133 
(K) permitting continuous system up-
grades to benefit from advances in technology 
while preserving the integrity of stored data. 
(d) IMMEDIATE ACTIONS.—Not later than 90 days 
after the date of the enactment of this Act, the Director 
of the Office of Management and Budget, in consultation 
with the Executive Council, shall— 
(1) submit to the President and to Congress a 
description of the technological, legal, and policy 
issues presented by the creation of the Network de-
scribed in subsection (c), and the way in which these 
issues will be addressed; 
(2) establish electronic directory services to as-
sist in locating in the Federal Government intel-
ligence and homeland security information and peo-
ple with relevant knowledge about intelligence and 
homeland security information; and 
(3) conduct a review of relevant current Federal 
agency capabilities, including— 
(A) a baseline inventory of current Federal 
systems that contain intelligence or homeland 
security information; 
(B) the money currently spent to maintain 
those systems; and
134 
(C) identification of other information that 
should be included in the Network. 
(e) GUIDELINES AND REQUIREMENTS.—As soon as 
possible, but in no event later than 180 days after the 
date of the enactment of this Act, the President shall— 
(1) in consultation with the Executive Coun-
cil— 
(A) issue guidelines for acquiring, access-
ing, sharing, and using information, including 
guidelines to ensure that information is pro-
vided in its most shareable form, such as by 
separating out data from the sources and meth-
ods by which that data are obtained; and 
(B) on classification policy and handling 
procedures across Federal agencies, including 
commonly accepted processing and access con-
trols; 
(2) in consultation with the Privacy and Civil 
Liberties Oversight Board established under section 
211, issue guidelines that— 
(A) protect privacy and civil liberties in the 
development and use of the Network; and 
(B) shall be made public, unless, and only 
to the extent that, nondisclosure is clearly nec-
essary to protect national security; and
135 
(3) require the heads of Federal departments 
and agencies to promote a culture of information 
sharing by— 
(A) reducing disincentives to information 
sharing, including overclassification of informa-
tion and unnecessary requirements for origi-
nator approval; and 
(B) providing affirmative incentives for in-
formation sharing, such as the incorporation of 
information sharing performance measures into 
agency and managerial evaluations, and em-
ployee awards for promoting innovative infor-
mation sharing practices. 
(f) ENTERPRISE ARCHITECTURE AND IMPLEMENTA-
TION PLAN.—Not later than 270 days after the date of 
the enactment of this Act, the Director of Management 
and Budget shall submit to the President and to Congress 
an enterprise architecture and implementation plan for the 
Network. The enterprise architecture and implementation 
plan shall be prepared by the Director of Management and 
Budget, in consultation with the Executive Council, and 
shall include— 
(1) a description of the parameters of the pro-
posed Network, including functions, capabilities, and 
resources;
136 
(2) a delineation of the roles of the Federal de-
partments and agencies that will participate in the 
development of the Network, including identification 
of any agency that will build the infrastructure need-
ed to operate and manage the Network (as distinct 
from the individual agency components that are to 
be part of the Network), with the delineation of roles 
to be consistent with— 
(A) the authority of the National Intel-
ligence Director under this Act to set standards 
for information sharing and information tech-
nology throughout the intelligence community; 
and 
(B) the authority of the Secretary of 
Homeland Security and the role of the Depart-
ment of Homeland Security in coordinating 
with State, tribal, and local officials and the 
private sector; 
(3) a description of the technological require-
ments to appropriately link and enhance existing 
networks and a description of the system design that 
will meet these requirements; 
(4) an enterprise architecture that— 
(A) is consistent with applicable laws and 
guidance with regard to planning, design, acqui-
137 
sition, operation, and management of informa-
tion systems; 
(B) will be used to guide and define the 
development and implementation of the Net-
work; and 
(C) addresses the existing and planned en-
terprise architectures of the departments and 
agencies participating in the Network; 
(5) a description of how privacy and civil lib-
erties will be protected throughout the design and 
implementation of the Network; 
(6) objective, systemwide performance measures 
to enable the assessment of progress toward achiev-
ing full implementation of the Network; 
(7) a plan, including a time line, for the devel-
opment and phased implementation of the Network; 
(8) total budget requirements to develop and 
implement the Network, including the estimated an-
nual cost for each of the 5 years following the date 
of the enactment of this Act; and 
(9) proposals for any legislation that the Direc-
tor of Management and Budget determines nec-
essary to implement the Network.
138 
(g) DIRECTOR OF MANAGEMENT AND BUDGET RE-
SPONSIBLE
FOR INFORMATION SHARING ACROSS
THE 
FEDERAL GOVERNMENT.— 
(1) ADDITIONAL
DUTIES
AND
RESPONSIBIL-
ITIES.— 
(A) IN GENERAL.—The Director of Man-
agement and Budget, in consultation with the 
Executive Council, shall— 
(i) implement and manage the Net-
work; 
(ii) develop and implement policies, 
procedures, guidelines, rules, and stand-
ards as appropriate to foster the develop-
ment and proper operation of the Network; 
and 
(iii) assist, monitor, and assess the 
implementation of the Network by Federal 
departments and agencies to ensure ade-
quate progress, technological consistency 
and policy compliance; and regularly report 
the findings to the President and to Con-
gress. 
(B) CONTENT OF POLICIES, PROCEDURES, 
GUIDELINES, RULES, AND
STANDARDS.—The
139 
policies, procedures, guidelines, rules, and 
standards under subparagraph (A)(ii) shall— 
(i) take into account the varying mis-
sions and security requirements of agencies 
participating in the Network; 
(ii) address development, implementa-
tion, and oversight of technical standards 
and requirements; 
(iii) address and facilitate information 
sharing between and among departments 
and agencies of the intelligence community, 
the Department of Defense, the Homeland 
Security community and the law enforce-
ment community; 
(iv) address and facilitate information 
sharing between Federal departments and 
agencies and State, tribal and local govern-
ments; 
(v) address and facilitate, as appro-
priate, information sharing between Fed-
eral departments and agencies and the pri-
vate sector; 
(vi) address and facilitate, as appro-
priate, information sharing between Fed-
140 
eral departments and agencies with foreign 
partners and allies; and 
(vii) ensure the protection of privacy 
and civil liberties. 
(2) APPOINTMENT OF PRINCIPAL OFFICER.— 
Not later than 30 days after the date of the enact-
ment of this Act, the Director of Management and 
Budget shall appoint, with approval of the Presi-
dent, a principal officer in the Office of Management 
and Budget whose primary responsibility shall be to 
carry out the day-to-day duties of the Director speci-
fied in this section. The officer shall report directly 
to the Director of Management and Budget, have 
the rank of a Deputy Director and shall be paid at 
the rate of pay payable for a position at level III of 
the Executive Schedule under section 5314 of title 
5, United States Code. 
(h) EXECUTIVE COUNCIL ON INFORMATION SHAR-
ING.— 
(1) ESTABLISHMENT.—There is established an 
Executive Council on Information Sharing that shall 
assist the Director of Management and Budget in 
the execution of the Director’s duties under this Act 
concerning information sharing.
141 
(2) MEMBERSHIP.—The members of the Execu-
tive Council shall be— 
(A) the Director of Management and 
Budget, who shall serve as Chairman of the Ex-
ecutive Council; 
(B) the Secretary of Homeland Security or 
his designee; 
(C) the Secretary of Defense or his des-
ignee; 
(D) the Attorney General or his designee; 
(E) the Secretary of State or his designee; 
(F) the Director of the Federal Bureau of 
Investigation or his designee; 
(G) the National Intelligence Director or 
his designee; 
(H) such other Federal officials as the 
President shall designate; 
(I) representatives of State, tribal, and 
local governments, to be appointed by the Presi-
dent; and 
(J) individuals who are employed in private 
businesses or nonprofit organizations that own 
or operate critical infrastructure, to be ap-
pointed by the President.
142 
(3) RESPONSIBILITIES.—The Executive Council 
shall assist the Director of Management and Budget 
in— 
(A) implementing and managing the Net-
work; 
(B) developing policies, procedures, guide-
lines, rules, and standards necessary to estab-
lish and implement the Network; 
(C) ensuring there is coordination among 
departments and agencies participating in the 
Network in the development and implementa-
tion of the Network; 
(D) reviewing, on an ongoing basis, poli-
cies, procedures, guidelines, rules, and stand-
ards related to the implementation of the Net-
work; 
(E) establishing a dispute resolution proc-
ess to resolve disagreements among depart-
ments and agencies about whether particular 
information should be shared and in what man-
ner; and 
(F) considering such reports as are sub-
mitted by the Advisory Board on Information 
Sharing under subsection (i)(2).
143 
(4) INAPPLICABILITY
OF
FEDERAL
ADVISORY 
COMMITTEE ACT.—The Council shall not be subject 
to the requirements of the Federal Advisory Com-
mittee Act (5 U.S.C. App.). 
(5) REPORTS.—Not later than 1 year after the 
date of the enactment of this Act, and annually 
thereafter, the Director of Management and Budget, 
in the capacity of Chair of the Executive Council, 
shall submit a report to the President and to Con-
gress that shall include— 
(A) a description of the activities and ac-
complishments of the Council in the preceding 
year; and 
(B) the number and dates of the meetings 
held by the Council and a list of attendees at 
each meeting. 
(6) INFORMING THE PUBLIC.—The Executive 
Council shall— 
(A) make its reports to Congress available 
to the public to the greatest extent that is con-
sistent with the protection of classified informa-
tion and applicable law; and 
(B) otherwise inform the public of its ac-
tivities, as appropriate and in a manner con-
144 
sistent with the protection of classified informa-
tion and applicable law. 
(i) ADVISORY BOARD ON INFORMATION SHARING.— 
(1) ESTABLISHMENT.—There is established an 
Advisory Board on Information Sharing to advise 
the President and the Executive Council on policy, 
technical, and management issues related to the de-
sign and operation of the Network. 
(2) RESPONSIBILITIES.—The Advisory Board 
shall advise the Executive Council on policy, tech-
nical, and management issues related to the design 
and operation of the Network. At the request of the 
Executive Council, or the Director of Management 
and Budget in the capacity as Chair of the Execu-
tive Council, or on its own initiative, the Advisory 
Board shall submit reports to the Executive Council 
concerning the findings and recommendations of the 
Advisory Board regarding the design and operation 
of the Network. 
(3) MEMBERSHIP AND QUALIFICATIONS.—The 
Advisory Board shall be composed of no more than 
15 members, to be appointed by the President from 
outside the Federal Government. The members of 
the Advisory Board shall have significant experience 
or expertise in policy, technical and operational mat-
172 
SEC. 
223. 
INDEPENDENCE 
OF 
NATIONAL 
COUNTER-
TERRORISM CENTER. 
No officer, department, agency, or element of the ex-
ecutive branch shall have any authority to require the Di-
rector of the National Counterterrorism Center— 
(1) to receive permission to testify before Con-
gress; or 
(2) 
to 
submit 
testimony, 
legislative 
rec-
ommendations, or comments to any officer or agency 
of the United States for approval, comments, or re-
view prior to the submission of such recommenda-
tions, testimony, or comments to Congress if such 
recommendations, testimony, or comments include a 
statement indicating that the views expressed there-
in are those of the agency submitting them and do 
not necessarily represent the views of the Adminis-
tration. 
SEC. 224. ACCESS OF CONGRESSIONAL COMMITTEES TO 
NATIONAL INTELLIGENCE. 
(a) DOCUMENTS REQUIRED TO BE PROVIDED TO 
CONGRESSIONAL
COMMITTEES.—The National Intel-
ligence 
Director, 
the 
Director 
of 
the 
National 
Counterterrorism Center, and the Director of a national 
intelligence center shall provide to the Select Committee 
on Intelligence of the Senate, the Permanent Select Com-
mittee on Intelligence of the House of Representatives,