I 

108TH CONGRESS 

2D SESSION H. R. 5050 

To establish the Director of National Intelligence as a cabinet level position 

in the Executive Office of the President to oversee budget, operations, 

and personnel of the entire intelligence community of the Federal Government. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 9, 2004 

Ms. JACKSON-LEE of Texas introduced the following bill; which was referred 

to the Select Committee on Intelligence (Permanent Select) 

A BILL 

To establish the Director of National Intelligence as a cabinet level position in the Executive Office of the President 

to oversee budget, operations, and personnel of the entire 

intelligence community of the Federal Government. 

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 ‘‘Director of National Intelligence Act of 2004’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 
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Sec. 2. Definitions. 

TITLE I—ESTABLISHMENT OF DIRECTOR OF NATIONAL 

INTELLIGENCE 

Sec. 101. Establishment of the Director of National Intelligence. 

Sec. 102. Duties of the Director of National Intelligence. 

Sec. 103. Management of the national intelligence program. 

TITLE II—AUTHORITIES OF THE DIRECTOR OF NATIONAL 

INTELLIGENCE 

Sec. 201. Authority of the Director of National Intelligence over matters relating to budget. 

Sec. 202. Authority of the Director of National Intelligence over matters relating to personnel. 

TITLE III—ADDITIONAL PROVISIONS 

Sec. 301. Resolution of agency priority differences. 

Sec. 302. Duty of heads of national intelligence centers to report to the Director of National Intelligence.

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) NATIONAL INTELLIGENCE PROGRAM.—The 

4 term ‘‘national intelligence program’’ means a pro5 gram of foreign, military, and domestic intelligence 

6 related to the national security under the oversight 

7 of the Director of National Intelligence. 

8 (2) NATIONAL INTELLIGENCE CENTER.—The 

9 term ‘‘national intelligence center’’ means a center 

10 established by the Director of National Intelligence 

11 to provide all-source analysis and plan intelligence 

12 operations for the Federal Government on specific 

13 subjects of interest, such as counterterrorism, 

14 counterproliferation, counternarcotics, and counter15 intelligence. 
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1 (3) NATIONAL INTELLIGENCE AGENCY.—The 

2 term ‘‘national intelligence agency’’ means an agen3 cy of the United States that contributes to the na4 tional intelligence program, including the elements of 

5 the intelligence community. 

6 (4) INTELLIGENCE COMMUNITY.—The term 

7 ‘‘intelligence community’’ has the meaning given 

8 such term in section 3(4) of the National Security 

9 Act of 1947 (50 U.S.C. 401a(4)). 

10 TITLE I—ESTABLISHMENT OF DI11 RECTOR OF NATIONAL INTEL12 LIGENCE 

13 SEC. 101. ESTABLISHMENT OF THE DIRECTOR OF NA14 TIONAL INTELLIGENCE. 

15 (a) ESTABLISHMENT.—There is in the Executive Of16 fice of the President a Director of National Intelligence. 

17 (b) OVERSIGHT OF NATIONAL INTELLIGENCE PRO18 GRAM.—The Director of National Intelligence shall act as 

19 the principal adviser to the President for intelligence mat20 ters related to the national security and shall oversee 

21 budget, operations, and personnel of the national intel22 ligence program. 

23 (c) APPOINTMENT.—The Director of National Intel24 ligence shall be appointed by the President, by and with 

25 the advice and consent of the Senate. 
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1 (d) EXECUTIVE SCHEDULE I COMPENSATION

2 RATE.—The Director of National Intelligence shall be 

3 compensated at the rate of pay applicable under section 

4 5312 of title 5, United States Code. 

5 (e) PROHIBITION ON POLICYMAKING.—The Director 

6 of National Intelligence shall not serve as a policymaker. 

7 SEC. 102. DUTIES OF THE DIRECTOR OF NATIONAL INTEL8 LIGENCE. 

9 The Director of National Intelligence shall carry out 

10 the following duties: 

11 (1) Manage the national intelligence program, 

12 including oversight of the budget, operations, and 

13 personnel of the intelligence community. 

14 (2) Reorganize the intelligence services around 

15 specific threats, such as terrorism, weapons of mass 

16 destruction, and hostile countries. 

17 (3) Oversee national intelligence centers. 

18 (4) Oversee the national intelligence agencies. 

19 (5) Advise the President regarding the most rel20 evant and reliable intelligence information. 

21 (6) Identify national security threats and deter22 mining which secrets are most important to protect. 

23 (7) Advise the President regarding the coordi24 nate efforts of the Department of Homeland Secu25 rity. 
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1 (8) Work closely with the Director of the Fed2 eral Bureau of Investigation and the Director of 

3 Central Intelligence. 

4 (9) Support the President, and the heads of de5 partments and agencies of the executive branch, the 

6 Chairman of the Joint Chiefs of Staff, and senior 

7 military commanders. 

8 (10) Establish information sharing and infor9 mation technology policies to maximize data sharing, 

10 as well as policies to protect the security of informa11 tion. 

12 (11) Perform such other duties as the President 

13 may prescribe. 

14 SEC. 103. MANAGEMENT OF THE NATIONAL INTELLIGENCE 

15 PROGRAM. 

16 (a) IN GENERAL.—The following officials shall assist 

17 the Director of National Intelligence in carrying out the 

18 duty to manage the national intelligence program: 

19 (1) The Director of Central Intelligence, who 

20 shall also serve as the Deputy Director of National 

21 Intelligence for Foreign Intelligence, shall carry out 

22 duties with respect to foreign intelligence. 

23 (2) The Under Secretary of Defense for Intel24 ligence, who shall also serve as the Deputy Director 

25 of National Intelligence for Military Intelligence, 
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1 shall carry out duties with respect to military intel2 ligence. 

3 (3) The Under Secretary of Homeland Security 

4 for Information Analysis and Infrastructure Protec5 tion, who shall also serve as the Deputy Director of 

6 National Intelligence for Domestic Intelligence, shall 

7 carry out duties with respect to domestic intel8 ligence. 

9 (b) DUTIES WITH RESPECT TO NATIONAL INTEL10 LIGENCE CENTER OPERATIONS.—Each official specified 

11 in subsection (a), within the respective area of intelligence, 

12 shall acquire systems and train personnel to execute the 

13 operations assigned to the official by a director of a na14 tional intelligence center. 

15 (c) COORDINATION OF AGENCIES OF THE INTEL16 LIGENCE COMMUNITY.—The head of each national intel17 ligence agency shall coordinate functions of that agency 

18 with the appropriate area of intelligence specified in sub19 section (a). 

20 (d) CONSTRUCTION.—Nothing in this Act shall be 

21 construed as modifying the authority or duty of the Sec22 retary of Defense to carry out the Joint Military Intel23 ligence Program and the Tactical Intelligence and Related 

24 Activities Program. 
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1 TITLE II—AUTHORITIES OF THE 

2 DIRECTOR OF NATIONAL IN3 TELLIGENCE 

4 SEC. 201. AUTHORITY OF THE DIRECTOR OF NATIONAL IN5 TELLIGENCE OVER MATTERS RELATING TO 

6 BUDGET. 

7 The Director of National Intelligence shall have the 

8 following duties and authorities over matters relating to 

9 the budget of the national intelligence program: 

10 (1) DEVELOPMENT OF UNIFIED BUDGET.—The 

11 Director of National Intelligence shall prepare an12 nual unified budgets for the national intelligence 

13 program for inclusion in the budget submission of 

14 the President under title 31, United States Code, 

15 that reflect— 

16 (A) priorities of the National Security 

17 Council, and 

18 (B) an appropriate balance among the va19 rieties of technical and human intelligence col20 lection methods and analysis. 

21 (2) APPROPRIATIONS.—Amounts appropriated 

22 for the national intelligence program for a year shall 

23 be made to the Director of National Intelligence. 

24 The Director of National Intelligence shall allocate 
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1 such appropriations among the national intelligence 

2 agencies. 

3 (3) REPROGRAMMING.—The Director of Na4 tional Intelligence may reprogram funds appro5 priated for the national intelligence program to meet 

6 any unforeseen priority. 

7 SEC. 202. AUTHORITY OF THE DIRECTOR OF NATIONAL IN8 TELLIGENCE OVER MATTERS RELATING TO 

9 PERSONNEL. 

10 The Director of National Intelligence shall have the 

11 following duties and authorities over matters relating to 

12 the personnel of national intelligence agencies. 

13 (1) PERSONNEL POLICIES.—The Director of 

14 National Intelligence shall put into effect personnel 

15 policies to establish standards for education and 

16 training of officers and employees of national intel17 ligence agencies and to facilitate assignments of 

18 those officers and employees at national intelligence 

19 centers and across national intelligence agencies. 

20 (2) EMPLOYMENT AND TERMINATION AUTHOR21 ITY.—The Director of National Intelligence may em22 ploy such individuals in positions within the national 

23 intelligence program as the Director determines to 

24 be appropriate. The Director of National Intelligence 

25 may terminate the employment of any officer or em-
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1 ployee of a national intelligence agency whenever the 

2 Director deems such termination necessary or advis3 able in the interests of the United States. 

4 (3) APPOINTMENT OF OFFICIALS RESPONSIBLE

5 FOR INTELLIGENCE-RELATED ACTIVITIES.—(A) In 

6 the event of a vacancy in a position referred to in 

7 subparagraph (B), the head of the department or 

8 agency involved shall obtain the concurrence of the 

9 Director of National Intelligence before recom10 mending to the President an individual for appoint11 ment to the position. 

12 (B) Subparagraph (A) applies to the following 

13 positions: 

14 (i) The Director of Central Intelligence. 

15 (ii) The Director of the Defense Intel16 ligence Agency. 

17 (iii) The Director of the National Security 

18 Agency. 

19 (iv) The Director of the National Recon20 naissance Office. 

21 (v) The Director of the National 

22 Geospatial-Intelligence Agency. 

23 (vi) The Under Secretary for Information 

24 Analysis and Infrastructure Protection of the 

25 Department of Homeland Security. 
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1 (vii) The Executive Assistant Director for 

2 Intelligence of the Federal Bureau of Investiga3 tion. 

4 (viii) The Assistant Secretary of State for 

5 Intelligence and Research. 

6 (ix) The Director of the Office of Intel7 ligence of the Department of Energy. 

8 (x) The Director of the Office of Counter9 intelligence of the Department of Energy. 

10 (xi) The Assistant Secretary for Intel11 ligence and Analysis of the Department of the 

12 Treasury. 

13 (xii) The head of any other agency with 

14 national intelligence functions. 

15 TITLE III—ADDITIONAL 

16 PROVISIONS 

17 SEC. 301. RESOLUTION OF AGENCY PRIORITY DIF18 FERENCES. 

19 (a) ESTABLISHMENT OF NSC EXECUTIVE COM20 MITTEE.—There is established in the National Security 

21 Council an executive committee for the resolution of dif22 ferences in priorities among national intelligence agencies. 

23 Insofar as the executive committee is unable to resolve a 

24 priority difference, the President shall resolve the priority 

25 difference. 
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1 (b) INCLUSION OF THE DIRECTOR OF NATIONAL IN2 TELLIGENCE.—The Director of National Intelligence shall 

3 be a member of the executive committee established under 

4 subsection (a). 

5 SEC. 302. DUTY OF HEADS OF NATIONAL INTELLIGENCE 

6 CENTERS TO REPORT TO THE DIRECTOR OF 

7 NATIONAL INTELLIGENCE. 

8 Directors of national intelligence centers shall report 

9 directly to the Director of National Intelligence. 

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