose testimony is needed for the performance of 

16 the duties of the Inspector General. 

17 (B) The Inspector General shall have direct access 

18 to all records, reports, audits, reviews, documents, papers, 

19 recommendations, or other material which relate to the 

20 programs and operations with respect to which the Inspec21 tor General has responsibilities under this section. 

22 (C) The level of classification or compartmentation 

23 of information shall not, in and of itself, provide a suffi24 cient rationale for denying the Inspector General access 

25 to any materials under subparagraph (B). 
66

•S 2845 PCS 

1 (D) Failure on the part of any employee or contractor 

2 of the National Intelligence Authority to cooperate with 

3 the Inspector General shall be grounds for appropriate ad4 ministrative actions by the Director, including loss of em5 ployment or the termination of an existing contractual re6 lationship. 

7 (3) The Inspector General is authorized to receive 

8 and investigate complaints or information from any person 

9 concerning the existence of an activity constituting a viola10 tion of laws, rules, or regulations, or mismanagement, 

11 gross waste of funds, abuse of authority, or a substantial 

12 and specific danger to the public health and safety. Once 

13 such complaint or information has been received from an 

14 employee of the Federal government—

15 (A) the Inspector General shall not disclose the 

16 identity of the employee without the consent of the 

17 employee, unless the Inspector General determines 

18 that such disclosure is unavoidable during the course 

19 of the investigation or the disclosure is made to an 

20 official of the Department of Justice responsible for 

21 determining whether a prosecution should be under22 taken; and 

23 (B) no action constituting a reprisal, or threat 

24 of reprisal, for making such complaint may be taken 

25 by any employee in a position to take such actions, 
67

•S 2845 PCS 

1 unless the complaint was made or the information 

2 was disclosed with the knowledge that it was false 

3 or with willful disregard for its truth or falsity. 

4 (4) The Inspector General shall have authority to ad5 minister to or take from any person an oath, affirmation, 

6 or affidavit, whenever necessary in the performance of the 

7 duties of the Inspector General, which oath, affirmation, 

8 or affidavit when administered or taken by or before an 

9 employee of the Office of the Inspector General of the Na10 tional Intelligence Authority designated by the Inspector 

11 General shall have the same force and effect as if adminis12 tered or taken by or before an officer having a seal. 

13 (5)(A) Except as provided in subparagraph (B), the 

14 Inspector General is authorized to require by subpoena the 

15 production of all information, documents, reports, an16 swers, records, accounts, papers, and other data and docu17 mentary evidence necessary in the performance of the du18 ties and responsibilities of the Inspector General. 

19 (B) In the case of departments, agencies, and other 

20 elements of the United States Government, the Inspector 

21 General shall obtain information, documents, reports, an22 swers, records, accounts, papers, and other data and evi23 dence for the purpose specified in subparagraph (A) using 

24 procedures other than by subpoenas. 
68

•S 2845 PCS 

1 (C) The Inspector General may not issue a subpoena 

2 for or on behalf of any other element or component of the 

3 Authority. 

4 (D) In the case of contumacy or refusal to obey a 

5 subpoena issued under this paragraph, the subpoena shall 

6 be enforceable by order of any appropriate district court 

7 of the United States. 

8 (g) STAFF AND OTHER SUPPORT.—(1) The Inspec9 tor General of the National Intelligence Authority shall be 

10 provided with appropriate and adequate office space at 

11 central and field office locations, together with such equip12 ment, office supplies, maintenance services, and commu13 nications facilities and services as may be necessary for 

14 the operation of such offices. 

15 (2)(A) Subject to applicable law and the policies of 

16 the National Intelligence Director, the Inspector General 

17 shall select, appoint and employ such officers and employ18 ees as may be necessary to carry out the functions of the 

19 Inspector General. 

20 (B) In making selections under subparagraph (A), 

21 the Inspector General shall ensure that such officers and 

22 employees have the requisite training and experience to 

23 enable the Inspector General to carry out the duties of 

24 the Inspector General effectively. 
69

•S 2845 PCS 

1 (C) In meeting the requirements of this paragraph, 

2 the Inspector General shall create within the Office of the 

3 Inspector General of the National Intelligence Authority 

4 a career cadre of sufficient size to provide appropriate con5 tinuity and objectivity needed for the effective perform6 ance of the duties of the Inspector General. 

7 (3)(A) Subject to the concurrence of the Director, the 

8 Inspector General may request such information or assist9 ance as may be necessary for carrying out the duties and 

10 responsibilities of the Inspector General from any depart11 ment, agency, or other element of the United States Gov12 ernment. 

13 (B) Upon request of the Inspector General for infor14 mation or assistance under subparagraph (A), the head 

15 of the department, agency, or element concerned shall, in16 sofar as is practicable and not in contravention of any ex17 isting statutory restriction or regulation of the depart18 ment, agency, or element, furnish to the Inspector Gen19 eral, or to an authorized designee, such information or as20 sistance. 

21 (h) REPORTS.—(1)(A) The Inspector General of the 

22 National Intelligence Authority shall, not later than Janu23 ary 31 and July 31 of each year, prepare and submit to 

24 the National Intelligence Director a classified semiannual 

25 report summarizing the activities of the Office of the In-
70

•S 2845 PCS 

1 spector General of the National Intelligence Authority 

2 during the immediately preceding six-month periods end3 ing December 31 (of the preceding year) and June 30, 

4 respectively. 

5 (B) Each report under this paragraph shall include, 

6 at a minimum, the following: 

7 (i) A list of the title or subject of each inves8 tigation, inspection, or audit conducted during the 

9 period covered by such report. 

10 (ii) A description of significant problems, 

11 abuses, and deficiencies relating to the administra12 tion of programs and operations of the National In13 telligence Authority identified by the Inspector Gen14 eral during the period covered by such report. 

15 (iii) A description of the recommendations for 

16 corrective action made by the Inspector General dur17 ing the period covered by such report with respect 

18 to significant problems, abuses, or deficiencies iden19 tified in clause (ii). 

20 (iv) A statement whether or not corrective ac21 tion has been completed on each significant rec22 ommendation described in previous semiannual re23 ports, and, in a case where corrective action has 

24 been completed, a description of such corrective ac25 tion. 
71

•S 2845 PCS 

1 (v) An assessment of the effectiveness of all 

2 measures in place in the Authority for the protection 

3 of civil liberties and privacy of United States per4 sons. 

5 (vi) A certification whether or not the Inspector 

6 General has had full and direct access to all infor7 mation relevant to the performance of the functions 

8 of the Inspector General. 

9 (vii) A description of the exercise of the sub10 poena authority under subsection (f)(5) by the In11 spector General during the period covered by such 

12 report. 

13 (viii) Such recommendations as the Inspector 

14 General considers appropriate for legislation to pro15 mote economy and efficiency in the administration of 

16 programs and operations undertaken by the Author17 ity, and to detect and eliminate fraud and abuse in 

18 such programs and operations. 

19 (C) Not later than the 30 days after the date of re20 ceipt of a report under subparagraph (A), the Director 

21 shall transmit the report to the congressional intelligence 

22 committees together with any comments the Director con23 siders appropriate. 

24 (2)(A) The Inspector General shall report imme25 diately to the Director whenever the Inspector General be-
72

•S 2845 PCS 

1 comes aware of particularly serious or flagrant problems, 

2 abuses, or deficiencies relating to the administration of 

3 programs or operations of the Authority, a relationship be4 tween the elements of the intelligence community within 

5 the National Intelligence Program, or a relationship be6 tween an element of the intelligence community within the 

7 National Intelligence Program and another element of the 

8 intelligence community. 

9 (B) The Director shall transmit to the congressional 

10 intelligence committees each report under subparagraph 

11 (A) within seven calendar days of receipt of such report, 

12 together with such comments as the Director considers ap13 propriate. 

14 (3) In the event that—

15 (A) the Inspector General is unable to resolve 

16 any differences with the Director affecting the exe17 cution of the duties or responsibilities of the Inspec18 tor General; 

19 (B) an investigation, inspection, or audit car20 ried out by the Inspector General should focus on 

21 any current or former Authority official who holds 

22 or held a position in the Authority that is subject to 

23 appointment by the President, by and with the ad24 vice and consent of the Senate, including such a po25 sition held on an acting basis; 
73

•S 2845 PCS 

1 (C) a matter requires a report by the Inspector 

2 General to the Department of Justice on possible 

3 criminal conduct by a current or former official de4 scribed in subparagraph (B); 

5 (D) the Inspector General receives notice from 

6 the Department of Justice declining or approving 

7 prosecution of possible criminal conduct of any cur8 rent or former official described in subparagraph 

9 (B); or 

10 (E) the Inspector General, after exhausting all 

11 possible alternatives, is unable to obtain significant 

12 documentary information in the course of an inves13 tigation, inspection, or audit, 

14 the Inspector General shall immediately notify and submit 

15 a report on such matter to the congressional intelligence 

16 committees. 

17 (4) Pursuant to title V of the National Security Act 

18 of 1947 (50 U.S.C. 413 et seq.), the Director shall submit 

19 to the congressional intelligence committees any report or 

20 findings and recommendations of an investigation, inspec21 tion, or audit conducted by the office which has been re22 quested by the Chairman or Ranking Minority Member 

23 of either committee. 

24 (5)(A) An employee of the Authority, an employee of 

25 an entity other than the Authority who is assigned or de-
74

•S 2845 PCS 

1 tailed to the Authority, or an employee of a contractor 

2 to the Authority who intends to report to Congress a com3 plaint or information with respect to an urgent concern 

4 may report such complaint or information to the Inspector 

5 General. 

6 (B) Not later than the end of the 14-calendar day 

7 period beginning on the date of receipt from an employee 

8 of a complaint or information under subparagraph (A), 

9 the Inspector General shall determine whether the com10 plaint or information appears credible. Upon making such 

11 a determination, the Inspector General shall transmit to 

12 the Director a notice of that determination, together with 

13 the complaint or information. 

14 (C) Upon receipt of a transmittal from the Inspector 

15 General under subparagraph (B), the Director shall, with16 in seven calendar days of such receipt, forward such trans17 mittal to the congressional intelligence committees, to18 gether with any comments the Director considers appro19 priate. 

20 (D)(i) If the Inspector General does not find credible 

21 under subparagraph (B) a complaint or information sub22 mitted under subparagraph (A), or does not transmit the 

23 complaint or information to the Director in accurate form 

24 under subparagraph (B), the employee (subject to clause 

25 (ii)) may submit the complaint or information to Congress 
75

•S 2845 PCS 

1 by contacting either or both of the congressional intel2 ligence committees directly. 

3 (ii) An employee may contact the intelligence commit4 tees directly as described in clause (i) only if the em5 ployee—

6 (I) before making such a contact, furnishes to 

7 the Director, through the Inspector General, a state8 ment of the employee’s complaint or information and 

9 notice of the employee’s intent to contact the con10 gressional intelligence committees directly; and 

11 (II) obtains and follows from the Director, 

12 through the Inspector General, direction on how to 

13 contact the intelligence committees in accordance 

14 with appropriate security practices. 

15 (iii) A member or employee of one of the congres16 sional intelligence committees who receives a complaint or 

17 information under clause (i) does so in that member or 

18 employee’s official capacity as a member or employee of 

19 such committee. 

20 (E) The Inspector General shall notify an employee 

21 who reports a complaint or information to the Inspector 

22 General under this paragraph of each action taken under 

23 this paragraph with respect to the complaint or informa24 tion. Such notice shall be provided not later than three 

25 days after any such action is taken. 
76

•S 2845 PCS 

1 (F) An action taken by the Director or the Inspector 

2 General under this paragraph shall not be subject to judi3 cial review. 

4 (G) In this paragraph, the term ‘‘urgent concern’’ 

5 means any of the following: 

6 (i) A serious or flagrant problem, abuse, viola7 tion of law or Executive order, or deficiency relating 

8 to the funding, administration, or operations of an 

9 intelligence activity involving classified information, 

10 but does not include differences of opinions con11 cerning public policy matters. 

12 (ii) A false statement to Congress, or a willful 

13 withholding from Congress, on an issue of material 

14 fact relating to the funding, administration, or oper15 ation of an intelligence activity. 

16 (iii) An action, including a personnel action de17 scribed in section 2302(a)(2)(A) of title 5, United 

18 States Code, constituting reprisal or threat of re19 prisal prohibited under subsection (f)(3)(B) of this 

20 section in response to an employee’s reporting an ur21 gent concern in accordance with this paragraph. 

22 (H) In support of this paragraph, Congress makes 

23 the findings set forth in paragraphs (1) through (6) of 

24 section 701(b) of the Intelligence Community Whistle-
77

•S 2845 PCS 

1 blower Protection Act of 1998 (title VII of Public Law 

2 105–272; 5 U.S.C. App. 8H note). 

3 (6) In accordance with section 535 of title 28, United 

4 States Code, the Inspector General shall report to the At5 torney General any information, allegation, or complaint 

6 received by the Inspector General relating to violations of 

7 Federal criminal law that involve a program or operation 

8 of the Authority, consistent with such guidelines as may 

9 be issued by the Attorney General pursuant to subsection 

10 (b)(2) of such section. A copy of each such report shall 

11 be furnished to the Director. 

12 (i) SEPARATE BUDGET ACCOUNT.—The National In13 telligence Director shall, in accordance with procedures to 

14 be issued by the Director in consultation with the congres15 sional intelligence committees, include in the National In16 telligence Program budget a separate account for the Of17 fice of Inspector General of the National Intelligence Au18 thority. 

19 SEC. 142. OMBUDSMAN OF THE NATIONAL INTELLIGENCE 

20 AUTHORITY. 

21 (a) OMBUDSMAN OF NATIONAL INTELLIGENCE AU22 THORITY.—There is within the National Intelligence Au23 thority an Ombudsman of the National Intelligence Au24 thority who shall be appointed by the National Intelligence 

25 Director. 
78

•S 2845 PCS 

1 (b) DUTIES.—The Ombudsman of the National Intel2 ligence Authority shall—

3 (1) counsel, arbitrate, or offer recommendations 

4 on, and have the authority to initiate inquiries into, 

5 real or perceived problems of politicization, biased 

6 reporting, or lack of objective analysis within the 

7 National Intelligence Authority, or any element of 

8 the intelligence community within the National Intel9 ligence Program, or regarding any analysis of na10 tional intelligence by any element of the intelligence 

11 community; 

12 (2) monitor the effectiveness of measures taken 

13 to deal with real or perceived politicization, biased 

14 reporting, or lack of objective analysis within the 

15 Authority, or any element of the intelligence commu16 nity within the National Intelligence Program, or re17 garding any analysis of national intelligence by any 

18 element of the intelligence community; and 

19 (3) conduct reviews of the analytic product or 

20 products of the Authority, or any element of the in21 telligence community within the National Intel22 ligence Program, or of any analysis of national intel23 ligence by any element of the intelligence commu24 nity, with such reviews to be conducted so as to en25 sure that analysis is timely, objective, independent of 
79

•S 2845 PCS 

1 political considerations, and based upon all sources 

2 available to the intelligence community. 

3 (c) ANALYTIC REVIEW UNIT.—(1) There is within 

4 the Office of the Ombudsman of the National Intelligence 

5 Authority an Analytic Review Unit. 

6 (2) The Analytic Review Unit shall assist the Om7 budsman of the National Intelligence Authority in per8 forming the duties and responsibilities of the Ombudsman 

9 set forth in subsection (b)(3). 

10 (3) The Ombudsman shall provide the Analytic Re11 view Unit a staff who possess expertise in intelligence 

12 analysis that is appropriate for the function of the Unit. 

13 (4) In assisting the Ombudsman, the Analytic Review 

14 Unit shall, subject to the direction and control of the Om15 budsman, conduct detailed evaluations of intelligence anal16 ysis by the following: 

17 (A) The National Intelligence Council. 

18 (B) The elements of the intelligence community 

19 within the National Intelligence Program. 

20 (C) To the extent involving the analysis of na21 tional intelligence, other elements of the intelligence 

22 community. 

23 (D) The divisions, offices, programs, officers, 

24 and employees of the elements specified in subpara25 graphs (B) and (C). 
80

•S 2845 PCS 

1 (5) The results of the evaluations under paragraph 

2 (4) shall be provided to the congressional intelligence com3 mittees and, upon request, to appropriate heads of other 

4 departments, agencies, and elements of the executive 

5 branch. 

6 (d) ACCESS TO INFORMATION.—In order to carry out 

7 the duties specified in subsection (c), the Ombudsman of 

8 the National Intelligence Authority shall, unless otherwise 

9 directed by the President, have access to all analytic prod10 ucts, field reports, and raw intelligence of any element of 

11 the intelligence community, and to any reports or other 

12 material of an Inspector General, that might be pertinent 

13 to a matter under consideration by the Ombudsman. 

14 (e) ANNUAL REPORTS.—The Ombudsman of the Na15 tional Intelligence Authority shall submit to the National 

16 Intelligence Director and the congressional intelligence 

17 committees on an annual basis a report that includes—

18 (1) the assessment of the Ombudsman of the 

19 current level of politicization, biased reporting, or 

20 lack of objective analysis within the National Intel21 ligence Authority, or any element of the intelligence 

22 community within the National Intelligence Pro23 gram, or regarding any analysis of national intel24 ligence by any element of the intelligence commu25 nity; 
81

•S 2845 PCS 

1 (2) such recommendations for remedial meas2 ures as the Ombudsman considers appropriate; and 

3 (3) an assessment of the effectiveness of reme4 dial measures previously taken within the intel5 ligence community on matters addressed by the Om6 budsman. 

7 (f) REFERRAL OF CERTAIN MATTERS FOR INVES8 TIGATION.—In addition to carrying out activities under 

9 this section, the Ombudsman of the National Intelligence 

10 Authority may refer serious cases of misconduct related 

11 to politicization of intelligence information, biased report12 ing, or lack of objective analysis within the intelligence 

13 community to the Inspector General of the National Intel14 ligence Authority for investigation. 

15 SEC. 143. NATIONAL COUNTERTERRORISM CENTER. 

16 (a) NATIONAL COUNTERTERRORISM CENTER.—

17 There is within the National Intelligence Authority a Na18 tional Counterterrorism Center. 

19 (b) DIRECTOR OF NATIONAL COUNTERTERRORISM

20 CENTER.—(1) There is a Director of the National 

21 Counterterrorism Center, who shall be the head of the Na22 tional Counterterrorism Center, and who shall be ap23 pointed by the President, by and with the advice and con24 sent of the Senate. 
82

•S 2845 PCS 

1 (2) Any individual nominated for appointment as the 

2 Director of the National Counterterrorism Center shall 

3 have significant expertise in matters relating to the na4 tional security of the United States and matters relating 

5 to terrorism that threatens the national security of the 

6 United States. 

7 (3) The individual serving as the Director of the Na8 tional Counterterrorism Center may not, while so serving, 

9 serve in any capacity in any other element of the intel10 ligence community, except to the extent that the individual 

11 serving as Director of the National Counterterrorism Cen12 ter is doing so in an acting capacity. 

13 (c) SUPERVISION.—(1) The Director of the National 

14 Counterterrorism Center shall report to the National In15 telligence Director on—

16 (A) the budget and programs of the National 

17 Counterterrorism Center; and 

18 (B) the activities of the Directorate of Intel19 ligence of the National Counterterrorism Center 

20 under subsection (g). 

21 (2) The Director of the National Counterterrorism 

22 Center shall report to the President and the National In23 telligence Director on the planning and progress of joint 

24 counterterrorism operations. 
83

•S 2845 PCS 

1 (d) PRIMARY MISSIONS.—The primary missions of 

2 the National Counterterrorism Center shall be as follows: 

3 (1) To develop and unify strategy for the civil4 ian and military counterterrorism efforts of the 

5 United States Government. 

6 (2) To integrate counterterrorism intelligence 

7 activities of the United States Government, both in8 side and outside the United States. 

9 (3) To develop interagency counterterrorism 

10 plans, which plans shall—

11 (A) involve more than one department, 

12 agency, or element of the executive branch (un13 less otherwise directed by the President); and 

14 (B) include the mission, objectives to be 

15 achieved, courses of action, parameters for such 

16 courses of action, coordination of agency oper17 ational activities, recommendations for oper18 ational plans, and assignment of departmental 

19 or agency responsibilities. 

20 (4) To ensure that the collection of 

21 counterterrorism intelligence, and the conduct of 

22 counterterrorism operations, by the United States 

23 Government are informed by the analysis of all24 source intelligence. 
84

•S 2845 PCS 

1 (e) DUTIES AND RESPONSIBILITIES OF DIRECTOR OF

2 NATIONAL COUNTERTERRORISM CENTER.—Notwith3 standing any other provision of law, at the direction of 

4 the President, the National Security Council, and the Na5 tional Intelligence Director, the Director of the National 

6 Counterterrorism Center shall—

7 (1) serve as the principal adviser to the Presi8 dent and the National Intelligence Director on joint 

9 operations relating to counterterrorism; 

10 (2) provide unified strategic direction for the ci11 vilian and military counterterrorism efforts of the 

12 United States Government and for the effective inte13 gration and deconfliction of counterterrorism intel14 ligence and operations across agency boundaries, 

15 both inside and outside the United States; 

16 (3) advise the President and the National Intel17 ligence Director on the extent to which the 

18 counterterrorism program recommendations and 

19 budget proposals of the departments, agencies, and 

20 elements of the United States Government conform 

21 to the priorities established by the President and the 

22 National Security Council; 

23 (4) in accordance with subsection (f), concur in, 

24 or advise the President on, the selections of per25 sonnel to head the operating entities of the United 
85

•S 2845 PCS 

1 States Government with principal missions relating 

2 to counterterrorism; and 

3 (5) perform such other duties as the National 

4 Intelligence Director may prescribe or are prescribed 

5 by law. 

6 (f) ROLE OF DIRECTOR OF NATIONAL

7 COUNTERTERRORISM CENTER IN CERTAIN APPOINT8 MENTS.—(1) In the event of a vacancy in a position re9 ferred to in paragraph (2), the head of the department 

10 or agency having jurisdiction over the position shall obtain 

11 the concurrence of the Director of the National 

12 Counterterrorism Center before appointing an individual 

13 to fill the vacancy or recommending to the President an 

14 individual for nomination to fill the vacancy. If the Direc15 tor does not concur in the recommendation, the head of 

16 the department or agency concerned may fill the vacancy 

17 or make the recommendation to the President (as the case 

18 may be) without the concurrence of the Director, but shall 

19 notify the President that the Director does not concur in 

20 the appointment or recommendation (as the case may be). 

21 (2) Paragraph (1) applies to the following positions: 

22 (A) The Director of the Central Intelligence 

23 Agency’s Counterterrorist Center. 
86

•S 2845 PCS 

1 (B) The Assistant Director of the Federal Bu2 reau of Investigation in charge of the 

3 Counterterrorism Division. 

4 (C) The Coordinator for Counterterrorism of 

5 the Department of State. 

6 (D) The head of such other operating entities 

7 of the United States Government having principal 

8 missions relating to counterterrorism as the Presi9 dent may designate for purposes of this subsection. 

10 (3) The President shall notify Congress of the des11 ignation of an operating entity of the United States Gov12 ernment under paragraph (2)(D) not later than 30 days 

13 after the date of such designation. 

14 (g) DIRECTORATE OF INTELLIGENCE.—(1) The Di15 rector of the National Counterterrorism Center shall es16 tablish and maintain within the National 

17 Counterterrorism Center a Directorate of Intelligence. 

18 (2) The Directorate shall utilize the capabilities of the 

19 Terrorist Threat Integration Center (TTIC) transferred 

20 to the Directorate by section 323 and such other capabili21 ties as the Director of the National Counterterrorism Cen22 ter considers appropriate. 

23 (3) The Directorate shall have primary responsibility 

24 within the United States Government for analysis of ter25 rorism and terrorist organizations from all sources of in-
87

•S 2845 PCS 

1 telligence, whether collected inside or outside the United 

2 States. 

3 (4) The Directorate shall—

4 (A) be the principal repository within the 

5 United States Government for all-source information 

6 on suspected terrorists, their organizations, and 

7 their capabilities; 

8 (B) propose intelligence collection requirements 

9 for action by elements of the intelligence community 

10 inside and outside the United States; 

11 (C) have primary responsibility within the 

12 United States Government for net assessments and 

13 warnings about terrorist threats, which assessments 

14 and warnings shall be based on a comparison of ter15 rorist intentions and capabilities with assessed na16 tional vulnerabilities and countermeasures; and 

17 (D) perform such other duties and functions as 

18 the Director of the National Counterterrorism Cen19 ter may prescribe. 

20 (h) DIRECTORATE OF PLANNING.—(1) The Director 

21 of the National Counterterrorism Center shall establish 

22 and maintain within the National Counterterrorism Cen23 ter a Directorate of Planning. 
88

•S 2845 PCS 

1 (2) The Directorate shall have primary responsibility 

2 for developing interagency counterterrorism plans, as de3 scribed in subsection (d)(3). 

4 (3) The Directorate shall—

5 (A) provide guidance, and develop strategy and 

6 interagency plans, to counter terrorist activities 

7 based on policy objectives and priorities established 

8 by the National Security Council; 

9 (B) develop interagency plans under subpara10 graph (A) utilizing input from personnel in other de11 partments, agencies, and elements of the United 

12 States Government who have expertise in the prior13 ities, functions, assets, programs, capabilities, and 

14 operations of such departments, agencies, and ele15 ments with respect to counterterrorism; 

16 (C) assign responsibilities for counterterrorism 

17 operations to the departments and agencies of the 

18 United States Government (including the Depart19 ment of Defense, the Central Intelligence Agency, 

20 the Federal Bureau of Investigation, the Depart21 ment of Homeland Security, and other departments 

22 and agencies of the United States Government), con23 sistent with the authorities of such departments and 

24 agencies; 
89

•S 2845 PCS 

1 (D) monitor the implementation of operations 

2 assigned under subparagraph (C) and update inter3 agency plans for such operations as necessary; 

4 (E) report to the President and the National 

5 Intelligence Director on the compliance of the de6 partments, agencies, and elements of the United 

7 States with the plans developed under subparagraph 

8 (A); and 

9 (F) perform such other duties and functions as 

10 the Director of the National Counterterrorism Cen11 ter may prescribe. 

12 (4) The Directorate may not direct the execution of 

13 operations assigned under paragraph (3). 

14 (i) STAFF.—(1) The National Intelligence Director 

15 may appoint deputy directors of the National 

16 Counterterrorism Center to oversee such portions of the 

17 operations of the Center as the National Intelligence Di18 rector considers appropriate. 

19 (2) To assist the Director of the National 

20 Counterterrorism Center in fulfilling the duties and re21 sponsibilities of the Director of the National 

22 Counterterrorism Center under this section, the National 

23 Intelligence Director shall employ in the National 

24 Counterterrorism Center a professional staff having an ex-
90

•S 2845 PCS 

1 pertise in matters relating to such duties and responsibil2 ities. 

3 (3) In providing for a professional staff for the Na4 tional Counterterrorism Center under paragraph (2), the 

5 National Intelligence Director may establish as positions 

6 in the excepted service such positions in the Center as the 

7 National Intelligence Director considers appropriate. 

8 (4) The National Intelligence Director shall ensure 

9 that the analytical staff of the National Counterterrorism 

10 Center is comprised primarily of experts from elements in 

11 the intelligence community and from such other personnel 

12 in the United States Government as the National Intel13 ligence Director considers appropriate. 

14 (5)(A) In order to meet the requirements in para15 graph (4), the National Intelligence Director shall, from 

16 time to time—

17 (i) specify the transfers, assignments, and de18 tails of personnel funded within the National Intel19 ligence Program to the National Counterterrorism 

20 Center from any other element of the intelligence 

21 community that the National Intelligence Director 

22 considers appropriate; and 

23 (ii) in the case of personnel from a department, 

24 agency, or element of the United States Government 

25 and not funded within the National Intelligence Pro-
91

•S 2845 PCS 

1 gram, request the transfer, assignment, or detail of 

2 such personnel from the department, agency, or 

3 other element concerned. 

4 (B)(i) The head of an element of the intelligence com5 munity shall promptly effect any transfer, assignment, or 

6 detail of personnel specified by the National Intelligence 

7 Director under subparagraph (A)(i). 

8 (ii) The head of a department, agency, or element of 

9 the United States Government receiving a request for 

10 transfer, assignment, or detail of personnel under sub11 paragraph (A)(ii) shall, to the extent practicable, approve 

12 the request. 

13 (6) Personnel employed in or assigned or detailed to 

14 the National Counterterrorism Center under this sub15 section shall be under the authority, direction, and control 

16 of the Director of the National Counterterrorism Center 

17 on all matters for which the Center has been assigned re18 sponsibility and for all matters related to the accomplish19 ment of the missions of the Center. 

20 (7) Performance evaluations of personnel assigned or 

21 detailed to the National Counterterrorism Center under 

22 this subsection shall be undertaken by the supervisors of 

23 such personnel at the Center. 

24 (8) The supervisors of the staff of the National 

25 Counterterrorism Center may, with the approval of the 
92

•S 2845 PCS 

1 National Intelligence Director, reward the staff of the 

2 Center for meritorious performance by the provision of 

3 such performance awards as the National Intelligence Di4 rector shall prescribe. 

5 (9) The National Intelligence Director may delegate 

6 to the Director of the National Counterterrorism Center 

7 any responsibility, power, or authority of the National In8 telligence Director under paragraphs (1) through (8). 

9 (10) The National Intelligence Director shall ensure 

10 that the staff of the National Counterterrorism Center has 

11 access to all databases maintained by the elements of the 

12 intelligence community that are relevant to the duties of 

13 the Center. 

14 (j) SUPPORT AND COOPERATION OF OTHER AGEN15 CIES.—(1) The elements of the intelligence community 

16 and the other departments, agencies, and elements of the 

17 United States Government shall support, assist, and co18 operate with the National Counterterrorism Center in car19 rying out its missions under this section. 

20 (2) The support, assistance, and cooperation of a de21 partment, agency, or element of the United States Govern22 ment under this subsection shall include, but not be lim23 ited to—

24 (A) the implementation of interagency plans for 

25 operations, whether foreign or domestic, that are de-
93

•S 2845 PCS 

1 veloped by the National Counterterrorism Center in 

2 a manner consistent with the laws and regulations of 

3 the United States and consistent with the limitation 

4 in subsection (h)(4); 

5 (B) cooperative work with the Director of the 

6 National Counterterrorism Center to ensure that on7 going operations of such department, agency, or ele8 ment do not conflict with joint operations planned 

9 by the Center; 

10 (C) reports, upon request, to the Director of the 

11 National Counterterrorism Center on the progress of 

12 such department, agency, or element in imple13 menting responsibilities assigned to such depart14 ment, agency, or element through joint operations 

15 plans; and 

16 (D) the provision to the analysts of the Na17 tional Counterterrorism Center electronic access in 

18 real time to information and intelligence collected by 

19 such department, agency, or element that is relevant 

20 to the missions of the Center. 

21 (3) In the event of a disagreement between the Na22 tional Intelligence Director and the head of a department, 

23 agency, or element of the United States Government on 

24 a plan developed or responsibility assigned by the National 

25 Counterterrorism Center under this subsection, the Na-
94

•S 2845 PCS 

1 tional Intelligence Director may either accede to the head 

2 of the department, agency, or element concerned or notify 

3 the President of the necessity of resolving the disagree4 ment. 

5 SEC. 144. NATIONAL INTELLIGENCE CENTERS. 

6 (a) NATIONAL INTELLIGENCE CENTERS.—(1) The 

7 National Intelligence Director may establish within the 

8 National Intelligence Authority one or more centers (to 

9 be known as ‘‘national intelligence centers’’) to address 

10 intelligence priorities established by the National Security 

11 Council. 

12 (2) Each national intelligence center established 

13 under this section shall be assigned an area of intelligence 

14 responsibility. 

15 (3) National intelligence centers shall be established 

16 at the direction of the President, as prescribed by law, 

17 or upon the initiative of the National Intelligence Director. 

18 (b) ESTABLISHMENT OF CENTERS.—(1) In estab19 lishing a national intelligence center, the National Intel20 ligence Director shall assign lead responsibility for admin21 istrative support for such center to an element of the intel22 ligence community selected by the Director for that pur23 pose. 

24 (2) The Director shall determine the structure and 

25 size of each national intelligence center. 
95

•S 2845 PCS 

1 (3) The Director shall notify Congress of the estab2 lishment of each national intelligence center before the 

3 date of the establishment of such center. 

4 (c) DIRECTORS OF CENTERS.—(1) Each national in5 telligence center shall have as its head a Director who 

6 shall be appointed by the National Intelligence Director 

7 for that purpose. 

8 (2) The Director of a national intelligence center 

9 shall serve as the principal adviser to the National Intel10 ligence Director on intelligence matters with respect to the 

11 area of intelligence responsibility assigned to the center. 

12 (3) In carrying out duties under paragraph (2), the 

13 Director of a national intelligence center shall—

14 (A) manage the operations of the center; 

15 (B) coordinate the provision of administration 

16 and support by the element of the intelligence com17 munity with lead responsibility for the center under 

18 subsection (b)(1); 

19 (C) submit budget and personnel requests for 

20 the center to the National Intelligence Director; 

21 (D) seek such assistance from other depart22 ments, agencies, and elements of the United States 

23 Government as is needed to fulfill the mission of the 

24 center; and 
96

•S 2845 PCS 

1 (E) advise the National Intelligence Director of 

2 the information technology, personnel, and other re3 quirements of the center for the performance of its 

4 mission. 

5 (4) The National Intelligence Director shall ensure 

6 that the Director of a national intelligence center has suf7 ficient authority, direction, and control to effectively ac8 complish the mission of the center. 

9 (d) MISSION OF CENTERS.—Pursuant to the direc10 tion of the National Intelligence Director, each national 

11 intelligence center shall, in the area of intelligence respon12 sibility assigned to the center by the Director pursuant 

13 to intelligence priorities established by the National Secu14 rity Council—

15 (1) have primary responsibility for providing 

16 all-source analysis of intelligence based upon foreign 

17 intelligence gathered both abroad and domestically; 

18 (2) have primary responsibility for identifying 

19 and proposing to the National Intelligence Director 

20 intelligence collection and analysis requirements; 

21 (3) have primary responsibility for net assess22 ments and warnings; 

23 (4) ensure that appropriate officials of the 

24 United States Government and other appropriate of-
97

•S 2845 PCS 

1 ficials have access to a variety of intelligence assess2 ments and analytical views; and 

3 (5) perform such other duties as the National 

4 Intelligence Director shall specify. 

5 (e) INFORMATION SHARING.—(1) The National Intel6 ligence Director shall ensure that the Directors of the na7 tional intelligence centers and the other elements of the 

8 intelligence community undertake appropriate sharing of 

9 intelligence analysis and plans for operations in order to 

10 facilitate the activities of the centers. 

11 (2) In order to facilitate information sharing under 

12 paragraph (1), the Directors of the national intelligence 

13 centers shall—

14 (A) report directly to the National Intelligence 

15 Director regarding their activities under this section; 

16 and 

17 (B) coordinate with the Principal Deputy Na18 tional Intelligence Director regarding such activities. 

19 (f) STAFF.—(1) In providing for a professional staff 

20 for a national intelligence center, the National Intelligence 

21 Director may establish as positions in the excepted service 

22 such positions in the center as the National Intelligence 

23 Director considers appropriate. 

24 (2)(A) The National Intelligence Director shall, from 

25 time to time— 
98

•S 2845 PCS 

1 (i) specify the transfers, assignments, and de2 tails of personnel funded within the National Intel3 ligence Program to a national intelligence center 

4 from any other element of the intelligence commu5 nity that the National Intelligence Director considers 

6 appropriate; and 

7 (ii) in the case of personnel from a department, 

8 agency, or element of the United States Government 

9 not funded within the National Intelligence Pro10 gram, request the transfer, assignment, or detail of 

11 such personnel from the department, agency, or 

12 other element concerned. 

13 (B)(i) The head of an element of the intelligence com14 munity shall promptly effect any transfer, assignment, or 

15 detail of personnel specified by the National Intelligence 

16 Director under subparagraph (A)(i). 

17 (ii) The head of a department, agency, or element of 

18 the United States Government receiving a request for 

19 transfer, assignment, or detail of personnel under sub20 paragraph (A)(ii) shall, to the extent practicable, approve 

21 the request. 

22 (3) Personnel employed in or assigned or detailed to 

23 a national intelligence center under this subsection shall 

24 be under the authority, direction, and control of the Direc25 tor of the center on all matters for which the center has 
99

•S 2845 PCS 

1 been assigned responsibility and for all matters related to 

2 the accomplishment of the mission of the center. 

3 (4) Performance evaluations of personnel assigned or 

4 detailed to a national intelligence center under this sub5 section shall be undertaken by the supervisors of such per6 sonnel at the center. 

7 (5) The supervisors of the staff of a national center 

8 may, with the approval of the National Intelligence Direc9 tor, reward the staff of the center for meritorious perform10 ance by the provision of such performance awards as the 

11 National Intelligence Director shall prescribe. 

12 (6) The National Intelligence Director may delegate 

13 to the Director of a national intelligence center any re14 sponsibility, power, or authority of the National Intel15 ligence Director under paragraphs (1) through (6). 

16 (7) The Director of a national intelligence center may 

17 recommend to the National Intelligence Director the reas18 signment to the home element concerned of any personnel 

19 previously assigned or detailed to the center from another 

20 element of the intelligence community. 

21 (g) TERMINATION.—(1) The National Intelligence 

22 Director may terminate a national intelligence center if 

23 the National Intelligence Director determines that the cen24 ter is no longer required to meet an intelligence priority 

25 established by the National Security Council. 
100

•S 2845 PCS 

1 (2) The National Intelligence Director shall notify 

2 Congress of any determination made under paragraph (1) 

3 before carrying out such determination. 

4 Subtitle E—Education and Train5 ing of Intelligence Community 

6 Personnel 

7 SEC. 151. FRAMEWORK FOR CROSS-DISCIPLINARY EDU8 CATION AND TRAINING. 

9 The National Intelligence Director shall establish an 

10 integrated framework that brings together the educational 

11 components of the intelligence community in order to pro12 mote a more effective and productive intelligence commu13 nity through cross-disciplinary education and joint train14 ing. 

15 SEC. 152. INTELLIGENCE COMMUNITY SCHOLARSHIP PRO16 GRAM. 

17 (a) DEFINITIONS.—In this section: 

18 (1) AGENCY.—The term ‘‘agency’’ means each 

19 element of the intelligence community as determined 

20 by the National Intelligence Director. 

21 (2) INSTITUTION OF HIGHER EDUCATION.—The 

22 term ‘‘institution of higher education’’ has the 

23 meaning given that term under section 101 of the 

24 Higher Education Act of 1965 (20 U.S.C. 1001). 
101

•S 2845 PCS 

1 (3) PROGRAM.—The term ‘‘Program’’ means 

2 the Intelligence Community Scholarship Program es3 tablished under subsection (b). 

4 (b) ESTABLISHMENT.—

5 (1) IN GENERAL.—The National Intelligence 

6 Director, in consultation with the head of each agen7 cy, shall establish a scholarship program (to be 

8 known as the ‘‘Intelligence Community Scholarship 

9 Program’’) to award scholarships to individuals that 

10 is designed to recruit and prepare students for civil11 ian careers in the intelligence community to meet 

12 the critical needs of the intelligence community 

13 agencies. 

14 (2) SELECTION OF RECIPIENTS.—

15 (A) MERIT AND AGENCY NEEDS.—Individ16 uals shall be selected to receive scholarships 

17 under this section through a competitive proc18 ess primarily on the basis of academic merit 

19 and the needs of the agency. 

20 (B) DEMONSTRATED COMMITMENT.—Indi21 viduals selected under this section shall have a 

22 demonstrated commitment to the field of study 

23 for which the scholarship is awarded. 

24 (3) CONTRACTUAL AGREEMENTS.—To carry 

25 out the Program the head of each agency shall enter 
102

•S 2845 PCS 

1 into contractual agreements with individuals selected 

2 under paragraph (2) under which the individuals 

3 agree to serve as full-time employees of the agency, 

4 for the period described in subsection (h)(1), in posi5 tions needed by the agency and for which the indi6 viduals are qualified, in exchange for receiving a 

7 scholarship. 

8 (c) ELIGIBILITY.—In order to be eligible to partici9 pate in the Program, an individual shall—

10 (1) be enrolled or accepted for enrollment as a 

11 full-time student at an institution of higher edu12 cation and be pursuing or intend to pursue under13 graduate or graduate education in an academic field 

14 or discipline described in the list made available 

15 under subsection (e); 

16 (2) be a United States citizen; and 

17 (3) at the time of the initial scholarship award, 

18 not be an employee (as defined under section 2105 

19 of title 5, United States Code). 

20 (d) APPLICATION.— An individual seeking a scholar21 ship under this section shall submit an application to the 

22 National Intelligence Director at such time, in such man23 ner, and containing such information, agreements, or as24 surances as the Director may require. 
103

•S 2845 PCS 

1 (e) PROGRAMS AND FIELDS OF STUDY.—The Na2 tional Intelligence Director shall—

3 (1) make publicly available a list of academic 

4 programs and fields of study for which scholarships 

5 under the Program may be used; and 

6 (2) update the list as necessary. 

7 (f) SCHOLARSHIPS.—

8 (1) IN GENERAL.—The National Intelligence 

9 Director may provide a scholarship under the Pro10 gram for an academic year if the individual applying 

11 for the scholarship has submitted to the Director, as 

12 part of the application required under subsection 

13 (d), a proposed academic program leading to a de14 gree in a program or field of study on the list made 

15 available under subsection (e). 

16 (2) LIMITATION ON YEARS.—An individual may 

17 not receive a scholarship under this section for more 

18 than 4 academic years, unless the National Intel19 ligence Director grants a waiver. 

20 (3) STUDENT RESPONSIBILITIES.—Scholarship 

21 recipients shall maintain satisfactory academic 

22 progress. 

23 (4) AMOUNT.—The dollar amount of a scholar24 ship under this section for an academic year shall be 

25 determined under regulations issued by the National 
104

•S 2845 PCS 

1 Intelligence Director, but shall in no case exceed the 

2 cost of tuition, fees, and other authorized expenses 

3 as established by the Director. 

4 (5) USE OF SCHOLARSHIPS.—A scholarship 

5 provided under this section may be expended for tui6 tion, fees, and other authorized expenses as estab7 lished by the National Intelligence Director by regu8 lation. 

9 (6) PAYMENT TO INSTITUTION OF HIGHER

10 EDUCATION.—The National Intelligence Director 

11 may enter into a contractual agreement with an in12 stitution of higher education under which the 

13 amounts provided for a scholarship under this sec14 tion for tuition, fees, and other authorized expenses 

15 are paid directly to the institution with respect to 

16 which the scholarship is provided. 

17 (g) SPECIAL CONSIDERATION FOR CURRENT EM18 PLOYEES.—

19 (1) SET ASIDE OF SCHOLARSHIPS.—Notwith20 standing paragraphs (1) and (3) of subsection (c), 

21 10 percent of the scholarships awarded under this 

22 section shall be set aside for individuals who are em23 ployees of agencies on the date of enactment of this 

24 section to enhance the education of such employees 

25 in areas of critical needs of agencies. 
105

•S 2845 PCS 

1 (2) FULL- OR PART-TIME EDUCATION.—Em2 ployees who are awarded scholarships under para3 graph (1) shall be permitted to pursue under4 graduate or graduate education under the scholar5 ship on a full-time or part-time basis. 

6 (h) EMPLOYEE SERVICE.—

7 (1) PERIOD OF SERVICE.—Except as provided 

8 in subsection (j)(2), the period of service for which 

9 an individual shall be obligated to serve as an em10 ployee of the agency is 24 months for each academic 

11 year for which a scholarship under this section is 

12 provided. Under no circumstances shall the total pe13 riod of obligated service be more than 8 years. 

14 (2) BEGINNING OF SERVICE.—

15 (A) IN GENERAL.—Except as provided in 

16 subparagraph (B), obligated service under para17 graph (1) shall begin not later than 60 days 

18 after the individual obtains the educational de19 gree for which the scholarship was provided. 

20 (B) DEFERRAL.—In accordance with regu21 lations established by the National Intelligence 

22 Director, the Director or designee may defer 

23 the obligation of an individual to provide a pe24 riod of service under paragraph (1) if the Di-
106

•S 2845 PCS 

1 rector or designee determines that such a defer2 ral is appropriate. 

3 (i) REPAYMENT.—

4 (1) IN GENERAL.—Scholarship recipients who 

5 fail to maintain a high level of academic standing, 

6 as defined by the National Intelligence Director, who 

7 are dismissed from their educational institutions for 

8 disciplinary reasons, or who voluntarily terminate 

9 academic training before graduation from the edu10 cational program for which the scholarship was 

11 awarded, shall be in breach of their contractual 

12 agreement and, in lieu of any service obligation aris13 ing under such agreement, shall be liable to the 

14 United States for repayment within 1 year after the 

15 date of default of all scholarship funds paid to them 

16 and to the institution of higher education on their 

17 behalf under the agreement, except as provided in 

18 subsection (j)(2). The repayment period may be ex19 tended by the Director when determined to be nec20 essary, as established by regulation. 

21 (2) LIABILITY.—Scholarship recipients who, for 

22 any reason, fail to begin or complete their service 

23 obligation after completion of academic training, or 

24 fail to comply with the terms and conditions of 

25 deferment established by the National Intelligence 
107

•S 2845 PCS 

1 Director under subsection (h)(2)(B), shall be in 

2 breach of their contractual agreement. When recipi3 ents breach their agreements for the reasons stated 

4 in the preceding sentence, the recipient shall be lia5 ble to the United States for an amount equal to—

6 (A) the total amount of scholarships re7 ceived by such individual under this section; 

8 and 

9 (B) the interest on the amounts of such 

10 awards which would be payable if at the time 

11 the awards were received they were loans bear12 ing interest at the maximum legal prevailing 

13 rate, as determined by the Treasurer of the 

14 United States, multiplied by 3. 

15 (j) CANCELLATION, WAIVER, OR SUSPENSION OF OB16 LIGATION.—

17 (1) CANCELLATION.—Any obligation of an indi18 vidual incurred under the Program (or a contractual 

19 agreement thereunder) for service or payment shall 

20 be canceled upon the death of the individual. 

21 (2) WAIVER OR SUSPENSION.—The National 

22 Intelligence Director shall prescribe regulations to 

23 provide for the partial or total waiver or suspension 

24 of any obligation of service or payment incurred by 

25 an individual under the Program (or a contractual 
108

•S 2845 PCS 

1 agreement thereunder) whenever compliance by the 

2 individual is impossible or would involve extreme 

3 hardship to the individual, or if enforcement of such 

4 obligation with respect to the individual would be 

5 contrary to the best interests of the Government. 

6 (k) REGULATIONS.—The National Intelligence Direc7 tor shall prescribe regulations necessary to carry out this 

8 section. 

9 Subtitle F—Additional Authorities 

10 of National Intelligence Authority 

11 SEC. 161. USE OF APPROPRIATED FUNDS. 

12 (a) DISPOSAL OF PROPERTY.—(1) If specifically au13 thorized to dispose of real property of the National Intel14 ligence Authority under any law enacted after the date of 

15 the enactment of this Act, the National Intelligence Direc16 tor shall, subject to paragraph (2), exercise such authority 

17 in strict compliance with subchapter IV of chapter 5 of 

18 title 40, United States Code. 

19 (2) The Director shall deposit the proceeds of any 

20 disposal of property of the National Intelligence Authority 

21 into the miscellaneous receipts of the Treasury in accord22 ance with section 3302(b) of title 31, United States Code. 

23 (b) GIFTS.—Gifts or donations of services or property 

24 of or for the National Intelligence Authority may not be 

25 accepted, used, or disposed of unless specifically permitted 
109

•S 2845 PCS 

1 in advance in an appropriations Act and only under the 

2 conditions and for the purposes specified in such appro3 priations Act. 

4 SEC. 162. ACQUISITION AND FISCAL AUTHORITIES. 

5 (a) ACQUISITIONS OF MAJOR SYSTEMS.—(1) For 

6 each intelligence program for the acquisition of a major 

7 system, the National Intelligence Director shall—

8 (A) require the development and implementa9 tion of a program management plan that includes 

10 cost, schedule, and performance goals and program 

11 milestone criteria; 

12 (B) subject to paragraph (4), serve as the ex13 clusive milestone decision authority; and 

14 (C) periodically—

15 (i) review and assess the progress made to16 ward the achievement of the goals and mile17 stones established in such plan; and 

18 (ii) submit to Congress a report on the re19 sults of such review and assessment. 

20 (2) The National Intelligence Director shall prescribe 

21 guidance for the development and implementation of pro22 gram management plans under this subsection. In pre23 scribing such guidance, the Director shall review Depart24 ment of Defense guidance on program management plans 

25 for Department of Defense programs for the acquisition 
110

•S 2845 PCS 

1 of major systems and, to the extent feasible, incorporate 

2 the principles of the Department of Defense guidance into 

3 the Director’s guidance under this subsection. 

4 (3) Nothing in this subsection may be construed to 

5 limit the authority of the National Intelligence Director 

6 to delegate to any other official any authority to perform 

7 the responsibilities of the Director under this subsection. 

8 (4)(A) The authority conferred by paragraph (1)(B) 

9 shall not apply to Department of Defense programs until 

10 the National Intelligence Director, in consultation with the 

11 Secretary of Defense, determines that the National Intel12 ligence Authority has the personnel and capability to fully 

13 and effectively carry out such authority. 

14 (B) The National Intelligence Director may assign 

15 any authority under this subsection to the Secretary of 

16 Defense. The assignment of such authority shall be made 

17 pursuant to a memorandum of understanding between the 

18 Director and the Secretary. 

19 (5) In this subsection: 

20 (A) The term ‘‘intelligence program’’, with re21 spect to the acquisition of a major system, means a 

22 program that—

23 (i) is carried out to acquire such major 

24 system for an element of the intelligence com25 munity; and 
111

•S 2845 PCS 

1 (ii) is funded in whole out of amounts 

2 available for the National Intelligence Program. 

3 (B) The term ‘‘major system’’ has the meaning 

4 given such term in section 4(9) of the Federal Prop5 erty and Administrative Services Act of 1949 (41 

6 U.S.C. 403(9)). 

7 (b) AVAILABILITY OF FUNDS.—Notwithstanding any 

8 other provision of law (other than the provisions of this 

9 Act), sums appropriated or otherwise made available to 

10 the National Intelligence Authority may be expended for 

11 purposes necessary to carry out its functions, including 

12 any function performed by the National Intelligence Au13 thority that is described in section 8(a) of the Central In14 telligence Agency Act of 1949 (50 U.S.C. 403j(a)). 

15 (c) RELATIONSHIP OF DIRECTOR’S AUTHORITY TO

16 OTHER LAWS ON ACQUISITION AND MANAGEMENT OF

17 PROPERTY AND SERVICES.—Section 113(e) of title 40, 

18 United States Code, is amended—

19 (A) by striking ‘‘or’’ at the end of paragraph 

20 (18); 

21 (B) by striking the period at the end of para22 graph (19) and inserting ‘‘; or’’; and 

23 (C) by adding at the end the following new 

24 paragraph: 

25 ‘‘(20) the National Intelligence Director.’’. 
112

•S 2845 PCS 

1 (d) NATIONAL INTELLIGENCE DIRECTOR REPORT ON

2 ENHANCEMENT OF NSA AND NGIA ACQUISITION AU3 THORITIES.—Not later than one year after the date of the 

4 enactment of this Act, the National Intelligence Director 

5 shall—

6 (1) review—

7 (A) the acquisition authority of the Direc8 tor of the National Security Agency; and 

9 (B) the acquisition authority of the Direc10 tor of the National Geospatial-Intelligence 

11 Agency; and 

12 (2) submit to the Committee on Governmental 

13 Affairs of the Senate and the Committee on Govern14 ment Reform of the House of Representatives a re15 port setting forth any recommended enhancements 

16 of the acquisition authorities of the Director of the 

17 National Security Agency and the Director of the 

18 National Geospatial-Intelligence Agency that the Na19 tional Intelligence Director considers necessary. 

20 (e) COMPTROLLER GENERAL REPORT ON ACQUISI21 TION POLICIES AND PROCEDURES.—Not later than two 

22 years after the date of the enactment of this Act, the 

23 Comptroller General of the United States shall submit to 

24 Congress a report on the extent to which the policies and 

25 procedures adopted for managing the acquisition of major 
113

•S 2845 PCS 

1 systems for national intelligence purposes, as identified by 

2 the National Intelligence Director, are likely to result in 

3 successful cost, schedule, and performance outcomes. 

4 SEC. 163. PERSONNEL MATTERS. 

5 (a) IN GENERAL.—In addition to the authorities pro6 vided in section 114, the National Intelligence Director 

7 may exercise with respect to the personnel of the National 

8 Intelligence Authority any authority of the Director of the 

9 Central Intelligence Agency with respect to the personnel 

10 of the Central Intelligence Agency under the Central Intel11 ligence Agency Act of 1949 (50 U.S.C. 403a et seq.), and 

12 other applicable provisions of law, as of the date of the 

13 enactment of this Act to the same extent, and subject to 

14 the same conditions and limitations, that the Director of 

15 the Central Intelligence Agency may exercise such author16 ity with respect to personnel of the Central Intelligence 

17 Agency. 

18 (b) RIGHTS AND PROTECTIONS OF EMPLOYEES AND

19 APPLICANTS.—Employees and applicants for employment 

20 of the National Intelligence Authority shall have the same 

21 rights and protections under the Authority as employees 

22 of the Central Intelligence Agency have under the Central 

23 Intelligence Agency Act of 1949, and other applicable pro24 visions of law, as of the date of the enactment of this Act. 
114

•S 2845 PCS 

1 SEC. 164. ETHICS MATTERS. 

2 (a) POLITICAL SERVICE OF PERSONNEL.—Section 

3 7323(b)(2)(B)(i) of title 5, United States Code, is amend4 ed—

5 (1) in subclause (XII), by striking ‘‘or’’ at the 

6 end; and 

7 (2) by inserting after subclause (XIII) the fol8 lowing new subclause: 

9 ‘‘(XIV) the National Intelligence Author10 ity; or’’. 

11 (b) DELETION OF INFORMATION ABOUT FOREIGN

12 GIFTS.—Section 7342(f)(4) of title 5, United States Code, 

13 is amended—

14 (1) by inserting ‘‘(A)’’ after ‘‘(4)’’; 

15 (2) in subparagraph (A), as so designated, by 

16 striking ‘‘the Director of Central Intelligence’’ and 

17 inserting ‘‘the Director of the Central Intelligence 

18 Agency’’; and 

19 (3) by adding at the end the following new sub20 paragraph: 

21 ‘‘(B) In transmitting such listings for the National 

22 Intelligence Authority, the National Intelligence Director 

23 may delete the information described in subparagraphs 

24 (A) and (C) of paragraphs (2) and (3) if the Director cer25 tifies in writing to the Secretary of State that the publica-
115

•S 2845 PCS 

1 tion of such information could adversely affect United 

2 States intelligence sources.’’. 

3 (c) EXEMPTION FROM FINANCIAL DISCLOSURES.—

4 Section 105(a)(1) of the Ethics in Government Act (5 

5 U.S.C. App.) is amended by inserting ‘‘the National Intel6 ligence Authority,’’ before ‘‘the Central Intelligence Agen7 cy’’. 

8 TITLE II—OTHER IMPROVE9 MENTS OF INTELLIGENCE AC10 TIVITIES 

11 Subtitle A—Improvements of 

12 Intelligence Activities 

13 SEC. 201. AVAILABILITY TO PUBLIC OF CERTAIN INTEL14 LIGENCE FUNDING INFORMATION. 

15 (a) AMOUNTS REQUESTED EACH FISCAL YEAR.—

16 The President shall disclose to the public for each fiscal 

17 year after fiscal year 2005 the aggregate amount of appro18 priations requested in the budget of the President for such 

19 fiscal year for the National Intelligence Program. 

20 (b) AMOUNTS AUTHORIZED AND APPROPRIATED

21 EACH FISCAL YEAR.—Congress shall disclose to the pub22 lic for each fiscal year after fiscal year 2005 the aggregate 

23 amount of funds authorized to be appropriated, and the 

24 aggregate amount of funds appropriated, by Congress for 

25 such fiscal year for the National Intelligence Program. 
116

•S 2845 PCS 

1 (c) STUDY OF DISCLOSURE OF ADDITIONAL INFOR2 MATION.—(1) The National Intelligence Director shall 

3 conduct a study to assess the advisability of disclosing to 

4 the public amounts as follows: 

5 (A) The aggregate amount of appropriations re6 quested in the budget of the President for each fis7 cal year for each element of the intelligence commu8 nity. 

9 (B) The aggregate amount of funds authorized 

10 to be appropriated, and the aggregate amount of 

11 funds appropriated, by Congress for each fiscal year 

12 for each element of the intelligence community. 

13 (2) The study under paragraph (1) shall—

14 (A) address whether or not the disclosure to the 

15 public of the information referred to in that para16 graph would harm the national security of the 

17 United States; and 

18 (B) take into specific account concerns relating 

19 to the disclosure of such information for each ele20 ment of the intelligence community. 

21 (3) Not later than 180 days after the effective date 

22 of this section, the Director shall submit to Congress a 

23 report on the study under paragraph (1). 
117

•S 2845 PCS 

1 SEC. 202. MERGER OF HOMELAND SECURITY COUNCIL 

2 INTO NATIONAL SECURITY COUNCIL. 

3 (a) MERGER OF HOMELAND SECURITY COUNCIL

4 INTO NATIONAL SECURITY COUNCIL.—Section 101 of the 

5 National Security Act of 1947 (50 U.S.C. 402) is amend6 ed—

7 (1) in the fourth undesignated paragraph of 

8 subsection (a), by striking clauses (5) and (6) and 

9 inserting the following new clauses: 

10 ‘‘(5) the Attorney General; 

11 ‘‘(6) the Secretary of Homeland Security;’’; and 

12 (2) in subsection (b)—

13 (A) in paragraph (1), by striking ‘‘and’’ at 

14 the end; 

15 (B) in paragraph (2), by striking the pe16 riod at the end and inserting a semicolon; and 

17 (C) by adding at the end the following new 

18 paragraphs: 

19 ‘‘(3) assess the objectives, commitments, and 

20 risks of the United States in the interests of home21 land security and make recommendations to the 

22 President based on such assessments; 

23 ‘‘(4) oversee and review the homeland security 

24 policies of the Federal Government and make rec25 ommendations to the President based on such over26 sight and review; and 
118

•S 2845 PCS 

1 ‘‘(5) perform such other functions as the Presi2 dent may direct.’’. 

3 (c) REPEAL OF SUPERSEDED AUTHORITY.—(1) Title 

4 IX of the Homeland Security Act of 2002 (6 U.S.C. 491 

5 et seq.) is repealed. 

6 (2) The table of contents for that Act is amended 

7 by striking the items relating to title IX. 

8 SEC. 203. JOINT INTELLIGENCE COMMUNITY COUNCIL. 

9 Title I of the National Security Act of 1947 (50 

10 U.S.C. 401 et seq.) is amended by inserting after section 

11 101 the following new section: 

12 ‘‘JOINT INTELLIGENCE COMMUNITY COUNCIL

13 ‘‘SEC. 101A. (a) JOINT INTELLIGENCE COMMUNITY

14 COUNCIL.—There is a Joint Intelligence Community 

15 Council. 

16 ‘‘(b) MEMBERSHIP.—The Joint Intelligence Commu17 nity Council shall consist of the following: 

18 ‘‘(1) The National Intelligence Director, who 

19 shall chair the Council. 

20 ‘‘(2) The Secretary of State. 

21 ‘‘(3) The Secretary of the Treasury. 

22 ‘‘(4) The Secretary of Defense. 

23 ‘‘(5) The Attorney General. 

24 ‘‘(6) The Secretary of Energy. 

25 ‘‘(7) The Secretary of Homeland Security. 
119

•S 2845 PCS 

1 ‘‘(8) Such other officers of the United States 

2 Government as the President may designate from 

3 time to time. 

4 ‘‘(c) FUNCTIONS.—The Joint Intelligence Commu5 nity Council shall assist the National Intelligence Director 

6 to in developing and implementing a joint, unified national 

7 intelligence effort to protect national security by—

8 ‘‘(1) advising the Director on establishing re9 quirements, developing budgets, financial manage10 ment, and monitoring and evaluating the perform11 ance of the intelligence community, and on such 

12 other matters as the Director may request; and 

13 ‘‘(2) ensuring the timely execution of programs, 

14 policies, and directives established or developed by 

15 the Director. 

16 ‘‘(d) MEETINGS.—The Joint Intelligence Community 

17 Council shall meet upon the request of the National Intel18 ligence Director.’’. 

19 SEC. 204. IMPROVEMENT OF INTELLIGENCE CAPABILITIES 

20 OF THE FEDERAL BUREAU OF INVESTIGA21 TION. 

22 (a) FINDINGS.—Congress makes the following find23 ings: 

24 (1) The National Commission on Terrorist At25 tacks Upon the United States in its final report 
120

•S 2845 PCS 

1 stated that, under Director Robert Mueller, the Fed2 eral Bureau of Investigation has made significant 

3 progress in improving its intelligence capabilities. 

4 (2) In the report, the members of the Commis5 sion also urged that the Federal Bureau of Inves6 tigation fully institutionalize the shift of the Bureau 

7 to a preventive counterterrorism posture. 

8 (b) IMPROVEMENT OF INTELLIGENCE CAPABILI9 TIES.—The Director of the Federal Bureau of Investiga10 tion shall continue efforts to improve the intelligence capa11 bilities of the Federal Bureau of Investigation and to de12 velop and maintain within the Bureau a national intel13 ligence workforce. 

14 (c) NATIONAL INTELLIGENCE WORKFORCE.—(1) In 

15 developing and maintaining a national intelligence work16 force under subsection (b), the Director of the Federal Bu17 reau of Investigation shall, subject to the direction and 

18 control of the President, develop and maintain a special19 ized and integrated national intelligence workforce con20 sisting of agents, analysts, linguists, and surveillance spe21 cialists who are recruited, trained, and rewarded in a man22 ner which ensures the existence within the Federal Bureau 

23 of Investigation an institutional culture with substantial 

24 expertise in, and commitment to, the intelligence mission 

25 of the Bureau. 
121

•S 2845 PCS 

1 (2) Each agent employed by the Bureau after the 

2 date of the enactment of this Act shall receive basic train3 ing in both criminal justice matters and national intel4 ligence matters. 

5 (3) Each agent employed by the Bureau after the 

6 date of the enactment of this Act shall, to the maximum 

7 extent practicable, be given the opportunity to undergo, 

8 during such agent’s early service with the Bureau, mean9 ingful assignments in criminal justice matters and in na10 tional intelligence matters. 

11 (4) The Director shall—

12 (A) establish career positions in national intel13 ligence matters for agents and analysts of the Bu14 reau; and 

15 (B) in furtherance of the requirement under 

16 subparagraph (A) and to the maximum extent prac17 ticable, afford agents and analysts of the Bureau the 

18 opportunity to work in the career specialty selected 

19 by such agents and analysts over their entire career 

20 with the Bureau. 

21 (5) The Director shall carry out a program to en22 hance the capacity of the Bureau to recruit and retain 

23 individuals with backgrounds in intelligence, international 

24 relations, language, technology, and other skills relevant 

25 to the intelligence mission of the Bureau. 
122

•S 2845 PCS 

1 (6) The Director shall, to the maximum extent prac2 ticable, afford the analysts of the Bureau training and ca3 reer opportunities commensurate with the training and ca4 reer opportunities afforded analysts in other elements of 

5 the intelligence community. 

6 (7) Commencing as soon as practicable after the date 

7 of the enactment of this Act, each direct supervisor of a 

8 Field Intelligence Group, and each Bureau Operational 

9 Manager at the Section Chief and Assistant Special Agent 

10 in Charge (ASAC) level and above, shall be a certified in11 telligence officer. 

12 (8) The Director shall, to the maximum extent prac13 ticable, ensure that the successful discharge of advanced 

14 training courses, and of one or more assignments to an15 other element of the intelligence community, is a pre16 condition to advancement to higher level intelligence as17 signments within the Bureau. 

18 (d) FIELD OFFICE MATTERS.—(1) In improving the 

19 intelligence capabilities of the Federal Bureau of Inves20 tigation under subsection (b), the Director of the Federal 

21 Bureau of Investigation shall ensure that each Field Intel22 ligence Group reports directly to a field office senior man23 ager responsible for intelligence matters. 

24 (2) The Director shall provide for such expansion of 

25 the secure facilities in the field offices of the Bureau as 
123

•S 2845 PCS 

1 is necessary to ensure the discharge by the field offices 

2 of the intelligence mission of the Bureau. 

3 (3) The Director shall require that each Field Intel4 ligence Group manager ensures the integration of ana5 lysts, agents, linguists, and surveillance personnel in the 

6 field. 

7 (e) BUDGET MATTERS.—The Director of the Federal 

8 Bureau of Investigation shall, in consultation with the Di9 rector of the Office of Management and Budget, modify 

10 the budget structure of the Federal Bureau of Investiga11 tion in order to organize the budget according to the four 

12 principal missions of the Bureau as follows: 

13 (1) Intelligence. 

14 (2) Counterterrorism and counterintelligence. 

15 (3) Criminal Enterprises/Federal Crimes. 

16 (4) Criminal justice services. 

17 (f) REPORTS.—(1) Not later than 180 days after the 

18 date of the enactment of this Act, the Director of the Fed19 eral Bureau of Investigation shall submit to Congress a 

20 report on the progress made as of the date of such report 

21 in carrying out the requirements of this section. 

22 (2) The Director shall include in each annual pro23 gram review of the Federal Bureau of Investigation that 

24 is submitted to Congress a report on the progress made 

25 by each field office of the Bureau during the period cov-
124

•S 2845 PCS 

1 ered by such review in addressing Bureau and national 

2 program priorities. 

3 (3) Not later than 180 days after the date of the en4 actment of this Act, and every 12 months thereafter, the 

5 Director shall submit to Congress a report assessing the 

6 qualifications, status, and roles of analysts at Bureau 

7 headquarters and in the field offices of the Bureau. 

8 (4) Not later than 180 days after the date of the en9 actment of this Act, and every 12 months thereafter, the 

10 Director shall submit to Congress a report on the progress 

11 of the Bureau in implementing information-sharing prin12 ciples. 

13 SEC. 205. FEDERAL BUREAU OF INVESTIGATION INTEL14 LIGENCE CAREER SERVICE. 

15 (a) SHORT TITLE.—This section may be cited as the 

16 ‘‘Federal Bureau of Investigation Intelligence Career 

17 Service Authorization Act of 2005’’. 

18 (b) ESTABLISHMENT OF FEDERAL BUREAU OF IN19 VESTIGATION INTELLIGENCE CAREER SERVICE.—

20 (1) IN GENERAL.—The Director of the Federal 

21 Bureau of Investigation, in consultation with the Di22 rector of the Office of Personnel Management—

23 (A) may establish positions for intelligence 

24 analysts, without regard to chapter 51 of title 

25 5, United States Code; 
125

•S 2845 PCS 

1 (B) shall prescribe standards and proce2 dures for establishing and classifying such posi3 tions; and 

4 (C) may fix the rate of basic pay for such 

5 positions, without regard to subchapter III of 

6 chapter 53 of title 5, United States Code, if the 

7 rate of pay is not greater than the rate of basic 

8 pay payable for level IV of the Executive Sched9 ule. 

10 (2) LEVELS OF PERFORMANCE.—Any perform11 ance management system established for intelligence 

12 analysts shall have at least 1 level of performance 

13 above a retention standard. 

14 (c) REPORTING REQUIREMENT.—Not less than 60 

15 days before the date of the implementation of authorities 

16 authorized under this section, the Director of the Federal 

17 Bureau of Investigation shall submit an operating plan de18 scribing the Director’s intended use of the authorities 

19 under this section to—

20 (1) the Committees on Appropriations of the 

21 Senate and the House of Representatives; 

22 (2) the Committee on Governmental Affairs of 

23 the Senate; 

24 (3) the Committee on Government Reform of 

25 the House of Representatives; 
126

•S 2845 PCS 

1 (4) the congressional intelligence committees; 

2 and 

3 (5) the Committees on the Judiciary of the Sen4 ate and the House of Representatives. 

5 (d) ANNUAL REPORT.—Not later than December 31, 

6 2005, and annually thereafter for 4 years, the Director 

7 of the Federal Bureau of Investigation shall submit an an8 nual report of the use of the permanent authorities pro9 vided under this section during the preceding fiscal year 

10 to—

11 (1) the Committees on Appropriations of the 

12 Senate and the House of Representatives; 

13 (2) the Committee on Governmental Affairs of 

14 the Senate; 

15 (3) the Committee on Government Reform of 

16 the House of Representatives; 

17 (4) the congressional intelligence committees; 

18 and 

19 (5) the Committees on the Judiciary of the Sen20 ate and the House of Representatives. 

21 SEC. 206. INFORMATION SHARING. 

22 (a) DEFINITIONS.—In this section: 

23 (1) ADVISORY BOARD.—The term ‘‘Advisory 

24 Board’’ means the Advisory Board on Information 

25 Sharing established under subsection (i). 
127

•S 2845 PCS 

1 (2) EXECUTIVE COUNCIL.—The term ‘‘Execu2 tive Council’’ means the Executive Council on Infor3 mation Sharing established under subsection (h). 

4 (3) HOMELAND SECURITY INFORMATION.—The 

5 term ‘‘homeland security information’’ means all in6 formation, whether collected, produced, or distrib7 uted by intelligence, law enforcement, military, 

8 homeland security, or other activities relating to—

9 (A) the existence, organization, capabili10 ties, plans, intentions, vulnerabilities, means of 

11 finance or material support, or activities of for12 eign or international terrorist groups or individ13 uals, or of domestic groups or individuals in14 volved in transnational terrorism; 

15 (B) threats posed by such groups or indi16 viduals to the United States, United States per17 sons, or United States interests, or to those of 

18 other nations; 

19 (C) communications of or by such groups 

20 or individuals; or 

21 (D) groups or individuals reasonably be22 lieved to be assisting or associated with such 

23 groups or individuals. 
128

•S 2845 PCS 

1 (4) NETWORK.—The term ‘‘Network’’ means 

2 the Information Sharing Network described under 

3 subsection (c). 

4 (b) FINDINGS.—Consistent with the report of the Na5 tional Commission on Terrorist Attacks upon the United 

6 States, Congress makes the following findings: 

7 (1) The effective use of information, from all 

8 available sources, is essential to the fight against 

9 terror and the protection of our homeland. The big10 gest impediment to all-source analysis, and to a 

11 greater likelihood of ‘‘connecting the dots’’, is resist12 ance to sharing information. 

13 (2) The United States Government has access 

14 to a vast amount of information, including not only 

15 traditional intelligence but also other government 

16 databases, such as those containing customs or im17 migration information. However, the United States 

18 Government has a weak system for processing and 

19 using the information it has. 

20 (3) In the period preceding September 11, 

21 2001, there were instances of potentially helpful in22 formation that was available but that no person 

23 knew to ask for; information that was distributed 

24 only in compartmented channels, and information 

25 that was requested but could not be shared. 
129

•S 2845 PCS 

1 (4) Current security requirements nurture over2 classification and excessive compartmentalization of 

3 information among agencies. Each agency’s incentive 

4 structure opposes sharing, with risks, including 

5 criminal, civil, and administrative sanctions, but few 

6 rewards for sharing information. 

7 (5) The current system, in which each intel8 ligence agency has its own security practices, re9 quires a demonstrated ‘‘need to know’’ before shar10 ing. This approach assumes that it is possible to 

11 know, in advance, who will need to use the informa12 tion. An outgrowth of the cold war, such a system 

13 implicitly assumes that the risk of inadvertent dis14 closure outweighs the benefits of wider sharing. 

15 Such assumptions are no longer appropriate. Al16 though counterintelligence concerns are still real, the 

17 costs of not sharing information are also substantial. 

18 The current ‘‘need-to-know’’ culture of information 

19 protection needs to be replaced with a ‘‘need-to20 share’’ culture of integration. 

21 (6) A new approach to the sharing of intel22 ligence and homeland security information is ur23 gently needed. An important conceptual model for a 

24 new ‘‘trusted information network’’ is the System25 wide Homeland Analysis and Resource Exchange 
130

•S 2845 PCS 

1 (SHARE) Network proposed by a task force of lead2 ing professionals assembled by the Markle Founda3 tion and described in reports issued in October 2002 

4 and December 2003. 

5 (7) No single agency can create a meaningful 

6 information sharing system on its own. Alone, each 

7 agency can only modernize stovepipes, not replace 

8 them. Presidential leadership is required to bring 

9 about governmentwide change. 

10 (c) INFORMATION SHARING NETWORK.—

11 (1) ESTABLISHMENT.—The President shall es12 tablish a trusted information network and secure in13 formation sharing environment to promote sharing 

14 of intelligence and homeland security information in 

15 a manner consistent with national security and the 

16 protection of privacy and civil liberties, and based on 

17 clearly defined and consistently applied policies and 

18 procedures, and valid investigative, analytical or 

19 operational requirements. 

20 (2) ATTRIBUTES.—The Network shall promote 

21 coordination, communication and collaboration of 

22 people and information among all relevant Federal 

23 departments and agencies, State, tribal, and local 

24 authorities, and relevant private sector entities, in25 cluding owners and operators of critical infrastruc-
131

•S 2845 PCS 

1 ture, by using policy guidelines and technologies that 

2 support—

3 (A) a decentralized, distributed, and co4 ordinated environment that connects existing 

5 systems where appropriate and allows users to 

6 share information among agencies, between lev7 els of government, and, as appropriate, with the 

8 private sector; 

9 (B) the sharing of information in a form 

10 and manner that facilitates its use in analysis, 

11 investigations and operations; 

12 (C) building upon existing systems capa13 bilities currently in use across the Government; 

14 (D) utilizing industry best practices, in15 cluding minimizing the centralization of data 

16 and seeking to use common tools and capabili17 ties whenever possible; 

18 (E) employing an information access man19 agement approach that controls access to data 

20 rather than to just networks; 

21 (F) facilitating the sharing of information 

22 at and across all levels of security by using pol23 icy guidelines and technologies that support 

24 writing information that can be broadly shared; 
132

•S 2845 PCS 

1 (G) providing directory services for locat2 ing people and information; 

3 (H) incorporating protections for individ4 uals’ privacy and civil liberties; 

5 (I) incorporating strong mechanisms for 

6 information security and privacy and civil lib7 erties guideline enforcement in order to enhance 

8 accountability and facilitate oversight, includ9 ing—

10 (i) multifactor authentication and ac11 cess control; 

12 (ii) strong encryption and data protec13 tion; 

14 (iii) immutable audit capabilities; 

15 (iv) automated policy enforcement; 

16 (v) perpetual, automated screening for 

17 abuses of network and intrusions; and 

18 (vi) uniform classification and han19 dling procedures; 

20 (J) compliance with requirements of appli21 cable law and guidance with regard to the plan22 ning, design, acquisition, operation, and man23 agement of information systems; and 
133

•S 2845 PCS 

1 (K) permitting continuous system up2 grades to benefit from advances in technology 

3 while preserving the integrity of stored data. 

4 (d) IMMEDIATE ACTIONS.—Not later than 90 days 

5 after the date of the enactment of this Act, the Director 

6 of the Office of Management and Budget, in consultation 

7 with the Executive Council, shall—

8 (1) submit to the President and to Congress a 

9 description of the technological, legal, and policy 

10 issues presented by the creation of the Network de11 scribed in subsection (c), and the way in which these 

12 issues will be addressed; 

13 (2) establish electronic directory services to as14 sist in locating in the Federal Government intel15 ligence and homeland security information and peo16 ple with relevant knowledge about intelligence and 

17 homeland security information; and 

18 (3) conduct a review of relevant current Federal 

19 agency capabilities, including—

20 (A) a baseline inventory of current Federal 

21 systems that contain intelligence or homeland 

22 security information; 

23 (B) the money currently spent to maintain 

24 those systems; and 
134

•S 2845 PCS 

1 (C) identification of other information that 

2 should be included in the Network. 

3 (e) GUIDELINES AND REQUIREMENTS.—As soon as 

4 possible, but in no event later than 180 days after the 

5 date of the enactment of this Act, the President shall—

6 (1) in consultation with the Executive Coun7 cil—

8 (A) issue guidelines for acquiring, access9 ing, sharing, and using information, including 

10 guidelines to ensure that information is pro11 vided in its most shareable form, such as by 

12 separating out data from the sources and meth13 ods by which that data are obtained; and 

14 (B) on classification policy and handling 

15 procedures across Federal agencies, including 

16 commonly accepted processing and access con17 trols; 

18 (2) in consultation with the Privacy and Civil 

19 Liberties Oversight Board established under section 

20 211, issue guidelines that—

21 (A) protect privacy and civil liberties in the 

22 development and use of the Network; and 

23 (B) shall be made public, unless, and only 

24 to the extent that, nondisclosure is clearly nec25 essary to protect national security; and 
135

•S 2845 PCS 

1 (3) require the heads of Federal departments 

2 and agencies to promote a culture of information 

3 sharing by—

4 (A) reducing disincentives to information 

5 sharing, including overclassification of informa6 tion and unnecessary requirements for origi7 nator approval; and 

8 (B) providing affirmative incentives for in9 formation sharing, such as the incorporation of 

10 information sharing performance measures into 

11 agency and managerial evaluations, and em12 ployee awards for promoting innovative infor13 mation sharing practices. 

14 (f) ENTERPRISE ARCHITECTURE AND IMPLEMENTA15 TION PLAN.—Not later than 270 days after the date of 

16 the enactment of this Act, the Director of Management 

17 and Budget shall submit to the President and to Congress 

18 an enterprise architecture and implementation plan for the 

19 Network. The enterprise architecture and implementation 

20 plan shall be prepared by the Director of Management and 

21 Budget, in consultation with the Executive Council, and 

22 shall include—

23 (1) a description of the parameters of the pro24 posed Network, including functions, capabilities, and 

25 resources; 
136

•S 2845 PCS 

1 (2) a delineation of the roles of the Federal de2 partments and agencies that will participate in the 

3 development of the Network, including identification 

4 of any agency that will build the infrastructure need5 ed to operate and manage the Network (as distinct 

6 from the individual agency components that are to 

7 be part of the Network), with the delineation of roles 

8 to be consistent with—

9 (A) the authority of the National Intel10 ligence Director under this Act to set standards 

11 for information sharing and information tech12 nology throughout the intelligence community; 

13 and 

14 (B) the authority of the Secretary of 

15 Homeland Security and the role of the Depart16 ment of Homeland Security in coordinating 

17 with State, tribal, and local officials and the 

18 private sector; 

19 (3) a description of the technological require20 ments to appropriately link and enhance existing 

21 networks and a description of the system design that 

22 will meet these requirements; 

23 (4) an enterprise architecture that—

24 (A) is consistent with applicable laws and 

25 guidance with regard to planning, design, acqui-
137

•S 2845 PCS 

1 sition, operation, and management of informa2 tion systems; 

3 (B) will be used to guide and define the 

4 development and implementation of the Net5 work; and 

6 (C) addresses the existing and planned en7 terprise architectures of the departments and 

8 agencies participating in the Network; 

9 (5) a description of how privacy and civil lib10 erties will be protected throughout the design and 

11 implementation of the Network; 

12 (6) objective, systemwide performance measures 

13 to enable the assessment of progress toward achiev14 ing full implementation of the Network; 

15 (7) a plan, including a time line, for the devel16 opment and phased implementation of the Network; 

17 (8) total budget requirements to develop and 

18 implement the Network, including the estimated an19 nual cost for each of the 5 years following the date 

20 of the enactment of this Act; and 

21 (9) proposals for any legislation that the Direc22 tor of Management and Budget determines nec23 essary to implement the Network. 
138

•S 2845 PCS 

1 (g) DIRECTOR OF MANAGEMENT AND BUDGET RE2 SPONSIBLE FOR INFORMATION SHARING ACROSS THE

3 FEDERAL GOVERNMENT.—

4 (1) ADDITIONAL DUTIES AND RESPONSIBIL5 ITIES.—

6 (A) IN GENERAL.—The Director of Man7 agement and Budget, in consultation with the 

8 Executive Council, shall—

9 (i) implement and manage the Net10 work; 

11 (ii) develop and implement policies, 

12 procedures, guidelines, rules, and stand13 ards as appropriate to foster the develop14 ment and proper operation of the Network; 

15 and 

16 (iii) assist, monitor, and assess the 

17 implementation of the Network by Federal 

18 departments and agencies to ensure ade19 quate progress, technological consistency 

20 and policy compliance; and regularly report 

21 the findings to the President and to Con22 gress. 

23 (B) CONTENT OF POLICIES, PROCEDURES, 

24 GUIDELINES, RULES, AND STANDARDS.—The 
139

•S 2845 PCS 

1 policies, procedures, guidelines, rules, and 

2 standards under subparagraph (A)(ii) shall—

3 (i) take into account the varying mis4 sions and security requirements of agencies 

5 participating in the Network; 

6 (ii) address development, implementa7 tion, and oversight of technical standards 

8 and requirements; 

9 (iii) address and facilitate information 

10 sharing between and among departments 

11 and agencies of the intelligence community, 

12 the Department of Defense, the Homeland 

13 Security community and the law enforce14 ment community; 

15 (iv) address and facilitate information 

16 sharing between Federal departments and 

17 agencies and State, tribal and local govern18 ments; 

19 (v) address and facilitate, as appro20 priate, information sharing between Fed21 eral departments and agencies and the pri22 vate sector; 

23 (vi) address and facilitate, as appro24 priate, information sharing between Fed-
140

•S 2845 PCS 

1 eral departments and agencies with foreign 

2 partners and allies; and 

3 (vii) ensure the protection of privacy 

4 and civil liberties. 

5 (2) APPOINTMENT OF PRINCIPAL OFFICER.—

6 Not later than 30 days after the date of the enact7 ment of this Act, the Director of Management and 

8 Budget shall appoint, with approval of the Presi9 dent, a principal officer in the Office of Management 

10 and Budget whose primary responsibility shall be to 

11 carry out the day-to-day duties of the Director speci12 fied in this section. The officer shall report directly 

13 to the Director of Management and Budget, have 

14 the rank of a Deputy Director and shall be paid at 

15 the rate of pay payable for a position at level III of 

16 the Executive Schedule under section 5314 of title 

17 5, United States Code. 

18 (h) EXECUTIVE COUNCIL ON INFORMATION SHAR19 ING.—

20 (1) ESTABLISHMENT.—There is established an 

21 Executive Council on Information Sharing that shall 

22 assist the Director of Management and Budget in 

23 the execution of the Director’s duties under this Act 

24 concerning information sharing. 
141

•S 2845 PCS 

1 (2) MEMBERSHIP.—The members of the Execu2 tive Council shall be—

3 (A) the Director of Management and 

4 Budget, who shall serve as Chairman of the Ex5 ecutive Council; 

6 (B) the Secretary of Homeland Security or 

7 his designee; 

8 (C) the Secretary of Defense or his des9 ignee; 

10 (D) the Attorney General or his designee; 

11 (E) the Secretary of State or his designee; 

12 (F) the Director of the Federal Bureau of 

13 Investigation or his designee; 

14 (G) the National Intelligence Director or 

15 his designee; 

16 (H) such other Federal officials as the 

17 President shall designate; 

18 (I) representatives of State, tribal, and 

19 local governments, to be appointed by the Presi20 dent; and 

21 (J) individuals who are employed in private 

22 businesses or nonprofit organizations that own 

23 or operate critical infrastructure, to be ap24 pointed by the President. 
142

•S 2845 PCS 

1 (3) RESPONSIBILITIES.—The Executive Council 

2 shall assist the Director of Management and Budget 

3 in—

4 (A) implementing and managing the Net5 work; 

6 (B) developing policies, procedures, guide7 lines, rules, and standards necessary to estab8 lish and implement the Network; 

9 (C) ensuring there is coordination among 

10 departments and agencies participating in the 

11 Network in the development and implementa12 tion of the Network; 

13 (D) reviewing, on an ongoing basis, poli14 cies, procedures, guidelines, rules, and stand15 ards related to the implementation of the Net16 work; 

17 (E) establishing a dispute resolution proc18 ess to resolve disagreements among depart19 ments and agencies about whether particular 

20 information should be shared and in what man21 ner; and 

22 (F) considering such reports as are sub23 mitted by the Advisory Board on Information 

24 Sharing under subsection (i)(2). 
143

•S 2845 PCS 

1 (4) INAPPLICABILITY OF FEDERAL ADVISORY

2 COMMITTEE ACT.—The Council shall not be subject 

3 to the requirements of the Federal Advisory Com4 mittee Act (5 U.S.C. App.). 

5 (5) REPORTS.—Not later than 1 year after the 

6 date of the enactment of this Act, and annually 

7 thereafter, the Director of Management and Budget, 

8 in the capacity of Chair of the Executive Council, 

9 shall submit a report to the President and to Con10 gress that shall include—

11 (A) a description of the activities and ac12 complishments of the Council in the preceding 

13 year; and 

14 (B) the number and dates of the meetings 

15 held by the Council and a list of attendees at 

16 each meeting. 

17 (6) INFORMING THE PUBLIC.—The Executive 

18 Council shall—

19 (A) make its reports to Congress available 

20 to the public to the greatest extent that is con21 sistent with the protection of classified informa22 tion and applicable law; and 

23 (B) otherwise inform the public of its ac24 tivities, as appropriate and in a manner con-
144

•S 2845 PCS 

1 sistent with the protection of classified informa2 tion and applicable law. 

3 (i) ADVISORY BOARD ON INFORMATION SHARING.—

4 (1) ESTABLISHMENT.—There is established an 

5 Advisory Board on Information Sharing to advise 

6 the President and the Executive Council on policy, 

7 technical, and management issues related to the de8 sign and operation of the Network. 

9 (2) RESPONSIBILITIES.—The Advisory Board 

10 shall advise the Executive Council on policy, tech11 nical, and management issues related to the design 

12 and operation of the Network. At the request of the 

13 Executive Council, or the Director of Management 

14 and Budget in the capacity as Chair of the Execu15 tive Council, or on its own initiative, the Advisory 

16 Board shall submit reports to the Executive Council 

17 concerning the findings and recommendations of the 

18 Advisory Board regarding the design and operation 

19 of the Network. 

20 (3) MEMBERSHIP AND QUALIFICATIONS.—The 

21 Advisory Board shall be composed of no more than 

22 15 members, to be appointed by the President from 

23 outside the Federal Government. The members of 

24 the Advisory Board shall have significant experience 

25 or expertise in policy, technical and operational mat-
145

•S 2845 PCS 

1 ters, including issues of security, privacy, or civil lib2 erties, and shall be selected solely on the basis of 

3 their professional qualifications, achievements, public 

4 stature and relevant experience. 

5 (4) CHAIR.—The President shall designate one 

6 of the members of the Advisory Board to act as 

7 chair of the Advisory Board. 

8 (5) ADMINISTRATIVE SUPPORT.—The Office of 

9 Management and Budget shall provide administra10 tive support for the Advisory Board. 

11 (j) REPORTS.—

12 (1) IN GENERAL.—Not later than 1 year after 

13 the date of the enactment of this Act, and semiannu14 ally thereafter, the President through the Director of 

15 Management and Budget shall submit a report to 

16 Congress on the state of the Network and of infor17 mation sharing across the Federal Government. 

18 (2) CONTENT.—Each report under this sub19 section shall include—

20 (A) a progress report on the extent to 

21 which the Network has been implemented, in22 cluding how the Network has fared on the gov23 ernment-wide and agency-specific performance 

24 measures and whether the performance goals 

25 set in the preceding year have been met; 
146

•S 2845 PCS 

1 (B) objective systemwide performance 

2 goals for the following year; 

3 (C) an accounting of how much was spent 

4 on the Network in the preceding year; 

5 (D) actions taken to ensure that agencies 

6 procure new technology that is consistent with 

7 the Network and information on whether new 

8 systems and technology are consistent with the 

9 Network; 

10 (E) the extent to which, in appropriate cir11 cumstances, all terrorism watch lists are avail12 able for combined searching in real time 

13 through the Network and whether there are 

14 consistent standards for placing individuals on, 

15 and removing individuals from, the watch lists, 

16 including the availability of processes for cor17 recting errors; 

18 (F) the extent to which unnecessary road19 blocks, impediments, or disincentives to infor20 mation sharing, including the inappropriate use 

21 of paper-only intelligence products and require22 ments for originator approval, have been elimi23 nated; 

24 (G) the extent to which positive incentives 

25 for information sharing have been implemented; 
147

•S 2845 PCS 

1 (H) the extent to which classified informa2 tion is also made available through the Net3 work, in whole or in part, in unclassified form; 

4 (I) the extent to which State, tribal, and 

5 local officials—

6 (i) are participating in the Network; 

7 (ii) have systems which have become 

8 integrated into the Network; 

9 (iii) are providing as well as receiving 

10 information; and 

11 (iv) are using the Network to commu12 nicate with each other; 

13 (J) the extent to which—

14 (i) private sector data, including infor15 mation from owners and operators of crit16 ical infrastructure, is incorporated in the 

17 Network; and 

18 (ii) the private sector is both pro19 viding and receiving information; 

20 (K) where private sector data has been 

21 used by the Government or has been incor22 porated into the Network—

23 (i) the measures taken to protect sen24 sitive business information; and 
148

•S 2845 PCS 

1 (ii) where the data involves informa2 tion about individuals, the measures taken 

3 to ensure the accuracy of such data; 

4 (L) the measures taken by the Federal 

5 Government to ensure the accuracy of other in6 formation on the Network and, in particular, 

7 the accuracy of information about individuals; 

8 (M) an assessment of the Network’s pri9 vacy and civil liberties protections, including ac10 tions taken in the preceding year to implement 

11 or enforce privacy and civil liberties protections 

12 and a report of complaints received about inter13 ference with an individual’s privacy or civil lib14 erties; and 

15 (N) an assessment of the security protec16 tions of the Network. 

17 (k) AGENCY RESPONSIBILITIES.—The head of each 

18 department or agency possessing or using intelligence or 

19 homeland security information or otherwise participating 

20 in the Network shall—

21 (1) ensure full department or agency compli22 ance with information sharing policies, procedures, 

23 guidelines, rules, and standards established for the 

24 Network under subsections (c) and (g); 
149

•S 2845 PCS 

1 (2) ensure the provision of adequate resources 

2 for systems and activities supporting operation of 

3 and participation in the Network; and 

4 (3) ensure full agency or department coopera5 tion in the development of the Network and associ6 ated enterprise architecture to implement govern7 mentwide information sharing, and in the manage8 ment and acquisition of information technology con9 sistent with applicable law. 

10 (l) AGENCY PLANS AND REPORTS.—Each Federal 

11 department or agency that possesses or uses intelligence 

12 and homeland security information, operates a system in 

13 the Network or otherwise participates, or expects to par14 ticipate, in the Network, shall submit to the Director of 

15 Management and Budget—

16 (1) not later than 1 year after the date of the 

17 enactment of this Act, a report including—

18 (A) a strategic plan for implementation of 

19 the Network’s requirements within the depart20 ment or agency; 

21 (B) objective performance measures to as22 sess the progress and adequacy of the depart23 ment or agency’s information sharing efforts; 

24 and 
150

•S 2845 PCS 

1 (C) budgetary requirements to integrate 

2 the agency into the Network, including pro3 jected annual expenditures for each of the fol4 lowing 5 years following the submission of the 

5 report; and 

6 (2) annually thereafter, reports including—

7 (A) an assessment of the progress of the 

8 department or agency in complying with the 

9 Network’s requirements, including how well the 

10 agency has performed on the objective measures 

11 developed under paragraph (1)(B); 

12 (B) the agency’s expenditures to imple13 ment and comply with the Network’s require14 ments in the preceding year; and 

15 (C) the agency’s or department’s plans for 

16 further implementation of the Network in the 

17 year following the submission of the report. 

18 (m) PERIODIC ASSESSMENTS.—

19 (1) COMPTROLLER GENERAL.—

20 (A) IN GENERAL.—Not later than 1 year 

21 after the date of the enactment of this Act, and 

22 periodically thereafter, the Comptroller General 

23 shall evaluate the implementation of the Net24 work, both generally and, at the discretion of 

25 the Comptroller General, within specific depart-
151

•S 2845 PCS 

1 ments and agencies, to determine the extent of 

2 compliance with the Network’s requirements 

3 and to assess the effectiveness of the Network 

4 in improving information sharing and collabora5 tion and in protecting privacy and civil liberties, 

6 and shall report to Congress on the findings of 

7 the Comptroller General. 

8 (B) INFORMATION AVAILABLE TO THE

9 COMPTROLLER GENERAL.—Upon request by the 

10 Comptroller General, information relevant to an 

11 evaluation under subsection (a) shall be made 

12 available to the Comptroller General under sec13 tion 716 of title 31, United States Code. 

14 (C) CONSULTATION WITH CONGRESSIONAL

15 COMMITTEES.—If a record is not made avail16 able to the Comptroller General within a rea17 sonable time, before the Comptroller General 

18 files a report under section 716(b)(1) of title 

19 31, United States Code, the Comptroller Gen20 eral shall consult with the Select Committee on 

21 Intelligence of the Senate, the Permanent Se22 lect Committee on Intelligence of the House of 

23 Representatives, the Committee on Govern24 mental Affairs of the Senate, and the Com25 mittee on Government Reform of the House of 
152

•S 2845 PCS 

1 Representatives concerning the Comptroller’s 

2 intent to file a report. 

3 (2) INSPECTORS GENERAL.—The Inspector 

4 General in any Federal department or agency that 

5 possesses or uses intelligence or homeland security 

6 information or that otherwise participates in the 

7 Network shall, at the discretion of the Inspector 

8 General—

9 (A) conduct audits or investigations to—

10 (i) determine the compliance of that 

11 department or agency with the Network’s 

12 requirements; and 

13 (ii) assess the effectiveness of that de14 partment or agency in improving informa15 tion sharing and collaboration and in pro16 tecting privacy and civil liberties; and 

17 (B) issue reports on such audits and inves18 tigations. 

19 (n) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated—

21 (1) $50,000,000 to the Director of Management 

22 and Budget to carry out this section for fiscal year 

23 2005; and 

24 (2) such sums as are necessary to carry out this 

25 section in each fiscal year thereafter, to be disbursed 
153

•S 2845 PCS 

1 and allocated in accordance with the Network imple2 mentation plan required by subsection (f). 

3 Subtitle B—Privacy and Civil 

4 Liberties 

5 SEC. 211. PRIVACY AND CIVIL LIBERTIES OVERSIGHT 

6 BOARD. 

7 (a) IN GENERAL.—There is established within the 

8 Executive Office of the President a Privacy and Civil Lib9 erties Oversight Board (referred to in this subtitle as the 

10 ‘‘Board’’). 

11 (b) FINDINGS.—Consistent with the report of the Na12 tional Commission on Terrorist Attacks Upon the United 

13 States, Congress makes the following findings: 

14 (1) In conducting the war on terrorism, the 

15 Government may need additional powers and may 

16 need to enhance the use of its existing powers. 

17 (2) This shift of power and authority to the 

18 Government calls for an enhanced system of checks 

19 and balances to protect the precious liberties that 

20 are vital to our way of life and to ensure that the 

21 Government uses its powers for the purposes for 

22 which the powers were given. 

23 (c) PURPOSE.—The Board shall—
154

•S 2845 PCS 

1 (1) analyze and review actions the executive 

2 branch takes to protect the Nation from terrorism; 

3 and 

4 (2) ensure that liberty concerns are appro5 priately considered in the development and imple6 mentation of laws, regulations, and policies related 

7 to efforts to protect the Nation against terrorism. 

8 (d) FUNCTIONS.—

9 (1) ADVICE AND COUNSEL ON POLICY DEVEL10 OPMENT AND IMPLEMENTATION.—The Board 

11 shall—

12 (A) review proposed legislation, regula13 tions, and policies related to efforts to protect 

14 the Nation from terrorism, including the devel15 opment and adoption of information sharing 

16 guidelines under section 205(g); 

17 (B) review the implementation of new and 

18 existing legislation, regulations, and policies re19 lated to efforts to protect the Nation from ter20 rorism, including the implementation of infor21 mation sharing guidelines under section 205(g); 

22 (C) advise the President and the depart23 ments, agencies, and elements of the executive 

24 branch to ensure that privacy and civil liberties 

25 are appropriately considered in the development 
155

•S 2845 PCS 

1 and implementation of such legislation, regula2 tions, policies, and guidelines; and 

3 (D) in providing advice on proposals to re4 tain or enhance a particular governmental 

5 power, consider whether the department, agen6 cy, or element of the executive branch has ex7 plained—

8 (i) that the power actually materially 

9 enhances security; 

10 (ii) that there is adequate supervision 

11 of the use by the executive branch of the 

12 power to ensure protection of privacy and 

13 civil liberties; and 

14 (iii) that there are adequate guidelines 

15 and oversight to properly confine its use. 

16 (2) OVERSIGHT.—The Board shall continually 

17 review—

18 (A) the regulations, policies, and proce19 dures, and the implementation of the regula20 tions, policies, and procedures, of the depart21 ments, agencies, and elements of the executive 

22 branch to ensure that privacy and civil liberties 

23 are protected; 

24 (B) the information sharing practices of 

25 the departments, agencies, and elements of the 
156

•S 2845 PCS 

1 executive branch to determine whether they ap2 propriately protect privacy and civil liberties 

3 and adhere to the information sharing guide4 lines prescribed under section 205(g) and to 

5 other governing laws, regulations, and policies 

6 regarding privacy and civil liberties; and 

7 (C) other actions by the executive branch 

8 related to efforts to protect the Nation from 

9 terrorism to determine whether such actions—

10 (i) appropriately protect privacy and 

11 civil liberties; and 

12 (ii) are consistent with governing 

13 laws, regulations, and policies regarding 

14 privacy and civil liberties. 

15 (3) RELATIONSHIP WITH PRIVACY AND CIVIL

16 LIBERTIES OFFICERS.—The Board shall—

17 (A) review and assess reports and other in18 formation from privacy officers and civil lib19 erties officers described in section 212; 

20 (B) when appropriate, make recommenda21 tions to such privacy officers and civil liberties 

22 officers regarding their activities; and 

23 (C) when appropriate, coordinate the ac24 tivities of such privacy officers and civil liberties 

25 officers on relevant interagency matters. 
157

•S 2845 PCS 

1 (4) TESTIMONY.—The Members of the Board 

2 shall appear and testify before Congress upon re3 quest. 

4 (e) REPORTS.—

5 (1) IN GENERAL.—The Board shall—

6 (A) receive and review reports from privacy 

7 officers and civil liberties officers described in 

8 section 212; and 

9 (B) periodically submit, not less than semi10 annually, reports—

11 (i)(I) to the appropriate committees of 

12 Congress, including the Committees on the 

13 Judiciary of the Senate and the House of 

14 Representatives, the Committee on Govern15 mental Affairs of the Senate, the Com16 mittee on Government Reform of the 

17 House of Representatives, the Select Com18 mittee on Intelligence of the Senate, and 

19 the Permanent Select Committee on Intel20 ligence of the House of Representatives; 

21 and 

22 (II) to the President; and 

23 (ii) which shall be in unclassified form 

24 to the greatest extent possible, with a clas25 sified annex where necessary. 
158

•S 2845 PCS 

1 (2) CONTENTS.—Not less than 2 reports sub2 mitted each year under paragraph (1)(B) shall in3 clude—

4 (A) a description of the major activities of 

5 the Board during the preceding period; and 

6 (B) information on the findings, conclu7 sions, and recommendations of the Board re8 sulting from its advice and oversight functions 

9 under subsection (d). 

10 (f) INFORMING THE PUBLIC.—The Board 

11 shall—

12 (1) make its reports, including its reports to 

13 Congress, available to the public to the greatest ex14 tent that is consistent with the protection of classi15 fied information and applicable law; and 

16 (2) hold public hearings and otherwise inform 

17 the public of its activities, as appropriate and in a 

18 manner consistent with the protection of classified 

19 information and applicable law. 

20 (g) ACCESS TO INFORMATION.—

21 (1) AUTHORIZATION.—If determined by the 

22 Board to be necessary to carry out its responsibil23 ities under this section, the Board is authorized to—

24 (A) have access from any department, 

25 agency, or element of the executive branch, or 
159

•S 2845 PCS 

1 any Federal officer or employee, to all relevant 

2 records, reports, audits, reviews, documents, pa3 pers, recommendations, or other relevant mate4 rial, including classified information consistent 

5 with applicable law; 

6 (B) interview, take statements from, or 

7 take public testimony from personnel of any de8 partment, agency, or element of the executive 

9 branch, or any Federal officer or employee; 

10 (C) request information or assistance from 

11 any State, tribal, or local government; and 

12 (D) require, by subpoena issued at the di13 rection of a majority of the members of the 

14 Board, persons (other than departments, agen15 cies, and elements of the executive branch) to 

16 produce any relevant information, documents, 

17 reports, answers, records, accounts, papers, and 

18 other documentary or testimonial evidence. 

19 (2) ENFORCEMENT OF SUBPOENA.—In the case 

20 of contumacy or failure to obey a subpoena issued 

21 under paragraph (1)(D), the United States district 

22 court for the judicial district in which the subpoe23 naed person resides, is served, or may be found may 

24 issue an order requiring such person to produce the 

25 evidence required by such subpoena. 
160

•S 2845 PCS 

1 (3) AGENCY COOPERATION.—Whenever infor2 mation or assistance requested under subparagraph 

3 (A) or (B) of paragraph (1) is, in the judgment of 

4 the Board, unreasonably refused or not provided, the 

5 Board shall report the circumstances to the head of 

6 the department, agency, or element concerned with7 out delay. The head of the department, agency, or 

8 element concerned shall ensure that the Board is 

9 given access to the information, assistance, material, 

10 or personnel the Board determines to be necessary 

11 to carry out its functions. 

12 (h) MEMBERSHIP.—

13 (1) MEMBERS.—The Board shall be composed 

14 of a full-time chairman and 4 additional members, 

15 who shall be appointed by the President, by and 

16 with the advice and consent of the Senate. 

17 (2) QUALIFICATIONS.—Members of the Board 

18 shall be selected solely on the basis of their profes19 sional qualifications, achievements, public stature, 

20 expertise in civil liberties and privacy, and relevant 

21 experience, and without regard to political affiliation, 

22 but in no event shall more than 3 members of the 

23 Board be members of the same political party. 

24 (3) INCOMPATIBLE OFFICE.—An individual ap25 pointed to the Board may not, while serving on the 
161

•S 2845 PCS 

1 Board, be an elected official, officer, or employee of 

2 the Federal Government, other than in the capacity 

3 as a member of the Board. 

4 (4) TERM.—Each member of the Board shall 

5 serve a term of six years, except that—

6 (A) a member appointed to a term of office 

7 after the commencement of such term may 

8 serve under such appointment only for the re9 mainder of such term; 

10 (B) upon the expiration of the term of of11 fice of a member, the member shall continue to 

12 serve until the member’s successor has been ap13 pointed and qualified, except that no member 

14 may serve under this subparagraph—

15 (i) for more than 60 days when Con16 gress is in session unless a nomination to 

17 fill the vacancy shall have been submitted 

18 to the Senate; or 

19 (ii) after the adjournment sine die of 

20 the session of the Senate in which such 

21 nomination is submitted; and 

22 (C) the members initially appointed under 

23 this subsection shall serve terms of two, three, 

24 four, five, and six years, respectively, from the 
162

•S 2845 PCS 

1 effective date of this Act, with the term of each 

2 such member to be designated by the President. 

3 (5) QUORUM AND MEETINGS.—After its initial 

4 meeting, the Board shall meet upon the call of the 

5 chairman or a majority of its members. Three mem6 bers of the Board shall constitute a quorum. 

7 (i) COMPENSATION AND TRAVEL EXPENSES.—

8 (1) COMPENSATION.—

9 (A) CHAIRMAN.—The chairman shall be 

10 compensated at the rate of pay payable for a 

11 position at level III of the Executive Schedule 

12 under section 5314 of title 5, United States 

13 Code. 

14 (B) MEMBERS.—Each member of the 

15 Board shall be compensated at a rate of pay 

16 payable for a position at level IV of the Execu17 tive Schedule under section 5315 of title 5, 

18 United States Code, for each day during which 

19 that member is engaged in the actual perform20 ance of the duties of the Board. 

21 (2) TRAVEL EXPENSES.—Members of the 

22 Board shall be allowed travel expenses, including per 

23 diem in lieu of subsistence, at rates authorized for 

24 persons employed intermittently by the Government 

25 under section 5703(b) of title 5, United States Code, 
163

•S 2845 PCS 

1 while away from their homes or regular places of 

2 business in the performance of services for the 

3 Board. 

4 (j) STAFF.—

5 (1) APPOINTMENT AND COMPENSATION.—The 

6 Chairman, in accordance with rules agreed upon by 

7 the Board, shall appoint and fix the compensation of 

8 a full-time executive director and such other per9 sonnel as may be necessary to enable the Board to 

10 carry out its functions, without regard to the provi11 sions of title 5, United States Code, governing ap12 pointments in the competitive service, and without 

13 regard to the provisions of chapter 51 and sub14 chapter III of chapter 53 of such title relating to 

15 classification and General Schedule pay rates, except 

16 that no rate of pay fixed under this subsection may 

17 exceed the equivalent of that payable for a position 

18 at level V of the Executive Schedule under section 

19 5316 of title 5, United States Code. 

20 (2) DETAILEES.—Any Federal employee may 

21 be detailed to the Board without reimbursement 

22 from the Board, and such detailee shall retain the 

23 rights, status, and privileges of the detailee’s regular 

24 employment without interruption. 
164

•S 2845 PCS 

1 (3) CONSULTANT SERVICES.—The Board may 

2 procure the temporary or intermittent services of ex3 perts and consultants in accordance with section 

4 3109 of title 5, United States Code, at rates that do 

5 not exceed the daily rate paid a person occupying a 

6 position at level IV of the Executive Schedule under 

7 section 5315 of such title. 

8 (k) SECURITY CLEARANCES.—The appropriate de9 partments, agencies, and elements of the executive branch 

10 shall cooperate with the Board to expeditiously provide the 

11 Board members and staff with appropriate security clear12 ances to the extent possible under existing procedures and 

13 requirements. 

14 (l) TREATMENT AS AGENCY, NOT AS ADVISORY COM15 MITTEE.—The Board—

16 (1) is an agency (as defined in section 551(1) 

17 of title 5, United States Code); and 

18 (2) is not an advisory committee (as defined in 

19 section 3(2) of the Federal Advisory Committee Act 

20 (5 U.S.C. App.)). 

21 SEC. 212. PRIVACY AND CIVIL LIBERTIES OFFICERS. 

22 (a) DESIGNATION AND FUNCTIONS.—The Attorney 

23 General, the Secretary of Defense, the Secretary of State, 

24 the Secretary of the Treasury, the Secretary of Health and 

25 Human Services, the Secretary of Homeland Security, the 
165

•S 2845 PCS 

1 National Intelligence Director, the Director of the Central 

2 Intelligence Agency, and the head of any other depart3 ment, agency, or element of the executive branch des4 ignated by the Privacy and Civil Liberties Oversight 

5 Board to be appropriate for coverage under this section 

6 shall designate not less than 1 senior officer to—

7 (1) assist the head of such department, agency, 

8 or element and other officials of such department, 

9 agency, or element in appropriately considering pri10 vacy and civil liberties concerns when such officials 

11 are proposing, developing, or implementing laws, 

12 regulations, policies, procedures, or guidelines re13 lated to efforts to protect the Nation against ter14 rorism; 

15 (2) periodically investigate and review depart16 ment, agency, or element actions, policies, proce17 dures, guidelines, and related laws and their imple18 mentation to ensure that such department, agency, 

19 or element is adequately considering privacy and 

20 civil liberties in its actions; 

21 (3) ensure that such department, agency, or 

22 element has adequate procedures to receive, inves23 tigate, respond to, and redress complaints from indi24 viduals who allege such department, agency, or ele25 ment has violated their privacy or civil liberties; and 
166

•S 2845 PCS 

1 (4) in providing advice on proposals to retain or 

2 enhance a particular governmental power the officer 

3 shall consider whether such department, agency, or 

4 element has explained—

5 (i) that the power actually materially 

6 enhances security; 

7 (ii) that there is adequate supervision 

8 of the use by such department, agency, or 

9 element of the power to ensure protection 

10 of privacy and civil liberties; and 

11 (iii) that there are adequate guidelines 

12 and oversight to properly confine its use. 

13 (b) EXCEPTION TO DESIGNATION AUTHORITY.—

14 (1) PRIVACY OFFICERS.—In any department, 

15 agency, or element referred to in subsection (a) or 

16 designated by the Board, which has a statutorily 

17 created privacy officer, such officer shall perform the 

18 functions specified in subsection (a) with respect to 

19 privacy. 

20 (2) CIVIL LIBERTIES OFFICERS.—In any de21 partment, agency, or element referred to in sub22 section (a) or designated by the Board, which has a 

23 statutorily created civil liberties officer, such officer 

24 shall perform the functions specified in subsection 

25 (a) with respect to civil liberties. 
167

•S 2845 PCS 

1 (c) SUPERVISION AND COORDINATION.—Each pri2 vacy officer or civil liberties officer described in subsection 

3 (a) or (b) shall—

4 (1) report directly to the head of the depart5 ment, agency, or element concerned; and 

6 (2) coordinate their activities with the Inspector 

7 General of such department, agency, or element to 

8 avoid duplication of effort. 

9 (d) AGENCY COOPERATION.—The head of each de10 partment, agency, or element shall ensure that each pri11 vacy officer and civil liberties officer—

12 (1) has the information, material, and resources 

13 necessary to fulfill the functions of such officer; 

14 (2) is advised of proposed policy changes; 

15 (3) is consulted by decision makers; and 

16 (4) is given access to material and personnel 

17 the officer determines to be necessary to carry out 

18 the functions of such officer. 

19 (e) REPRISAL FOR MAKING COMPLAINT.—No action 

20 constituting a reprisal, or threat of reprisal, for making 

21 a complaint or for disclosing information to a privacy offi22 cer or civil liberties officer described in subsection (a) or 

23 (b), or to the Privacy and Civil Liberties Oversight Board, 

24 that indicates a possible violation of privacy protections 

25 or civil liberties in the administration of the programs and 
168

•S 2845 PCS 

1 operations of the Federal Government relating to efforts 

2 to protect the Nation from terrorism shall be taken by 

3 any Federal employee in a position to take such action, 

4 unless the complaint was made or the information was dis5 closed with the knowledge that it was false or with willful 

6 disregard for its truth or falsity. 

7 (f) PERIODIC REPORTS.—

8 (1) IN GENERAL.—The privacy officers and civil 

9 liberties officers of each department, agency, or ele10 ment referred to or described in subsection (a) or 

11 (b) shall periodically, but not less than quarterly, 

12 submit a report on the activities of such officers—

13 (A)(i) to the appropriate committees of 

14 Congress, including the Committees on the Ju15 diciary of the Senate and the House of Rep16 resentatives, the Committee on Governmental 

17 Affairs of the Senate, the Committee on Gov18 ernment Reform of the House of Representa19 tives, the Select Committee on Intelligence of 

20 the Senate, and the Permanent Select Com21 mittee on Intelligence of the House of Rep22 resentatives; 

23 (ii) to the head of such department, agen24 cy, or element; and 
169

•S 2845 PCS 

1 (iii) to the Privacy and Civil Liberties 

2 Oversight Board; and 

3 (B) which shall be in unclassified form to 

4 the greatest extent possible, with a classified 

5 annex where necessary. 

6 (2) CONTENTS.—Each report submitted under 

7 paragraph (1) shall include information on the dis8 charge of each of the functions of the officer con9 cerned, including—

10 (A) information on the number and types 

11 of reviews undertaken; 

12 (B) the type of advice provided and the re13 sponse given to such advice; 

14 (C) the number and nature of the com15 plaints received by the department, agency, or 

16 element concerned for alleged violations; and 

17 (D) a summary of the disposition of such 

18 complaints, the reviews and inquiries conducted, 

19 and the impact of the activities of such officer. 

20 (g) INFORMING THE PUBLIC.—Each privacy officer 

21 and civil liberties officer shall—

22 (1) make the reports of such officer, including 

23 reports to Congress, available to the public to the 

24 greatest extent that is consistent with the protection 

25 of classified information and applicable law; and 
170

•S 2845 PCS 

1 (2) otherwise inform the public of the activities 

2 of such officer, as appropriate and in a manner con3 sistent with the protection of classified information 

4 and applicable law. 

5 (h) SAVINGS CLAUSE.—Nothing in this section shall 

6 be construed to limit or otherwise supplant any other au7 thorities or responsibilities provided by law to privacy offi8 cers or civil liberties officers. 

9 Subtitle C—Independence of 

10 Intelligence Agencies 

11 SEC. 221. INDEPENDENCE OF NATIONAL INTELLIGENCE DI12 RECTOR. 

13 (a) LOCATION OUTSIDE EXECUTIVE OFFICE OF THE

14 PRESIDENT.—The National Intelligence Director shall not 

15 be located within the Executive Office of the President. 

16 (b) PROVISION OF NATIONAL INTELLIGENCE.—The 

17 National Intelligence Director shall provide to the Presi18 dent and Congress national intelligence that is timely, ob19 jective, and independent of political considerations, and 

20 has not been shaped to serve policy goals. 

21 SEC. 222. INDEPENDENCE OF INTELLIGENCE. 

22 (a) DIRECTOR OF NATIONAL COUNTERTERRORISM

23 CENTER.—The Director of the National Counterterrorism 

24 Center shall provide to the President, Congress, and the 

25 National Intelligence Director national intelligence related 
171

•S 2845 PCS 

1 to counterterrorism that is timely, objective, and inde2 pendent of political considerations, and has not been 

3 shaped to serve policy goals. 

4 (b) DIRECTORS OF NATIONAL INTELLIGENCE CEN5 TERS.—Each Director of a national intelligence center es6 tablished under section 144 shall provide to the President, 

7 Congress, and the National Intelligence Director intel8 ligence information that is timely, objective, and inde9 pendent of political considerations, and has not been 

10 shaped to serve policy goals. 

11 (c) DIRECTOR OF CENTRAL INTELLIGENCE AGEN12 CY.—The Director of the Central Intelligence Agency shall 

13 ensure that intelligence produced by the Central Intel14 ligence Agency is objective and independent of political 

15 considerations, and has not been shaped to serve policy 

16 goals. 

17 (d) NATIONAL INTELLIGENCE COUNCIL.—The Na18 tional Intelligence Council shall produce national intel19 ligence estimates for the United States Government that 

20 are timely, objective, and independent of political consider21 ations, and have not been shaped to serve policy goals. 
172

•S 2845 PCS 

1 SEC. 223. INDEPENDENCE OF NATIONAL 

2 COUNTERTERRORISM CENTER. 

3 No officer, department, agency, or element of the ex4 ecutive branch shall have any authority to require the Di5 rector of the National Counterterrorism Center—

6 (1) to receive permission to testify before Con7 gress; or 

8 (2) to submit testimony, legislative rec9 ommendations, or comments to any officer or agency 

10 of the United States for approval, comments, or re11 view prior to the submission of such recommenda12 tions, testimony, or comments to Congress if such 

13 recommendations, testimony, or comments include a 

14 statement indicating that the views expressed there15 in are those of the agency submitting them and do 

16 not necessarily represent the views of the Adminis17 tration. 

18 SEC. 224. ACCESS OF CONGRESSIONAL COMMITTEES TO 

19 NATIONAL INTELLIGENCE. 

20 (a) DOCUMENTS REQUIRED TO BE PROVIDED TO

21 CONGRESSIONAL COMMITTEES.—The National Intel22 ligence Director, the Director of the National 

23 Counterterrorism Center, and the Director of a national 

24 intelligence center shall provide to the Select Committee 

25 on Intelligence of the Senate, the Permanent Select Com26 mittee on Intelligence of the House of Representatives, 
173

•S 2845 PCS 

1 and any other committee of Congress with jurisdiction 

2 over the subject matter to which the information relates, 

3 all intelligence assessments, intelligence estimates, sense 

4 of intelligence community memoranda, and daily senior ex5 ecutive intelligence briefs, other than the Presidential 

6 Daily Brief and those reports prepared exclusively for the 

7 President. 

8 (b) RESPONSE TO REQUESTS FROM CONGRESS RE9 QUIRED.—

10 (1) IN GENERAL.—Except as provided in para11 graph (2), in addition to providing material under 

12 subsection (a), the National Intelligence Director, 

13 the Director of the National Counterterrorism Cen14 ter, or the Director of a national intelligence center 

15 shall, not later than 15 days after receiving a re16 quest for any intelligence assessment, report, or esti17 mate or other intelligence information from the Se18 lect Committee on Intelligence of the Senate, the 

19 Permanent Select Committee on Intelligence of the 

20 House of Representatives, or any other committee of 

21 Congress with jurisdiction over the subject matter to 

22 which the information relates, make available to 

23 such committee such intelligence assessment, report, 

24 or estimate or other intelligence information. 
174

•S 2845 PCS 

1 (2) CERTAIN MEMBERS.—In addition to re2 quests described in paragraph (1), the National In3 telligence Director shall respond to requests from 

4 the Chairman and Vice Chairman of the Select Com5 mittee on Intelligence of the Senate and the Chair6 man and Ranking Member of the Permanent Select 

7 Committee on Intelligence of the House of Rep8 resentatives. Upon making a request covered by this 

9 paragraph, the Chairman, Vice Chairman, or Rank10 ing Member, as the case may be, of such committee 

11 shall notify the other of the Chairman, Vice Chair12 man, or Ranking Member, as the case may be, of 

13 such committee of such request. 

14 (3) ASSERTIONS OF PRIVILEGE.—In response 

15 to requests described under paragraph (1) or (2), 

16 the National Intelligence Director, the Director of 

17 the National Counterterrorism Center, or the Direc18 tor of a national intelligence center shall provide in19 formation, unless the President certifies that such 

20 information is not being provided because the Presi21 dent is asserting a privilege pursuant to the United 

22 States Constitution. 

23 SEC. 225. COMMUNICATIONS WITH CONGRESS. 

24 (a) DISCLOSURE OF CERTAIN INFORMATION AU25 THORIZED.—
175

•S 2845 PCS 

1 (1) IN GENERAL.—Employees of covered agen2 cies and employees of contractors carrying out ac3 tivities under classified contracts with covered agen4 cies may disclose information described in paragraph 

5 (2) to the individuals referred to in paragraph (3) 

6 without first reporting such information to the ap7 propriate Inspector General. 

8 (2) COVERED INFORMATION.—Paragraph (1) 

9 applies to information, including classified informa10 tion, that an employee reasonably believes provides 

11 direct and specific evidence of a false or inaccurate 

12 statement to Congress contained in, or withheld 

13 from Congress, any intelligence information material 

14 to, any intelligence assessment, report, or estimate, 

15 but does not apply to information the disclosure of 

16 which is prohibited by rule 6(e) of the Federal Rules 

17 of Criminal Procedure. 

18 (3) COVERED INDIVIDUALS.—

19 (A) IN GENERAL.—The individuals to 

20 whom information in paragraph (2) may be dis21 closed are—

22 (i) a Member of a committee of Con23 gress having primary responsibility for 

24 oversight of a department, agency, or ele25 ment of the United States Government to 
176

•S 2845 PCS 

1 which the disclosed information relates and 

2 who is authorized to receive information of 

3 the type disclosed; 

4 (ii) any other Member of Congress 

5 who is authorized to receive information of 

6 the type disclosed; and 

7 (iii) an employee of Congress who has 

8 the appropriate security clearance and is 

9 authorized to receive information of the 

10 type disclosed. 

11 (B) PRESUMPTION OF NEED FOR INFOR12 MATION.—An individual described in subpara13 graph (A) to whom information is disclosed 

14 under paragraph (2) shall be presumed to have 

15 a need to know such information. 

16 (b) CONSTRUCTION WITH OTHER REPORTING RE17 QUIREMENTS.—Nothing in this section may be construed 

18 to modify, alter, or otherwise affect—

19 (1) any reporting requirement relating to intel20 ligence activities that arises under this Act, the Na21 tional Security Act of 1947 (50 U.S.C. 401 et seq.), 

22 or any other provision of law; or 

23 (2) the right of any employee of the United 

24 States Government to disclose to Congress in ac-
177

•S 2845 PCS 

1 cordance with applicable law information not de2 scribed in this section. 

3 (c) COVERED AGENCIES DEFINED.—In this section, 

4 the term ‘‘covered agencies’’ means the following: 

5 (1) The National Intelligence Authority, includ6 ing the National Counterterrorism Center. 

7 (2) The Central Intelligence Agency. 

8 (3) The Defense Intelligence Agency. 

9 (4) The National Geospatial-Intelligence Agen10 cy. 

11 (5) The National Security Agency. 

12 (6) The Federal Bureau of Investigation. 

13 (7) Any other Executive agency, or element or 

14 unit thereof, determined by the President under sec15 tion 2302(a)(2)(C)(ii) of title 5, United States Code, 

16 to have as its principal function the conduct of for17 eign intelligence or counterintelligence activities. 
178

•S 2845 PCS 

1 TITLE III—MODIFICATIONS OF 

2 LAWS RELATING TO INTEL3 LIGENCE COMMUNITY MAN4 AGEMENT 

5 Subtitle A—Conforming and Other 

6 Amendments 

7 SEC. 301. RESTATEMENT AND MODIFICATION OF BASIC AU8 THORITY ON THE CENTRAL INTELLIGENCE 

9 AGENCY. 

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

11 Act of 1947 (50 U.S.C. 402 et seq.) is amended by strik12 ing sections 102 through 104 and inserting the following 

13 new sections: 

14 ‘‘CENTRAL INTELLIGENCE AGENCY

15 ‘‘SEC. 102. (a) CENTRAL INTELLIGENCE AGENCY.—

16 There is a Central Intelligence Agency. 

17 ‘‘(b) FUNCTION.—The function of the Central Intel18 ligence Agency is to assist the Director of the Central In19 telligence Agency in carrying out the responsibilities speci20 fied in section 103(d). 

21 ‘‘DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY

22 ‘‘SEC. 103. (a) DIRECTOR OF CENTRAL INTEL23 LIGENCE AGENCY.—There is a Director of the Central In24 telligence Agency who shall be appointed by the President, 

25 by and with the advice and consent of the Senate. 
179

•S 2845 PCS 

1 ‘‘(b) SUPERVISION.—The Director of the Central In2 telligence Agency shall report to the National Intelligence 

3 Director regarding the activities of the Director of the 

4 Central Intelligence Agency. 

5 ‘‘(c) DUTIES.—The Director of the Central Intel6 ligence Agency shall—

7 ‘‘(1) serve as the head of the Central Intel8 ligence Agency; and 

9 ‘‘(2) carry out the responsibilities specified in 

10 subsection (d). 

11 ‘‘(d) RESPONSIBILITIES.—The Director of the Cen12 tral Intelligence Agency shall—

13 ‘‘(1) collect intelligence through human sources 

14 and by other appropriate means, except that the Di15 rector of the Central Intelligence Agency shall have 

16 no police, subpoena, or law enforcement powers or 

17 internal security functions; 

18 ‘‘(2) correlate and evaluate intelligence related 

19 to the national security and provide appropriate dis20 semination of such intelligence; 

21 ‘‘(3) provide overall direction for and coordina22 tion of the collection of national intelligence outside 

23 the United States through human sources by ele24 ments of the intelligence community authorized to 

25 undertake such collection and, in coordination with 
180

•S 2845 PCS 

1 other departments, agencies, or elements of the 

2 United States Government which are authorized to 

3 undertake such collection, ensure that the most ef4 fective use is made of resources and that appropriate 

5 account is taken of the risks to the United States 

6 and those involved in such collection; and 

7 ‘‘(4) perform such other functions and duties 

8 pertaining to intelligence relating to the national se9 curity as the President or the National Intelligence 

10 Director may direct. 

11 ‘‘(e) TERMINATION OF EMPLOYMENT OF CIA EM12 PLOYEES.—(1) Notwithstanding the provisions of any 

13 other law, the Director of the Central Intelligence Agency 

14 may, in the discretion of the Director, terminate the em15 ployment of any officer or employee of the Central Intel16 ligence Agency whenever the Director considers the termi17 nation of employment of such officer or employee nec18 essary or advisable in the interests of the United States. 

19 ‘‘(2) Any termination of employment of an officer or 

20 employee under paragraph (1) shall not affect the right 

21 of the officer or employee to seek or accept employment 

22 in any other department, agency, or element of the United 

23 States Government if declared eligible for such employ24 ment by the Office of Personnel Management. 
181

•S 2845 PCS 

1 ‘‘(f) COORDINATION WITH FOREIGN GOVERN2 MENTS.—Under the direction of the National Intelligence 

3 Director and in a manner consistent with section 207 of 

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

5 Director of the Central Intelligence Agency shall coordi6 nate the relationships between elements of the intelligence 

7 community and the intelligence or security services of for8 eign governments on all matters involving intelligence re9 lated to the national security or involving intelligence ac10 quired through clandestine means.’’. 

11 (b) TRANSFORMATION OF CENTRAL INTELLIGENCE

12 AGENCY.—The Director of the Central Intelligence Agen13 cy shall, in accordance with standards developed by the 

14 Director in consultation with the National Intelligence Di15 rector—

16 (1) enhance the analytic, human intelligence, 

17 and other capabilities of the Central Intelligence 

18 Agency; 

19 (2) develop and maintain an effective language 

20 program within the Agency; 

21 (3) emphasize the hiring of personnel of diverse 

22 backgrounds for purposes of improving the capabili23 ties of the Agency; 

24 (4) establish and maintain effective relation25 ships between human intelligence and signals intel-
182

•S 2845 PCS 

1 ligence within the Agency at the operational level; 

2 and 

3 (5) achieve a more effective balance within the 

4 Agency with respect to unilateral operations and liai5 son operations. 

6 (c) REPORTS.—(1) Not later than 180 days after the 

7 effective date of this section, and annually thereafter, the 

8 Director of the Central Intelligence Agency shall submit 

9 to the National Intelligence Director and the congressional 

10 intelligence committees a report setting forth the fol11 lowing: 

12 (A) A strategy for improving the conduct of 

13 analysis (including strategic analysis) by the Central 

14 Intelligence Agency, and the progress of the Agency 

15 in implementing the strategy. 

16 (B) A strategy for improving the human intel17 ligence and other capabilities of the Agency, and the 

18 progress of the Agency in implementing the strategy, 

19 including—

20 (i) the recruitment, training, equipping, 

21 and deployment of personnel required to ad22 dress the current and projected threats to the 

23 national security of the United States during 

24 each of the 2-year, 5-year, and 10-year periods 

25 beginning on the date of such report, including 
183

•S 2845 PCS 

1 personnel with the backgrounds, education, and 

2 experience necessary for ensuring a human in3 telligence capability adequate for such projected 

4 threats; 

5 (ii) the achievement of a proper balance 

6 between unilateral operations and liaison oper7 ations; 

8 (iii) the development of language capabili9 ties (including the achievement of high stand10 ards in such capabilities by the use of financial 

11 incentives and other mechanisms); 

12 (iv) the sound financial management of the 

13 Directorate of Operations; and 

14 (v) the identification of other capabilities 

15 required to address the current and projected 

16 threats to the national security of the United 

17 States during each of the 2-year, 5-year, and 

18 10-year periods beginning on the date of such 

19 report. 

20 (C) In conjunction with the Director of the Na21 tional Security Agency, a strategy for achieving inte22 gration between signals and human intelligence ca23 pabilities, and the progress in implementing the 

24 strategy. 
184

•S 2845 PCS 

1 (D) Metrics and milestones for measuring 

2 progress in the implementation of each such strat3 egy. 

4 (2)(A) The information in each report under para5 graph (1) on the element of the strategy referred to in 

6 paragraph (1)(B)(i) shall identify the number and types 

7 of personnel required to implement the strategy during 

8 each period addressed in such report, include a plan for 

9 the recruitment, training, equipping, and deployment of 

10 such personal, and set forth an estimate of the costs of 

11 such activities. 

12 (B) If as of the date of a report under paragraph 

13 (1), a proper balance does not exist between unilateral op14 erations and liaison operations, such report shall set forth 

15 the steps to be taken to achieve such balance. 

16 (C) The information in each report under paragraph 

17 (1) on the element of the strategy referred to in paragraph 

18 (1)(B)(v) shall identify the other capabilities required to 

19 implement the strategy during each period addressed in 

20 such report, include a plan for developing such capabili21 ties, and set forth an estimate of the costs of such activi22 ties. 
185

•S 2845 PCS 

1 SEC. 302. CONFORMING AMENDMENTS RELATING TO 

2 ROLES OF NATIONAL INTELLIGENCE DIREC3 TOR AND DIRECTOR OF THE CENTRAL INTEL4 LIGENCE AGENCY. 

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

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

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

8 each place it appears in the following provisions and in9 serting ‘‘National Intelligence Director’’: 

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

11 (B) Section 101(h)(2)(A) (50 U.S.C. 

12 402(h)(2)(A)). 

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

14 (D) Section 101(i)(2)(A) (50 U.S.C. 

15 402(i)(2)(A)). 

16 (E) Section 101(j) (50 U.S.C. 402(j)). 

17 (F) Section 105(a) (50 U.S.C. 403–5(a)). 

18 (G) Section 105(b)(6)(A) (50 U.S.C. 403–

19 5(b)(6)(A)). 

20 (H) Section 105B(a)(1) (50 U.S.C. 403–

21 5b(a)(1)). 

22 (I) Section 105B(b) (50 U.S.C. 403–5b(b)). 

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

24 (K) Section 110(c) (50 U.S.C. 404e(c)). 

25 (L) Section 112(a)(1) (50 U.S.C. 404g(a)(1)). 

26 (M) Section 112(d)(1) (50 U.S.C. 404g(d)(1)). 
186

•S 2845 PCS 

1 (N) Section 113(b)(2)(A) (50 U.S.C. 

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

3 (O) Section 114(a)(1) (50 U.S.C. 404i(a)(1)). 

4 (P) Section 114(b)(1) (50 U.S.C. 404i(b)(1)). 

5 (R) Section 115(a)(1) (50 U.S.C. 404j(a)(1)). 

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

7 (T) Section 115(c)(1)(B) (50 U.S.C. 

8 404j(c)(1)(B)). 

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

10 (V) Section 117(a)(1) (50 U.S.C. 404l(a)(1)). 

11 (W) Section 303(a) (50 U.S.C. 405(a)), both 

12 places it appears. 

13 (X) Section 501(d) (50 U.S.C. 413(d)). 

14 (Y) Section 502(a) (50 U.S.C. 413a(a)). 

15 (Z) Section 502(c) (50 U.S.C. 413a(c)). 

16 (AA) Section 503(b) (50 U.S.C. 413b(b)). 

17 (BB) Section 504(a)(2) (50 U.S.C. 414(a)(2)). 

18 (CC) Section 504(a)(3)(C) (50 U.S.C. 

19 414(a)(3)(C)). 

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

21 (EE) Section 506A(a)(1) (50 U.S.C. 415a–

22 1(a)(1)). 

23 (FF) Section 603(a) (50 U.S.C. 423(a)). 

24 (GG) Section 702(a)(1) (50 U.S.C. 432(a)(1)). 
187

•S 2845 PCS 

1 (HH) Section 702(a)(6)(B)(viii) (50 U.S.C. 

2 432(a)(6)(B)(viii)). 

3 (II) Section 702(b)(1) (50 U.S.C. 432(b)(1)), 

4 both places it appears. 

5 (JJ) Section 703(a)(1) (50 U.S.C. 432a(a)(1)). 

6 (KK) Section 703(a)(6)(B)(viii) (50 U.S.C. 

7 432a(a)(6)(B)(viii)). 

8 (LL) Section 703(b)(1) (50 U.S.C. 432a(b)(1)), 

9 both places it appears. 

10 (MM) Section 704(a)(1) (50 U.S.C. 

11 432b(a)(1)). 

12 (NN) Section 704(f)(2)(H) (50 U.S.C. 

13 432b(f)(2)(H)). 

14 (OO) Section 704(g)(1)) (50 U.S.C. 

15 432b(g)(1)), both places it appears. 

16 (PP) Section 1001(a) (50 U.S.C. 441g(a)). 

17 (QQ) Section 1102(a)(1) (50 U.S.C. 

18 442a(a)(1)). 

19 (RR) Section 1102(b)(1) (50 U.S.C. 

20 442a(b)(1)). 

21 (SS) Section 1102(c)(1) (50 U.S.C. 

22 442a(c)(1)). 

23 (TT) Section 1102(d) (50 U.S.C. 442a(d)). 
188

•S 2845 PCS 

1 (2) That Act is further amended by striking ‘‘of Cen2 tral Intelligence’’ each place it appears in the following 

3 provisions: 

4 (A) Section 105(a)(2) (50 U.S.C. 403–5(a)(2)). 

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

6 5b(a)(2)). 

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

8 the second place it appears. 

9 (3) That Act is further amended by striking ‘‘Direc10 tor’’ each place it appears in the following provisions and 

11 inserting ‘‘National Intelligence Director’’: 

12 (A) Section 114(c) (50 U.S.C. 404i(c)). 

13 (B) Section 116(b) (50 U.S.C. 404k(b)). 

14 (C) Section 1001(b) (50 U.S.C. 441g(b)). 

15 (C) Section 1001(c) (50 U.S.C. 441g(c)), the 

16 first place it appears. 

17 (D) Section 1001(d)(1)(B) (50 U.S.C. 

18 441g(d)(1)(B)). 

19 (E) Section 1001(e) (50 U.S.C. 441g(e)), the 

20 first place it appears. 

21 (4) Section 114A of that Act (50 U.S.C. 404i–1) is 

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

23 and inserting ‘‘National Intelligence Director, the Director 

24 of the Central Intelligence Agency’’
189

•S 2845 PCS 

1 (5) Section 701 of that Act (50 U.S.C. 431) is 

2 amended—

3 (A) in subsection (a), by striking ‘‘Operational 

4 files of the Central Intelligence Agency may be ex5 empted by the Director of Central Intelligence’’ and 

6 inserting ‘‘The Director of the Central Intelligence 

7 Agency, with the coordination of the National Intel8 ligence Director, may exempt operational files of the 

9 Central Intelligence Agency’’; and 

10 (B) in subsection (g)(1), by striking ‘‘Director 

11 of Central Intelligence’’ and inserting ‘‘Director of 

12 the Central Intelligence Agency and the National In13 telligence Director’’. 

14 (6) The heading for section 114 of that Act (50 

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

16 ‘‘ADDITIONAL ANNUAL REPORTS FROM THE NATIONAL

17 INTELLIGENCE DIRECTOR’’. 

18 (b) CENTRAL INTELLIGENCE AGENCY ACT OF

19 1949.—(1) Section 1 of the Central Intelligence Agency 

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

21 (A) by redesignating paragraphs (a), (b), and 

22 (c) as paragraphs (1), (2), and (3), respectively; and 

23 (B) by striking paragraph (2), as so redesig24 nated, and inserting the following new paragraph 

25 (2): 
190

•S 2845 PCS 

1 ‘‘(2) ‘Director’ means the Director of the Central In2 telligence Agency; and’’. 

3 (2) That Act (50 U.S.C. 403a et seq.) is further 

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

5 each place it appears in the following provisions and in6 serting ‘‘National Intelligence Director’’: 

7 (A) Section 6 (50 U.S.C. 403g). 

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

9 places it appears. 

10 (3) That Act is further amended by striking ‘‘of Cen11 tral Intelligence’’ in each of the following provisions: 

12 (A) Section 2 (50 U.S.C. 403b). 

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

14 403p(c)(1)(B)). 

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

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

17 (4) That Act is further amended by striking ‘‘Direc18 tor of Central Intelligence’’ each place it appears in the 

19 following provisions and inserting ‘‘Director of the Central 

20 Intelligence Agency’’: 

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

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

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

24 both places it appears. 

25 (D) Section 21(g)(1) (50 U.S.C. 403u(g)(1)). 
191

•S 2845 PCS 

1 (E) Section 21(g)(2) (50 U.S.C. 403u(g)(2)). 

2 (c) CENTRAL INTELLIGENCE AGENCY RETIREMENT

3 ACT.—Section 101 of the Central Intelligence Agency Re4 tirement Act (50 U.S.C. 2001) is amended by striking 

5 paragraph (2) and inserting the following new paragraph 

6 (2): 

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

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

9 (d) CIA VOLUNTARY SEPARATION PAY ACT.—Sub10 section (a)(1) of section 2 of the Central Intelligence 

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

12 note) is amended to read as follows: 

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

14 the Central Intelligence Agency;’’. 

15 (e) FOREIGN INTELLIGENCE SURVEILLANCE ACT OF

16 1978.—(1) The Foreign Intelligence Surveillance Act of 

17 1978 (50 U.S.C. 1801 et seq.) is amended by striking ‘‘Di18 rector of Central Intelligence’’ each place it appears and 

19 inserting ‘‘National Intelligence Director’’. 

20 (f) CLASSIFIED INFORMATION PROCEDURES ACT.—

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

22 (5 U.S.C. App.) is amended by striking ‘‘Director of Cen23 tral Intelligence’’ and inserting ‘‘National Intelligence Di24 rector’’. 

25 (g) INTELLIGENCE AUTHORIZATION ACTS.—
192

•S 2845 PCS 

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

2 of the Counterintelligence and Security Enhance3 ments Act of 1994 (title VIII of Public Law 103–

4 359) is amended by striking ‘‘Director of Central In5 telligence’’ and inserting ‘‘National Intelligence Di6 rector’’. 

7 (2) PUBLIC LAW 107–306.—(A) The Intelligence 

8 Authorization Act for Fiscal Year 2003 (Public Law 

9 107–306) is amended by striking ‘‘Director of Cen10 tral Intelligence, acting as the head of the intel11 ligence community,’’ each place it appears in the fol12 lowing provisions and inserting ‘‘National Intel13 ligence Director’’: 

14 (i) Section 313(a) (50 U.S.C. 404n(a)). 

15 (ii) Section 343(a)(1) (50 U.S.C. 404n–

16 2(a)(1)) 

17 (B) Section 341 of that Act (50 U.S.C. 404n–

18 1) is amended by striking ‘‘Director of Central Intel19 ligence, acting as the head of the intelligence com20 munity, shall establish in the Central Intelligence 

21 Agency’’ and inserting ‘‘National Intelligence Direc22 tor shall establish within the Central Intelligence 

23 Agency’’. 
193

•S 2845 PCS 

1 (C) Section 352(b) of that Act (50 U.S.C. 404–

2 3 note) is amended by striking ‘‘Director’’ and in3 serting ‘‘National Intelligence Director’’. 

4 (3) PUBLIC LAW 108–177.—(A) The Intelligence 

5 Authorization Act for Fiscal Year 2004 (Public Law 

6 108–177) is amended by striking ‘‘Director of Cen7 tral Intelligence’’ each place it appears in the fol8 lowing provisions and inserting ‘‘National Intel9 ligence Director’’: 

10 (i) Section 317(a) (50 U.S.C. 403–3 note). 

11 (ii) Section 317(h)(1). 

12 (iii) Section 318(a) (50 U.S.C. 441g note). 

13 (iv) Section 319(b) (50 U.S.C. 403 note). 

14 (v) Section 341(b) (28 U.S.C. 519 note). 

15 (vi) Section 357(a) (50 U.S.C. 403 note). 

16 (vii) Section 504(a) (117 Stat. 2634), both 

17 places it appears. 

18 (B) Section 319(f)(2) of that Act (50 U.S.C. 

19 403 note) is amended by striking ‘‘Director’’ the 

20 first place it appears and inserting ‘‘National Intel21 ligence Director’’. 

22 (C) Section 404 of that Act (18 U.S.C. 4124 

23 note) is amended by striking ‘‘Director of Central 

24 Intelligence’’ and inserting ‘‘Director of the Central 

25 Intelligence Agency’’. 
194

•S 2845 PCS 

1 SEC. 303. OTHER CONFORMING AMENDMENTS 

2 (a) NATIONAL SECURITY ACT OF 1947.—(1) Section 

3 101(j) of the National Security Act of 1947 (50 U.S.C. 

4 402(j)) is amended by striking ‘‘Deputy Director of Cen5 tral Intelligence’’ and inserting ‘‘Principal Deputy Na6 tional Intelligence Director’’. 

7 (2) Section 112(d)(1) of that Act (50 U.S.C. 

8 404g(d)(1)) is amended by striking ‘‘section 103(c)(6) of 

9 this Act’’ and inserting ‘‘section 112(a)(11) of the Na10 tional Intelligence Reform Act of 2004’’. 

11 (3) Section 116(b) of that Act (50 U.S.C. 404k(b)) 

12 is amended by striking ‘‘to the Deputy Director of Central 

13 Intelligence, or with respect to employees of the Central 

14 Intelligence Agency, the Director may delegate such au15 thority to the Deputy Director for Operations’’ and insert16 ing ‘‘to the Principal Deputy National Intelligence Direc17 tor, or, with respect to employees of the Central Intel18 ligence Agency, to the Director of the Central Intelligence 

19 Agency’’. 

20 (4) Section 504(a)(2) of that Act (50 U.S.C. 

21 414(a)(2)) is amended by striking ‘‘Reserve for Contin22 gencies of the Central Intelligence Agency’’ and inserting 

23 ‘‘Reserve for Contingencies of the National Intelligence 

24 Director’’. 

25 (5) Section 506A(b)(1) of that Act (50 U.S.C. 415a–

26 1(b)(1)) is amended by striking ‘‘Office of the Deputy Di-
195

•S 2845 PCS 

1 rector of Central Intelligence’’ and inserting ‘‘Office of the 

2 National Intelligence Director’’. 

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

4 431(c)(3)) is amended by striking ‘‘or the Office of the 

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

6 of the Director of the Central Intelligence Agency, or the 

7 Office of the National Intelligence Director’’. 

8 (7) Section 1001(b) of that Act (50 U.S.C. 441g(b)) 

9 is amended by striking ‘‘Assistant Director of Central In10 telligence for Administration’’ and inserting ‘‘Office of the 

11 National Intelligence Director’’. 

12 (b) CENTRAL INTELLIGENCE AGENCY ACT OF

13 1949.—Section 6 of the Central Intelligence Agency Act 

14 of 1949 (50 U.S.C. 403g) is amended by striking ‘‘section 

15 103(c)(7) of the National Security Act of 1947 (50 U.S.C. 

16 403–3(c)(7))’’ and inserting ‘‘section 112(a)(11) of the 

17 National Intelligence Reform Act of 2004’’. 

18 (c) CENTRAL INTELLIGENCE AGENCY RETIREMENT

19 ACT.—Section 201(c) of the Central Intelligence Agency 

20 Retirement Act (50 U.S.C. 2011(c)) is amended by strik21 ing ‘‘paragraph (6) of section 103(c) of the National Secu22 rity Act of 1947 (50 U.S.C. 403–3(c)) that the Director 

23 of Central Intelligence’’ and inserting ‘‘section 112(a)(11) 

24 of the National Intelligence Reform Act of 2004 that the 

25 National Intelligence Director’’. 
196

•S 2845 PCS 

1 (d) INTELLIGENCE AUTHORIZATION ACTS.—

2 (1) PUBLIC LAW 107–306.—Section 343(c) of 

3 the Intelligence Authorization Act for Fiscal Year 

4 2003 (Public Law 107–306; 50 U.S.C. 404n–2(c)) is 

5 amended by striking ‘‘section 103(c)(6) of the Na6 tional Security Act of 1947 (50 U.S.C. 403–

7 3((c)(6))’’ and inserting ‘‘section 112(a)(11) of the 

8 National Intelligence Reform Act of 2004’’. 

9 (2) PUBLIC LAW 108–177.—Section 317 of the 

10 Intelligence Authorization Act for Fiscal Year 2004 

11 (Public Law 108–177; 50 U.S.C. 403–3 note) is 

12 amended—

13 (A) in subsection (g), by striking ‘‘Assist14 ant Director of Central Intelligence for Analysis 

15 and Production’’ and inserting ‘‘Principal Dep16 uty National Intelligence Director’’; and 

17 (B) in subsection (h)(2)(C), by striking 

18 ‘‘Assistant Director’’ and inserting ‘‘Principal 

19 Deputy National Intelligence Director’’. 

20 SEC. 304. MODIFICATIONS OF FOREIGN INTELLIGENCE AND 

21 COUNTERINTELLIGENCE UNDER NATIONAL 

22 SECURITY ACT OF 1947. 

23 Section 3 of the National Security Act of 1947 (50 

24 U.S.C. 401a) is amended—
197

•S 2845 PCS 

1 (1) in paragraph (2), by striking ‘‘or foreign 

2 persons, or international terrorist activities’’ and in3 serting ‘‘foreign persons, or international terrorists’’; 

4 and 

5 (2) in paragraph (3), by striking ‘‘or foreign 

6 persons, or international terrorist activities’’ and in7 serting ‘‘foreign persons, or international terrorists’’. 

8 SEC. 305. ELEMENTS OF INTELLIGENCE COMMUNITY 

9 UNDER NATIONAL SECURITY ACT OF 1947. 

10 Paragraph (4) of section 3 of the National Security 

11 Act of 1947 (50 U.S.C. 401a) is amended to read as fol12 lows: 

13 ‘‘(4) The term ‘intelligence community’ includes 

14 the following: 

15 ‘‘(A) The National Intelligence Authority. 

16 ‘‘(B) The Central Intelligence Agency. 

17 ‘‘(C) The National Security Agency. 

18 ‘‘(D) The Defense Intelligence Agency. 

19 ‘‘(E) The National Geospatial-Intelligence 

20 Agency. 

21 ‘‘(F) The National Reconnaissance Office. 

22 ‘‘(G) Other offices within the Department 

23 of Defense for the collection of specialized na24 tional intelligence through reconnaissance pro25 grams. 
198

•S 2845 PCS 

1 ‘‘(H) The intelligence elements of the 

2 Army, the Navy, the Air Force, the Marine 

3 Corps, the Federal Bureau of Investigation, and 

4 the Department of Energy. 

5 ‘‘(I) The Bureau of Intelligence and Re6 search of the Department of State. 

7 ‘‘(J) The Office of Intelligence and Anal8 ysis of the Department of the Treasury. 

9 ‘‘(K) The elements of the Department of 

10 Homeland Security concerned with the analysis 

11 of intelligence information, including the Office 

12 of Intelligence of the Coast Guard. 

13 ‘‘(L) Such other elements of any depart14 ment or agency as may be designated by the 

15 President, or designated jointly by the National 

16 Intelligence Director and the head of the de17 partment or agency concerned, as an element of 

18 the intelligence community.’’. 

19 SEC. 306. REDESIGNATION OF NATIONAL FOREIGN INTEL20 LIGENCE PROGRAM AS NATIONAL INTEL21 LIGENCE PROGRAM. 

22 (a) REDESIGNATION.—Section 3 of the National Se23 curity Act of 1947 (50 U.S.C. 401a), as amended by this 

24 Act, is further amended—

25 (1) by striking paragraph (6); and 
199

•S 2845 PCS 

1 (2) by redesignating paragraph (7) as para2 graph (6). 

3 (b) CONFORMING AMENDMENTS.—(1) The National 

4 Security Act of 1947, as amended by this Act, is further 

5 amended by striking ‘‘National Foreign Intelligence Pro6 gram’’ each place it appears in the following provisions 

7 and inserting ‘‘National Intelligence Program’’: 

8 (A) Section 105(a)(2) (50 U.S.C. 403–5(a)(2)). 

9 (B) Section 105(a)(3) (50 U.S.C. 403–5(a)(3)). 

10 (C) Section 506(a) (50 U.S.C. 415a(a)). 

11 (2) Section 17(f) of the Central Intelligence Agency 

12 Act of 1949 (50 U.S.C. 403q(f)) is amended by striking 

13 ‘‘National Foreign Intelligence Program’’ and inserting 

14 ‘‘National Intelligence Program’’. 

15 (c) HEADING AMENDMENTS.—(1) The heading of 

16 section 105 of that Act is amended to read as follows: 

17 ‘‘RESPONSIBILITIES OF THE SECRETARY OF DEFENSE

18 PERTAINING TO THE NATIONAL INTELLIGENCE PRO19 GRAM’’. 

20 (2) The heading of section 506 of that Act is amend21 ed to read as follows: 
200

•S 2845 PCS 

1 ‘‘SPECIFICITY OF NATIONAL INTELLIGENCE PROGRAM

2 BUDGET AMOUNTS FOR COUNTERTERRORISM, 

3 COUNTERPROLIFERATION, COUNTERNARCOTICS, AND

4 COUNTERINTELLIGENCE’’. 

5 SEC. 307. CONFORMING AMENDMENT ON COORDINATION 

6 OF BUDGETS OF ELEMENTS OF THE INTEL7 LIGENCE COMMUNITY WITHIN THE DEPART8 MENT OF DEFENSE. 

9 Section 105(a)(1) of the National Security Act of 

10 1947 (50 U.S.C. 403–5(a)(1)) is amended by striking ‘‘en11 sure’’ and inserting ‘‘assist the Director in ensuring’’. 

12 SEC. 308. REPEAL OF SUPERSEDED AUTHORITIES. 

13 (a) APPOINTMENT OF CERTAIN INTELLIGENCE OF14 FICIALS.—Section 106 of the National Security Act of 

15 1947 (50 U.S.C. 403–6) is repealed. 

16 (b) COLLECTION TASKING AUTHORITY.—Section 

17 111 of the National Security Act of 1947 (50 U.S.C. 404f) 

18 is repealed. 

19 SEC. 309. CLERICAL AMENDMENTS TO NATIONAL SECURITY 

20 ACT OF 1947. 

21 The table of contents for the National Security Act 

22 of 1947 is amended—

23 (1) by inserting after the item relating to sec24 tion 101 the following new item:

‘‘Sec. 101A. Joint Intelligence Community Council.’’;
201

•S 2845 PCS 

1 (2) by striking the items relating to sections 

2 102 through 104 and inserting the following new 

3 items:

‘‘Sec. 102. Central Intelligence Agency. 

‘‘Sec. 103. Director of the Central Intelligence Agency.’’;

4 (3) by striking the item relating to section 105 

5 and inserting the following new item:

‘‘Sec 105. Responsibilities of the Secretary of Defense pertaining to the National Intelligence Program.’’;

6 (4) by striking the item relating to section 114 

7 and inserting the following new item:

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

8 and 

9 (5) by striking the item relating to section 506 

10 and inserting the following new item:

‘‘Sec. 506. Specificity of National Intelligence Program budget amounts for 

counterterrorism, counterproliferation, counternarcotics, and 

counterintelligence’’.

11 SEC. 310. MODIFICATION OF AUTHORITIES RELATING TO 

12 NATIONAL COUNTERINTELLIGENCE EXECU13 TIVE. 

14 (a) APPOINTMENT OF NATIONAL COUNTERINTEL15 LIGENCE EXECUTIVE.—Subsection (a)(2) of section 902 

16 of the Counterintelligence Enhancement Act of 2002 (title 

17 IX of Public Law 107–306; 116 Stat. 2432; 50 U.S.C. 

18 402b) is amended by striking ‘‘Director of Central Intel19 ligence’’ and inserting ‘‘National Intelligence Director, 

20 and Director of the Central Intelligence Agency’’. 
202

•S 2845 PCS 

1 (b) COMPONENT OF OFFICE OF NATIONAL INTEL2 LIGENCE DIRECTOR.—Such section is further amended—

3 (1) by redesignating subsections (b) and (c) as 

4 subsections (c) and (d), respectively; and 

5 (2) by inserting after subsection (a) the fol6 lowing new subsection (b): 

7 ‘‘(b) COMPONENT OF OFFICE OF NATIONAL INTEL8 LIGENCE DIRECTOR.—The National Counterintelligence 

9 Executive is a component of the Office of the National 

10 Intelligence Director under subtitle C of the National In11 telligence Reform Act of 2004.’’. 

12 (c) DUTIES.—Subsection (d) of such section, as re13 designated by subsection (a)(1) of this section, is amended 

14 by adding at the end the following new paragraph: 

15 ‘‘(5) To perform such other duties as may be 

16 provided under section 131(b) of the National Intel17 ligence Reform Act of 2004.’’. 

18 (d) OFFICE OF NATIONAL COUNTERINTELLIGENCE

19 EXECUTIVE.—Section 904 of the Counterintelligence En20 hancement Act of 2002 (116 Stat. 2434; 50 U.S.C. 402c) 

21 is amended—

22 (1) by striking ‘‘Office of the Director of Cen23 tral Intelligence’’ each place it appears in sub24 sections (c) and (l)(1) and inserting ‘‘Office of the 

25 National Intelligence Director’’; 
203

•S 2845 PCS 

1 (2) by striking ‘‘Director of Central Intel2 ligence’’ each place it appears in subsections (e)(4), 

3 (e)(5), (h)(1), and (h)(2) and inserting ‘‘National 

4 Intelligence Director’’; and 

5 (3) in subsection (m), by striking ‘‘Director of 

6 Central Intelligence’’ and inserting ‘‘National Intel7 ligence Director, the Director of the Central Intel8 ligence Agency’’. 

9 SEC. 311. CONFORMING AMENDMENT TO INSPECTOR GEN10 ERAL ACT OF 1978. 

11 Section 8H(a)(1) of the Inspector General Act of 

12 1978 (5 U.S.C. App.) is amended by adding at the end 

13 the following new subparagraph: 

14 ‘‘(D) An employee of the National Intelligence Au15 thority, an employee of an entity other than the Authority 

16 who is assigned or detailed to the Authority, or of a con17 tractor of the Authority, who intends to report to Congress 

18 a complaint or information with respect to an urgent con19 cern may report the complaint or information to the In20 spector General of the National Intelligence Authority in 

21 accordance with section 141(h)(5) of the National Intel22 ligence Reform Act of 2004.’’. 
204

•S 2845 PCS 

1 SEC. 312. CONFORMING AMENDMENT RELATING TO CHIEF 

2 FINANCIAL OFFICER OF THE NATIONAL IN3 TELLIGENCE AUTHORITY. 

4 Section 901(b)(1) of title 31, United States Code, is 

5 amended by adding at the end the following new subpara6 graph: 

7 ‘‘(Q) The National Intelligence Authority.’’. 

8 Subtitle B—Transfers and 

9 Terminations 

10 SEC. 321. TRANSFER OF OFFICE OF DEPUTY DIRECTOR OF 

11 CENTRAL INTELLIGENCE FOR COMMUNITY 

12 MANAGEMENT. 

13 (a) TRANSFER.—There shall be transferred to the 

14 Office of the National Intelligence Director the staff of 

15 the Office of the Deputy Director of Central Intelligence 

16 for Community Management as of the date of the enact17 ment of this Act, including all functions and activities dis18 charged by the Office of the Deputy Director of Central 

19 Intelligence for Community Management as of that date. 

20 (b) ADMINISTRATION.—The National Intelligence Di21 rector shall administer the staff of the Office of the Dep22 uty Director of Central Intelligence for Community Man23 agement after the date of the enactment of this Act as 

24 a component of the Office of the National Intelligence Di25 rector under section 121(d). 
205

•S 2845 PCS 

1 SEC. 322. TRANSFER OF NATIONAL COUNTERTERRORISM 

2 EXECUTIVE. 

3 (a) TRANSFER.—There shall be transferred to the 

4 Office of the National Intelligence Director the National 

5 Counterintelligence Executive and the Office of the Na6 tional Counterintelligence Executive under the Counter7 intelligence Enhancement Act of 2002 (title IX of Public 

8 Law 107–306; 50 U.S.C. 402b et seq.), as amended by 

9 section 309 of this Act, including all functions and activi10 ties discharged by the National Counterintelligence Execu11 tive and the Office of the National Counterintelligence Ex12 ecutive as of the date of the enactment of this Act. 

13 (b) ADMINISTRATION.—The National Intelligence Di14 rector shall treat the National Counterintelligence Execu15 tive, and administer the Office of the National Counter16 intelligence Executive, after the date of the enactment of 

17 this Act as components of the Office of the National Intel18 ligence Director under section 121(c). 

19 SEC. 323. TRANSFER OF TERRORIST THREAT INTEGRATION 

20 CENTER. 

21 (a) TRANSFER.—There shall be transferred to the 

22 National Counterterrorism Center the Terrorist Threat 

23 Integration Center (TTIC), including all functions and ac24 tivities discharged by the Terrorist Threat Integration 

25 Center as of the date of the enactment of this Act. 
206

•S 2845 PCS 

1 (b) ADMINISTRATION.—The Director of the National 

2 Counterterrorism Center shall administer the Terrorist 

3 Threat Integration Center after the date of the enactment 

4 of this Act as a component of the Directorate of Intel5 ligence of the National Counterterrorism Center under 

6 section 143(g)(2). 

7 SEC. 324. TERMINATION OF CERTAIN POSITIONS WITHIN 

8 THE CENTRAL INTELLIGENCE AGENCY. 

9 (a) TERMINATION.—The positions within the Central 

10 Intelligence Agency referred to in subsection (b) are here11 by abolished. 

12 (b) COVERED POSITIONS.—The positions within the 

13 Central Intelligence Agency referred to in this subsection 

14 are as follows: 

15 (1) The Deputy Director of Central Intelligence 

16 for Community Management. 

17 (2) The Assistant Director of Central Intel18 ligence for Collection. 

19 (3) The Assistant Director of Central Intel20 ligence for Analysis and Production. 

21 (4) The Assistant Director of Central Intel22 ligence for Administration. 
207

•S 2845 PCS 

1 Subtitle C—Other Transition 

2 Matters 

3 SEC. 331. EXECUTIVE SCHEDULE MATTERS. 

4 (a) EXECUTIVE SCHEDULE LEVEL I.—Section 5312 

5 of title 5, United States Code, is amended by adding the 

6 end the following new item: 

7 ‘‘National Intelligence Director.’’. 

8 (b) EXECUTIVE SCHEDULE LEVEL II.—Section 5313 

9 of title 5, United States Code, is amended—

10 (1) by striking the item relating to the Director 

11 of Central Intelligence; and 

12 (2) by adding at the end the following new 

13 items: 

14 ‘‘Deputy National Intelligence Directors (5). 

15 ‘‘Director of the National Counterterrorism 

16 Center.’’. 

17 (c) EXECUTIVE SCHEDULE LEVEL III.—Section 

18 5314 of title 5, United States Code, is amended by strik19 ing the item relating to the Deputy Directors of Central 

20 Intelligence and inserting the following new item: 

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

22 (d) EXECUTIVE SCHEDULE LEVEL IV.—Section 

23 5315 of title 5, United States Code, is amended by strik24 ing the item relating to the Assistant Directors of Central 

25 Intelligence. 
208

•S 2845 PCS 

1 SEC. 332. PRESERVATION OF INTELLIGENCE CAPABILITIES. 

2 The National Intelligence Director, the Director of 

3 the Central Intelligence Agency, and the Secretary of De4 fense shall jointly take such actions as are appropriate to 

5 preserve the intelligence capabilities of the United States 

6 during the establishment of the National Intelligence Au7 thority under this Act. 

8 SEC. 333. REORGANIZATION. 

9 (a) REORGANIZATION.—The National Intelligence 

10 Director may, with the approval of the President and after 

11 consultation with the department, agency, or element con12 cerned, allocate or reallocate functions among the officers 

13 of the National Intelligence Program, and may establish, 

14 consolidate, alter, or discontinue organizational units with15 in the Program, but only after providing notice of such 

16 action to Congress, which shall include an explanation of 

17 the rationale for the action. 

18 (b) LIMITATION.—The authority under subsection (a) 

19 does not extend to any action inconsistent with law. 

20 (c) CONGRESSIONAL REVIEW.—An action may be 

21 taken under the authority under subsection (a) only with 

22 the approval of the following: 

23 (1) Each of the congressional intelligence com24 mittees. 
209

•S 2845 PCS 

1 (2) Each of the Committee on Governmental 

2 Affairs of the Senate and the Committee on Govern3 ment Reform of the House of Representatives. 

4 SEC. 334. NATIONAL INTELLIGENCE DIRECTOR REPORT ON 

5 IMPLEMENTATION OF INTELLIGENCE COM6 MUNITY REFORM. 

7 Not later than one year after the date of the enact8 ment of this Act, the National Intelligence Director shall 

9 submit to Congress a report on the progress made in the 

10 implementation of this Act, including the amendments 

11 made by this Act. The report shall include a comprehen12 sive description of the progress made, and may include 

13 such recommendations for additional legislative or admin14 istrative action as the Director considers appropriate. 

15 SEC. 335. COMPTROLLER GENERAL REPORTS ON IMPLE16 MENTATION OF INTELLIGENCE COMMUNITY 

17 REFORM. 

18 (a) REPORTS.—(1) Not later than two years after the 

19 date of the enactment of this Act, the Comptroller General 

20 of the United States shall submit to Congress a com21 prehensive report on the implementation of this Act and 

22 the amendments made by this Act. 

23 (2) The Comptroller General may submit to Congress 

24 at any time during the two-year period beginning on the 

25 date of the enactment of this Act, such reports on the 
210

•S 2845 PCS 

1 progress made in the implementation of this Act and the 

2 amendments made by this Act as the Comptroller General 

3 considers appropriate. 

4 (b) REPORT ELEMENTS.—Each report under sub5 section (a) shall include the following: 

6 (1) The assessment of the Comptroller General 

7 of the progress made in the implementation of this 

8 Act (and the amendments made by this Act) as of 

9 the date of such report. 

10 (2) A description of any delays or other short11 falls in the implementation of this Act that have 

12 been identified by the Comptroller General. 

13 (3) Any recommendations for additional legisla14 tive or administrative action that the Comptroller 

15 General considers appropriate. 

16 (c) AGENCY COOPERATION.—Each department, 

17 agency, and element of the United States Government 

18 shall cooperate with the Comptroller General in the assess19 ment of the implementation of this Act, and shall provide 

20 the Comptroller General timely and complete access to rel21 evant documents in accordance with section 716 of title 

22 31, United States Code. 

23 SEC. 336. GENERAL REFERENCES. 

24 (a) DIRECTOR OF CENTRAL INTELLIGENCE AS HEAD

25 OF INTELLIGENCE COMMUNITY.—Any reference to the 
211

•S 2845 PCS 

1 Director of Central Intelligence or the Director of the Cen2 tral Intelligence Agency in the Director’s capacity as the 

3 head of the intelligence community in any law, regulation, 

4 document, paper, or other record of the United States 

5 shall be deemed to be a reference to the National Intel6 ligence Director. 

7 (b) DIRECTOR OF CENTRAL INTELLIGENCE AS HEAD

8 OF CIA.—Any reference to the Director of Central Intel9 ligence or the Director of the Central Intelligence Agency 

10 in the Director’s capacity as the head of the Central Intel11 ligence Agency in any law, regulation, document, paper, 

12 or other record of the United States shall be deemed to 

13 be a reference to the Director of the Central Intelligence 

14 Agency. 

15 (c) OFFICE OF THE DEPUTY DIRECTOR OF CENTRAL

16 INTELLIGENCE FOR COMMUNITY MANAGEMENT.—Any 

17 reference to the Office of the Deputy Director of Central 

18 Intelligence for Community Management in any law, regu19 lation, document, paper, or other record of the United 

20 States shall be deemed to be a reference to the staff of 

21 such office within the Office of the National Intelligence 

22 Director under section 121. 
212

•S 2845 PCS 

1 Subtitle D—Effective Date 

2 SEC. 341. EFFECTIVE DATE. 

3 (a) IN GENERAL.—Except as provided in subsection 

4 (b), this Act, and the amendments made by this Act, shall 

5 take effect 180 days after the date of the enactment of 

6 this Act. 

7 (b) EARLIER EFFECTIVE DATE.—In order to ensure 

8 the rapid implementation of this Act while simultaneously 

9 ensuring a smooth transition that will safeguard the na10 tional security of the United States, the President may 

11 provide that this Act (including the amendments made by 

12 this Act), or one or more particular provisions of this Act 

13 (including the amendments made by such provision or pro14 visions), shall take effect on such date that is earlier than 

15 the date otherwise provided under subsection (a) as the 

16 President shall specify. 

17 (c) NOTIFICATION OF EFFECTIVE DATES.—If the 

18 President exercises the authority in subsection (b), the 

19 President shall—

20 (1) notify Congress of the exercise of such au21 thority; and 

22 (2) publish in the Federal Register notice of the 

23 earlier effective date or dates involved, including 

24 each provision (and amendment) covered by such 

25 earlier effective date. 
213

•S 2845 PCS 

1 Subtitle E—Other Matters 

2 SEC. 351. SEVERABILITY. 

3 If any provision of this Act, or an amendment made 

4 by this Act, or the application of such provision to any 

5 person or circumstance is held invalid, the remainder of 

6 this Act, or the application of such provision to persons 

7 or circumstances other than those to which such provision 

8 is held invalid, shall not be affected thereby. 

9 SEC. 352. AUTHORIZATION OF APPROPRIATIONS. 

10 There are specifically authorized to be appropriated 

11 for fiscal year 2005 such sums as may be necessary to 

12 carry out this Act and the amendments made by this Act. 
Calendar No. 716

108TH CONGRESS 

2D SESSION S. 2845

A BILL

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

SEPTEMBER 24, 2004

Read the second time and placed on the calendar