I 
108TH CONGRESS 
2D SESSION 
H. R. 5223
To reform the intelligence community and the intelligence and intelligence-
related activities of the United States Government, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 5, 2004
Mr. SHAYS (for himself and Mrs. MALONEY) introduced the following bill; 
which was referred to the Select Committee on Intelligence (Permanent 
Select), and in addition to the Committees on Armed Services, Inter-
national Relations, Government Reform, the Judiciary, Rules, Transpor-
tation and Infrastructure, Energy and Commerce, Ways and Means, and 
Select Homeland Security, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To reform the intelligence community and the intelligence 
and intelligence-related activities of the United States 
Government, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘National Intelligence Reform Act of 2004’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—NATIONAL INTELLIGENCE AUTHORITY 
Subtitle A—National Intelligence Authority 
Sec. 101. National Intelligence Authority. 
Sec. 102. National Intelligence Director. 
Subtitle B—Responsibilities and Authorities of National Intelligence Director 
Sec. 111. Provision of national intelligence. 
Sec. 112. Responsibilities of National Intelligence Director. 
Sec. 113. Authorities of National Intelligence Director. 
Sec. 114. Enhanced personnel management. 
Sec. 115. Security clearances. 
Sec. 116. National Intelligence Reserve Corps. 
Sec. 117. Appointment and termination of certain officials responsible for intel-
ligence-related activities. 
Sec. 118. Reserve for Contingencies of the National Intelligence Director. 
Subtitle C—Office of the National Intelligence Director 
Sec. 121. Office of the National Intelligence Director. 
Sec. 122. Deputy national intelligence directors. 
Sec. 123. National Intelligence Council. 
Sec. 124. General Counsel of the National Intelligence Authority. 
Sec. 125. Intelligence Comptroller. 
Sec. 126. Officer for Civil Rights and Civil Liberties of the National Intel-
ligence Authority. 
Sec. 127. Privacy Officer of the National Intelligence Authority. 
Sec. 128. Chief Information Officer of the National Intelligence Authority. 
Sec. 129. Chief Human Capital Officer of the National Intelligence Authority. 
Sec. 130. Chief Financial Officer of the National Intelligence Authority. 
Sec. 131. National Counterintelligence Executive. 
Subtitle D—Additional Elements of National Intelligence Authority 
Sec. 141. Inspector General of the National Intelligence Authority. 
Sec. 142. Ombudsman of the National Intelligence Authority. 
Sec. 143. National Counterterrorism Center. 
Sec. 144. National intelligence centers. 
Subtitle E—Education and Training of Intelligence Community Personnel 
Sec. 151. Framework for cross-disciplinary education and training. 
Sec. 152. Intelligence Community Scholarship Program. 
Subtitle F—Additional Authorities of National Intelligence Authority 
Sec. 161. Use of appropriated funds. 
Sec. 162. Acquisition and fiscal authorities. 
Sec. 163. Personnel matters. 
Sec. 164. Ethics matters. 
TITLE II—INFORMATION SHARING 
Sec. 201. Information sharing.
TITLE III—CONGRESSIONAL REFORM 
Sec. 301. Findings. 
Sec. 302. Reorganization of congressional jurisdiction. 
TITLE IV—PRESIDENTIAL TRANSITION 
Sec. 401. Presidential transition.
TITLE V—THE ROLE OF DIPLOMACY, FOREIGN AID, AND THE 
MILITARY IN THE WAR ON TERRORISM 
Sec. 501. Report on terrorist sanctuaries. 
Sec. 502. Role of Pakistan in countering terrorism. 
Sec. 503. Aid to Afghanistan. 
Sec. 504. The United States-Saudi Arabia relationship. 
Sec. 505. Efforts to combat Islamic terrorism by engaging in the struggle of 
ideas in the Islamic world. 
Sec. 506. United States policy toward dictatorships. 
Sec. 507. Promotion of United States values through broadcast media. 
Sec. 508. Use of United States scholarship and exchange programs in the Is-
lamic world. 
Sec. 509. International Youth Opportunity Fund. 
Sec. 510. Report on the use of economic policies to combat terrorism. 
Sec. 511. Middle East Partnership Initiative. 
Sec. 512. Comprehensive coalition strategy for fighting terrorism. 
Sec. 513. Detention and humane treatment of captured terrorists.
Sec. 514. Proliferation of weapons of mass destruction. 
Sec. 515. Financing of terrorism. 
TITLE VI—TERRORIST TRAVEL AND EFFECTIVE SCREENING 
Sec. 601. Counterterrorist travel intelligence. 
Sec. 602. Integrated screening system. 
Sec. 603. Biometric entry and exit data system. 
Sec. 604. Travel documents. 
Sec. 605. Exchange of terrorist information. 
Sec. 606. Minimum standards for identification-related documents. 
TITLE VII—TRANSPORTATION SECURITY 
Sec. 701. Definitions. 
Sec. 702. National Strategy for Transportation Security. 
Sec. 703. Use of watchlists for passenger air transportation screening. 
Sec. 704. Enhanced passenger and cargo screening. 
TITLE VIII—NATIONAL PREPAREDNESS 
Sec. 801. Homeland security assistance. 
Sec. 802. The incident command system. 
Sec. 803. National Capital Region Mutual Aid. 
Sec. 804. Assignment of spectrum for public safety. 
Sec. 805. Urban area communications capabilities. 
Sec. 806. Private sector preparedness. 
Sec. 807. Critical infrastructure and readiness assessments. 
Sec. 808. Report on Northern Command and defense of the United States 
homeland.
TITLE IX—PROTECTION OF CIVIL LIBERTIES 
Sec. 901. Privacy and Civil Liberties Oversight Board. 
Sec. 902. Privacy and Civil Liberties Officers.
SEC. 2. DEFINITIONS. 
In this Act: 
(1) The term ‘‘intelligence’’ includes foreign in-
telligence and counterintelligence. 
(2) The term ‘‘foreign intelligence’’ means in-
formation relating to the capabilities, intentions, or 
activities of foreign governments or elements thereof, 
foreign organizations, foreign persons, or inter-
national terrorists. 
(3) The term ‘‘counterintelligence’’ means infor-
mation gathered, and activities conducted, to protect 
against espionage, other intelligence activities, sabo-
tage, or assassinations conducted by or on behalf of 
foreign governments or elements thereof, foreign or-
ganizations, foreign persons, or international terror-
ists. 
(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 national 
intelligence through reconnaissance programs. 
(H) The intelligence elements of the Army, 
the Navy, the Air Force, the Marine Corps, the 
Federal Bureau of Investigation, and the De-
partment of Energy. 
(I) The Bureau of Intelligence and Re-
search of the Department of State. 
(J) The Office of Intelligence and Analysis 
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.
(5) The terms ‘‘national intelligence’’ and ‘‘in-
telligence related to the national security’’—
(A) each refer to intelligence which per-
tains to the interests of more than one depart-
ment or agency of the Government; and 
(B) do not refer to counterintelligence or 
law enforcement activities conducted by the 
Federal Bureau of Investigation except to the 
extent provided for in procedures agreed to by 
the National Intelligence Director and the At-
torney General, or otherwise as expressly pro-
vided for in this title. 
(6) The term ‘‘National Intelligence Pro-
gram’’—
(A)(i) refers to all national intelligence 
programs, projects, and activities of the ele-
ments of the intelligence community; 
(ii) includes all programs, projects, and ac-
tivities (whether or not pertaining to national 
intelligence) of the National Intelligence Au-
thority, the Central Intelligence Agency, the 
National 
Security 
Agency, 
the 
National 
Geospatial-Intelligence Agency, the National 
Reconnaissance Office, the Office of Intelligence 
of the Federal Bureau of Investigation, and the
Office of Information Analysis of the Depart-
ment of Homeland Security; and 
(iii) includes any other program, project, 
or activity of a department, agency, or element 
of the United States Government relating to 
national intelligence unless the National Intel-
ligence Director and the head of the depart-
ment, agency, or element concerned determine 
otherwise; but 
(B) except as provided in subparagraph 
(A)(ii), does not refer to any program, project, 
or activity of the military departments, includ-
ing any program, project, or activity of the De-
fense Intelligence Agency that is not part of the 
National Foreign Intelligence Program as of 
the date of the enactment of this Act, to ac-
quire intelligence principally for the planning 
and conduct of joint or tactical military oper-
ations by the United States Armed Forces. 
(7) The term ‘‘congressional intelligence com-
mittees’’ means—
(A) the Select Committee on Intelligence of 
the Senate; and 
(B) the Permanent Select Committee on 
Intelligence of the House of Representatives.
TITLE I—NATIONAL 
INTELLIGENCE AUTHORITY 
Subtitle A—National Intelligence 
Authority 
SEC. 101. NATIONAL INTELLIGENCE AUTHORITY. 
(a) INDEPENDENT ESTABLISHMENT.—There is here-
by established as an independent establishment in the ex-
ecutive branch of government the National Intelligence 
Authority. 
(b) COMPOSITION.—The National Intelligence Au-
thority is composed of the following: 
(1) The Office of the National Intelligence Di-
rector. 
(2) The elements specified in subtitle D. 
(3) Such other elements, offices, agencies, and 
activities as may be established by law or by the 
President or the National Intelligence Director. 
(c) PRIMARY MISSIONS.—The primary missions of 
the National Intelligence Authority are as follows: 
(1) To unify and strengthen the efforts of the 
intelligence community of the United States Govern-
ment. 
(2) To ensure the organization of the efforts of 
the intelligence community of the United States 
Government in a joint manner relating to intel-
ligence missions rather than through intelligence col-
lection disciplines. 
(3) To provide for the operation of the National 
Counterterrorism Center and national intelligence 
centers under subtitle D. 
(4) To eliminate barriers that impede coordina-
tion of the counterterrorism activities of the United 
States Government between foreign intelligence ac-
tivities located abroad and foreign intelligence activi-
ties located domestically while ensuring the protec-
tion of civil liberties. 
(5) To establish clear responsibility and ac-
countability for counterterrorism and other intel-
ligence matters relating to the national security of 
the United States. 
(d) SEAL.—The National Intelligence Director shall 
have a seal for the National Intelligence Authority. The 
design of the seal is subject to the approval of the Presi-
dent. Judicial notice shall be taken of the seal. 
SEC. 102. NATIONAL INTELLIGENCE DIRECTOR. 
(a) NATIONAL INTELLIGENCE DIRECTOR.—There is 
a National Intelligence Director who shall be appointed 
by the President, by and with the advice and consent of 
the Senate.
(b) INDIVIDUALS ELIGIBLE FOR NOMINATION.—Any 
individual nominated for appointment as National Intel-
ligence Director shall have extensive national security ex-
pertise. 
(c) PROHIBITION
ON SIMULTANEOUS SERVICE
IN 
OTHER CAPACITY IN INTELLIGENCE COMMUNITY.—The 
individual serving as National Intelligence Director may 
not, while so serving, serve in any capacity in any other 
element of the intelligence community, except to the extent 
that the individual serving as National Intelligence Direc-
tor does so in an acting capacity. 
(d) PRINCIPAL DUTIES AND RESPONSIBILITIES.—
The National Intelligence Director shall—
(1) serve as head of the intelligence community 
in accordance with the provisions of this Act, the 
National Security Act of 1947 (50 U.S.C. 401 et 
seq.), and other applicable provisions of law;
(2) act as a principal adviser to the President 
for intelligence related to the national security; 
(3) serve as the head of the National Intel-
ligence Authority; and 
(4) direct and oversee the National Intelligence 
Program. 
(e) GENERAL
RESPONSIBILITIES
AND
AUTHORI-
TIES.—In carrying out the duties and responsibilities set
forth in subsection (c), the National Intelligence Director 
shall have the responsibilities set forth in section 112 and 
the authorities set forth in section 113 and other applica-
ble provisions of law. 
Subtitle 
B—Responsibilities 
and 
Authorities of National Intel-
ligence Director 
SEC. 111. PROVISION OF NATIONAL INTELLIGENCE. 
(a) IN GENERAL.—The National Intelligence Direc-
tor shall be responsible for providing national intel-
ligence—
(1) to the President; 
(2) to the heads of other departments and 
agencies of the executive branch; 
(3) to the Chairman of the Joint Chiefs of Staff 
and senior military commanders; 
(4) to the Senate and House of Representatives 
and the committees thereof; and 
(5) to such other persons or entities as the 
President shall direct. 
(b) NATIONAL INTELLIGENCE.—Such national intel-
ligence shall be timely, objective, independent of political 
considerations, and based upon all sources available to the 
intelligence community.
SEC. 112. RESPONSIBILITIES OF NATIONAL INTELLIGENCE 
DIRECTOR. 
(a) IN GENERAL.—The National Intelligence Direc-
tor shall—
(1) determine the annual budget for the intel-
ligence and intelligence-related activities of the 
United States by—
(A) providing to the heads of the depart-
ments containing agencies or elements within 
the intelligence community and that have one or 
more programs, projects, or activities within the 
National Intelligence program, and to the heads 
of such agencies and elements, guidance for de-
velopment the National Intelligence Program 
budget pertaining to such agencies or elements; 
(B) developing and presenting to the Presi-
dent an annual budget for the National Intel-
ligence Program after consultation with the 
heads of agencies or elements, and the heads of 
their respective departments, under subpara-
graph (A); 
(C) providing budget guidance to each ele-
ment of the intelligence community that does 
not have one or more program, project, or ac-
tivity within the National Intelligence Program
regarding the intelligence and intelligence-re-
lated activities of such element; and 
(D) participating in the development by 
the Secretary of Defense of the annual budgets 
for the military intelligence programs, projects, 
and activities not included in the National In-
telligence Program; 
(2) manage and oversee the National Intel-
ligence Program, including—
(A) the execution of funds within the Na-
tional Intelligence Program; 
(B) the reprogramming of funds appro-
priated or otherwise made available to the Na-
tional Intelligence Program; and 
(C) the transfer of funds and personnel 
under the National Intelligence Program; 
(3) establish the requirements and priorities to 
govern the collection, analysis, and dissemination of 
national intelligence by elements of the intelligence 
community; 
(4) establish collection and analysis require-
ments for the intelligence community, determine col-
lection and analysis priorities, issue and manage col-
lection and analysis tasking, and resolve conflicts in 
the tasking of elements of the intelligence commu-
nity within the National Intelligence Program, ex-
cept as otherwise agreed with the Secretary of De-
fense pursuant to the direction of the President; 
(5) provide advisory tasking on the collection of 
intelligence to elements of the United States Govern-
ment having information collection capabilities that 
are not elements of the intelligence community; 
(6) 
manage 
and 
oversee 
the 
National 
Counterterrorism Center under section 143, and es-
tablish, manage, and oversee national intelligence 
centers under section 144; 
(7) establish requirements and priorities for for-
eign intelligence information to be collected under 
the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.), and provide assistance to 
the Attorney General to ensure that information de-
rived from electronic surveillance or physical 
searches under that Act is disseminated so it may be 
used efficiently and effectively for foreign intel-
ligence purposes, except that the Director shall have 
no authority to direct, manage, or undertake elec-
tronic surveillance or physical search operations pur-
suant to that Act unless otherwise authorized by 
statute or Executive order;
(8) develop and implement, in consultation with 
the heads of other agencies or elements of the intel-
ligence community, and the heads of their respective 
departments, personnel policies and programs appli-
cable to the intelligence community that—
(A) encourage and facilitate assignments 
and details of personnel to the National 
Counterterrorism Center under section 143, to 
national intelligence centers under section 144, 
and between elements of the intelligence com-
munity; 
(B) set standards for education, training, 
and career development of personnel of the in-
telligence community; 
(C) encourage and facilitate the recruit-
ment and retention by the intelligence commu-
nity of highly qualified individuals for the effec-
tive conduct of intelligence activities; 
(D) ensure that the personnel of the intel-
ligence community is sufficiently diverse for 
purposes of the collection and analysis of intel-
ligence through the recruitment and training of 
women, minorities, and individuals with diverse 
ethnic, cultural, and linguistic backgrounds;
(iv) the alignment of expectations for 
personnel performance with relevant orga-
nizational missions and strategic plans; 
(H) are consistent with the public employ-
ment principles of merit and fitness set forth 
under section 2301 of title 5, United States 
Code; and 
(I) include the enhancements required 
under section 114; 
(9) promote and evaluate the utility of national 
intelligence to consumers within the United States 
Government; 
(10) ensure that appropriate officials of the 
United States Government and other appropriate in-
dividuals have access to a variety of intelligence as-
sessments and analytical views; 
(11) protect intelligence sources and methods 
from unauthorized disclosure; 
(12) establish requirements and procedures for 
the classification of intelligence information and for 
access to classified intelligence information; 
(13) establish requirements and procedures for 
the dissemination of classified information by ele-
ments of the intelligence community;
(2) The services performed under paragraph (1) shall 
include research and development on technology for use 
in national intelligence missions. 
(d) REGULATIONS.—The National Intelligence Direc-
tor may prescribe regulations relating to the discharge and 
enforcement of the responsibilities of the Director under 
this section. 
SEC. 113. AUTHORITIES OF NATIONAL INTELLIGENCE DI-
RECTOR. 
(a) ACCESS TO INTELLIGENCE.—Unless otherwise di-
rected by the President, the National Intelligence Director 
shall have access to all intelligence related to the national 
security which is collected by any department, agency, or 
other element of the United States Government. 
(b) DETERMINATION OF BUDGETS FOR NIP AND 
OTHER INTELLIGENCE ACTIVITIES.—The National Intel-
ligence Director shall determine the annual budget for the 
intelligence and intelligence-related activities of the United 
States Government under section 112(a)(1) by—
(1) providing to the heads of the departments 
containing agencies or elements within the intel-
ligence community and that have one or more pro-
grams, projects, or activities within the National In-
telligence program, and to the heads of such agen-
cies and elements, guidance for development the Na-
tional Intelligence Program budget pertaining to 
such agencies or elements; 
(2) developing and presenting to the President 
an annual budget for the National Intelligence Pro-
gram after consultation with the heads of agencies 
or elements, and the heads of their respective de-
partments, under paragraph (1), including, in fur-
therance of such budget, the review, modification, 
and approval of budgets of the agencies or elements 
of the intelligence community with one or more pro-
grams, projects, or activities within the National In-
telligence Program utilizing the budget authorities in 
subsection (c)(1); 
(3) providing guidance on the development of 
annual budgets for each element of the intelligence 
community that does not have any program, project, 
or activity within the National Intelligence Program 
utilizing the budget authorities in subsection (c)(2); 
(4) participating in the development by the Sec-
retary of Defense of the annual budget for military 
intelligence programs and activities outside the Na-
tional Intelligence Program; 
(5) receiving the appropriations for the Na-
tional Intelligence Program as specified in sub-
section (d) and allotting and allocating funds to
agencies and elements of the intelligence community; 
and 
(6) managing and overseeing the execution by 
the agencies or elements of the intelligence commu-
nity, and, if necessary, the modification of the an-
nual budget for the National Intelligence Program, 
including directing the reprogramming and transfer 
of funds, and the transfer of personnel, among and 
between elements of the intelligence community 
within the National Intelligence Program utilizing 
the authorities in subsections (f) and (g). 
(c) BUDGET AUTHORITIES.—(1)(A) In developing 
and presenting an annual budget for the elements of the 
intelligence community within the National Intelligence 
Program under subsection (b)(1), the National Intel-
ligence Director shall coordinate, prepare, and present to 
the President the annual budgets of those elements, in 
consultation with the heads of those elements. 
(B) If any portion of the budget for an element of 
the intelligence community within the National Intel-
ligence Program is prepared outside the Office of the Na-
tional Intelligence Director, the Director— 
(i) shall approve such budget before submission 
to the President; and
(ii) may require modifications of such budget to 
meet the requirements and priorities of the Director 
before approving such budget under clause (i). 
(C) The budget of an agency or element of the intel-
ligence community with one or more programs, projects, 
or activities within the National Intelligence Program may 
not be provided to the President unless the Director has 
first approved such budget. 
(2)(A) The Director shall provide guidance for the 
development of the annual budgets for each agency or ele-
ment of the intelligence community that does not have any 
program, project, or activity within the National Intel-
ligence Program. 
(B) The heads of the agencies or elements of the in-
telligence community, and the heads of their respective de-
partments, referred to in subparagraph (A) shall coordi-
nate closely with the Director in the development of the 
budgets of such agencies or elements, before the submis-
sion of their recommendations on such budgets to the 
President. 
(d) JURISDICTION OF FUNDS UNDER NIP.—(1) Not-
withstanding any other provision of law and consistent 
with section 504 of the National Security Act of 1947 (50 
U.S.C. 414), any amounts appropriated or otherwise made 
available for the National Intelligence Program shall be
appropriated to the National Intelligence Authority and, 
pursuant to subsection (e), under the direct jurisdiction 
of the National Intelligence Director. 
(2) The Director shall manage and oversee the execu-
tion by each element of the intelligence community of any 
amounts appropriated or otherwise made available to such 
element under the National Intelligence Program. 
(e) ACCOUNTS
FOR
ADMINISTRATION
OF
NIP 
FUNDS.—(1) The Secretary of the Treasury shall, in con-
sultation with the National Intelligence Director, establish 
accounts for the funds under the jurisdiction of the Direc-
tor under subsection (d) for purposes of carrying out the 
responsibilities and authorities of the Director under this 
Act with respect to the National Intelligence Program. 
(2) The National Intelligence Director shall—
(A) control and manage the accounts estab-
lished under paragraph (1); and 
(B) with the concurrence of the Director of the 
Office of Management and Budget, establish proce-
dures governing the use (including transfers and 
reprogrammings) of funds in such accounts. 
(3)(A) To the extent authorized by law, a certifying 
official shall follow the procedures established under para-
graph (2)(B) with regard to each account established 
under paragraph (1). Disbursements from any such ac-
count shall only be made against a valid obligation of such 
account. 
(B) In this paragraph, the term ‘‘certifying official’’, 
with respect to an element of the intelligence community, 
means an employee of the element who has responsibilities 
specified in section 3528(a) of title 31, United States 
Code. 
(4) The National Intelligence Director shall allot 
funds deposited in an account established under para-
graph (1) directly to the head of the elements of the intel-
ligence community concerned in accordance with the pro-
cedures established under paragraph (2)(B). 
(5) Each account established under paragraph (1) 
shall be subject to chapters 13 and 15 of title 31, United 
States Code, other than sections 1503 and 1556 of that 
title. 
(6) Nothing in this subsection shall be construed to 
impair or otherwise affect the authority granted by sub-
section (g)(3) or by section 5 or 8 of the Central Intel-
ligence Agency Act of 1949 (50 U.S.C. 403f, 403j). 
(f) ROLE IN REPROGRAMMING OR TRANSFER OF NIP 
FUNDS BY ELEMENTS OF INTELLIGENCE COMMUNITY.—
(1) No funds made available under the National Intel-
ligence Program may be reprogrammed or transferred by 
any agency or element of the intelligence community with-
(I) the committees and select committees 
referred to in clause (i); 
(II) the Committee on Armed Services of 
the Senate; and 
(III) the Committee on Armed Services of 
the House of Representatives; 
(iii) in the case of a transfer of personnel to or 
from the Federal Bureau of Investigation—
(I) the committees and select committees 
referred to in clause (i); 
(II) the Committee on the Judiciary of the 
Senate; and 
(III) the Committee on the Judiciary of 
the House of Representatives; and 
(iv) in the case of a transfer of personnel to or 
from the Department of Homeland Security—
(I) the committees and select committees 
referred to in clause (i); 
(II) the Committee on Governmental Af-
fairs of the Senate; and 
(III) the Select Committee on Homeland 
Security of the House of Representatives. 
(h) INFORMATION TECHNOLOGY AND COMMUNICA-
TIONS.—(1) In conforming with section 205, in carrying
out section 112(a)(16), the National Intelligence Director 
shall—
(A) establish standards for information tech-
nology and communications across the intelligence 
community; 
(B) develop an integrated information tech-
nology network and enterprise architecture for the 
intelligence community, including interface stand-
ards for interoperability to enable automated infor-
mation-sharing among elements of the intelligence 
community; 
(C) maintain an inventory of critical informa-
tion technology and communications systems, and 
eliminate unnecessary or duplicative systems;
(D) establish contingency plans for the intel-
ligence community regarding information technology 
and communications; and 
(E) establish policies, doctrine, training, and 
other measures necessary to ensure that the intel-
ligence community develops an integrated informa-
tion technology and communications network that 
ensures information-sharing. 
(2) Consistent with section 205, the Director shall 
take any action necessary, including the setting of stand-
ards for information technology and communications
across the intelligence community, to develop an inte-
grated information technology and communications net-
work that ensures information-sharing across the intel-
ligence community. 
(i) 
COORDINATION
WITH
FOREIGN
GOVERN-
MENTS.—In a manner consistent with section 207 of the 
Foreign Service Act of 1980 (22 U.S.C. 3927), the Na-
tional Intelligence Director shall oversee and direct the Di-
rector of the Central Intelligence Agency in coordinating, 
under section 103(f) of the National Security Act of 1947, 
the relationships between elements of the intelligence com-
munity and the intelligence or security services of foreign 
governments on all matters involving intelligence related 
to the national security or involving intelligence acquired 
through clandestine means. 
(j) OPEN SOURCE INFORMATION COLLECTION.—The 
National Intelligence Director shall establish and maintain 
within the intelligence community an effective and effi-
cient open-source information collection capability. 
(k) ACCESS TO INFORMATION.—Except as otherwise 
directed by the President, the head of each element of the 
intelligence community shall promptly provide the Na-
tional Intelligence Director such information in the posses-
sion or under the control of such element as the Director 
may request in order to facilitate the exercise of the au-
thorities and responsibilities of the Director under this 
Act. 
SEC. 114. ENHANCED PERSONNEL MANAGEMENT. 
(a) REWARDS
FOR SERVICE
IN CERTAIN POSI-
TIONS.—(1) The National Intelligence Director shall pre-
scribe regulations to provide incentives for service on the 
staff of the national intelligence centers, on the staff of 
the National Counterterrorism Center, and in other posi-
tions in support of the intelligence community manage-
ment functions of the Director. 
(2) Incentives under paragraph (1) may include fi-
nancial incentives, bonuses, and such other awards and 
incentives as the Director considers appropriate. 
(b) ENHANCED PROMOTION FOR SERVICE UNDER 
NID.—Notwithstanding any other provision of law, the 
National Intelligence Director shall ensure that personnel 
of an element of the intelligence community who are as-
signed or detailed to service under the National Intel-
ligence Director shall be promoted at rates equivalent to 
or better than personnel of such element who are not so 
assigned or detailed. 
(c) JOINT CAREER MATTERS.—(1) In carrying out 
section 112(a)(8), the National Intelligence Director shall 
prescribe mechanisms to facilitate the rotation of per-
sonnel of the intelligence community through various ele-
ments of the intelligence community in the course of their 
careers in order to facilitate the widest possible under-
standing by such personnel of the variety of intelligence 
requirements, methods, and disciplines. 
(2) The mechanisms prescribed under paragraph (1) 
may include the following: 
(A) The establishment of special occupational 
categories involving service, over the course of a ca-
reer, in more than one element of the intelligence 
community. 
(B) The provision of rewards for service in posi-
tions undertaking analysis and planning of oper-
ations involving two or more elements of the intel-
ligence community. 
(C) The establishment of requirements for edu-
cation, training, service, and evaluation that involve 
service in more than one element of the intelligence 
community. 
(3) It is the sense of Congress that the mechanisms 
prescribed under this subsection should, to the extent 
practical, seek to duplicate within the intelligence commu-
nity the joint officer management policies established by 
the Goldwater-Nichols Department of Defense Reorga-
nization Act of 1986 (Public Law 99–433) and the amend-
ments on joint officer management made by that Act.
SEC. 115. SECURITY CLEARANCES. 
(a) IN GENERAL.—The President, in consultation 
with the National Intelligence Director, the department, 
agency, or element selected under (b), and other appro-
priate officials shall—
(1) establish uniform standards and procedures 
for the grant of access to classified information for 
employees and contractor personnel of the United 
States Government who require access to such infor-
mation; 
(2) ensure the consistent implementation of the 
standards and procedures established under para-
graph (1) throughout the departments, agencies, and 
elements of the United States Government and 
under contracts entered into by such departments, 
agencies, and elements; 
(3) ensure that an individual who is granted or 
continued eligibility for access to classified informa-
tion is treated by each department, agency, or ele-
ment of the executive branch as eligible for access to 
classified information at that level for all purposes 
of each such department, agency, or element, re-
gardless of which department, agency, or element of 
the executive branch granted or continued the eligi-
bility of such individual for access to classified infor-
mation;
(4) establish uniform requirements and stand-
ards, including for security questionnaires, financial 
disclosure requirements, and standards for admin-
istering polygraph examinations, to be utilized for 
the performance of security clearance investigations, 
including by the contractors conducting such inves-
tigations; and 
(5) ensure that the database established under 
subsection (b)(2)(B) meets the needs of the intel-
ligence community.
(b) PERFORMANCE OF SECURITY CLEARANCE INVES-
TIGATIONS.—(1) Not later than 45 days after the date of 
the enactment of this Act, the President shall select a sin-
gle department, agency, or element of the executive branch 
to conduct all security clearance investigations of employ-
ees and contractor personnel of the United States Govern-
ment who require access to classified information and to 
provide and maintain all security clearances of such em-
ployees and contractor personnel. 
(2) The department, agency, or element selected 
under paragraph (1) shall—
(A) take all necessary actions to carry out 
the requirements of this section, including en-
tering into a memorandum of understanding 
with any agency carrying out responsibilities re-
clearance investigation required for an individual under its 
jurisdiction. 
(3) Upon granting or continuing eligibility for access 
to classified information to an individual under its juris-
diction, an agency that adjudicates and grants security 
clearances shall submit to the department, agency, or ele-
ment selected under subsection (b) notice of that action, 
including the level of access to classified information 
granted. 
(d) UTILIZATION OF PERSONNEL.—There shall be 
transferred to the department, agency, or element selected 
under subsection (b) any personnel of any executive agen-
cy whose sole function as of the date of the enactment 
of this Act is the performance of security clearance inves-
tigations. 
(e) TRANSITION.—The President shall take appro-
priate actions to ensure that the performance of security 
clearance investigations under this section commences not 
later than one year after the date of the enactment of this 
Act. 
SEC. 116. NATIONAL INTELLIGENCE RESERVE CORPS. 
(a) ESTABLISHMENT.—The National Intelligence Di-
rector may provide for the establishment and training of 
a National Intelligence Reserve Corps (in this section re-
ferred to as ‘‘National Intelligence Reserve Corps’’) for the
temporary reemployment on a voluntary basis of former 
employees of elements of the intelligence community dur-
ing periods of emergency, as determined by the Director. 
(b) ELIGIBLE INDIVIDUALS.—An individual may par-
ticipate in the National Intelligence Reserve Corps only 
if the individual previously served as a full time employee 
of an element of the intelligence community. 
(c) LIMITATION ON MEMBERSHIP.—The total num-
ber of individuals who are members of the National Intel-
ligence Reserve Corps at any given time may not exceed 
200 individuals. 
(d) TERMS OF PARTICIPATION.—The National Intel-
ligence Director shall prescribe the terms and conditions 
under which eligible individuals may participate in the Na-
tional Intelligence Reserve Corps. 
(e) EXPENSES.—The National Intelligence Director 
may provide members of the National Intelligence Reserve 
Corps transportation and per diem in lieu of subsistence 
for purposes of participating in any training that relates 
to service as a member of the Reserve Corps. 
(f) TREATMENT OF ANNUITANTS.—(1) If an annu-
itant receiving an annuity from the Civil Service Retire-
ment and Disability Fund becomes temporarily reem-
ployed pursuant to this section, such annuity shall not be 
discontinued thereby.
(2) An annuitant so reemployed shall not be consid-
ered an employee for the purposes of chapter 83 or 84 
of title 5, United States Code. 
(g) TREATMENT UNDER NATIONAL INTELLIGENCE 
AUTHORITY PERSONNEL CEILING.—A member of the Na-
tional Intelligence Reserve Corps who is reemployed on a 
temporary basis pursuant to this section shall not count 
against any personnel ceiling applicable to the National 
Intelligence Authority. 
SEC. 117. APPOINTMENT AND TERMINATION OF CERTAIN 
OFFICIALS 
RESPONSIBLE 
FOR 
INTEL-
LIGENCE-RELATED ACTIVITIES. 
(a) RECOMMENDATION
OF NID IN CERTAIN AP-
POINTMENT.—In the event of a vacancy in the position 
of Director of the Central Intelligence Agency, the Na-
tional Intelligence Director shall recommend to the Presi-
dent an individual for nomination to fill the vacancy. 
(b) CONCURRENCE OF SECRETARY OF DEFENSE IN 
CERTAIN APPOINTMENTS RECOMMENDED BY NID.—(1) 
In the event of a vacancy in a position referred to in para-
graph (2), the National Intelligence Director shall obtain 
the concurrence of the Secretary of Defense before recom-
mending to the President an individual for nomination to 
fill such vacancy. If the Secretary does not concur in the 
recommendation, the Director may make the recommenda-
tion to the President without the concurrence of the Sec-
retary, but shall include in the recommendation a state-
ment that the Secretary does not concur in the rec-
ommendation. 
(2) Paragraph (1) applies to the following positions: 
(A) The Director of the National Security 
Agency. 
(B) The Director of the National Reconnais-
sance Office.
(C) The Director of the National Geospatial-In-
telligence Agency. 
(c) CONCURRENCE OF NID IN CERTAIN APPOINT-
MENTS.—(1) In the event of a vacancy in a position re-
ferred to in paragraph (2), the head of the department 
or agency having jurisdiction over the position shall obtain 
the concurrence of the National Intelligence Director be-
fore appointing an individual to fill the vacancy or recom-
mending to the President an individual to be nominated 
to fill the vacancy. If the Director does not concur in the 
recommendation, the head of the department or agency 
concerned may fill the vacancy or make the recommenda-
tion to the President (as the case may be) without the 
concurrence of the Director, but shall notify the President 
that the Director does not concur in appointment or rec-
ommendation (as the case may be).
(2) Paragraph (1) applies to the following positions: 
(A) The Under Secretary of Defense for Intel-
ligence. 
(B) The Assistant Secretary of Homeland Secu-
rity for Information Analysis. 
(C) The Director of the Defense Intelligence 
Agency. 
(D) The Executive Assistant Director for Intel-
ligence of the Federal Bureau of Investigation. 
(d) RECOMMENDATION OF NID ON TERMINATION OF 
SERVICE.—(1) The National Intelligence Director may 
recommend to the President or the head of the department 
or agency concerned the termination of service of any indi-
vidual serving in any position covered by this section. 
(2) In the event the Director intends to recommend 
to the President the termination of service of an individual 
under paragraph (1), the Director shall seek the concur-
rence of the head of the department or agency concerned. 
If the head of the department or agency concerned does 
not concur in the recommendation, the Director may make 
the recommendation to the President without the concur-
rence of the head of the department or agency concerned, 
but shall notify the President that the head of the depart-
ment or agency concerned does not concur in the rec-
ommendation.
SEC. 118. RESERVE FOR CONTINGENCIES OF THE NA-
TIONAL INTELLIGENCE DIRECTOR. 
(a) ESTABLISHMENT.—There is hereby established 
on the books of the Treasury an account to be known as 
the Reserve for Contingencies of the National Intelligence 
Director. 
(b) ELEMENTS.—The Reserve shall consist of the fol-
lowing elements: 
(1) Amounts authorized to be appropriated to 
the Reserve. 
(2) Any amounts authorized to be transferred 
to or deposited in the Reserve by law. 
(c) AVAILABILITY.—Amounts in the Reserve shall be 
available for such purposes as are provided by law. 
(d) TRANSFER OF FUNDS OF RESERVE FOR CONTIN-
GENCIES OF CIA.—There shall be transferred to the Re-
serve for Contingencies of the National Intelligence Direc-
tor all unobligated balances of the Reserve for Contin-
gencies of the Central Intelligence Agency as of the date 
of the enactment of this Act.
Subtitle C—Office of the National 
Intelligence Director 
SEC. 121. OFFICE OF THE NATIONAL INTELLIGENCE DIREC-
TOR. 
(a) OFFICE OF NATIONAL INTELLIGENCE DIREC-
TOR.—There is within the National Intelligence Authority 
an Office of the National Intelligence Director. 
(b) FUNCTION.—The function of the Office of the 
National Intelligence Director is to assist the National In-
telligence Director in carrying out the duties and respon-
sibilities of the Director under this Act, the National Secu-
rity Act of 1947 (50 U.S.C. 401 et seq.), and other appli-
cable provisions of law, and to carry out such other duties 
as may be prescribed by the President or by law. 
(c) COMPOSITION.—The Office of the National Intel-
ligence Director is composed of the following: 
(1) The Principal Deputy National Intelligence 
Director. 
(2) Any Deputy National Intelligence Director 
appointed under section 122(b). 
(3) The National Intelligence Council. 
(4) The General Counsel of the National Intel-
ligence Authority. 
(5) The Intelligence Comptroller.
(6) The Officer for Civil Rights and Civil Lib-
erties of the National Intelligence Authority. 
(7) The Privacy Officer of the National Intel-
ligence Authority. 
(8) The Chief Information Officer of the Na-
tional Intelligence Authority. 
(9) The Chief Human Capital Officer of the 
National Intelligence Authority. 
(10) The Chief Financial Officer of the Na-
tional Intelligence Authority. 
(11) The National Counterintelligence Execu-
tive (including the Office of the National Counter-
intelligence Executive).
(12) Such other offices and officials as may be 
established by law or the Director may establish or 
designate in the Office. 
(d) STAFF.—(1) To assist the National Intelligence 
Director in fulfilling the duties and responsibilities of the 
Director, the Director shall employ and utilize in the Of-
fice of the National Intelligence Director a professional 
staff having an expertise in matters relating to such duties 
and responsibilities, and may establish permanent posi-
tions and appropriate rates of pay with respect to that 
staff.
(2) The staff of the Office of the National Intelligence 
Director under paragraph (1) shall include the staff of the 
Office of the Deputy Director of Central Intelligence for 
Community Management that is transferred to the Office 
of the National Intelligence Director under section 321. 
(e) PROHIBITION ON CO-LOCATION WITH OTHER 
ELEMENTS
OF
INTELLIGENCE
COMMUNITY.—Com-
mencing as of October 1, 2006, the Office of the National 
Intelligence Director may not be co-located with any other 
element of the intelligence community. 
SEC. 122. DEPUTY NATIONAL INTELLIGENCE DIRECTORS. 
(a) PRINCIPAL DEPUTY NATIONAL INTELLIGENCE 
DIRECTOR.—(1) There is a Principal Deputy National In-
telligence Director who shall be appointed by the Presi-
dent, by and with the advice and consent of the Senate. 
(2) In the event of a vacancy in the position of Prin-
cipal Deputy National Intelligence Director, the National 
Intelligence Director shall recommend to the President an 
individual for appointment as Principal Deputy National 
Intelligence Director. 
(3) Any individual nominated for appointment as 
Principal Deputy National Intelligence Director shall have 
extensive national security experience and management 
expertise.
(4) The individual serving as Principal Deputy Na-
tional Intelligence Director may not, while so serving, 
serve in any capacity in any other element of the intel-
ligence community, except to the extent that the individual 
serving as Principal Deputy National Intelligence Director 
is doing so in an acting capacity. 
(5) The Principal Deputy National Intelligence Di-
rector shall assist the National Intelligence Director in 
carrying out the duties and responsibilities of the Director. 
(6) The Principal Deputy National Intelligence Di-
rector shall act for, and exercise the powers of, the Na-
tional Intelligence Director during the absence or dis-
ability of the National Intelligence Director or during a 
vacancy in the position of National Director of Intel-
ligence. 
(b) DEPUTY
NATIONAL
INTELLIGENCE
DIREC-
TORS.—(1) There may be not more than four Deputy Na-
tional Intelligence Directors who shall be appointed by the 
President. 
(2) In the event of a vacancy in any position of Dep-
uty National Intelligence Director established under this 
subsection, the National Intelligence Director shall rec-
ommend to the President an individual for appointment 
to such position.
(3) Each Deputy National Intelligence Director ap-
pointed under this subsection shall have such duties, re-
sponsibilities, and authorities as the National Intelligence 
Director may assign or are specified by law. 
SEC. 123. NATIONAL INTELLIGENCE COUNCIL. 
(a) NATIONAL INTELLIGENCE COUNCIL.—There is a 
National Intelligence Council. 
(b) COMPOSITION.—(1) The National Intelligence 
Council shall be composed of senior analysts within the 
intelligence community and substantive experts from the 
public and private sector, who shall be appointed by, re-
port to, and serve at the pleasure of, the National Intel-
ligence Director. 
(2) The Director shall prescribe appropriate security 
requirements for personnel appointed from the private sec-
tor as a condition of service on the Council, or as contrac-
tors of the Council or employees of such contractors, to 
ensure the protection of intelligence sources and methods 
while avoiding, wherever possible, unduly intrusive re-
quirements which the Director considers to be unnecessary 
for this purpose. 
(c) DUTIES AND RESPONSIBILITIES.—(1) The Na-
tional Intelligence Council shall—
(A) produce national intelligence estimates for 
the United States Government, including alternative
views held by elements of the intelligence community 
and other information as specified in paragraph (2); 
(B) evaluate community-wide collection and 
production of intelligence by the intelligence commu-
nity and the requirements and resources of such col-
lection and production; and 
(C) otherwise assist the National Intelligence 
Director in carrying out the responsibilities of the 
Director under section 111. 
(2) The National Intelligence Director shall ensure 
that the Council satisfies the needs of policymakers and 
other consumers of intelligence by ensuring that each na-
tional intelligence estimate under paragraph (1)—
(A) states separately, and distinguishes be-
tween, the intelligence underlying such estimate and 
the assumptions and judgments of analysts with re-
spect to such intelligence and such estimate; 
(B) describes the quality and reliability of the 
intelligence underlying such estimate; 
(C) presents and explains alternative conclu-
sions, if any, with respect to the intelligence under-
lying such estimate and such estimate; and 
(D) characterizes the uncertainties, if any, and 
confidence in such estimate.
(d) SERVICE AS SENIOR INTELLIGENCE ADVISERS.—
Within their respective areas of expertise and under the 
direction of the National Intelligence Director, the mem-
bers of the National Intelligence Council shall constitute 
the senior intelligence advisers of the intelligence commu-
nity for purposes of representing the views of the intel-
ligence community within the United States Government. 
(e) AUTHORITY TO CONTRACT.—Subject to the di-
rection and control of the National Intelligence Director, 
the National Intelligence Council may carry out its respon-
sibilities under this section by contract, including con-
tracts for substantive experts necessary to assist the 
Council with particular assessments under this section.
(f) STAFF.—The National Intelligence Director shall 
make available to the National Intelligence Council such 
staff as may be necessary to permit the Council to carry 
out its responsibilities under this section. 
(g) AVAILABILITY
OF COUNCIL
AND STAFF.—(1) 
The National Intelligence Director shall take appropriate 
measures to ensure that the National Intelligence Council 
and its staff satisfy the needs of policymaking officials and 
other consumers of intelligence. 
(2) The Council shall be readily accessible to policy-
making officials and other appropriate individuals not oth-
erwise associated with the intelligence community.
(h) SUPPORT.—The heads of the elements of the in-
telligence community shall, as appropriate, furnish such 
support to the National Intelligence Council, including the 
preparation of intelligence analyses, as may be required 
by the National Intelligence Director. 
SEC. 124. GENERAL COUNSEL OF THE NATIONAL INTEL-
LIGENCE AUTHORITY. 
(a) GENERAL
COUNSEL
OF
NATIONAL
INTEL-
LIGENCE AUTHORITY.—There is a General Counsel of the 
National Intelligence Authority who shall be appointed 
from civilian life by the President, by and with the advice 
and consent of the Senate. 
(b) PROHIBITION ON DUAL SERVICE AS GENERAL 
COUNSEL OF ANOTHER AGENCY.—The individual serving 
in the position of General Counsel of the National Intel-
ligence Authority may not, while so serving, also serve as 
the General Counsel of any other department, agency, or 
element of the United States Government. 
(c) SCOPE OF POSITION.—The General Counsel of 
the National Intelligence Authority is the chief legal offi-
cer of the National Intelligence Authority. 
(d) FUNCTIONS.—The General Counsel of the Na-
tional Intelligence Authority shall perform such functions 
as the National Intelligence Director may prescribe.
SEC. 125. INTELLIGENCE COMPTROLLER. 
(a) INTELLIGENCE COMPTROLLER.—There is an In-
telligence Comptroller who shall be appointed from civilian 
life by the National Intelligence Director. 
(b) SUPERVISION.—The Intelligence Comptroller 
shall report directly to the National Intelligence Director. 
(c) DUTIES.—The Intelligence Comptroller shall—
(1) assist the National Intelligence Director in 
the preparation and execution of the budget of the 
elements of the intelligence community within the 
National Intelligence Program; 
(2) assist the Director in participating in the 
development by the Secretary of Defense of the an-
nual budget for military intelligence programs and 
activities outside the National Intelligence Program; 
(3) provide unfettered access to the Director to 
financial information under the National Intelligence 
Program; 
(4) perform such other duties as may be pre-
scribed by the Director or specified by law. 
SEC. 126. OFFICER FOR CIVIL RIGHTS AND CIVIL LIB-
ERTIES OF THE NATIONAL INTELLIGENCE 
AUTHORITY. 
(a) OFFICER FOR CIVIL RIGHTS AND CIVIL LIB-
ERTIES
OF
NATIONAL
INTELLIGENCE
AUTHORITY.—
There is an Officer for Civil Rights and Civil Liberties
of the National Intelligence Authority who shall be ap-
pointed by the President. 
(b) SUPERVISION.—The Officer for Civil Rights and 
Civil Liberties of the National Intelligence Authority shall 
report directly to the National Intelligence Director. 
(c) DUTIES.—The Officer for Civil Rights and Civil 
Liberties of the National Intelligence Authority shall—
(1) assist the National Intelligence Director in 
ensuring that the protection of civil rights and civil 
liberties, as provided in the Constitution, laws, regu-
lations, and Executive orders of the United States, 
is appropriately incorporated in—
(A) the policies and procedures developed 
for and implemented by the National Intel-
ligence Authority; 
(B) the policies and procedures regarding 
the relationships among the elements of the in-
telligence community within the National Intel-
ligence Program; and 
(C) the policies and procedures regarding 
the relationships between the elements of the 
intelligence community within the National In-
telligence Program and the other elements of 
the intelligence community;
(2) oversee compliance by the Authority, and in 
the relationships described in paragraph (1), with 
requirements under the Constitution and all laws, 
regulations, Executive orders, and implementing 
guidelines relating to civil rights and civil liberties; 
(3) review, investigate, and assess complaints 
and other information indicating possible abuses of 
civil rights or civil liberties, as provided in the Con-
stitution, laws, regulations, and Executive orders of 
the United States, in the administration of the pro-
grams and operations of the Authority, and in the 
relationships described in paragraph (1), unless, in 
the determination of the Inspector General of the 
National Intelligence Authority, the review, inves-
tigation, or assessment of a particular complaint or 
information can better be conducted by the Inspec-
tor General; 
(4) coordinate with the Privacy Officer of the 
National Intelligence Authority to ensure that pro-
grams, policies, and procedures involving civil rights, 
civil liberties, and privacy considerations are ad-
dressed in an integrated and comprehensive manner; 
and 
(5) perform such other duties as may be pre-
scribed by the Director or specified by law.
SEC. 127. PRIVACY OFFICER OF THE NATIONAL INTEL-
LIGENCE AUTHORITY. 
(a) PRIVACY OFFICER OF NATIONAL INTELLIGENCE 
AUTHORITY.—There is a Privacy Officer of the National 
Intelligence Authority who shall be appointed by the Na-
tional Intelligence Director. 
(b) DUTIES.—(1) The Privacy Officer of the National 
Intelligence Authority shall have primary responsibility for 
the privacy policy of the National Intelligence Authority 
(including in the relationships among the elements of the 
intelligence community within the National Intelligence 
Program and the relationships between the elements of the 
intelligence community within the National Intelligence
Program and the other elements of the intelligence com-
munity). 
(2) In discharging the responsibility under paragraph 
(1), the Privacy Officer shall—
(A) assure that the use of technologies sustain, 
and do not erode, privacy protections relating to the 
use, collection, and disclosure of personal informa-
tion; 
(B) assure that personal information contained 
in Privacy Act systems of records is handled in full 
compliance with fair information practices as set out 
in the Privacy Act of 1974;
(C) conduct privacy impact assessments when 
appropriate or as required by law; and 
(D) coordinate with the Officer for Civil Rights 
and Civil Liberties of the National Intelligence Au-
thority to ensure that programs, policies, and proce-
dures involving civil rights, civil liberties, and pri-
vacy considerations are addressed in an integrated 
and comprehensive manner. 
SEC. 128. CHIEF INFORMATION OFFICER OF THE NATIONAL 
INTELLIGENCE AUTHORITY. 
(a) CHIEF INFORMATION OFFICER OF NATIONAL IN-
TELLIGENCE AUTHORITY.—There is a Chief Information 
Officer of the National Intelligence Authority who shall 
be appointed by the National Intelligence Director. 
(b) DUTIES.—The Chief Information Officer of the 
National Intelligence Authority shall—
(1) assist the National Intelligence Director in 
implementing the responsibilities and executing the 
authorities related to information technology under 
paragraphs (15) and (16) of section 112(a) and sec-
tion 113(h); and 
(2) perform such other duties as may be pre-
scribed by the Director or specified by law.
SEC. 129. CHIEF HUMAN CAPITAL OFFICER OF THE NA-
TIONAL INTELLIGENCE AUTHORITY. 
(a) CHIEF HUMAN CAPITAL OFFICER OF NATIONAL 
INTELLIGENCE AUTHORITY.—There is a Chief Human 
Capital Officer of the National Intelligence Authority who 
shall be appointed by the National Intelligence Director. 
(b) DUTIES.—The Chief Human Capital Officer of 
the National Intelligence Authority shall—
(1) have the functions and authorities provided 
for Chief Human Capital Officers under sections 
1401 and 1402 of title 5, United States Code, with 
respect to the National Intelligence Authority; and 
(2) advise and assist the National Intelligence 
Director in exercising the authorities and respon-
sibilities of the Director with respect to the work-
force of the intelligence community as a whole. 
SEC. 130. CHIEF FINANCIAL OFFICER OF THE NATIONAL IN-
TELLIGENCE AUTHORITY. 
(a) CHIEF FINANCIAL OFFICER OF NATIONAL IN-
TELLIGENCE AUTHORITY.—There is a Chief Financial Of-
ficer of the National Intelligence Authority who shall be 
designated by the President, in consultation with the Na-
tional Intelligence Director. 
(b) DESIGNATION REQUIREMENTS.—The designation 
of an individual as Chief Financial Officer of the National
Intelligence Authority shall be subject to applicable provi-
sions of section 901(a) of title 31, United States Code. 
(c) AUTHORITIES AND FUNCTIONS.—The Chief Fi-
nancial Officer of the National Intelligence Authority shall 
have such authorities, and carry out such functions, with 
respect to the National Intelligence Authority as are pro-
vided for an agency Chief Financial Officer by section 902 
of title 31, United States Code, and other applicable provi-
sions of law. 
(d) COORDINATION WITH NIA COMPTROLLER.—(1) 
The Chief Financial Officer of the National Intelligence 
Authority shall coordinate with the Comptroller of the Na-
tional Intelligence Authority in exercising the authorities 
and performing the functions provided for the Chief Fi-
nancial Officer under this section. 
(2) The National Intelligence Director shall take such 
actions as are necessary to prevent duplication of effort 
by the Chief Financial Officer of the National Intelligence 
Authority and the Comptroller of the National Intelligence 
Authority. 
(e) INTEGRATION OF FINANCIAL SYSTEMS.—Subject 
to the supervision, direction, and control of the National 
Intelligence Director, the Chief Financial Officer of the 
National Intelligence Authority shall take appropriate ac-
tions to ensure the timely and effective integration of the
financial systems of the National Intelligence Authority 
(including any elements or components transferred to the 
Authority by this Act), and of the financial systems of the 
Authority with applicable portions of the financial systems 
of the other elements of the intelligence community, as 
soon as possible after the date of the enactment of this 
Act. 
(f) PROTECTION
OF ANNUAL FINANCIAL STATE-
MENT FROM DISCLOSURE.—The annual financial state-
ment of the National Intelligence Authority required 
under section 3515 of title 31, United States Code—
(1) shall be submitted in classified form; and 
(2) notwithstanding any other provision of law, 
shall be withheld from public disclosure. 
SEC. 131. NATIONAL COUNTERINTELLIGENCE EXECUTIVE. 
(a) NATIONAL
COUNTERINTELLIGENCE
EXECU-
TIVE.—The National Counterintelligence Executive under 
section 902 of the Counterintelligence 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, is a com-
ponent of the Office of the National Intelligence Director. 
(b) DUTIES.—The National Counterintelligence Ex-
ecutive shall perform the duties provided in the Counter-
intelligence Enhancement Act of 2002, as so amended,
and such other duties as may be prescribed by the Na-
tional Intelligence Director or specified by law. 
Subtitle D—Additional Elements of 
National Intelligence Authority 
SEC. 141. INSPECTOR GENERAL OF THE NATIONAL INTEL-
LIGENCE AUTHORITY. 
(a) OFFICE OF INSPECTOR GENERAL OF NATIONAL 
INTELLIGENCE AUTHORITY.—There is within the Na-
tional Intelligence Authority an Office of the Inspector 
General of the National Intelligence Authority. 
(b) PURPOSE.—The purpose of the Office of the In-
spector General of the National Intelligence Authority is 
to—
(1) create an objective and effective office, ap-
propriately accountable to Congress, to initiate and 
conduct independently investigations, inspections, 
and audits relating to—
(A) the programs and operations of the 
National Intelligence Authority; 
(B) the relationships among the elements 
of the intelligence community within the Na-
tional Intelligence Program; and 
(C) the relationships between the elements 
of the intelligence community within the Na-
tional Intelligence Program and the other ele-
ments of the intelligence community; 
(2) recommend policies designed—
(A) to promote economy, efficiency, and ef-
fectiveness in the administration of such pro-
grams and operations, and in such relation-
ships; and 
(B) to prevent and detect fraud and abuse 
in such programs, operations, and relationships; 
(3) provide a means for keeping the National 
Intelligence Director fully and currently informed 
about—
(A) problems and deficiencies relating to 
the administration of such programs and oper-
ations, and to such relationships; and 
(C) the necessity for, and the progress of, 
corrective actions; and 
(4) in the manner prescribed by this section, 
ensure that the congressional intelligence committees 
are kept similarly informed of—
(A) significant problems and deficiencies 
relating to the administration of such programs 
and operations, and to such relationships; and 
(B) the necessity for, and the progress of, 
corrective actions.
(c) INSPECTOR GENERAL
OF NATIONAL INTEL-
LIGENCE AUTHORITY.—(1) There is an Inspector General 
of the National Intelligence Authority, who shall be the 
head of the Office of the Inspector General of the National 
Intelligence Authority, who shall be appointed by the 
President, by and with the advice and consent of the Sen-
ate. 
(2) The nomination of an individual for appointment 
as Inspector General shall be made—
(A) without regard to political affiliation; 
(B) solely on the basis of integrity, compliance 
with the security standards of the National Intel-
ligence Authority, and prior experience in the field 
of intelligence or national security; and 
(C) on the basis of demonstrated ability in ac-
counting, financial analysis, law, management anal-
ysis, public administration, or auditing. 
(3) The Inspector General shall report directly to and 
be under the general supervision of the National Intel-
ligence Director. 
(4) The Inspector General may be removed from of-
fice only by the President. The President shall imme-
diately communicate in writing to the congressional intel-
ligence committees the reasons for the removal of any indi-
vidual from the position of Inspector General.
(d) DUTIES AND RESPONSIBILITIES.—It shall be the 
duty and responsibility of the Inspector General of the Na-
tional Intelligence Authority—
(1) to provide policy direction for, and to plan, 
conduct, supervise, and coordinate independently, 
the investigations, inspections, and audits relating to 
the programs and operations of the National Intel-
ligence Authority, the relationships among the ele-
ments of the intelligence community within the Na-
tional Intelligence Program, and the relationships 
between the elements of the intelligence community 
within the National Intelligence Program and the 
other elements of the intelligence community to en-
sure they are conducted efficiently and in accordance 
with applicable law and regulations; 
(2) to keep the National Intelligence Director 
fully and currently informed concerning violations of 
law and regulations, violations of civil liberties and 
privacy, and fraud and other serious problems, 
abuses, and deficiencies that may occur in such pro-
grams and operations, and in such relationships, and 
to report the progress made in implementing correc-
tive action; 
(3) to take due regard for the protection of in-
telligence sources and methods in the preparation of
all reports issued by the Inspector General, and, to 
the extent consistent with the purpose and objective 
of such reports, take such measures as may be ap-
propriate to minimize the disclosure of intelligence 
sources and methods described in such reports; and 
(4) in the execution of the duties and respon-
sibilities under this section, to comply with generally 
accepted government auditing standards. 
(e) LIMITATIONS ON ACTIVITIES.—(1) The National 
Intelligence Director may prohibit the Inspector General 
of the National Intelligence Authority from initiating, car-
rying out, or completing any investigation, inspection, or 
audit if the Director determines that such prohibition is 
necessary to protect vital national security interests of the 
United States. 
(2) If the Director exercises the authority under 
paragraph (1), the Director shall submit an appropriately 
classified statement of the reasons for the exercise of such 
authority within seven days to the congressional intel-
ligence committees. 
(3) The Director shall advise the Inspector General 
at the time a report under paragraph (1) is submitted, 
and, to the extent consistent with the protection of intel-
ligence sources and methods, provide the Inspector Gen-
eral with a copy of such report.
(4) The Inspector General may submit to the con-
gressional intelligence committees any comments on a re-
port of which the Inspector General has notice under para-
graph (3) that the Inspector General considers appro-
priate. 
(f) AUTHORITIES.—(1) The Inspector General of the 
National Intelligence Authority shall have direct and 
prompt access to the National Intelligence Director when 
necessary for any purpose pertaining to the performance 
of the duties of the Inspector General. 
(2)(A) The Inspector General shall have access to any 
employee, or any employee of a contractor, of the National
Intelligence Authority, and of any other element of the in-
telligence community within the National Intelligence Pro-
gram, whose testimony is needed for the performance of 
the duties of the Inspector General. 
(B) The Inspector General shall have direct access 
to all records, reports, audits, reviews, documents, papers, 
recommendations, or other material which relate to the 
programs and operations with respect to which the Inspec-
tor General has responsibilities under this section. 
(C) The level of classification or compartmentation 
of information shall not, in and of itself, provide a suffi-
cient rationale for denying the Inspector General access 
to any materials under subparagraph (B).
(D) Failure on the part of any employee or contractor 
of the National Intelligence Authority to cooperate with 
the Inspector General shall be grounds for appropriate ad-
ministrative actions by the Director, including loss of em-
ployment or the termination of an existing contractual re-
lationship. 
(3) The Inspector General is authorized to receive 
and investigate complaints or information from any person 
concerning the existence of an activity constituting a viola-
tion of laws, rules, or regulations, or mismanagement, 
gross waste of funds, abuse of authority, or a substantial 
and specific danger to the public health and safety. Once 
such complaint or information has been received from an 
employee of the Federal government—
(A) the Inspector General shall not disclose the 
identity of the employee without the consent of the 
employee, unless the Inspector General determines 
that such disclosure is unavoidable during the course 
of the investigation or the disclosure is made to an 
official of the Department of Justice responsible for 
determining whether a prosecution should be under-
taken; and 
(B) no action constituting a reprisal, or threat 
of reprisal, for making such complaint may be taken 
by any employee in a position to take such actions,
unless the complaint was made or the information 
was disclosed with the knowledge that it was false 
or with willful disregard for its truth or falsity. 
(4) The Inspector General shall have authority to ad-
minister to or take from any person an oath, affirmation, 
or affidavit, whenever necessary in the performance of the 
duties of the Inspector General, which oath, affirmation, 
or affidavit when administered or taken by or before an 
employee of the Office of the Inspector General of the Na-
tional Intelligence Authority designated by the Inspector 
General shall have the same force and effect as if adminis-
tered or taken by or before an officer having a seal. 
(5)(A) Except as provided in subparagraph (B), the 
Inspector General is authorized to require by subpoena the 
production of all information, documents, reports, an-
swers, records, accounts, papers, and other data and docu-
mentary evidence necessary in the performance of the du-
ties and responsibilities of the Inspector General. 
(B) In the case of departments, agencies, and other 
elements of the United States Government, the Inspector 
General shall obtain information, documents, reports, an-
swers, records, accounts, papers, and other data and evi-
dence for the purpose specified in subparagraph (A) using 
procedures other than by subpoenas.
(C) The Inspector General may not issue a subpoena 
for or on behalf of any other element or component of the 
Authority. 
(D) In the case of contumacy or refusal to obey a 
subpoena issued under this paragraph, the subpoena shall 
be enforceable by order of any appropriate district court 
of the United States. 
(g) STAFF AND OTHER SUPPORT.—(1) The Inspec-
tor General of the National Intelligence Authority shall be 
provided with appropriate and adequate office space at 
central and field office locations, together with such equip-
ment, office supplies, maintenance services, and commu-
nications facilities and services as may be necessary for 
the operation of such offices. 
(2)(A) Subject to applicable law and the policies of 
the National Intelligence Director, the Inspector General 
shall select, appoint and employ such officers and employ-
ees as may be necessary to carry out the functions of the 
Inspector General. 
(B) In making selections under subparagraph (A), 
the Inspector General shall ensure that such officers and 
employees have the requisite training and experience to 
enable the Inspector General to carry out the duties of 
the Inspector General effectively.
(C) In meeting the requirements of this paragraph, 
the Inspector General shall create within the Office of the 
Inspector General of the National Intelligence Authority 
a career cadre of sufficient size to provide appropriate con-
tinuity and objectivity needed for the effective perform-
ance of the duties of the Inspector General. 
(3)(A) Subject to the concurrence of the Director, the 
Inspector General may request such information or assist-
ance as may be necessary for carrying out the duties and 
responsibilities of the Inspector General from any depart-
ment, agency, or other element of the United States Gov-
ernment. 
(B) Upon request of the Inspector General for infor-
mation or assistance under subparagraph (A), the head 
of the department, agency, or element concerned shall, in-
sofar as is practicable and not in contravention of any ex-
isting statutory restriction or regulation of the depart-
ment, agency, or element, furnish to the Inspector Gen-
eral, or to an authorized designee, such information or as-
sistance. 
(h) REPORTS.—(1)(A) The Inspector General of the 
National Intelligence Authority shall, not later than Janu-
ary 31 and July 31 of each year, prepare and submit to 
the National Intelligence Director a classified semiannual 
report summarizing the activities of the Office of the In-
spector General of the National Intelligence Authority 
during the immediately preceding six-month periods end-
ing December 31 (of the preceding year) and June 30, 
respectively. 
(B) Each report under this paragraph shall include, 
at a minimum, the following: 
(i) A list of the title or subject of each inves-
tigation, inspection, or audit conducted during the 
period covered by such report. 
(ii) A description of significant problems, 
abuses, and deficiencies relating to the administra-
tion of programs and operations of the National In-
telligence Authority identified by the Inspector Gen-
eral during the period covered by such report. 
(iii) A description of the recommendations for 
corrective action made by the Inspector General dur-
ing the period covered by such report with respect 
to significant problems, abuses, or deficiencies iden-
tified in clause (ii). 
(iv) A statement whether or not corrective ac-
tion has been completed on each significant rec-
ommendation described in previous semiannual re-
ports, and, in a case where corrective action has 
been completed, a description of such corrective ac-
tion.
(v) An assessment of the effectiveness of all 
measures in place in the Authority for the protection 
of civil liberties and privacy of United States per-
sons. 
(vi) A certification whether or not the Inspector 
General has had full and direct access to all infor-
mation relevant to the performance of the functions 
of the Inspector General. 
(vii) A description of the exercise of the sub-
poena authority under subsection (f)(5) by the In-
spector General during the period covered by such 
report.
(viii) Such recommendations as the Inspector 
General considers appropriate for legislation to pro-
mote economy and efficiency in the administration of 
programs and operations undertaken by the Author-
ity, and to detect and eliminate fraud and abuse in 
such programs and operations. 
(C) Not later than the 30 days after the date of re-
ceipt of a report under subparagraph (A), the Director 
shall transmit the report to the congressional intelligence 
committees together with any comments the Director con-
siders appropriate. 
(2)(A) The Inspector General shall report imme-
diately to the Director whenever the Inspector General be-
comes aware of particularly serious or flagrant problems, 
abuses, or deficiencies relating to the administration of 
programs or operations of the Authority, a relationship be-
tween the elements of the intelligence community within 
the National Intelligence Program, or a relationship be-
tween an element of the intelligence community within the 
National Intelligence Program and another element of the 
intelligence community. 
(B) The Director shall transmit to the congressional 
intelligence committees each report under subparagraph 
(A) within seven calendar days of receipt of such report, 
together with such comments as the Director considers ap-
propriate. 
(3) In the event that—
(A) the Inspector General is unable to resolve 
any differences with the Director affecting the exe-
cution of the duties or responsibilities of the Inspec-
tor General; 
(B) an investigation, inspection, or audit car-
ried out by the Inspector General should focus on 
any current or former Authority official who holds 
or held a position in the Authority that is subject to 
appointment by the President, by and with the ad-
vice and consent of the Senate, including such a po-
sition held on an acting basis;
(F) An action taken by the Director or the Inspector 
General under this paragraph shall not be subject to judi-
cial review. 
(G) In this paragraph, the term ‘‘urgent concern’’ 
means any of the following: 
(i) A serious or flagrant problem, abuse, viola-
tion of law or Executive order, or deficiency relating 
to the funding, administration, or operations of an 
intelligence activity involving classified information,
but does not include differences of opinions con-
cerning public policy matters. 
(ii) A false statement to Congress, or a willful 
withholding from Congress, on an issue of material 
fact relating to the funding, administration, or oper-
ation of an intelligence activity. 
(iii) An action, including a personnel action de-
scribed in section 2302(a)(2)(A) of title 5, United 
States Code, constituting reprisal or threat of re-
prisal prohibited under subsection (f)(3)(B) of this 
section in response to an employee’s reporting an ur-
gent concern in accordance with this paragraph. 
(H) In support of this paragraph, Congress makes 
the findings set forth in paragraphs (1) through (6) of 
section 701(b) of the Intelligence Community Whistle-
blower Protection Act of 1998 (title VII of Public Law 
105–272; 5 U.S.C. App. 8H note). 
(6) In accordance with section 535 of title 28, United 
States Code, the Inspector General shall report to the At-
torney General any information, allegation, or complaint 
received by the Inspector General relating to violations of 
Federal criminal law that involve a program or operation 
of the Authority, consistent with such guidelines as may 
be issued by the Attorney General pursuant to subsection 
(b)(2) of such section. A copy of each such report shall 
be furnished to the Director. 
(i) SEPARATE BUDGET ACCOUNT.—The National In-
telligence Director shall, in accordance with procedures to 
be issued by the Director in consultation with the congres-
sional intelligence committees, include in the National In-
telligence Program budget a separate account for the Of-
fice of Inspector General of the National Intelligence Au-
thority. 
SEC. 142. OMBUDSMAN OF THE NATIONAL INTELLIGENCE 
AUTHORITY. 
(a) OMBUDSMAN OF NATIONAL INTELLIGENCE AU-
THORITY.—There is within the National Intelligence Au-
thority an Ombudsman of the National Intelligence Au-
thority who shall be appointed by the National Intelligence 
Director.
(b) DUTIES.—The Ombudsman of the National Intel-
ligence Authority shall—
(1) counsel, arbitrate, or offer recommendations 
on, and have the authority to initiate inquiries into, 
real or perceived problems of politicization, biased 
reporting, or lack of objective analysis within the 
National Intelligence Authority, or any element of 
the intelligence community within the National Intel-
ligence Program, or regarding any analysis of na-
tional intelligence by any element of the intelligence 
community; 
(2) monitor the effectiveness of measures taken 
to deal with real or perceived politicization, biased 
reporting, or lack of objective analysis within the 
Authority, or any element of the intelligence commu-
nity within the National Intelligence Program, or re-
garding any analysis of national intelligence by any 
element of the intelligence community; and 
(3) conduct reviews of the analytic product or 
products of the Authority, or any element of the in-
telligence community within the National Intel-
ligence Program, or of any analysis of national intel-
ligence by any element of the intelligence commu-
nity, with such reviews to be conducted so as to en-
sure that analysis is timely, objective, independent of
political considerations, and based upon all sources 
available to the intelligence community. 
(c) ANALYTIC REVIEW UNIT.—(1) There is within 
the Office of the Ombudsman of the National Intelligence 
Authority an Analytic Review Unit. 
(2) The Analytic Review Unit shall assist the Om-
budsman of the National Intelligence Authority in per-
forming the duties and responsibilities of the Ombudsman 
set forth in subsection (b)(3). 
(3) The Ombudsman shall provide the Analytic Re-
view Unit a staff who possess expertise in intelligence 
analysis that is appropriate for the function of the Unit. 
(4) In assisting the Ombudsman, the Analytic Review 
Unit shall, subject to the direction and control of the Om-
budsman, conduct detailed evaluations of intelligence anal-
ysis by the following: 
(A) The National Intelligence Council. 
(B) The elements of the intelligence community 
within the National Intelligence Program. 
(C) To the extent involving the analysis of na-
tional intelligence, other elements of the intelligence 
community. 
(D) The divisions, offices, programs, officers, 
and employees of the elements specified in subpara-
graphs (B) and (C).
(5) The results of the evaluations under paragraph 
(4) shall be provided to the congressional intelligence com-
mittees and, upon request, to appropriate heads of other 
departments, agencies, and elements of the executive 
branch. 
(d) ACCESS TO INFORMATION.—In order to carry out 
the duties specified in subsection (c), the Ombudsman of 
the National Intelligence Authority shall, unless otherwise 
directed by the President, have access to all analytic prod-
ucts, field reports, and raw intelligence of any element of 
the intelligence community, and to any reports or other 
material of an Inspector General, that might be pertinent 
to a matter under consideration by the Ombudsman. 
(e) ANNUAL REPORTS.—The Ombudsman of the Na-
tional Intelligence Authority shall submit to the National 
Intelligence Director and the congressional intelligence 
committees on an annual basis a report that includes—
(1) the assessment of the Ombudsman of the 
current level of politicization, biased reporting, or 
lack of objective analysis within the National Intel-
ligence Authority, or any element of the intelligence 
community within the National Intelligence Pro-
gram, or regarding any analysis of national intel-
ligence by any element of the intelligence commu-
nity;
(2) such recommendations for remedial meas-
ures as the Ombudsman considers appropriate; and 
(3) an assessment of the effectiveness of reme-
dial measures previously taken within the intel-
ligence community on matters addressed by the Om-
budsman. 
(f) REFERRAL OF CERTAIN MATTERS FOR INVES-
TIGATION.—In addition to carrying out activities under 
this section, the Ombudsman of the National Intelligence
Authority may refer serious cases of misconduct related 
to politicization of intelligence information, biased report-
ing, or lack of objective analysis within the intelligence 
community to the Inspector General of the National Intel-
ligence Authority for investigation. 
SEC. 143. NATIONAL COUNTERTERRORISM CENTER. 
(a) NATIONAL
COUNTERTERRORISM
CENTER.—
There is within the National Intelligence Authority a Na-
tional Counterterrorism Center. 
(b) DIRECTOR OF NATIONAL COUNTERTERRORISM 
CENTER.—(1) There is a Director of the National 
Counterterrorism Center, who shall be the head of the Na-
tional Counterterrorism Center, and who shall be ap-
pointed by the President, by and with the advice and con-
sent of the Senate.