145 
ters, including issues of security, privacy, or civil lib-
erties, and shall be selected solely on the basis of 
their professional qualifications, achievements, public 
stature and relevant experience. 
(4) CHAIR.—The President shall designate one 
of the members of the Advisory Board to act as 
chair of the Advisory Board. 
(5) ADMINISTRATIVE SUPPORT.—The Office of 
Management and Budget shall provide administra-
tive support for the Advisory Board. 
(j) REPORTS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, and semiannu-
ally thereafter, the President through the Director of 
Management and Budget shall submit a report to 
Congress on the state of the Network and of infor-
mation sharing across the Federal Government. 
(2) CONTENT.—Each report under this sub-
section shall include— 
(A) a progress report on the extent to 
which the Network has been implemented, in-
cluding how the Network has fared on the gov-
ernment-wide and agency-specific performance 
measures and whether the performance goals 
set in the preceding year have been met;
146 
(B) 
objective 
systemwide 
performance 
goals for the following year; 
(C) an accounting of how much was spent 
on the Network in the preceding year; 
(D) actions taken to ensure that agencies 
procure new technology that is consistent with 
the Network and information on whether new 
systems and technology are consistent with the 
Network; 
(E) the extent to which, in appropriate cir-
cumstances, all terrorism watch lists are avail-
able for combined searching in real time 
through the Network and whether there are 
consistent standards for placing individuals on, 
and removing individuals from, the watch lists, 
including the availability of processes for cor-
recting errors; 
(F) the extent to which unnecessary road-
blocks, impediments, or disincentives to infor-
mation sharing, including the inappropriate use 
of paper-only intelligence products and require-
ments for originator approval, have been elimi-
nated; 
(G) the extent to which positive incentives 
for information sharing have been implemented;
147 
(H) the extent to which classified informa-
tion is also made available through the Net-
work, in whole or in part, in unclassified form; 
(I) the extent to which State, tribal, and 
local officials— 
(i) are participating in the Network; 
(ii) have systems which have become 
integrated into the Network; 
(iii) are providing as well as receiving 
information; and 
(iv) are using the Network to commu-
nicate with each other; 
(J) the extent to which— 
(i) private sector data, including infor-
mation from owners and operators of crit-
ical infrastructure, is incorporated in the 
Network; and 
(ii) the private sector is both pro-
viding and receiving information; 
(K) where private sector data has been 
used by the Government or has been incor-
porated into the Network— 
(i) the measures taken to protect sen-
sitive business information; and
148 
(ii) where the data involves informa-
tion about individuals, the measures taken 
to ensure the accuracy of such data; 
(L) the measures taken by the Federal 
Government to ensure the accuracy of other in-
formation on the Network and, in particular, 
the accuracy of information about individuals; 
(M) an assessment of the Network’s pri-
vacy and civil liberties protections, including ac-
tions taken in the preceding year to implement 
or enforce privacy and civil liberties protections 
and a report of complaints received about inter-
ference with an individual’s privacy or civil lib-
erties; and 
(N) an assessment of the security protec-
tions of the Network. 
(k) AGENCY RESPONSIBILITIES.—The head of each 
department or agency possessing or using intelligence or 
homeland security information or otherwise participating 
in the Network shall— 
(1) ensure full department or agency compli-
ance with information sharing policies, procedures, 
guidelines, rules, and standards established for the 
Network under subsections (c) and (g);
149 
(2) ensure the provision of adequate resources 
for systems and activities supporting operation of 
and participation in the Network; and 
(3) ensure full agency or department coopera-
tion in the development of the Network and associ-
ated enterprise architecture to implement govern-
mentwide information sharing, and in the manage-
ment and acquisition of information technology con-
sistent with applicable law. 
(l) AGENCY PLANS AND REPORTS.—Each Federal 
department or agency that possesses or uses intelligence 
and homeland security information, operates a system in 
the Network or otherwise participates, or expects to par-
ticipate, in the Network, shall submit to the Director of 
Management and Budget— 
(1) not later than 1 year after the date of the 
enactment of this Act, a report including— 
(A) a strategic plan for implementation of 
the Network’s requirements within the depart-
ment or agency; 
(B) objective performance measures to as-
sess the progress and adequacy of the depart-
ment or agency’s information sharing efforts; 
and
150 
(C) budgetary requirements to integrate 
the agency into the Network, including pro-
jected annual expenditures for each of the fol-
lowing 5 years following the submission of the 
report; and 
(2) annually thereafter, reports including— 
(A) an assessment of the progress of the 
department or agency in complying with the 
Network’s requirements, including how well the 
agency has performed on the objective measures 
developed under paragraph (1)(B); 
(B) the agency’s expenditures to imple-
ment and comply with the Network’s require-
ments in the preceding year; and 
(C) the agency’s or department’s plans for 
further implementation of the Network in the 
year following the submission of the report. 
(m) PERIODIC ASSESSMENTS.— 
(1) COMPTROLLER GENERAL.— 
(A) IN GENERAL.—Not later than 1 year 
after the date of the enactment of this Act, and 
periodically thereafter, the Comptroller General 
shall evaluate the implementation of the Net-
work, both generally and, at the discretion of 
the Comptroller General, within specific depart-
151 
ments and agencies, to determine the extent of 
compliance with the Network’s requirements 
and to assess the effectiveness of the Network 
in improving information sharing and collabora-
tion and in protecting privacy and civil liberties, 
and shall report to Congress on the findings of 
the Comptroller General. 
(B) INFORMATION
AVAILABLE
TO
THE 
COMPTROLLER GENERAL.—Upon request by the 
Comptroller General, information relevant to an 
evaluation under subsection (a) shall be made 
available to the Comptroller General under sec-
tion 716 of title 31, United States Code. 
(C) CONSULTATION WITH CONGRESSIONAL 
COMMITTEES.—If a record is not made avail-
able to the Comptroller General within a rea-
sonable time, before the Comptroller General 
files a report under section 716(b)(1) of title 
31, United States Code, the Comptroller Gen-
eral shall consult with the Select Committee on 
Intelligence of the Senate, the Permanent Se-
lect Committee on Intelligence of the House of 
Representatives, the Committee on Govern-
mental Affairs of the Senate, and the Com-
mittee on Government Reform of the House of
152 
Representatives concerning the Comptroller’s 
intent to file a report. 
(2) INSPECTORS
GENERAL.—The Inspector 
General in any Federal department or agency that 
possesses or uses intelligence or homeland security 
information or that otherwise participates in the 
Network shall, at the discretion of the Inspector 
General— 
(A) conduct audits or investigations to— 
(i) determine the compliance of that 
department or agency with the Network’s 
requirements; and 
(ii) assess the effectiveness of that de-
partment or agency in improving informa-
tion sharing and collaboration and in pro-
tecting privacy and civil liberties; and 
(B) issue reports on such audits and inves-
tigations. 
(n) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated— 
(1) $50,000,000 to the Director of Management 
and Budget to carry out this section for fiscal year 
2005; and 
(2) such sums as are necessary to carry out this 
section in each fiscal year thereafter, to be disbursed
153 
and allocated in accordance with the Network imple-
mentation plan required by subsection (f). 
Subtitle B—Privacy and Civil 
Liberties 
SEC. 211. PRIVACY AND CIVIL LIBERTIES OVERSIGHT 
BOARD. 
(a) IN GENERAL.—There is established within the 
Executive Office of the President a Privacy and Civil Lib-
erties Oversight Board (referred to in this subtitle as the 
‘‘Board’’). 
(b) FINDINGS.—Consistent with the report of the Na-
tional Commission on Terrorist Attacks Upon the United 
States, Congress makes the following findings: 
(1) In conducting the war on terrorism, the 
Government may need additional powers and may 
need to enhance the use of its existing powers. 
(2) This shift of power and authority to the 
Government calls for an enhanced system of checks 
and balances to protect the precious liberties that 
are vital to our way of life and to ensure that the 
Government uses its powers for the purposes for 
which the powers were given. 
(c) PURPOSE.—The Board shall—
154 
(1) analyze and review actions the executive 
branch takes to protect the Nation from terrorism; 
and 
(2) ensure that liberty concerns are appro-
priately considered in the development and imple-
mentation of laws, regulations, and policies related 
to efforts to protect the Nation against terrorism. 
(d) FUNCTIONS.— 
(1) ADVICE AND COUNSEL ON POLICY DEVEL-
OPMENT
AND
IMPLEMENTATION.—The 
Board 
shall— 
(A) review proposed legislation, regula-
tions, and policies related to efforts to protect 
the Nation from terrorism, including the devel-
opment and adoption of information sharing 
guidelines under section 205(g); 
(B) review the implementation of new and 
existing legislation, regulations, and policies re-
lated to efforts to protect the Nation from ter-
rorism, including the implementation of infor-
mation sharing guidelines under section 205(g); 
(C) advise the President and the depart-
ments, agencies, and elements of the executive 
branch to ensure that privacy and civil liberties 
are appropriately considered in the development
155 
and implementation of such legislation, regula-
tions, policies, and guidelines; and 
(D) in providing advice on proposals to re-
tain or enhance a particular governmental 
power, consider whether the department, agen-
cy, or element of the executive branch has ex-
plained— 
(i) that the power actually materially 
enhances security; 
(ii) that there is adequate supervision 
of the use by the executive branch of the 
power to ensure protection of privacy and 
civil liberties; and 
(iii) that there are adequate guidelines 
and oversight to properly confine its use. 
(2) OVERSIGHT.—The Board shall continually 
review— 
(A) the regulations, policies, and proce-
dures, and the implementation of the regula-
tions, policies, and procedures, of the depart-
ments, agencies, and elements of the executive 
branch to ensure that privacy and civil liberties 
are protected; 
(B) the information sharing practices of 
the departments, agencies, and elements of the
156 
executive branch to determine whether they ap-
propriately protect privacy and civil liberties 
and adhere to the information sharing guide-
lines prescribed under section 205(g) and to 
other governing laws, regulations, and policies 
regarding privacy and civil liberties; and 
(C) other actions by the executive branch 
related to efforts to protect the Nation from 
terrorism to determine whether such actions— 
(i) appropriately protect privacy and 
civil liberties; and 
(ii) are consistent with governing 
laws, regulations, and policies regarding 
privacy and civil liberties. 
(3) RELATIONSHIP WITH PRIVACY AND CIVIL 
LIBERTIES OFFICERS.—The Board shall— 
(A) review and assess reports and other in-
formation from privacy officers and civil lib-
erties officers described in section 212; 
(B) when appropriate, make recommenda-
tions to such privacy officers and civil liberties 
officers regarding their activities; and 
(C) when appropriate, coordinate the ac-
tivities of such privacy officers and civil liberties 
officers on relevant interagency matters.
157 
(4) TESTIMONY.—The Members of the Board 
shall appear and testify before Congress upon re-
quest. 
(e) REPORTS.— 
(1) IN GENERAL.—The Board shall— 
(A) receive and review reports from privacy 
officers and civil liberties officers described in 
section 212; and 
(B) periodically submit, not less than semi-
annually, reports— 
(i)(I) to the appropriate committees of 
Congress, including the Committees on the 
Judiciary of the Senate and the House of 
Representatives, the Committee on Govern-
mental Affairs of the Senate, the Com-
mittee on Government Reform of the 
House of Representatives, the Select Com-
mittee on Intelligence of the Senate, and 
the Permanent Select Committee on Intel-
ligence of the House of Representatives; 
and 
(II) to the President; and 
(ii) which shall be in unclassified form 
to the greatest extent possible, with a clas-
sified annex where necessary.
158 
(2) CONTENTS.—Not less than 2 reports sub-
mitted each year under paragraph (1)(B) shall in-
clude— 
(A) a description of the major activities of 
the Board during the preceding period; and 
(B) information on the findings, conclu-
sions, and recommendations of the Board re-
sulting from its advice and oversight functions 
under subsection (d). 
(f) INFORMING
THE
PUBLIC.—The Board 
shall— 
(1) make its reports, including its reports to 
Congress, available to the public to the greatest ex-
tent that is consistent with the protection of classi-
fied information and applicable law; and 
(2) hold public hearings and otherwise inform 
the public of its activities, as appropriate and in a 
manner consistent with the protection of classified 
information and applicable law. 
(g) ACCESS TO INFORMATION.— 
(1) AUTHORIZATION.—If determined by the 
Board to be necessary to carry out its responsibil-
ities under this section, the Board is authorized to— 
(A) have access from any department, 
agency, or element of the executive branch, or
159 
any Federal officer or employee, to all relevant 
records, reports, audits, reviews, documents, pa-
pers, recommendations, or other relevant mate-
rial, including classified information consistent 
with applicable law; 
(B) interview, take statements from, or 
take public testimony from personnel of any de-
partment, agency, or element of the executive 
branch, or any Federal officer or employee; 
(C) request information or assistance from 
any State, tribal, or local government; and 
(D) require, by subpoena issued at the di-
rection of a majority of the members of the 
Board, persons (other than departments, agen-
cies, and elements of the executive branch) to 
produce any relevant information, documents, 
reports, answers, records, accounts, papers, and 
other documentary or testimonial evidence. 
(2) ENFORCEMENT OF SUBPOENA.—In the case 
of contumacy or failure to obey a subpoena issued 
under paragraph (1)(D), the United States district 
court for the judicial district in which the subpoe-
naed person resides, is served, or may be found may 
issue an order requiring such person to produce the 
evidence required by such subpoena.
160 
(3) AGENCY
COOPERATION.—Whenever infor-
mation or assistance requested under subparagraph 
(A) or (B) of paragraph (1) is, in the judgment of 
the Board, unreasonably refused or not provided, the 
Board shall report the circumstances to the head of 
the department, agency, or element concerned with-
out delay. The head of the department, agency, or 
element concerned shall ensure that the Board is 
given access to the information, assistance, material, 
or personnel the Board determines to be necessary 
to carry out its functions. 
(h) MEMBERSHIP.— 
(1) MEMBERS.—The Board shall be composed 
of a full-time chairman and 4 additional members, 
who shall be appointed by the President, by and 
with the advice and consent of the Senate. 
(2) QUALIFICATIONS.—Members of the Board 
shall be selected solely on the basis of their profes-
sional qualifications, achievements, public stature, 
expertise in civil liberties and privacy, and relevant 
experience, and without regard to political affiliation, 
but in no event shall more than 3 members of the 
Board be members of the same political party. 
(3) INCOMPATIBLE OFFICE.—An individual ap-
pointed to the Board may not, while serving on the
161 
Board, be an elected official, officer, or employee of 
the Federal Government, other than in the capacity 
as a member of the Board. 
(4) TERM.—Each member of the Board shall 
serve a term of six years, except that— 
(A) a member appointed to a term of office 
after the commencement of such term may 
serve under such appointment only for the re-
mainder of such term; 
(B) upon the expiration of the term of of-
fice of a member, the member shall continue to 
serve until the member’s successor has been ap-
pointed and qualified, except that no member 
may serve under this subparagraph— 
(i) for more than 60 days when Con-
gress is in session unless a nomination to 
fill the vacancy shall have been submitted 
to the Senate; or 
(ii) after the adjournment sine die of 
the session of the Senate in which such 
nomination is submitted; and 
(C) the members initially appointed under 
this subsection shall serve terms of two, three, 
four, five, and six years, respectively, from the
162 
effective date of this Act, with the term of each 
such member to be designated by the President. 
(5) QUORUM AND MEETINGS.—After its initial 
meeting, the Board shall meet upon the call of the 
chairman or a majority of its members. Three mem-
bers of the Board shall constitute a quorum. 
(i) COMPENSATION AND TRAVEL EXPENSES.— 
(1) COMPENSATION.— 
(A) CHAIRMAN.—The chairman shall be 
compensated 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. 
(B) MEMBERS.—Each member of the 
Board shall be compensated at a rate of pay 
payable for a position at level IV of the Execu-
tive Schedule under section 5315 of title 5, 
United States Code, for each day during which 
that member is engaged in the actual perform-
ance of the duties of the Board. 
(2) TRAVEL
EXPENSES.—Members of the 
Board shall be allowed travel expenses, including per 
diem in lieu of subsistence, at rates authorized for 
persons employed intermittently by the Government 
under section 5703(b) of title 5, United States Code,
163 
while away from their homes or regular places of 
business in the performance of services for the Board. 
(j) STAFF.— 
(1) APPOINTMENT AND COMPENSATION.—The 
Chairman, in accordance with rules agreed upon by 
the Board, shall appoint and fix the compensation of 
a full-time executive director and such other per-
sonnel as may be necessary to enable the Board to 
carry out its functions, without regard to the provi-
sions of title 5, United States Code, governing ap-
pointments in the competitive service, and without 
regard to the provisions of chapter 51 and sub-
chapter III of chapter 53 of such title relating to 
classification and General Schedule pay rates, except 
that no rate of pay fixed under this subsection may 
exceed the equivalent of that payable for a position 
at level V of the Executive Schedule under section 
5316 of title 5, United States Code. 
(2) DETAILEES.—Any Federal employee may 
be detailed to the Board without reimbursement 
from the Board, and such detailee shall retain the 
rights, status, and privileges of the detailee’s regular 
employment without interruption. 
(3) CONSULTANT SERVICES.—The Board may 
procure the temporary or intermittent services of ex-
164 
perts and consultants in accordance with section 
3109 of title 5, United States Code, at rates that do 
not exceed the daily rate paid a person occupying a 
position at level IV of the Executive Schedule under 
section 5315 of such title. 
(k) SECURITY CLEARANCES.—The appropriate de-
partments, agencies, and elements of the executive branch 
shall cooperate with the Board to expeditiously provide the 
Board members and staff with appropriate security clear-
ances to the extent possible under existing procedures and 
requirements. 
(l) TREATMENT AS AGENCY, NOT AS ADVISORY COM-
MITTEE.—The Board— 
(1) is an agency (as defined in section 551(1) 
of title 5, United States Code); and 
(2) is not an advisory committee (as defined in 
section 3(2) of the Federal Advisory Committee Act 
(5 U.S.C. App.)). 
SEC. 212. PRIVACY AND CIVIL LIBERTIES OFFICERS. 
(a) DESIGNATION AND FUNCTIONS.—The Attorney 
General, the Secretary of Defense, the Secretary of State, 
the Secretary of the Treasury, the Secretary of Health and 
Human Services, the Secretary of Homeland Security, the 
National Intelligence Director, the Director of the Central 
Intelligence Agency, and the head of any other depart-
165 
ment, agency, or element of the executive branch des-
ignated by the Privacy and Civil Liberties Oversight 
Board to be appropriate for coverage under this section 
shall designate not less than 1 senior officer to— 
(1) assist the head of such department, agency, 
or element and other officials of such department, 
agency, or element in appropriately considering pri-
vacy and civil liberties concerns when such officials 
are proposing, developing, or implementing laws, 
regulations, policies, procedures, or guidelines re-
lated to efforts to protect the Nation against ter-
rorism; 
(2) periodically investigate and review depart-
ment, agency, or element actions, policies, proce-
dures, guidelines, and related laws and their imple-
mentation to ensure that such department, agency, 
or element is adequately considering privacy and 
civil liberties in its actions; 
(3) ensure that such department, agency, or 
element has adequate procedures to receive, inves-
tigate, respond to, and redress complaints from indi-
viduals who allege such department, agency, or ele-
ment has violated their privacy or civil liberties; and 
(4) in providing advice on proposals to retain or 
enhance a particular governmental power the officer
166 
shall consider whether such department, agency, or 
element has explained— 
(i) that the power actually materially 
enhances security; 
(ii) that there is adequate supervision 
of the use by such department, agency, or 
element of the power to ensure protection 
of privacy and civil liberties; and 
(iii) that there are adequate guidelines 
and oversight to properly confine its use. 
(b) EXCEPTION TO DESIGNATION AUTHORITY.— 
(1) PRIVACY
OFFICERS.—In any department, 
agency, or element referred to in subsection (a) or 
designated by the Board, which has a statutorily 
created privacy officer, such officer shall perform the 
functions specified in subsection (a) with respect to 
privacy. 
(2) CIVIL
LIBERTIES
OFFICERS.—In any de-
partment, agency, or element referred to in sub-
section (a) or designated by the Board, which has a 
statutorily created civil liberties officer, such officer 
shall perform the functions specified in subsection 
(a) with respect to civil liberties.
167 
(c) SUPERVISION AND COORDINATION.—Each pri-
vacy officer or civil liberties officer described in subsection 
(a) or (b) shall— 
(1) report directly to the head of the depart-
ment, agency, or element concerned; and 
(2) coordinate their activities with the Inspector 
General of such department, agency, or element to 
avoid duplication of effort. 
(d) AGENCY COOPERATION.—The head of each de-
partment, agency, or element shall ensure that each pri-
vacy officer and civil liberties officer— 
(1) has the information, material, and resources 
necessary to fulfill the functions of such officer; 
(2) is advised of proposed policy changes; 
(3) is consulted by decision makers; and 
(4) is given access to material and personnel 
the officer determines to be necessary to carry out 
the functions of such officer. 
(e) REPRISAL FOR MAKING COMPLAINT.—No action 
constituting a reprisal, or threat of reprisal, for making 
a complaint or for disclosing information to a privacy offi-
cer or civil liberties officer described in subsection (a) or 
(b), or to the Privacy and Civil Liberties Oversight Board, 
that indicates a possible violation of privacy protections 
or civil liberties in the administration of the programs and
168 
operations of the Federal Government relating to efforts 
to protect the Nation from terrorism shall be taken by 
any Federal employee in a position to take such action, 
unless the complaint was made or the information was dis-
closed with the knowledge that it was false or with willful 
disregard for its truth or falsity. 
(f) PERIODIC REPORTS.— 
(1) IN GENERAL.—The privacy officers and civil 
liberties officers of each department, agency, or ele-
ment referred to or described in subsection (a) or 
(b) shall periodically, but not less than quarterly, 
submit a report on the activities of such officers— 
(A)(i) to the appropriate committees of 
Congress, including the Committees on the Ju-
diciary of the Senate and the House of Rep-
resentatives, the Committee on Governmental 
Affairs of the Senate, the Committee on Gov-
ernment Reform of the House of Representa-
tives, the Select Committee on Intelligence of 
the Senate, and the Permanent Select Com-
mittee on Intelligence of the House of Rep-
resentatives; 
(ii) to the head of such department, agen-
cy, or element; and
169 
(iii) to the Privacy and Civil Liberties 
Oversight Board; and 
(B) which shall be in unclassified form to 
the greatest extent possible, with a classified 
annex where necessary. 
(2) CONTENTS.—Each report submitted under 
paragraph (1) shall include information on the dis-
charge of each of the functions of the officer con-
cerned, including— 
(A) information on the number and types 
of reviews undertaken; 
(B) the type of advice provided and the re-
sponse given to such advice; 
(C) the number and nature of the com-
plaints received by the department, agency, or 
element concerned for alleged violations; and 
(D) a summary of the disposition of such 
complaints, the reviews and inquiries conducted, 
and the impact of the activities of such officer. 
(g) INFORMING THE PUBLIC.—Each privacy officer 
and civil liberties officer shall— 
(1) make the reports of such officer, including 
reports to Congress, available to the public to the 
greatest extent that is consistent with the protection 
of classified information and applicable law; and
170 
(2) otherwise inform the public of the activities 
of such officer, as appropriate and in a manner con-
sistent with the protection of classified information 
and applicable law. 
(h) SAVINGS CLAUSE.—Nothing in this section shall 
be construed to limit or otherwise supplant any other au-
thorities or responsibilities provided by law to privacy offi-
cers or civil liberties officers. 
Subtitle C—Independence of 
Intelligence Agencies 
SEC. 221. INDEPENDENCE OF NATIONAL INTELLIGENCE DI-
RECTOR. 
(a) LOCATION OUTSIDE EXECUTIVE OFFICE OF THE 
PRESIDENT.—The National Intelligence Director shall not 
be located within the Executive Office of the President. 
(b) PROVISION OF NATIONAL INTELLIGENCE.—The 
National Intelligence Director shall provide to the Presi-
dent and Congress national intelligence that is timely, ob-
jective, and independent of political considerations, and 
has not been shaped to serve policy goals. 
SEC. 222. INDEPENDENCE OF INTELLIGENCE. 
(a) DIRECTOR OF NATIONAL COUNTERTERRORISM 
CENTER.—The Director of the National Counterterrorism 
Center shall provide to the President, Congress, and the 
National Intelligence Director national intelligence related
171 
to counterterrorism that is timely, objective, and inde-
pendent of political considerations, and has not been 
shaped to serve policy goals. 
(b) DIRECTORS OF NATIONAL INTELLIGENCE CEN-
TERS.—Each Director of a national intelligence center es-
tablished under section 144 shall provide to the President, 
Congress, and the National Intelligence Director intel-
ligence information that is timely, objective, and inde-
pendent of political considerations, and has not been 
shaped to serve policy goals. 
(c) DIRECTOR OF CENTRAL INTELLIGENCE AGEN-
CY.—The Director of the Central Intelligence Agency shall 
ensure that intelligence produced by the Central Intel-
ligence Agency is objective and independent of political 
considerations, and has not been shaped to serve policy 
goals. 
(d) NATIONAL INTELLIGENCE COUNCIL.—The Na-
tional Intelligence Council shall produce national intel-
ligence estimates for the United States Government that 
are timely, objective, and independent of political consider-
ations, and have not been shaped to serve policy goals.
173 
and any other committee of Congress with jurisdiction 
over the subject matter to which the information relates, 
all intelligence assessments, intelligence estimates, sense 
of intelligence community memoranda, and daily senior ex-
ecutive intelligence briefs, other than the Presidential 
Daily Brief and those reports prepared exclusively for the 
President. 
(b) RESPONSE TO REQUESTS FROM CONGRESS RE-
QUIRED.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), in addition to providing material under 
subsection (a), the National Intelligence Director, 
the Director of the National Counterterrorism Cen-
ter, or the Director of a national intelligence center 
shall, not later than 15 days after receiving a re-
quest for any intelligence assessment, report, or esti-
mate or other intelligence information from the Se-
lect Committee on Intelligence of the Senate, the 
Permanent Select Committee on Intelligence of the 
House of Representatives, or any other committee of 
Congress with jurisdiction over the subject matter to 
which the information relates, make available to 
such committee such intelligence assessment, report, 
or estimate or other intelligence information.
174 
(2) CERTAIN
MEMBERS.—In addition to re-
quests described in paragraph (1), the National In-
telligence Director shall respond to requests from 
the Chairman and Vice Chairman of the Select Com-
mittee on Intelligence of the Senate and the Chair-
man and Ranking Member of the Permanent Select 
Committee on Intelligence of the House of Rep-
resentatives. Upon making a request covered by this 
paragraph, the Chairman, Vice Chairman, or Rank-
ing Member, as the case may be, of such committee 
shall notify the other of the Chairman, Vice Chair-
man, or Ranking Member, as the case may be, of 
such committee of such request. 
(3) ASSERTIONS OF PRIVILEGE.—In response 
to requests described under paragraph (1) or (2), 
the National Intelligence Director, the Director of 
the National Counterterrorism Center, or the Direc-
tor of a national intelligence center shall provide in-
formation, unless the President certifies that such 
information is not being provided because the Presi-
dent is asserting a privilege pursuant to the United 
States Constitution. 
SEC. 225. COMMUNICATIONS WITH CONGRESS. 
(a) DISCLOSURE
OF CERTAIN INFORMATION AU-
THORIZED.—
175 
(1) IN GENERAL.—Employees of covered agen-
cies and employees of contractors carrying out ac-
tivities under classified contracts with covered agen-
cies may disclose information described in paragraph 
(2) to the individuals referred to in paragraph (3) 
without first reporting such information to the ap-
propriate Inspector General. 
(2) COVERED
INFORMATION.—Paragraph (1) 
applies to information, including classified informa-
tion, that an employee reasonably believes provides 
direct and specific evidence of a false or inaccurate 
statement to Congress contained in, or withheld 
from Congress, any intelligence information material 
to, any intelligence assessment, report, or estimate, 
but does not apply to information the disclosure of 
which is prohibited by rule 6(e) of the Federal Rules 
of Criminal Procedure. 
(3) COVERED INDIVIDUALS.— 
(A) IN
GENERAL.—The individuals to 
whom information in paragraph (2) may be dis-
closed are— 
(i) a Member of a committee of Con-
gress having primary responsibility for 
oversight of a department, agency, or ele-
ment of the United States Government to
176 
which the disclosed information relates and 
who is authorized to receive information of 
the type disclosed; 
(ii) any other Member of Congress 
who is authorized to receive information of 
the type disclosed; and 
(iii) an employee of Congress who has 
the appropriate security clearance and is 
authorized to receive information of the 
type disclosed. 
(B) PRESUMPTION OF NEED FOR INFOR-
MATION.—An individual described in subpara-
graph (A) to whom information is disclosed 
under paragraph (2) shall be presumed to have 
a need to know such information. 
(b) CONSTRUCTION WITH OTHER REPORTING RE-
QUIREMENTS.—Nothing in this section may be construed 
to modify, alter, or otherwise affect— 
(1) any reporting requirement relating to intel-
ligence activities that arises under this Act, the Na-
tional Security Act of 1947 (50 U.S.C. 401 et seq.), 
or any other provision of law; or 
(2) the right of any employee of the United 
States Government to disclose to Congress in ac-
177 
cordance with applicable law information not de-
scribed in this section. 
(c) COVERED AGENCIES DEFINED.—In this section, 
the term ‘‘covered agencies’’ means the following: 
(1) The National Intelligence Authority, includ-
ing the National Counterterrorism Center. 
(2) The Central Intelligence Agency. 
(3) The Defense Intelligence Agency. 
(4) The National Geospatial-Intelligence Agen-
cy. 
(5) The National Security Agency. 
(6) The Federal Bureau of Investigation. 
(7) Any other Executive agency, or element or 
unit thereof, determined by the President under sec-
tion 2302(a)(2)(C)(ii) of title 5, United States Code, 
to have as its principal function the conduct of for-
eign intelligence or counterintelligence activities.
178 
TITLE III—MODIFICATIONS OF 
LAWS RELATING TO INTEL-
LIGENCE COMMUNITY MAN-
AGEMENT 
Subtitle A—Conforming and Other 
Amendments 
SEC. 301. RESTATEMENT AND MODIFICATION OF BASIC AU-
THORITY ON THE CENTRAL INTELLIGENCE 
AGENCY. 
(a) IN GENERAL.—Title I of the National Security 
Act of 1947 (50 U.S.C. 402 et seq.) is amended by strik-
ing sections 102 through 104 and inserting the following 
new sections: 
‘‘CENTRAL INTELLIGENCE AGENCY 
‘‘SEC. 102. (a) CENTRAL INTELLIGENCE AGENCY.— 
There is a Central Intelligence Agency. 
‘‘(b) FUNCTION.—The function of the Central Intel-
ligence Agency is to assist the Director of the Central In-
telligence Agency in carrying out the responsibilities speci-
fied in section 103(d). 
‘‘DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY 
‘‘SEC. 103. (a) DIRECTOR
OF CENTRAL INTEL-
LIGENCE AGENCY.—There is a Director of the Central In-
telligence Agency who shall be appointed by the President, 
by and with the advice and consent of the Senate.
179 
‘‘(b) SUPERVISION.—The Director of the Central In-
telligence Agency shall report to the National Intelligence 
Director regarding the activities of the Director of the 
Central Intelligence Agency. 
‘‘(c) DUTIES.—The Director of the Central Intel-
ligence Agency shall— 
‘‘(1) serve as the head of the Central Intel-
ligence Agency; and 
‘‘(2) carry out the responsibilities specified in 
subsection (d). 
‘‘(d) RESPONSIBILITIES.—The Director of the Cen-
tral Intelligence Agency shall— 
‘‘(1) collect intelligence through human sources 
and by other appropriate means, except that the Di-
rector of the Central Intelligence Agency shall have 
no police, subpoena, or law enforcement powers or 
internal security functions; 
‘‘(2) correlate and evaluate intelligence related 
to the national security and provide appropriate dis-
semination of such intelligence; 
‘‘(3) provide overall direction for and coordina-
tion of the collection of national intelligence outside 
the United States through human sources by ele-
ments of the intelligence community authorized to 
undertake such collection and, in coordination with
180 
other departments, agencies, or elements of the 
United States Government which are authorized to 
undertake such collection, ensure that the most ef-
fective use is made of resources and that appropriate 
account is taken of the risks to the United States 
and those involved in such collection; and 
‘‘(4) perform such other functions and duties 
pertaining to intelligence relating to the national se-
curity as the President or the National Intelligence 
Director may direct. 
‘‘(e) TERMINATION OF EMPLOYMENT OF CIA EM-
PLOYEES.—(1) Notwithstanding the provisions of any 
other law, the Director of the Central Intelligence Agency 
may, in the discretion of the Director, terminate the em-
ployment of any officer or employee of the Central Intel-
ligence Agency whenever the Director considers the termi-
nation of employment of such officer or employee nec-
essary or advisable in the interests of the United States. 
‘‘(2) Any termination of employment of an officer or 
employee under paragraph (1) shall not affect the right 
of the officer or employee to seek or accept employment 
in any other department, agency, or element of the United 
States Government if declared eligible for such employ-
ment by the Office of Personnel Management.
181 
‘‘(f) COORDINATION
WITH
FOREIGN
GOVERN-
MENTS.—Under the direction of the National Intelligence 
Director and in a manner consistent with section 207 of 
the Foreign Service Act of 1980 (22 U.S.C. 3927), the 
Director of the Central Intelligence Agency shall coordi-
nate the relationships between elements of the intelligence 
community and the intelligence or security services of for-
eign governments on all matters involving intelligence re-
lated to the national security or involving intelligence ac-
quired through clandestine means.’’. 
(b) TRANSFORMATION OF CENTRAL INTELLIGENCE 
AGENCY.—The Director of the Central Intelligence Agen-
cy shall, in accordance with standards developed by the 
Director in consultation with the National Intelligence Di-
rector— 
(1) enhance the analytic, human intelligence, 
and other capabilities of the Central Intelligence 
Agency; 
(2) develop and maintain an effective language 
program within the Agency; 
(3) emphasize the hiring of personnel of diverse 
backgrounds for purposes of improving the capabili-
ties of the Agency; 
(4) establish and maintain effective relation-
ships between human intelligence and signals intel-
182 
ligence within the Agency at the operational level; 
and 
(5) achieve a more effective balance within the 
Agency with respect to unilateral operations and liai-
son operations. 
(c) REPORTS.—(1) Not later than 180 days after the 
effective date of this section, and annually thereafter, the 
Director of the Central Intelligence Agency shall submit 
to the National Intelligence Director and the congressional 
intelligence committees a report setting forth the fol-
lowing: 
(A) A strategy for improving the conduct of 
analysis (including strategic analysis) by the Central 
Intelligence Agency, and the progress of the Agency 
in implementing the strategy. 
(B) A strategy for improving the human intel-
ligence and other capabilities of the Agency, and the 
progress of the Agency in implementing the strategy, 
including— 
(i) the recruitment, training, equipping, 
and deployment of personnel required to ad-
dress the current and projected threats to the 
national security of the United States during 
each of the 2-year, 5-year, and 10-year periods 
beginning on the date of such report, including
184 
(D) Metrics and milestones for measuring 
progress in the implementation of each such strat-
egy. 
(2)(A) The information in each report under para-
graph (1) on the element of the strategy referred to in 
paragraph (1)(B)(i) shall identify the number and types 
of personnel required to implement the strategy during 
each period addressed in such report, include a plan for 
the recruitment, training, equipping, and deployment of 
such personal, and set forth an estimate of the costs of 
such activities. 
(B) If as of the date of a report under paragraph 
(1), a proper balance does not exist between unilateral op-
erations and liaison operations, such report shall set forth 
the steps to be taken to achieve such balance. 
(C) The information in each report under paragraph 
(1) on the element of the strategy referred to in paragraph 
(1)(B)(v) shall identify the other capabilities required to 
implement the strategy during each period addressed in 
such report, include a plan for developing such capabili-
ties, and set forth an estimate of the costs of such activi-
ties.
185 
SEC. 
302. 
CONFORMING 
AMENDMENTS 
RELATING 
TO 
ROLES OF NATIONAL INTELLIGENCE DIREC-
TOR AND DIRECTOR OF THE CENTRAL INTEL-
LIGENCE AGENCY. 
(a) NATIONAL SECURITY ACT OF 1947.—(1) The 
National Security Act of 1947 (50 U.S.C. 401 et seq.) 
is amended by striking ‘‘Director of Central Intelligence’’ 
each place it appears in the following provisions and in-
serting ‘‘National Intelligence Director’’: 
(A) Section 3(5)(B) (50 U.S.C. 401a(5)(B)). 
(B) 
Section 
101(h)(2)(A) 
(50 
U.S.C. 
402(h)(2)(A)). 
(C) Section 101(h)(5) (50 U.S.C. 402(h)(5)). 
(D) 
Section 
101(i)(2)(A) 
(50 
U.S.C. 
402(i)(2)(A)). 
(E) Section 101(j) (50 U.S.C. 402(j)). 
(F) Section 105(a) (50 U.S.C. 403–5(a)). 
(G) Section 105(b)(6)(A) (50 U.S.C. 403– 
5(b)(6)(A)). 
(H) Section 105B(a)(1) (50 U.S.C. 403– 
5b(a)(1)). 
(I) Section 105B(b) (50 U.S.C. 403–5b(b)). 
(J) Section 110(b) (50 U.S.C. 404e(b)). 
(K) Section 110(c) (50 U.S.C. 404e(c)). 
(L) Section 112(a)(1) (50 U.S.C. 404g(a)(1)). 
(M) Section 112(d)(1) (50 U.S.C. 404g(d)(1)).
186 
(N) 
Section 
113(b)(2)(A) 
(50 
U.S.C. 
404h(b)(2)(A)). 
(O) Section 114(a)(1) (50 U.S.C. 404i(a)(1)). 
(P) Section 114(b)(1) (50 U.S.C. 404i(b)(1)). 
(R) Section 115(a)(1) (50 U.S.C. 404j(a)(1)). 
(S) Section 115(b) (50 U.S.C. 404j(b)). 
(T) 
Section 
115(c)(1)(B) 
(50 
U.S.C. 
404j(c)(1)(B)). 
(U) Section 116(a) (50 U.S.C. 404k(a)). 
(V) Section 117(a)(1) (50 U.S.C. 404l(a)(1)). 
(W) Section 303(a) (50 U.S.C. 405(a)), both 
places it appears. 
(X) Section 501(d) (50 U.S.C. 413(d)). 
(Y) Section 502(a) (50 U.S.C. 413a(a)). 
(Z) Section 502(c) (50 U.S.C. 413a(c)). 
(AA) Section 503(b) (50 U.S.C. 413b(b)). 
(BB) Section 504(a)(2) (50 U.S.C. 414(a)(2)). 
(CC) 
Section 
504(a)(3)(C) 
(50 
U.S.C. 
414(a)(3)(C)). 
(DD) Section 504(d)(2) (50 U.S.C. 414(d)(2)). 
(EE) Section 506A(a)(1) (50 U.S.C. 415a– 
1(a)(1)). 
(FF) Section 603(a) (50 U.S.C. 423(a)). 
(GG) Section 702(a)(1) (50 U.S.C. 432(a)(1)).
187 
(HH) Section 702(a)(6)(B)(viii) (50 U.S.C. 
432(a)(6)(B)(viii)). 
(II) Section 702(b)(1) (50 U.S.C. 432(b)(1)), 
both places it appears. 
(JJ) Section 703(a)(1) (50 U.S.C. 432a(a)(1)). 
(KK) Section 703(a)(6)(B)(viii) (50 U.S.C. 
432a(a)(6)(B)(viii)). 
(LL) Section 703(b)(1) (50 U.S.C. 432a(b)(1)), 
both places it appears. 
(MM) 
Section 
704(a)(1) 
(50 
U.S.C. 
432b(a)(1)). 
(NN) 
Section 
704(f)(2)(H) 
(50 
U.S.C. 
432b(f)(2)(H)). 
(OO) 
Section 
704(g)(1)) 
(50 
U.S.C. 
432b(g)(1)), both places it appears. 
(PP) Section 1001(a) (50 U.S.C. 441g(a)). 
(QQ) 
Section 
1102(a)(1) 
(50 
U.S.C. 
442a(a)(1)). 
(RR) 
Section 
1102(b)(1) 
(50 
U.S.C. 
442a(b)(1)). 
(SS) 
Section 
1102(c)(1) 
(50 
U.S.C. 
442a(c)(1)). 
(TT) Section 1102(d) (50 U.S.C. 442a(d)).
188 
(2) That Act is further amended by striking ‘‘of Cen-
tral Intelligence’’ each place it appears in the following 
provisions: 
(A) Section 105(a)(2) (50 U.S.C. 403–5(a)(2)). 
(B) Section 105B(a)(2) (50 U.S.C. 403– 
5b(a)(2)). 
(C) Section 105B(b) (50 U.S.C. 403–5b(b)), 
the second place it appears. 
(3) That Act is further amended by striking ‘‘Direc-
tor’’ each place it appears in the following provisions and 
inserting ‘‘National Intelligence Director’’: 
(A) Section 114(c) (50 U.S.C. 404i(c)). 
(B) Section 116(b) (50 U.S.C. 404k(b)). 
(C) Section 1001(b) (50 U.S.C. 441g(b)). 
(C) Section 1001(c) (50 U.S.C. 441g(c)), the 
first place it appears. 
(D) 
Section 
1001(d)(1)(B) 
(50 
U.S.C. 
441g(d)(1)(B)). 
(E) Section 1001(e) (50 U.S.C. 441g(e)), the 
first place it appears. 
(4) Section 114A of that Act (50 U.S.C. 404i–1) is 
amended by striking ‘‘Director of Central Intelligence’’ 
and inserting ‘‘National Intelligence Director, the Director 
of the Central Intelligence Agency’’
189 
(5) Section 701 of that Act (50 U.S.C. 431) is 
amended— 
(A) in subsection (a), by striking ‘‘Operational 
files of the Central Intelligence Agency may be ex-
empted by the Director of Central Intelligence’’ and 
inserting ‘‘The Director of the Central Intelligence 
Agency, with the coordination of the National Intel-
ligence Director, may exempt operational files of the 
Central Intelligence Agency’’; and 
(B) in subsection (g)(1), by striking ‘‘Director 
of Central Intelligence’’ and inserting ‘‘Director of 
the Central Intelligence Agency and the National In-
telligence Director’’. 
(6) The heading for section 114 of that Act (50 
U.S.C. 404i) is amended to read as follows: 
‘‘ADDITIONAL ANNUAL REPORTS FROM THE NATIONAL 
INTELLIGENCE DIRECTOR’’. 
(b) CENTRAL
INTELLIGENCE
AGENCY
ACT
OF 
1949.—(1) Section 1 of the Central Intelligence Agency 
Act of 1949 (50 U.S.C. 403a) is amended— 
(A) by redesignating paragraphs (a), (b), and 
(c) as paragraphs (1), (2), and (3), respectively; and 
(B) by striking paragraph (2), as so redesig-
nated, and inserting the following new paragraph 
(2):
190 
‘‘(2) ‘Director’ means the Director of the Central In-
telligence Agency; and’’. 
(2) That Act (50 U.S.C. 403a et seq.) is further 
amended by striking ‘‘Director of Central Intelligence’’ 
each place it appears in the following provisions and in-
serting ‘‘National Intelligence Director’’: 
(A) Section 6 (50 U.S.C. 403g). 
(B) Section 17(f) (50 U.S.C. 403q(f)), both 
places it appears. 
(3) That Act is further amended by striking ‘‘of Cen-
tral Intelligence’’ in each of the following provisions: 
(A) Section 2 (50 U.S.C. 403b). 
(A) 
Section 
16(c)(1)(B) 
(50 
U.S.C. 
403p(c)(1)(B)). 
(B) Section 17(d)(1) (50 U.S.C. 403q(d)(1)). 
(C) Section 20(c) (50 U.S.C. 403t(c)). 
(4) That Act is further amended by striking ‘‘Direc-
tor of Central Intelligence’’ each place it appears in the 
following provisions and inserting ‘‘Director of the Central 
Intelligence Agency’’: 
(A) Section 14(b) (50 U.S.C. 403n(b)). 
(B) Section 16(b)(2) (50 U.S.C. 403p(b)(2)). 
(C) Section 16(b)(3) (50 U.S.C. 403p(b)(3)), 
both places it appears. 
(D) Section 21(g)(1) (50 U.S.C. 403u(g)(1)).
191 
(E) Section 21(g)(2) (50 U.S.C. 403u(g)(2)). 
(c) CENTRAL INTELLIGENCE AGENCY RETIREMENT 
ACT.—Section 101 of the Central Intelligence Agency Re-
tirement Act (50 U.S.C. 2001) is amended by striking 
paragraph (2) and inserting the following new paragraph 
(2): 
‘‘(2) DIRECTOR.—The term ‘Director’ means 
the Director of the Central Intelligence Agency.’’. 
(d) CIA VOLUNTARY SEPARATION PAY ACT.—Sub-
section (a)(1) of section 2 of the Central Intelligence 
Agency Voluntary Separation Pay Act (50 U.S.C. 2001 
note) is amended to read as follows: 
‘‘(1) the term ‘Director’ means the Director of 
the Central Intelligence Agency;’’. 
(e) FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 
1978.—(1) The Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1801 et seq.) is amended by striking ‘‘Di-
rector of Central Intelligence’’ each place it appears and 
inserting ‘‘National Intelligence Director’’. 
(f) CLASSIFIED INFORMATION PROCEDURES ACT.— 
Section 9(a) of the Classified Information Procedures Act 
(5 U.S.C. App.) is amended by striking ‘‘Director of Cen-
tral Intelligence’’ and inserting ‘‘National Intelligence Di-
rector’’. 
(g) INTELLIGENCE AUTHORIZATION ACTS.—
192 
(1) PUBLIC LAW 103–359.—Section 811(c)(6)(C) 
of the Counterintelligence and Security Enhance-
ments Act of 1994 (title VIII of Public Law 103– 
359) is amended by striking ‘‘Director of Central In-
telligence’’ and inserting ‘‘National Intelligence Di-
rector’’. 
(2) PUBLIC LAW 107–306.—(A) The Intelligence 
Authorization Act for Fiscal Year 2003 (Public Law 
107–306) is amended by striking ‘‘Director of Cen-
tral Intelligence, acting as the head of the intel-
ligence community,’’ each place it appears in the fol-
lowing provisions and inserting ‘‘National Intel-
ligence Director’’: 
(i) Section 313(a) (50 U.S.C. 404n(a)). 
(ii) Section 343(a)(1) (50 U.S.C. 404n– 
2(a)(1)) 
(B) Section 341 of that Act (50 U.S.C. 404n– 
1) is amended by striking ‘‘Director of Central Intel-
ligence, acting as the head of the intelligence com-
munity, shall establish in the Central Intelligence 
Agency’’ and inserting ‘‘National Intelligence Direc-
tor shall establish within the Central Intelligence 
Agency’’.
193 
(C) Section 352(b) of that Act (50 U.S.C. 404– 
3 note) is amended by striking ‘‘Director’’ and in-
serting ‘‘National Intelligence Director’’. 
(3) PUBLIC LAW 108–177.—(A) The Intelligence 
Authorization Act for Fiscal Year 2004 (Public Law 
108–177) is amended by striking ‘‘Director of Cen-
tral Intelligence’’ each place it appears in the fol-
lowing provisions and inserting ‘‘National Intel-
ligence Director’’: 
(i) Section 317(a) (50 U.S.C. 403–3 note). 
(ii) Section 317(h)(1). 
(iii) Section 318(a) (50 U.S.C. 441g note). 
(iv) Section 319(b) (50 U.S.C. 403 note). 
(v) Section 341(b) (28 U.S.C. 519 note). 
(vi) Section 357(a) (50 U.S.C. 403 note). 
(vii) Section 504(a) (117 Stat. 2634), both 
places it appears. 
(B) Section 319(f)(2) of that Act (50 U.S.C. 
403 note) is amended by striking ‘‘Director’’ the 
first place it appears and inserting ‘‘National Intel-
ligence Director’’. 
(C) Section 404 of that Act (18 U.S.C. 4124 
note) is amended by striking ‘‘Director of Central 
Intelligence’’ and inserting ‘‘Director of the Central 
Intelligence Agency’’.
194 
SEC. 303. OTHER CONFORMING AMENDMENTS 
(a) NATIONAL SECURITY ACT OF 1947.—(1) Section 
101(j) of the National Security Act of 1947 (50 U.S.C. 
402(j)) is amended by striking ‘‘Deputy Director of Cen-
tral Intelligence’’ and inserting ‘‘Principal Deputy Na-
tional Intelligence Director’’. 
(2) Section 112(d)(1) of that Act (50 U.S.C. 
404g(d)(1)) is amended by striking ‘‘section 103(c)(6) of 
this Act’’ and inserting ‘‘section 112(a)(11) of the Na-
tional Intelligence Reform Act of 2004’’. 
(3) Section 116(b) of that Act (50 U.S.C. 404k(b)) 
is amended by striking ‘‘to the Deputy Director of Central 
Intelligence, or with respect to employees of the Central 
Intelligence Agency, the Director may delegate such au-
thority to the Deputy Director for Operations’’ and insert-
ing ‘‘to the Principal Deputy National Intelligence Direc-
tor, or, with respect to employees of the Central Intel-
ligence Agency, to the Director of the Central Intelligence 
Agency’’. 
(4) Section 504(a)(2) of that Act (50 U.S.C. 
414(a)(2)) is amended by striking ‘‘Reserve for Contin-
gencies of the Central Intelligence Agency’’ and inserting 
‘‘Reserve for Contingencies of the National Intelligence 
Director’’. 
(5) Section 506A(b)(1) of that Act (50 U.S.C. 415a– 
1(b)(1)) is amended by striking ‘‘Office of the Deputy Di-
195 
rector of Central Intelligence’’ and inserting ‘‘Office of the 
National Intelligence Director’’. 
(6) Section 701(c)(3) of that Act (50 U.S.C. 
431(c)(3)) is amended by striking ‘‘or the Office of the 
Director of Central Intelligence’’ and inserting ‘‘the Office 
of the Director of the Central Intelligence Agency, or the 
Office of the National Intelligence Director’’. 
(7) Section 1001(b) of that Act (50 U.S.C. 441g(b)) 
is amended by striking ‘‘Assistant Director of Central In-
telligence for Administration’’ and inserting ‘‘Office of the 
National Intelligence Director’’. 
(b) CENTRAL
INTELLIGENCE
AGENCY
ACT
OF 
1949.—Section 6 of the Central Intelligence Agency Act 
of 1949 (50 U.S.C. 403g) is amended by striking ‘‘section 
103(c)(7) of the National Security Act of 1947 (50 U.S.C. 
403–3(c)(7))’’ and inserting ‘‘section 112(a)(11) of the 
National Intelligence Reform Act of 2004’’. 
(c) CENTRAL INTELLIGENCE AGENCY RETIREMENT 
ACT.—Section 201(c) of the Central Intelligence Agency 
Retirement Act (50 U.S.C. 2011(c)) is amended by strik-
ing ‘‘paragraph (6) of section 103(c) of the National Secu-
rity Act of 1947 (50 U.S.C. 403–3(c)) that the Director 
of Central Intelligence’’ and inserting ‘‘section 112(a)(11) 
of the National Intelligence Reform Act of 2004 that the 
National Intelligence Director’’.
196 
(d) INTELLIGENCE AUTHORIZATION ACTS.— 
(1) PUBLIC
LAW
107–306.—Section 343(c) of 
the Intelligence Authorization Act for Fiscal Year 
2003 (Public Law 107–306; 50 U.S.C. 404n–2(c)) is 
amended by striking ‘‘section 103(c)(6) of the Na-
tional Security Act of 1947 (50 U.S.C. 403– 
3((c)(6))’’ and inserting ‘‘section 112(a)(11) of the 
National Intelligence Reform Act of 2004’’. 
(2) PUBLIC LAW 108–177.—Section 317 of the 
Intelligence Authorization Act for Fiscal Year 2004 
(Public Law 108–177; 50 U.S.C. 403–3 note) is 
amended— 
(A) in subsection (g), by striking ‘‘Assist-
ant Director of Central Intelligence for Analysis 
and Production’’ and inserting ‘‘Principal Dep-
uty National Intelligence Director’’; and 
(B) in subsection (h)(2)(C), by striking 
‘‘Assistant Director’’ and inserting ‘‘Principal 
Deputy National Intelligence Director’’. 
SEC. 304. MODIFICATIONS OF FOREIGN INTELLIGENCE AND 
COUNTERINTELLIGENCE UNDER NATIONAL 
SECURITY ACT OF 1947. 
Section 3 of the National Security Act of 1947 (50 
U.S.C. 401a) is amended—
197 
(1) in paragraph (2), by striking ‘‘or foreign 
persons, or international terrorist activities’’ and in-
serting ‘‘foreign persons, or international terrorists’’; 
and 
(2) in paragraph (3), by striking ‘‘or foreign 
persons, or international terrorist activities’’ and in-
serting ‘‘foreign persons, or international terrorists’’. 
SEC. 
305. 
ELEMENTS 
OF 
INTELLIGENCE 
COMMUNITY 
UNDER NATIONAL SECURITY ACT OF 1947. 
Paragraph (4) of section 3 of the National Security 
Act of 1947 (50 U.S.C. 401a) is amended to read as fol-
lows: 
‘‘(4) The term ‘intelligence community’ includes 
the following: 
‘‘(A) The National Intelligence Authority. 
‘‘(B) The Central Intelligence Agency. 
‘‘(C) The National Security Agency. 
‘‘(D) The Defense Intelligence Agency. 
‘‘(E) The National Geospatial-Intelligence 
Agency. 
‘‘(F) The National Reconnaissance Office. 
‘‘(G) Other offices within the Department 
of Defense for the collection of specialized na-
tional intelligence through reconnaissance pro-
grams.
198 
‘‘(H) The intelligence elements of the 
Army, the Navy, the Air Force, the Marine 
Corps, the Federal Bureau of Investigation, and 
the Department of Energy. 
‘‘(I) The Bureau of Intelligence and Re-
search of the Department of State. 
‘‘(J) The Office of Intelligence and Anal-
ysis of the Department of the Treasury. 
‘‘(K) The elements of the Department of 
Homeland Security concerned with the analysis 
of intelligence information, including the Office 
of Intelligence of the Coast Guard. 
‘‘(L) Such other elements of any depart-
ment or agency as may be designated by the 
President, or designated jointly by the National 
Intelligence Director and the head of the de-
partment or agency concerned, as an element of 
the intelligence community.’’. 
SEC. 306. REDESIGNATION OF NATIONAL FOREIGN INTEL-
LIGENCE PROGRAM AS NATIONAL INTEL-
LIGENCE PROGRAM. 
(a) REDESIGNATION.—Section 3 of the National Se-
curity Act of 1947 (50 U.S.C. 401a), as amended by this 
Act, is further amended— 
(1) by striking paragraph (6); and
199 
(2) by redesignating paragraph (7) as para-
graph (6). 
(b) CONFORMING AMENDMENTS.—(1) The National 
Security Act of 1947, as amended by this Act, is further 
amended by striking ‘‘National Foreign Intelligence Pro-
gram’’ each place it appears in the following provisions 
and inserting ‘‘National Intelligence Program’’: 
(A) Section 105(a)(2) (50 U.S.C. 403–5(a)(2)). 
(B) Section 105(a)(3) (50 U.S.C. 403–5(a)(3)). 
(C) Section 506(a) (50 U.S.C. 415a(a)). 
(2) Section 17(f) of the Central Intelligence Agency 
Act of 1949 (50 U.S.C. 403q(f)) is amended by striking 
‘‘National Foreign Intelligence Program’’ and inserting 
‘‘National Intelligence Program’’. 
(c) HEADING AMENDMENTS.—(1) The heading of 
section 105 of that Act is amended to read as follows: 
‘‘RESPONSIBILITIES
OF
THE
SECRETARY
OF
DEFENSE 
PERTAINING TO THE NATIONAL INTELLIGENCE PRO-
GRAM’’. 
(2) The heading of section 506 of that Act is amend-
ed to read as follows:
200 
‘‘SPECIFICITY
OF
NATIONAL
INTELLIGENCE
PROGRAM 
BUDGET
AMOUNTS
FOR
COUNTERTERRORISM, 
COUNTERPROLIFERATION, COUNTERNARCOTICS, AND 
COUNTERINTELLIGENCE’’. 
SEC. 307. CONFORMING AMENDMENT ON COORDINATION 
OF BUDGETS OF ELEMENTS OF THE INTEL-
LIGENCE COMMUNITY WITHIN THE DEPART-
MENT OF DEFENSE. 
Section 105(a)(1) of the National Security Act of 
1947 (50 U.S.C. 403–5(a)(1)) is amended by striking ‘‘en-
sure’’ and inserting ‘‘assist the Director in ensuring’’. 
SEC. 308. REPEAL OF SUPERSEDED AUTHORITIES. 
(a) APPOINTMENT OF CERTAIN INTELLIGENCE OF-
FICIALS.—Section 106 of the National Security Act of 
1947 (50 U.S.C. 403–6) is repealed. 
(b) COLLECTION
TASKING
AUTHORITY.—Section 
111 of the National Security Act of 1947 (50 U.S.C. 404f) 
is repealed. 
SEC. 309. CLERICAL AMENDMENTS TO NATIONAL SECURITY 
ACT OF 1947. 
The table of contents for the National Security Act 
of 1947 is amended— 
(1) by inserting after the item relating to sec-
tion 101 the following new item: 
‘‘Sec. 101A. Joint Intelligence Community Council.’’;
201 
(2) by striking the items relating to sections 
102 through 104 and inserting the following new 
items: 
‘‘Sec. 102. Central Intelligence Agency. 
‘‘Sec. 103. Director of the Central Intelligence Agency.’’; 
(3) by striking the item relating to section 105 
and inserting the following new item: 
‘‘Sec 105. Responsibilities of the Secretary of Defense pertaining to the Na-
tional Intelligence Program.’’; 
(4) by striking the item relating to section 114 
and inserting the following new item: 
‘‘Sec. 114. Additional annual reports from the National Intelligence Director.’’; 
and 
(5) by striking the item relating to section 506 
and inserting the following new item: 
‘‘Sec. 506. Specificity of National Intelligence Program budget amounts for 
counterterrorism, counterproliferation, counternarcotics, and 
counterintelligence.’’. 
SEC. 310. MODIFICATION OF AUTHORITIES RELATING TO 
NATIONAL COUNTERINTELLIGENCE EXECU-
TIVE. 
(a) APPOINTMENT
OF NATIONAL COUNTERINTEL-
LIGENCE EXECUTIVE.—Subsection (a)(2) of section 902 
of the Counterintelligence Enhancement Act of 2002 (title 
IX of Public Law 107–306; 116 Stat. 2432; 50 U.S.C. 
402b) is amended by striking ‘‘Director of Central Intel-
ligence’’ and inserting ‘‘National Intelligence Director, 
and Director of the Central Intelligence Agency’’.
202 
(b) COMPONENT OF OFFICE OF NATIONAL INTEL-
LIGENCE DIRECTOR.—Such section is further amended— 
(1) by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively; and 
(2) by inserting after subsection (a) the fol-
lowing new subsection (b): 
‘‘(b) COMPONENT OF OFFICE OF NATIONAL INTEL-
LIGENCE DIRECTOR.—The National Counterintelligence 
Executive is a component of the Office of the National 
Intelligence Director under subtitle C of the National In-
telligence Reform Act of 2004.’’. 
(c) DUTIES.—Subsection (d) of such section, as re-
designated by subsection (a)(1) of this section, is amended 
by adding at the end the following new paragraph: 
‘‘(5) To perform such other duties as may be 
provided under section 131(b) of the National Intel-
ligence Reform Act of 2004.’’. 
(d) OFFICE OF NATIONAL COUNTERINTELLIGENCE 
EXECUTIVE.—Section 904 of the Counterintelligence En-
hancement Act of 2002 (116 Stat. 2434; 50 U.S.C. 402c) 
is amended— 
(1) by striking ‘‘Office of the Director of Cen-
tral Intelligence’’ each place it appears in sub-
sections (c) and (l)(1) and inserting ‘‘Office of the 
National Intelligence Director’’;
203 
(2) by striking ‘‘Director of Central Intel-
ligence’’ each place it appears in subsections (e)(4), 
(e)(5), (h)(1), and (h)(2) and inserting ‘‘National 
Intelligence Director’’; and 
(3) in subsection (m), by striking ‘‘Director of 
Central Intelligence’’ and inserting ‘‘National Intel-
ligence Director, the Director of the Central Intel-
ligence Agency’’. 
SEC. 311. CONFORMING AMENDMENT TO INSPECTOR GEN-
ERAL ACT OF 1978. 
Section 8H(a)(1) of the Inspector General Act of 
1978 (5 U.S.C. App.) is amended by adding at the end 
the following new subparagraph: 
‘‘(D) An employee of the National Intelligence Au-
thority, an employee of an entity other than the Authority 
who is assigned or detailed to the Authority, or of a con-
tractor of the Authority, who intends to report to Congress 
a complaint or information with respect to an urgent con-
cern may report the complaint or information to the In-
spector General of the National Intelligence Authority in 
accordance with section 141(h)(5) of the National Intel-
ligence Reform Act of 2004.’’.
204 
SEC. 312. CONFORMING AMENDMENT RELATING TO CHIEF 
FINANCIAL OFFICER OF THE NATIONAL IN-
TELLIGENCE AUTHORITY. 
Section 901(b)(1) of title 31, United States Code, is 
amended by adding at the end the following new subpara-
graph: 
‘‘(Q) The National Intelligence Authority.’’. 
Subtitle B—Transfers and 
Terminations 
SEC. 321. TRANSFER OF OFFICE OF DEPUTY DIRECTOR OF 
CENTRAL INTELLIGENCE FOR COMMUNITY 
MANAGEMENT. 
(a) TRANSFER.—There shall be transferred to the 
Office of the National Intelligence Director the staff of 
the Office of the Deputy Director of Central Intelligence 
for Community Management as of the date of the enact-
ment of this Act, including all functions and activities dis-
charged by the Office of the Deputy Director of Central 
Intelligence for Community Management as of that date. 
(b) ADMINISTRATION.—The National Intelligence Di-
rector shall administer the staff of the Office of the Dep-
uty Director of Central Intelligence for Community Man-
agement after the date of the enactment of this Act as 
a component of the Office of the National Intelligence Di-
rector under section 121(d).
205 
SEC. 322. TRANSFER OF NATIONAL COUNTERTERRORISM 
EXECUTIVE. 
(a) TRANSFER.—There shall be transferred to the 
Office of the National Intelligence Director the National 
Counterintelligence Executive and the Office of the Na-
tional Counterintelligence Executive under the Counter-
intelligence Enhancement Act of 2002 (title IX of Public 
Law 107–306; 50 U.S.C. 402b et seq.), as amended by 
section 309 of this Act, including all functions and activi-
ties discharged by the National Counterintelligence Execu-
tive and the Office of the National Counterintelligence Ex-
ecutive as of the date of the enactment of this Act. 
(b) ADMINISTRATION.—The National Intelligence Di-
rector shall treat the National Counterintelligence Execu-
tive, and administer the Office of the National Counter-
intelligence Executive, after the date of the enactment of 
this Act as components of the Office of the National Intel-
ligence Director under section 121(c). 
SEC. 323. TRANSFER OF TERRORIST THREAT INTEGRATION 
CENTER. 
(a) TRANSFER.—There shall be transferred to the 
National Counterterrorism Center the Terrorist Threat 
Integration Center (TTIC), including all functions and ac-
tivities discharged by the Terrorist Threat Integration 
Center as of the date of the enactment of this Act.
206 
(b) ADMINISTRATION.—The Director of the National 
Counterterrorism Center shall administer the Terrorist 
Threat Integration Center after the date of the enactment 
of this Act as a component of the Directorate of Intel-
ligence of the National Counterterrorism Center under 
section 143(g)(2). 
SEC. 324. TERMINATION OF CERTAIN POSITIONS WITHIN 
THE CENTRAL INTELLIGENCE AGENCY. 
(a) TERMINATION.—The positions within the Central 
Intelligence Agency referred to in subsection (b) are here-
by abolished. 
(b) COVERED POSITIONS.—The positions within the 
Central Intelligence Agency referred to in this subsection 
are as follows: 
(1) The Deputy Director of Central Intelligence 
for Community Management. 
(2) The Assistant Director of Central Intel-
ligence for Collection. 
(3) The Assistant Director of Central Intel-
ligence for Analysis and Production. 
(4) The Assistant Director of Central Intel-
ligence for Administration.
207 
Subtitle C—Other Transition 
Matters 
SEC. 331. EXECUTIVE SCHEDULE MATTERS. 
(a) EXECUTIVE SCHEDULE LEVEL I.—Section 5312 
of title 5, United States Code, is amended by adding the 
end the following new item: 
‘‘National Intelligence Director.’’. 
(b) EXECUTIVE SCHEDULE LEVEL II.—Section 5313 
of title 5, United States Code, is amended— 
(1) by striking the item relating to the Director 
of Central Intelligence; and 
(2) by adding at the end the following new 
items: 
‘‘Deputy National Intelligence Directors (5). 
‘‘Director of the National Counterterrorism 
Center.’’. 
(c) EXECUTIVE
SCHEDULE
LEVEL
III.—Section 
5314 of title 5, United States Code, is amended by strik-
ing the item relating to the Deputy Directors of Central 
Intelligence and inserting the following new item: 
‘‘Director of the Central Intelligence Agency.’’. 
(d) EXECUTIVE
SCHEDULE
LEVEL
IV.—Section 
5315 of title 5, United States Code, is amended by strik-
ing the item relating to the Assistant Directors of Central 
Intelligence.
208 
SEC. 332. PRESERVATION OF INTELLIGENCE CAPABILITIES. 
The National Intelligence Director, the Director of 
the Central Intelligence Agency, and the Secretary of De-
fense shall jointly take such actions as are appropriate to 
preserve the intelligence capabilities of the United States 
during the establishment of the National Intelligence Au-
thority under this Act. 
SEC. 333. REORGANIZATION. 
(a) REORGANIZATION.—The National Intelligence 
Director may, with the approval of the President and after 
consultation with the department, agency, or element con-
cerned, allocate or reallocate functions among the officers 
of the National Intelligence Program, and may establish, 
consolidate, alter, or discontinue organizational units with-
in the Program, but only after providing notice of such 
action to Congress, which shall include an explanation of 
the rationale for the action. 
(b) LIMITATION.—The authority under subsection (a) 
does not extend to any action inconsistent with law. 
(c) CONGRESSIONAL REVIEW.—An action may be 
taken under the authority under subsection (a) only with 
the approval of the following: 
(1) Each of the congressional intelligence com-
mittees.
209 
(2) Each of the Committee on Governmental 
Affairs of the Senate and the Committee on Govern-
ment Reform of the House of Representatives. 
SEC. 334. NATIONAL INTELLIGENCE DIRECTOR REPORT ON 
IMPLEMENTATION OF INTELLIGENCE COM-
MUNITY REFORM. 
Not later than one year after the date of the enact-
ment of this Act, the National Intelligence Director shall 
submit to Congress a report on the progress made in the 
implementation of this Act, including the amendments 
made by this Act. The report shall include a comprehen-
sive description of the progress made, and may include 
such recommendations for additional legislative or admin-
istrative action as the Director considers appropriate. 
SEC. 335. COMPTROLLER GENERAL REPORTS ON IMPLE-
MENTATION OF INTELLIGENCE COMMUNITY 
REFORM. 
(a) REPORTS.—(1) Not later than two years after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall submit to Congress a com-
prehensive report on the implementation of this Act and 
the amendments made by this Act. 
(2) The Comptroller General may submit to Congress 
at any time during the two-year period beginning on the 
date of the enactment of this Act, such reports on the
210 
progress made in the implementation of this Act and the 
amendments made by this Act as the Comptroller General 
considers appropriate. 
(b) REPORT ELEMENTS.—Each report under sub-
section (a) shall include the following: 
(1) The assessment of the Comptroller General 
of the progress made in the implementation of this 
Act (and the amendments made by this Act) as of 
the date of such report. 
(2) A description of any delays or other short-
falls in the implementation of this Act that have 
been identified by the Comptroller General. 
(3) Any recommendations for additional legisla-
tive or administrative action that the Comptroller 
General considers appropriate. 
(c) 
AGENCY
COOPERATION.—Each 
department, 
agency, and element of the United States Government 
shall cooperate with the Comptroller General in the assess-
ment of the implementation of this Act, and shall provide 
the Comptroller General timely and complete access to rel-
evant documents in accordance with section 716 of title 
31, United States Code. 
SEC. 336. GENERAL REFERENCES. 
(a) DIRECTOR OF CENTRAL INTELLIGENCE AS HEAD 
OF INTELLIGENCE COMMUNITY.—Any reference to the
211 
Director of Central Intelligence or the Director of the Cen-
tral Intelligence Agency in the Director’s capacity as the 
head of the intelligence community in any law, regulation, 
document, paper, or other record of the United States 
shall be deemed to be a reference to the National Intel-
ligence Director. 
(b) DIRECTOR OF CENTRAL INTELLIGENCE AS HEAD 
OF CIA.—Any reference to the Director of Central Intel-
ligence or the Director of the Central Intelligence Agency 
in the Director’s capacity as the head of the Central Intel-
ligence Agency in any law, regulation, document, paper, 
or other record of the United States shall be deemed to 
be a reference to the Director of the Central Intelligence 
Agency. 
(c) OFFICE OF THE DEPUTY DIRECTOR OF CENTRAL 
INTELLIGENCE
FOR COMMUNITY MANAGEMENT.—Any 
reference to the Office of the Deputy Director of Central 
Intelligence for Community Management in any law, regu-
lation, document, paper, or other record of the United 
States shall be deemed to be a reference to the staff of 
such office within the Office of the National Intelligence 
Director under section 121.
212 
Subtitle D—Effective Date 
SEC. 341. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as provided in subsection 
(b), this Act, and the amendments made by this Act, shall 
take effect 180 days after the date of the enactment of 
this Act. 
(b) EARLIER EFFECTIVE DATE.—In order to ensure 
the rapid implementation of this Act while simultaneously 
ensuring a smooth transition that will safeguard the na-
tional security of the United States, the President may 
provide that this Act (including the amendments made by 
this Act), or one or more particular provisions of this Act 
(including the amendments made by such provision or pro-
visions), shall take effect on such date that is earlier than 
the date otherwise provided under subsection (a) as the 
President shall specify. 
(c) NOTIFICATION OF EFFECTIVE DATES.—If the 
President exercises the authority in subsection (b), the 
President shall— 
(1) notify Congress of the exercise of such au-
thority; and 
(2) publish in the Federal Register notice of the 
earlier effective date or dates involved, including 
each provision (and amendment) covered by such 
earlier effective date.
213 
Subtitle E—Other Matters 
SEC. 351. SEVERABILITY. 
If any provision of this Act, or an amendment made 
by this Act, or the application of such provision to any 
person or circumstance is held invalid, the remainder of 
this Act, or the application of such provision to persons 
or circumstances other than those to which such provision 
is held invalid, shall not be affected thereby. 
SEC. 352. AUTHORIZATION OF APPROPRIATIONS. 
There are specifically authorized to be appropriated 
for fiscal year 2005 such sums as may be necessary to 
carry out this Act and the amendments made by this Act. 
Æ