Intelligence Transformation Act of 2004

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4104 Introduced in House (IH)]

108th CONGRESS
2d Session
H. R. 4104

To establish the Director of National Intelligence as head of the
intelligence community, to modify and enhance authorities and
responsibilities relating to the administration of intelligence and the
intelligence community, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

April 1, 2004

Ms. Harman (for herself, Mr. Hastings of Florida, Mr. Reyes, Mr.
Boswell, Mr. Peterson of Minnesota, Mr. Cramer, Ms. Eshoo, Mr. Holt,
and Mr. Ruppersberger) introduced the following bill; which was
referred to the Select Committee on Intelligence (Permanent Select)

_______________________________________________________________________

A BILL

To establish the Director of National Intelligence as head of the
intelligence community, to modify and enhance authorities and
responsibilities relating to the administration of intelligence and the
intelligence community, and for other purposes.

Be it enacted by the Senate and House of Representatives 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 ``Intelligence
Transformation Act of 2004''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--REORGANIZATION OF THE INTELLIGENCE COMMUNITY

Sec. 101. Reorganization and improvement of management of intelligence
community.
Sec. 102. Establishment of the Joint Tasking Organization in the Office
of the Director of National Intelligence.
Sec. 103. Establishment of the Weapons of Mass Destruction
Proliferation Threat Integration Center.
Sec. 104. Establishment of the Joint Intelligence Comptroller.
TITLE II--PROVISIONS RELATING TO ACCESS TO AND COLLECTION, ANALYSIS,
AND DISSEMINATION OF INTELLIGENCE

Sec. 201. Procedures for use of terrorism databases.
Sec. 202. All-source analysis training.
Sec. 203. Establishment of integrated intelligence network.
TITLE III--IMPROVEMENT OF ACQUISITION PROGRAMS

Sec. 301. Improvement of major intelligence acquisition programs.
TITLE IV--PROVISIONS RELATING TO PERSONNEL MATTERS

Sec. 401. Authority of the Director of National Intelligence with
respect to personnel.
Sec. 402. Intelligence community position management.
Sec. 403. Ten-year term of service for the Director of the Central
Intelligence Agency.
Sec. 404. Modification of the role of the Director of National
Intelligence in recommendations to the
President with respect to directors of
certain elements of the intelligence
community.
Sec. 405. Modification of appointment requirements for the General
Counsel of the Central Intelligence Agency.
TITLE V--MISCELLANEOUS PROVISIONS

Sec. 501. Executive Schedule matters.
Sec. 502. Conforming and clerical amendments.

TITLE I--REORGANIZATION OF THE INTELLIGENCE COMMUNITY

SEC. 101. REORGANIZATION AND IMPROVEMENT OF MANAGEMENT OF INTELLIGENCE
COMMUNITY.

(a) In General.--Title I of the National Security Act of 1947 (50
U.S.C. 402 et seq.) is amended by striking sections 102 through 104 and
inserting the following new sections:

``office of the director of national intelligence

``Sec. 102. (a) Office of Director of National Intelligence.--(1)
There is an Office of the Director of National Intelligence. The
function of the Office is to assist the Director of National
Intelligence in carrying out the duties and responsibilities of the
Director under this Act and to carry out such other duties as may be
prescribed by law.
``(2) The Office of the Director of National Intelligence is
composed of the following:
``(A) The Director of National Intelligence.
``(B) The Deputy Director of National Intelligence.
``(C) The Deputy Director of National Intelligence for
Operations.
``(D) The Deputy Director of National Intelligence for
Resources.
``(E) The National Intelligence Council.
``(F) The General Counsel to the Director of National
Intelligence.
``(G) The Inspector General of the Intelligence Community.
``(H) The Senior Advisor to the Director of National
Intelligence for Homeland Security.
``(I) Such other offices and officials as may be
established by law or the Director of National Intelligence may
establish or designate in the Office.
``(3) To assist the Director in fulfilling the responsibilities of
the Director as head of the intelligence community, subject to
subparagraph (B) the Director shall employ and utilize in the Office of
the Director of National Intelligence a professional staff having an
expertise in matters relating to such responsibilities, and may
establish permanent positions and appropriate rates of pay with respect
to that staff.
``(b) Director of National Intelligence.--(1) There is a Director
of National Intelligence who shall be appointed by the President, by
and with the advice and consent of the Senate.
``(2) Any individual nominated for appointment as Director of
National Intelligence shall have extensive national security expertise.
``(3) The Director of National Intelligence shall--
``(A) serve as head of the United States intelligence
community; and
``(B) act as the principal adviser to the President for
intelligence matters related to the national security.
``(c) Deputy Director of National Intelligence.--(1) There is a
Deputy Director of National Intelligence who shall be appointed by the
President, by and with the advice and consent of the Senate. The Deputy
Director of National Intelligence shall also serve as Under Secretary
of Defense for Intelligence.
``(2) Any individual nominated for appointment as Deputy Director
of National Intelligence shall have extensive national security
expertise.
``(3) The Deputy Director of National Intelligence shall assist the
Director of National Intelligence in carrying out the Director's
responsibilities under this Act.
``(4) The Deputy Director of National Intelligence shall act for,
and exercise the powers of, the Director of National Intelligence
during the Director's absence or disability or during a vacancy in the
position of the Director of National Intelligence.
``(5) The Deputy Director of National Intelligence takes precedence
in the Office of the Director of National Intelligence immediately
after the Director of National Intelligence.
``(d) Deputy Director of National Intelligence for Operations.--(1)
There is a Deputy Director of National Intelligence for Operations who
shall be appointed by the President, by and with the advice and consent
of the Senate.
``(2) Any individual nominated for appointment as Deputy Director
of National Intelligence for Operations shall have extensive national
security expertise.
``(3) The Deputy Director of National Intelligence for Operations
shall, subject to the direction of the Director of National
Intelligence, be responsible for the following:
``(A) Directing the efficient and effective tasking of
national intelligence collection using technical means and
human sources.
``(B) Establishing standards and priorities relating to the
analysis and production of intelligence by the elements of the
intelligence community.
``(C) Directing the tasking of analysis and production of
intelligence by the elements of the intelligence community.
``(D) Directing competitive analysis of analytical products
having national importance.
``(E) Identifying intelligence requirements.
``(4) In carrying out the responsibility for tasking under
paragraph (3), the Deputy Director of National Intelligence for
Operations shall--
``(A) establish priorities and requirements for daily
tasking of collection, analysis, and dissemination of
information;
``(B) conduct daily tasking of collection, analysis, and
dissemination of information;
``(C) provide advisory guidance on tasking of collection,
analysis, and dissemination of information to elements of those
agencies and departments of the United States that collect
intelligence that are not included within the National Foreign
Intelligence Program;
``(D) establish procedures and mechanisms to provide for
real-time automated tasking across multiple intelligence
disciplines, such as signals intelligence, measurement and
signature intelligence, human intelligence, imagery
intelligence, and electronic intelligence; and
``(E) assess the performance of elements of the
intelligence community with respect to tasking requests and
priorities.
``(5) The Deputy Director of National Intelligence for Operations
takes precedence in the Office of the Director of National Intelligence
immediately after the Deputy Director of National Intelligence.
``(e) Deputy Director of National Intelligence for Resources.--(1)
There is a Deputy Director of National Intelligence for Resources who
shall be appointed by the President, by and with the advice and consent
of the Senate.
``(2) Any individual nominated for appointment as Deputy Director
of National Intelligence for Resources shall have extensive national
security expertise.
``(3) The Deputy Director of National Intelligence for Resources
shall, subject to the direction of the Director of National
Intelligence, be responsible for the following:
``(A) Assisting the Director of National Intelligence in
developing budgets, evaluating programs, and exercising
authority under subsections (c) and (d) of section 103A with
respect to reprogramming and transfer of funds and personnel,
respectively.
``(B)(i) Collecting data and preparing separate quarterly
reports on the obligation and expenditures of funds from those
elements of the intelligence community under the National
Foreign Intelligence Program that are--
``(I) not part of the Department of Defense, and
``(II) part of the Department of Defense.
``(ii) Analyzing reports prepared under clause (i).
``(4) The Deputy Director of National Intelligence for Resources
takes precedence in the Office of the Director of National Intelligence
immediately after the Deputy Director of National Intelligence for
Operations.
``(f) Senior Advisor to the Director of National Intelligence for
Homeland Security.--(1) There is a Senior Advisor to the Director of
National Intelligence for Homeland Security who shall be appointed by
the Director of National Intelligence.
``(2) The Senior Advisor to the Director of National Intelligence
for Homeland Security shall assist the Director of National
Intelligence in assuring that the intelligence needs for homeland
security are identified and met.
``(g) Military Status of Director and Deputy Directors.--(1) Not
more than one of the individuals serving in the positions specified in
paragraph (2) may be a commissioned officer of the Armed Forces,
whether in active or retired status.
``(2) The positions referred to in this paragraph are the
following:
``(A) The Director of National Intelligence.
``(B) The Deputy Director of National Intelligence.
``(C) The Deputy Director of National Intelligence for
Operations.
``(3) It is the sense of Congress that, under ordinary
circumstances, it is desirable that one of the individuals serving in
the positions specified in paragraph (2)--
``(A) be a commissioned officer of the Armed Forces,
whether in active or retired status; or
``(B) have, by training or experience, an appreciation of
military intelligence activities and requirements.
``(4) A commissioned officer of the Armed Forces, while serving in
a position specified in paragraph (2)--
``(A) shall not be subject to supervision or control by the
Secretary of Defense or by any officer or employee of the
Department of Defense;
``(B) shall not exercise, by reason of the officer's status
as a commissioned officer, any supervision or control with
respect to any of the military or civilian personnel of the
Department of Defense except as otherwise authorized by law;
and
``(C) shall not be counted against the numbers and
percentages of commissioned officers of the rank and grade of
such officer authorized for the military department of that
officer.
``(5) Except as provided in subparagraph (A) or (B) of paragraph
(4), the appointment of an officer of the Armed Forces to a position
specified in paragraph (2) shall not affect the status, position, rank,
or grade of such officer in the Armed Forces, or any emolument,
perquisite, right, privilege, or benefit incident to or arising out of
such status, position, rank, or grade.
``(6) A commissioned officer of the Armed Forces on active duty who
is appointed to a position specified in paragraph (2), while serving in
such position and while remaining on active duty, shall continue to
receive military pay and allowances and shall not receive the pay
prescribed for such position. Funds from which such pay and allowances
are paid shall be reimbursed from funds available to the Director of
National Intelligence.
``(h) National Intelligence Council.--(1) There is a National
Intelligence Council.
``(2)(A) Subject to subparagraph (C), the 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,
report to, and serve at the pleasure of the Director of National
Intelligence.
``(B) The Director shall prescribe appropriate security
requirements for personnel appointed from the private sector as a
condition of service on the Council, or as contractors of the Council
or employees of such contractors, to ensure the protection of
intelligence sources and methods while avoiding, wherever possible,
unduly intrusive requirements which the Director considers to be
unnecessary for this purpose.
``(3) The Council shall--
``(A) consistent with paragraph (9), produce national
intelligence estimates for the Government, including
alternative views held by elements of the intelligence
community;
``(B) evaluate community-wide collection, analysis, and
production of intelligence by the intelligence community and
the requirements and resources of such collection, analysis,
and production; and
``(C) otherwise assist the Director in carrying out the
responsibilities described in section 103(a).
``(4) Within their respective areas of expertise and under the
direction of the Director, the members of the Council shall constitute
the senior intelligence advisers of the intelligence community for
purposes of representing the views of the intelligence community within
the Government.
``(5) Subject to the direction and control of the Director, the
Council may carry out its responsibilities under this subsection by
contract, including contracts for substantive experts necessary to
assist the Council with particular assessments under this subsection.
``(6) The Director shall make available to the Council such staff
as may be necessary to permit the Council to carry out its
responsibilities under this subsection, and shall take appropriate
measures to ensure that the Council and its staff satisfy the needs of
policymaking officials and other consumers of intelligence.
``(7) The Council shall be readily accessible to policymaking
officials and other appropriate individuals not otherwise associated
with the intelligence community.
``(8) The heads of elements within the intelligence community
shall, as appropriate, furnish such support to the Council, including
the preparation of intelligence analyses, as may be required by the
Director.
``(9)(A) National intelligence estimates produced under paragraph
(3)(A) shall--
``(i) separately state, and distinguish between, the
intelligence underlying the estimate and the assumptions and
judgment of analysts with respect to that intelligence and
estimate;
``(ii) describe the quality and reliability of the
intelligence underlying the estimates;
``(iii) present and explain alternative conclusions with
respect to the intelligence and estimates; and
``(iv) characterize the uncertainties and confidence levels
associated with the estimates.
``(B)(i) There is established within the Council a division to be
known as the `National Intelligence Council Alternative Analysis Unit'
hereinafter in this subparagraph referred to as the `Alternative
Analysis Unit'.
``(ii) The Director of National Intelligence shall appoint the head
of the Alternative Analysis Unit, and shall take such steps as are
necessary to ensure the independence of the Alternative Analysis Unit.
``(iii) The Alternative Analysis Unit shall review each national
intelligence estimate produced by the Council under paragraph (3)(A) to
challenge the accuracy of the data, assumptions, analytic methods, and
judgments of the estimate.
``(iv) Each national intelligence estimate produced by the Council
under paragraph (3)(A) shall include an appendix that contains the
findings and conclusions of the Alternative Analysis Unit with respect
to the estimate based upon such review.
``(C) Before publication and distribution of a national
intelligence estimate, the estimate shall be certified by both the
Director of National Intelligence and the Chairman of the Council as
approved for publication and distribution.
``(i) General Counsel to the Director of National Intelligence.--
(1) There is a General Counsel to the Director of National Intelligence
who shall be appointed from civilian life by the President, by and with
the advice and consent of the Senate.
``(2) The individual serving in the position of General Counsel to
the Director of National Intelligence may not, while so serving, also
serve as the General Counsel of any other agency or department of the
United States.
``(3) The General Counsel to the Director of National Intelligence
is the chief legal officer for the Director of National Intelligence.
``(4) The General Counsel to the Director of National Intelligence
shall perform such functions as the Director of National Intelligence
may prescribe.
``(j) Inspector General of the Intelligence Community.--(1) There
shall be an Inspector General of the Intelligence Community who is
appointed as provided in section 3 of the Inspector General Act of 1978
(5 U.S.C. App. 3).
``(2) The Inspector General of the Intelligence Community shall
report to and be under the general supervision of the Director of
National Intelligence.
``(3)(A) The Inspector General of the Intelligence Community shall,
with respect to the Office of the Director of National Intelligence,
perform such duties, have such responsibilities, and exercise such
powers specified in the Inspector General Act of 1978 as the Director
of National Intelligence shall prescribe.
``(B) The Inspector General of the Intelligence Community shall
coordinate the duties and activities of the Inspectors General of the
elements of the intelligence community.
``(4) Each inspector general of an element of the intelligence
community shall cooperate fully with the Inspector General of the
Intelligence Community in the performance of any duty or function by
the Inspector General of the Intelligence Community under this
subsection regarding such element.
``(5) The performance by the Inspector General of the Intelligence
Community of any duty or function regarding an element of the
intelligence community may not be construed to modify or affect the
responsibility of any other inspector general having responsibilities
regarding the element of the intelligence community.
``(6) The individual serving in the position of Inspector General
of the Intelligence Community may not, while so serving, also serve as
the Inspector General of any individual agency of the intelligence
community.
``(7) The Inspector General of each agency of the intelligence
community shall cooperate fully with the Inspector General of the
Intelligence Community in connection with the performance of any duty
or function by the Inspector General of the Intelligence Community
under the Inspector General Act of 1978 (5 U.S.C. App. 3) regarding the
agency.

``responsibilities of director of national intelligence

``Sec. 103. (a) Provision of Intelligence.--(1) Under the direction
of the National Security Council, the Director of National Intelligence
shall be responsible for providing national intelligence--
``(A) to the President;
``(B) to the heads of departments and agencies of the
executive branch;
``(C) to the Chairman of the Joint Chiefs of Staff and
senior military commanders; and
``(D) where appropriate, to the Senate and House of
Representatives and the committees thereof.
``(2) Such national intelligence should be timely, objective,
independent of political considerations, and based upon all sources
available to the intelligence community.
``(b) Responsibilities of the Director of National Intelligence.--
The Director of National Intelligence shall--
``(1) develop an annual budget for intelligence and
intelligence-related activities of the United States by--
``(A) developing and presenting to the President an
annual budget for the National Foreign Intelligence
Program; and
``(B) participating in the development by the
Secretary of Defense of the annual budgets for the
Joint Military Intelligence Program and the Tactical
Intelligence and Related Activities Program;
``(2) consistent with subsection (e), direct the tasking of
collection, analysis, and dissemination of national
intelligence by elements of the intelligence community,
including the establishment of requirements and priorities of
such tasking;
``(3) approve collection and analysis requirements,
determine collection and analysis priorities, and resolve
conflicts in collection and analysis priorities levied on
national collection and analysis assets, except as otherwise
agreed with the Secretary of Defense pursuant to the direction
of the President;
``(4) promote and evaluate the utility of national
intelligence to consumers within the Government;
``(5) eliminate waste and unnecessary duplication within
the intelligence community;
``(6) establish requirements and priorities for foreign
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 derived from electronic surveillance or physical
searches under that Act is disseminated so it may be used
efficiently and effectively for foreign intelligence purposes, except
that the Director shall have no authority to direct, manage, or
undertake electronic surveillance or physical search operations
pursuant to that Act unless otherwise authorized by statute or
Executive order;
``(7) establish the requirements and procedures for the
classification of information;
``(8) establish the requirements and procedures for the
dissemination of classified information by elements of the
intelligence community;
``(9) establish intelligence reporting guidelines that
maximize dissemination of information while protecting
intelligence sources and methods;
``(10) oversee and ensure compliance by each elements of
the intelligence community with the statutes and Executive
orders of the United States, including laws related to the
protection of privacy of United States persons;
``(11) protect intelligence sources and methods from
unauthorized disclosure as provided in subsection (c);
``(12) consistent with the requirement to protect sources
and methods from unauthorized disclosure, ensure that such
intelligence is portrayed accurately to the public; and
``(13) perform such other functions as the President or the
National Security Council may direct.
``(c) Protection of Intelligence Sources and Methods.--(1) In order
to protect intelligence sources and methods from unauthorized
disclosure and, consistent with that protection, to maximize the
dissemination of intelligence, the Director of National Intelligence
shall establish and implement guidelines for the following purposes:
``(A) The classification of information.
``(B) Access to and dissemination of intelligence, both in
final form and in the form when initially gathered.
``(C) The preparation of intelligence reports to ensure
that, to the maximum extent practicable, information contained
in such reports is also available in unclassified form.
``(2) The Director may only delegate a duty or authority given the
Director under this subsection to the Deputy Director of National
Intelligence.
``(d) Uniform Procedures for Sensitive Compartmented Information.--
The President, acting through the Director of National Intelligence,
shall--
``(1) establish uniform standards and procedures for the
grant of access to sensitive compartmented information to any
officer or employee of any agency or department of the United
States and to employees of contractors of those agencies or
departments;
``(2) ensure the consistent implementation of those
standards and procedures throughout such agencies and
departments;
``(3) ensure that security clearances granted by individual
elements of the intelligence community are recognized by all
elements of the intelligence community, and under contracts
entered into by those agencies; and
``(4) with respect to applications for a security clearance
for access to sensitive compartmented information, assure that
a decision on the application is made by not later than 90 days
after the date on which the completed application is received
by the appropriate official of the office in which such
decisions are made.
``(e) Consultation With Department Secretaries in Direction of
Executive Department Tasking.--In carrying out the responsibility under
subsection (b)(2), relating to the direction of tasking of collection,
analysis, and dissemination of national intelligence, for elements of
the intelligence community that are part of an Executive department,
the Director of National Intelligence shall be consult with the head of
the Executive department to--
``(1) ensure that the analytic needs of the department are
met;
``(2) maintain competitive analysis; and
``(3) ensure that differences in judgment are fully
considered within the intelligence community and brought to the
attention of the policymakers.

``authorities of director of national intelligence

``Sec. 103A. (a) Access to Intelligence.--To the extent recommended
by the National Security Council and approved by the President, the
Director of National Intelligence shall have access to all intelligence
related to the national security which is collected by any department,
agency, or other entity of the United States.
``(b) Approval of Budgets.--The Director of National Intelligence
shall supervise the elements of the intelligence community in the
preparation of their annual budgets, and shall approve such budgets
before their incorporation in the National Foreign Intelligence
Program.
``(c) Reprogramming.--(1) No funds made available under the
National Foreign Intelligence Program may be reprogrammed by any
element of the intelligence community without the prior approval of the
Director of National Intelligence except in accordance with procedures
issued by the Director of National Intelligence, including any revision
of the guidelines issued in April 2003, by the Director of Central
Intelligence.
``(2) The Secretary of Defense shall consult with the Director
before reprogramming funds made available under the Joint Military
Intelligence Program.
``(d) Transfer of Funds or Personnel Within National Foreign
Intelligence Program.--(1)(A) In addition to any other authorities
available under law for such purposes, the Director of National
Intelligence may, with the approval of the Director of the Office of
Management and Budget, transfer funds appropriated for a program within
the National Foreign Intelligence Program to another such program and,
in accordance with procedures to be developed by the Director, may
transfer personnel authorized for an element of the intelligence
community to another such element for periods up to a year.
``(B) The Director may only delegate a duty or authority given the
Director under this subsection to the Deputy Director of National
Intelligence.
``(2) A transfer of funds or personnel may be made under this
subsection only if--
``(A) the funds or personnel are being transferred to an
activity that is a higher priority intelligence activity;
``(B) the need for funds or personnel for such activity is
based on unforeseen requirements; and
``(C) the transfer does not involve a transfer of funds to
the Reserve for Contingencies of the Central Intelligence
Agency.
``(3) With respect to a transfer of funds or personnel under this
subsection, insofar as the Secretary or head of the department which
contains the affected element or elements of the intelligence community
objects to such a transfer, the objection may only be made as follows:
``(A) The Secretary or head of the department which
contains the affected element or elements of the intelligence
community shall submit an objection to the transfer directly to
the President.
``(B)(i) Except as provided in clause (ii), the authority
to object to a transfer under this paragraph may not be
delegated by the Secretary or head of the department involved.
``(ii) With respect to the Department of Defense, the
authority to object to such a transfer may be delegated by the
Secretary of Defense, but only to the Deputy Secretary of
Defense.
``(C) The President shall not consider an objection to a
transfer under this paragraph unless the objection is submitted
to the President in writing.
``(4) Funds transferred under this subsection shall remain
available for the same period as the appropriations account to which
transferred.
``(5)(A) Any transfer of funds under this subsection shall be
carried out in accordance with existing procedures applicable to
reprogramming notifications for the appropriate congressional
committees.
``(B) Any proposed transfer for which notice is given to the
appropriate congressional committees shall be accompanied by a report
explaining the nature of the proposed transfer and how it satisfies the
requirements of this subsection. In addition, the Select Committee on
Intelligence of the Senate and the Permanent Select Committee on
Intelligence of the House of Representatives shall be promptly notified
of any transfer of funds made pursuant to this subsection in any case
in which the transfer would not have otherwise required reprogramming
notification under procedures in effect as of October 24, 1992.
``(6) The Director shall promptly submit to the Select Committee on
Intelligence of the Senate and to the Permanent Select Committee on
Intelligence of the House of Representatives and, in the case of the
transfer of personnel to or from the Department of Defense, the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives, a report on any transfer of
personnel made pursuant to this subsection. The Director shall include
in any such report an explanation of the nature of the transfer and how
it satisfies the requirements of this subsection.
``(e) Coordination With Foreign Governments.--Under the direction
of the National Security Council and in a manner consistent with
section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927), the
Director of National Intelligence shall coordinate the relationships
between elements of the intelligence community 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.

``central intelligence agency

``Sec. 104. (a) In General.--There is a Central Intelligence
Agency.
``(b) Function.--The function of the Agency shall be to assist the
Director of the Central Intelligence Agency in carrying out the
responsibilities of the Director under section 104A(d).

``director of the central intelligence agency

``Sec. 104A. (a) Director of Central Intelligence Agency.--There is
a Director of the Central Intelligence Agency who shall be appointed by
the President, by and with the advice and consent of the Senate.
``(b) Head of Central Intelligence Agency.--The Director of the
Central Intelligence Agency shall be the head of the Central
Intelligence Agency.
``(c) Prohibition on Simultaneous Service as Director of National
Intelligence.--The individual serving in the position of Director of
the Central Intelligence Agency shall not, while so serving, also serve
as the Director of National Intelligence.
``(d) General Responsibilities.--As head of the Central
Intelligence Agency, the Director of the Central Intelligence Agency
shall--
``(1) provide capabilities for the collection of
intelligence through human sources and by other appropriate
means and provide for the analysis of such intelligence, except
that the Agency shall have no police, subpoena, or law
enforcement powers or internal security functions;
``(2) correlate, evaluate, and analyze intelligence related
to the national security and provide appropriate dissemination
of such intelligence;
``(3) perform such additional services as are of common
concern to the elements of the intelligence community, which
services the Director of National Intelligence determines can
be more efficiently accomplished centrally; and
``(4) perform such other functions and duties related to
intelligence affecting the national security as the Director of
National Intelligence.''.
(b) General References.--(1) Any reference to the Director of
Central Intelligence 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 Director of National Intelligence.
(2) Any reference to the Director of Central Intelligence in the
Director's capacity as the head of the Central Intelligence 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.
(3) Any reference to the Deputy Director of Central Intelligence in
the Deputy Director's capacity as deputy to 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 Deputy Director of National Intelligence.
(4) Any reference to the Deputy Director of Central Intelligence
for Community Management in any law, regulation, document, paper, or
other record of the United States shall be deemed to be a reference to
the Deputy Director of National Intelligence for Operations.

SEC. 102. ESTABLISHMENT OF THE JOINT TASKING ORGANIZATION IN THE OFFICE
OF THE DIRECTOR OF NATIONAL INTELLIGENCE.

(a) Establishment of Joint Tasking Organization.--Section 102 of
the National Security Act of 1947 (50 U.S.C. 403), as amended by
section 101(a), is further amended by adding at the end the following
new subsection:
``(k) Joint Tasking Organization.--(1) There is a Joint Tasking
Organization within the Office of the Director of National Intelligence
headed by the Deputy Director of National Intelligence for Operations.
``(2) The mission of the Joint Tasking Organization is to assist
the Deputy Director of National Intelligence for Operations in the
tasking of collection, analysis, and dissemination for all elements of
the intelligence community under the National Foreign Intelligence
Program under paragraphs (3) and (4) of section 102(d).
``(3)(A) In order to respond to a high priority intelligence
analysis request, the Deputy Director of National Intelligence for
Operations may assemble a task force composed of personnel from
elements of the intelligence community for such period as the Deputy
Director determines is necessary.
``(B) The head of any element of the intelligence community
employing personnel that the Deputy Director of National Intelligence
for Operations directs to serve on a task force under subparagraph (A)
shall make available that employee to the Deputy Director for such
purpose through detail, assignment, or under other arrangement.
``(4)(A)(i) The Directors of the Central Intelligence Agency, the
National Security Agency, and the National Geospatial-Intelligence
Agency shall recommend to the Director of National Intelligence an
individual to serve as the tasking director for the respective agency
in order to carry out the requirements of paragraph (3)(A).
``(ii) Taking into account recommendations made under clause (i),
the Director of National Intelligence shall appoint individuals to
serve as tasking directors for the agencies referred to in such clause.
``(B) Each such tasking director shall report directly to, and
receive tasking of collection, analysis, and dissemination of
information from Deputy Director of National Intelligence for
Operations.
``(C) The Deputy Director of National Intelligence for Operations
shall conduct performance reviews of tasking directors appointed under
this paragraph.
``(D) The Directors of the Central Intelligence Agency, the
National Security Agency, and the National Geospatial-Intelligence
Agency shall provide for appropriate training and equipment for each
respective agency in the collection, analysis, and dissemination of
human intelligence, signals intelligence, and geospatial
intelligence.''.
(b) Assistant Director of National Intelligence for Defense.--
Subsection (d) of section 102 of the National Security Act of 1947 (50
U.S.C. 403), as amended by section 101(a), is amended by adding at the
end the following new paragraph:
``(6)(A) There is an Assistant Director of National Intelligence
for Defense who shall be a general or flag officer of a combatant
command detailed or assigned to the Office of the Director of National
Intelligence.
``(B) The Assistant Director of National Intelligence for Defense
shall provide for the coordination of intelligence surveillance and
reconnaissance tasking of intelligence elements of the Department of
Defense that are not part of the National Foreign Intelligence Program
with the tasking of collection, analysis, and dissemination of
intelligence under the National Foreign Intelligence Program.
``(C) The Assistant Director of National Intelligence for Defense
shall keep the Deputy Director of National Intelligence for Operations
fully apprised of the intelligence needs of the combatant commands.''

SEC. 103. ESTABLISHMENT OF THE WEAPONS OF MASS DESTRUCTION
PROLIFERATION THREAT INTEGRATION CENTER.

(a) Establishment.--Title I of the National Security Act of 1947
(50 U.S.C. 402 et seq.) is amended by adding at the end the following
new section:

``weapons of mass destruction proliferation threat integration center

``Sec. 119. (a) Establishment of Center.--The Director of National
Intelligence shall establish a center to be known as the `Weapons of
Mass Destruction Proliferation Threat Integration Center'. The Director
shall appoint as head of the Center an individual with significant
expertise in the areas of national security and of weapons of mass
destruction that threaten the national security of the United States.
The Director shall carry out this section through the Deputy Director
of National Intelligence for Operations.
``(b) Mission.--The mission of the Center is to provide integrated
tasking of collection and analysis of national intelligence with
respect to weapons of mass destruction that threaten the national
security of the United States.
``(c) Staff.--(1) The staff of the Center shall be comprised of
employees of the following elements of the intelligence community:
``(A) The Central Intelligence Agency.
``(B) The Defense Intelligence Agency.
``(C) The National Security Agency.
``(D) The Department of Energy.
``(E) The National Geospatial-Intelligence Agency.
``(F) The Federal Bureau of Investigation.
``(G) The Department of State.
``(H) The Department of Homeland Security.
``(I) Such other executive agencies as the Director
determines to be appropriate.
``(2) The heads of the elements of the intelligence community
referred to in paragraph (1) shall assign or detail to the Center such
staff as the Director of National Intelligence determines to be
necessary to carry out the mission of the Center.
``(3) In selecting individuals to comprise the staff of the Center,
the Director of National Intelligence shall assure that individuals
have appropriate expertise, including regional, social, cultural, and
technical subject matter expertise.
``(d) Access to Information.--The Director shall ensure that the
staff of the Center has access to--
``(1) relevant databases maintained by elements of the
intelligence community; and
``(2) information in the possession of elements of the
intelligence community relating to the credibility and
reliability of sources and methods of proliferation of weapons
of mass destruction.''.
(b) Clerical Amendment.--The table of sections for the National
Security Act of 1947 is amended by inserting after the item relating to
section 118 the following new item:

``Sec. 119. Weapons of Mass Destruction Proliferation Threat
Integration Center.''.

SEC. 104. ESTABLISHMENT OF THE JOINT INTELLIGENCE COMPTROLLER.

(a) Establishment Within the Under Secretary of Defense
(Comptroller).--Section 135 of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(f) Joint Intelligence Comptroller.--(1) There is a Joint
Intelligence Comptroller appointed from civilian life jointly by the
Secretary of Defense and the Director of National Intelligence. The
Joint Intelligence Comptroller shall report directly to the Under
Secretary of Defense (Comptroller).
``(2) The Joint Intelligence Comptroller shall carry out the
following duties:
``(A) Assist the Under Secretary of Defense (Comptroller)
in the preparation and execution of the budget of the
Department insofar as it relates to the elements of the
intelligence community under the jurisdiction of the Department
and the Joint Military Intelligence Program and the Tactical
Intelligence and Related Activities Program.
``(B) Assist the Deputy Director of National Intelligence
for Resources in the preparation and execution of the budget of
the intelligence community under the National Foreign
Intelligence Program.
``(C) Provide unfettered access to the Secretary of Defense
and the Director of National Intelligence to financial
information under the National Foreign Intelligence Program
insofar as that information relates to an element of the
intelligence community under the jurisdiction of the
Department.
``(D) Provide information to the Deputy Director of
National Intelligence for Resources required for reports under
section 102(e)(3)(B) of the National Security Act of 1947 with
respect to those elements of the intelligence community under
the National Foreign Intelligence Program that are part of the
Department of Defense.
``(3) The staff of the Joint Intelligence Comptroller shall consist
of personnel of the Department of Defense and of the intelligence
community.''.

TITLE II--PROVISIONS RELATING TO ACCESS TO AND COLLECTION, ANALYSIS,
AND DISSEMINATION OF INTELLIGENCE

SEC. 201. PROCEDURES FOR USE OF DATABASES.

(a) Establishment of Policies and Procedures.--The President,
acting jointly through the Attorney General and the Director of
National Intelligence, shall establish and implement policies and
procedures governing access to, and use of, specified database
information by officers and employees of elements of the intelligence
community and law enforcement personnel of the Federal government.
(b) Training and Compliance.--(1) The Attorney General and the
Director of National Intelligence, shall develop and carry out a
training program for officers and employees of elements of the
intelligence community and law enforcement personnel of the Federal
government on the policies and procedures developed under subsection
(a), and related laws and regulations.
(2) The President, acting jointly through the Attorney General and
the Director of National Intelligence, shall ensure compliance with the
policies and procedures developed under subsection (a) by such
officers, employees and personnel.
(c) Definitions.--In this section:
(1) Specified database information defined.--The term
``specified database information'' means information contained
in databases operated by Federal, State, or local governments,
and by organizations in the private sector, with respect to
United States persons.
(2) United states person.--The term ``United States
person'' has the meaning given that term under section 101(i)
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801(i)).

SEC. 202. ALL-SOURCE ANALYSIS TRAINING.

Section 102 of the National Security Act of 1947 (50 U.S.C. 403),
as amended by sections 101(a) and 102(a), is further amended by adding
at the end the following new subsection:
``(l) All-Source Analysis Training.--(1) The Director of National
Intelligence, acting through the Director of the Central Intelligence
Agency, shall establish all-source analysis training programs for all
analysts in the employ of the intelligence community.
``(2) Such training programs shall be developed for entry level and
advanced analyst positions.
``(3) Such training programs shall--
``(A) be developed using the subject matter expertise of
analysts throughout the intelligence community;
``(B) provide for specialized training for analyst
positions responsible for counter terrorism and counter
proliferation; and
``(C) include training with respect to collection
capabilities and the determination of the reliability of
intelligence sources and methods.
``(4) In this subsection, the term `all-source analysis' means the
analysis of intelligence collected from multiple intelligence sources,
including signals intelligence, measurement and signature intelligence,
human intelligence, imagery intelligence, and electronic
intelligence.''.

SEC. 203. ESTABLISHMENT OF AN INTEGRATED INTELLIGENCE NETWORK.

Section 102 of the National Security Act of 1947 (50 U.S.C. 403),
as amended by sections 101(a), 102(a), and 202, is further amended by
adding at the end the following new subsection:
``(m) Integrated Intelligence Network.--(1) The Director of
National Intelligence and the Secretary of Defense shall develop an
integrated communications network that provides communications
capabilities to all elements of the intelligence community. Such
network shall be designed to provide for access to, and the
transmission of, intelligence to any employee of the intelligence
community, to those agencies and departments of the United States that
the Director determines to be appropriate, to State and local
government officials to the maximum extent possible consistent with the
protection of classified information, and such other persons or
entities as the Director determines to be appropriate.
``(2) The Director of National Intelligence and the Secretary of
Defense shall jointly develop and implement policies and procedures
with respect to network interoperability, connectivity, and security.
``(3) The Director of National Intelligence and the Secretary of
Homeland Security shall jointly develop and implement policies and
procedures to ensure that State and local officials have appropriate
access to the information in the network.
``(4) In order to facilitate collaborative analysis of information,
data mining, and information sharing among governmental departments and
agencies, and access to databases operated or maintained by the
intelligence community, the Director of National Intelligence, the
Secretary of Defense, and the Secretary of Homeland Security shall
jointly establish and implement an all-source information technology
infrastructure that operates on the integrated intelligence
communications network for the intelligence community. The all-source
information technology infrastructure for the intelligence community
shall include the development of--
``(A) intelligence-related meta-data tagging standards for
use by collectors and analysts of intelligence in the
intelligence community;
``(B) security systems and protocols regulating access to
information; and
``(C) analytic tools, and the procurement of such tools.
``(5) The Director of National Intelligence and the Secretary of
Defense shall jointly develop and implement policies and procedures
with respect to access to the integrated intelligence communications
network for the intelligence community.''.

TITLE III--IMPROVEMENT OF ACQUISITION PROGRAMS

SEC. 301. IMPROVEMENT OF MAJOR INTELLIGENCE ACQUISITION PROGRAMS.

(a) Establishment of Joint Acquisition Office.--Title I of the
National Security Act of 1947 (50 U.S.C. 402 et seq.), as amended by
section 103(a), is further amended by adding at the end the following
new section:

``acquisition programs of certain intelligence community agencies

``Sec. 120. (a) Establishment of Joint Acquisition Office.--(1)
There is established a Joint Acquisition Office. The Joint Acquisition
Office shall be headed by a Director jointly appointed by the Director
of National Intelligence and the Secretary of Defense.
``(2) The function of the Joint Acquisition Office shall be to--
``(A) carry out policies and procedures for approval and
oversight of acquisition programs of the specified intelligence
community agencies (as defined in subsection (f)(2)); and
``(B) report, and furnish support, to the Under Secretary
of Defense for Acquisition, Technology, and Logistics with
respect to duties of the Under Secretary related to the
acquisition of defense intelligence programs.
``(3) The Director of National Intelligence and the Secretary of
Defense shall jointly establish the policies and procedures for
approval and oversight of the acquisition programs of each of the
specified intelligence community agencies.
``(b) Establishment of Senior Acquisition Executives.--(1) There is
established within each of the specified intelligence community
agencies a senior acquisition executive for that agency responsible for
the acquisition programs of that agency.
``(2) The senior acquisition executive shall meet such requirements
for qualifications and experience as the Director of National
Intelligence and the Secretary of Defense may jointly establish.
``(3)(A) Each senior acquisition executive established under this
subsection shall perform the same type of functions as senior
acquisition executives perform under chapter 87 of title 10, United
States Code with respect to acquisition programs of the Department of
Defense.
``(B) In order to carry out subparagraph (A), each senior
acquisition executive established under this subsection shall have the
same authority that is vested in senior acquisition executives under
chapter 87 of such title.
``(4) Each senior acquisition executive established under this
subsection shall report to the Director of the Joint Acquisition
Office.
``(c) Applicability of Major Defense Acquisition Program
Authorities.--(1) Notwithstanding section 924 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136), each
project designated as a major intelligence acquisition program under
paragraph (2) shall be managed under the laws, policies, and procedures
that are applicable to major defense acquisition programs (as defined
in section 2430 of title 10, United States Code).
``(2) The Director of the Joint Acquisition Office shall designate
those acquisition projects of specified intelligence community
agencies, including projects under the National Security Agency
Modernization Program, that are to be managed as major intelligence
acquisition programs, including each acquisition program that the
Director of the Joint Acquisition Office estimates will require
aggregate expenditures of more than $100,000,000 (in fiscal year 2004
constant dollars).
``(d) Milestone Decision Authority.--Notwithstanding subsection
(c)(2) of such section 924, the authority to make a decision that a
program is authorized to proceed from one milestone stage into another
(referred to as the milestone decision authority) may only be exercised
by the Director of the Joint Acquisition Office for the following:
``(1) Each major intelligence acquisition program of a
specified intelligence community agency that is to be managed
as a major defense acquisition program, as designated under
subsection (c).
``(2) Each major system under the National Security Agency
Modernization Program.
``(e) Delegation of Acquisition Authority.--Insofar as the Director
of National Intelligence determines it to be necessary to ensure that
acquisition policies and procedures are tailored to the needs of the
intelligence community, the acquisition authority of the Director may
be delegated to the Director of the Joint Acquisition Office and to the
senior acquisition executives established under this section.
``(f) Definitions.--In this section, the term `specified
intelligence community agencies' means the following agencies of the
intelligence community:
``(1) The National Security Agency.
``(2) The National Geospatial-Intelligence Agency.
``(3) The Defense Intelligence Agency.''.
(b) Clerical Amendment.--The table of sections for the National
Security Act of 1947, as amended by section 103(b), is further amended
by inserting after the item relating to section 119 the following new
item:

``Sec. 120. Acquisition programs of certain intelligence community
agencies.''.

TITLE IV--PROVISIONS RELATING TO PERSONNEL MATTERS

SEC. 401. AUTHORITY OF THE DIRECTOR OF NATIONAL INTELLIGENCE WITH
RESPECT TO PERSONNEL.

Section 103A of the National Security Act of 1947, as added by
section 101(a), is amended by adding at the end the following new
subsections:
``(f) Use of Personnel.--The Director of National Intelligence
shall, in coordination with the heads of departments and agencies with
elements in the intelligence community, institute policies and programs
within the intelligence community--
``(1) to provide for the rotation of personnel between the
elements of the intelligence community, and to make such
rotated service a requirement for promotion to senior
positions;
``(2) to consolidate a personnel security system for all
staff of the intelligence community, including staff of
contractors of the intelligence community; and
``(3) to consolidate, wherever possible, personnel,
administrative, and non-personnel security programs to reduce
the overall costs of these activities within the intelligence
community.
``(g) Standards and Qualifications for Performance of Intelligence
Activities.--The Director of National Intelligence shall, in
consultation with the heads of effected agencies, develop standards and
qualifications for persons engaged in the performance of intelligence
activities within the intelligence community.
``(h) Ensuring Diversity of Personnel Within the Intelligence
Community.--The Director of National Intelligence shall ensure that the
composition of the intelligence community is sufficiently diverse to
gather and analyze information by recruiting and training women,
minorities, and individuals with diverse ethnic and cultural
backgrounds and foreign language proficiency through programs provided
for under law and through such other means as the Director determines
appropriate.''.

SEC. 402. INTELLIGENCE COMMUNITY POSITION MANAGEMENT.

(a) In General.--The National Security Act of 1947 (50 U.S.C. 401
et seq.) is amended--
(1) by redesignating title XI and sections 1101 and 1102 as
title XII and sections 1201 and 1202, respectively; and
(2) by inserting after title X the following new title:

``TITLE XI--INTELLIGENCE COMMUNITY POSITION MANAGEMENT

``management policies for intelligence community specialists

``Sec. 1101. (a) Establishment.--(1) The Director of National
Intelligence shall establish policies, procedures, and practices for
the effective management of personnel of the intelligence community
that are specially trained in, and oriented toward, intelligence
community-wide matters.
``(2) Personnel referred to in paragraph (1) shall be identified or
designated (in addition to their intelligence occupational specialty)
in such manner as Director of National Intelligence directs.
``(3) For purposes of this title, personnel to be managed by such
policies, procedures, and practices are referred to being, or having
been nominated to be, `intelligence community specialists'.
``(b) Positions.--The Director of National Intelligence shall
establish intelligence community specialist positions within the
intelligence community.
``(c) Numbers and Selection.--(1) The number of intelligence
community specialists shall be determined by the Director of National
Intelligence.
``(2) The heads of the elements of the intelligence community shall
nominate from among qualified individuals (described in paragraph (3))
to be selected as intelligence community specialists.
``(3) A qualified individual referred to in paragraph (2) shall--
``(A) meet qualifications prescribed by the Director of
National Intelligence; and
``(B) be serving in a position at the grade level of GS-13
or higher under the General Schedule under chapter 53 of title
5, United States Code, or an equivalent position.
``(4) The Director of National Intelligence shall ensure that not
less than one third of the intelligence community specialists positions
are filled by individuals who are, or who are nominated to be,
intelligence community specialists.
``(d) Education and Experience Requirements.--(1) An individual
nominated to be an intelligence community specialist under subsection
(c)(2) may not be selected as an intelligence community specialist
until the individual--
``(A) successfully completes a qualified intelligence
community training program (defined in paragraph (2)); and
``(B) after completing a qualified intelligence community
training program, successfully completes a full detail or
assignment in an element of the intelligence community outside
the individual's parent element.
``(2) For purposes of paragraph (1), a the term `qualified
intelligence community training program' means a training program that
familiarizes an individual in the intelligence community with the
organization and capabilities of the intelligence community, and the
policies, laws, and regulations governing intelligence community
activities.
``(e) Career Guidelines.--The Director of National Intelligence
shall establish career guidelines for intelligence community
specialists. Such guidelines shall include guidelines for--
``(1) selection;
``(2) training and education;
``(3) assignments; and
``(4) such other matters as the Director considers
appropriate.

``promotion policy objectives for intelligence community specialists

``Sec. 1102. The Director of National Intelligence shall ensure
that individuals who are serving, or who have served--
``(1) in a position designated for intelligence community
specialists, are expected as a group to be promoted at a rate
that is not less than the rate applicable to individuals
employed in elements of the intelligence community in the same pay
grade and competitive category;
``(2) in an assignment in the intelligence community (other
than in a position referred to in paragraph (1)) in an element
that is not the home element of the individuals, are expected
as a group to be promoted at a rate that is not less than the
rate applicable to individuals employed in elements of the
intelligence community in the same pay grade and competitive
category.

``requirements for service in multiple elements of the intelligence
community for appointment to senior positions in the intelligence
community

``Sec. 1103. (a) Appointment to Senior Intelligence Management
Positions.--For purposes of chapter 31 of title 5, United States Code,
except as provided in subsection (c), no individual may be appointed to
a position that the Director of National Intelligence designates as a
senior intelligence management position unless the individual has
successfully completed a detail or assignment in more than two
positions in elements of the intelligence community outside the home
element of the individual, with each such detail or assignment being
not less than two years in length.
``(b) Appointment to Senior Executive Service or Equivalent Senior
Service.--(1) For purposes of chapter 31 of title 5, United States
Code, and except as provided in subsections (a) and paragraph (2), no
individual may be appointed to a position in Senior Executive Service,
the Senior Intelligence Service, or any equivalent position, in the
intelligence community unless the individual has successfully completed
a detail or assignment in more than one position in an element of the
intelligence community outside the home element of the individual, with
each such detail or assignment being not less than two years in length.
``(2) For purposes of such chapter 31, and except as provided in
subsection (c), no individual may be appointed to a position that the
Director of National Intelligence designates as a senior intelligence
acquisition position unless the individual has successfully completed a
detail or assignment in one position in an element of the intelligence
community outside the home element of the individual, with such detail
or assignment being not less than two years in length.
``(c) Exemption Authority.--(1) The Director of National
Intelligence may waive the prohibition on appointment of an individual
to a position under subsection (a) or (b)(2) on a case by case basis if
the Director determines that such a waiver is appropriate based on the
individual's expertise, experience, or both.
``(2) The Director shall promptly give notice in writing to the
congressional intelligence committees in the case of each waiver
granted under paragraph (1). The notice shall include an explanation
for the need for the waiver.

``review of promotion lists by the director of national intelligence

``Sec. 1104. (a) Review of Promotion Board Recommendation.--The
Director of National Intelligence shall review the recommendations of
promotion boards for individuals who served in an intelligence
community specialist position. The review shall be conducted to
determine whether the promotion board appropriately considered the
performance of the individual in such position in determining whether
to recommend the promotion of that individual.
``(b) Comments on Recommendations.--The Director shall provide
comments to the head of the element of the intelligence community
involved on the recommendations of the promotion board with respect to
the individual.
``(c) Subsequent Review.--Insofar as the Director of National
Intelligence determines that a promotion board failed to give
appropriate consideration to the performance in an intelligence
community specialist position of the individual involved, the head of
the element of the intelligence community involved shall--
``(1) return such recommendations to the promotion board
and include the comments of the Director;
``(2) convene a special promotion board; or
``(3) take such other appropriate action as the head
determines would address the concerns of the Director.''.
(b) Clerical Amendments.--The table of sections for the National
Security Act of 1947 is amended by striking the items relating to title
XI and sections 1101 and 1102 and inserting the following new items:

``TITLE XI--INTELLIGENCE COMMUNITY POSITION MANAGEMENT

``Sec. 1101. Management policies for intelligence community
specialists.
``Sec. 1102. Promotion policy objectives for intelligence community
specialists.
``Sec. 1103. Requirements for service in multiple elements of the
intelligence community for appointment to
senior positions in the intelligence
community.
``Sec. 1104. Review of promotion lists by the Director of National
Intelligence.
``TITLE XII--OTHER PROVISIONS

``Sec. 1201. Applicability to United States intelligence activities of
Federal laws implementing international
treaties and agreements.
``Sec. 1202. Counterintelligence initiatives.''.

SEC. 403. TEN-YEAR TERM OF SERVICE FOR THE DIRECTOR OF THE CENTRAL
INTELLIGENCE AGENCY.

(a) Term of Service.--Section 104A(a) of the National Security Act
of 1947, as added by section 101(a), is amended by adding at the end
the following: ``The term of service of the Director of the Central
Intelligence Agency shall be ten years.''.
(b) Applicability.--(1) The amendment made by subsection (a) shall
apply with respect to any individual appointed as Director of the
Central Intelligence Agency on or after the date of the enactment of
this Act.
(2) For purposes of paragraph (1), the redesignation of the
position of Director of Central Intelligence as the position of
Director of the Central Intelligence Agency in the amendment to the
National Security Act of 1947 made by section 101(a) of this Act shall
not be treated as creating a vacancy in the position of Director of the
Central Intelligence Agency for which appointment is required under
section 104A of the National Security Act of 1947, as so added.

SEC. 404. MODIFICATION OF THE ROLE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE IN RECOMMENDATIONS TO THE PRESIDENT WITH
RESPECT TO DIRECTORS OF CERTAIN ELEMENTS OF THE
INTELLIGENCE COMMUNITY.

(a) Joint Recommendations for Certain Appointments.--Subsection (a)
of section 106 of the National Security Act of 1947 (50 U.S.C. 403-
6(a)) is amended to read as follows:
``(a) Joint Recommendations by the Secretary of Defense and the
Director of National Intelligence for Certain Appointments.--(1) In the
event of a vacancy in a position referred to in paragraph (2), the
Secretary of Defense and the Director of National Intelligence shall
jointly recommend to the President an individual for appointment to the
position.
``(2) Paragraph (1) applies to the following positions:
``(A) The Director of the National Security Agency.
``(B) The Director of the National Reconnaissance Office.
``(C) The Director of the National Geospatial-Intelligence
Agency.''.
(b) Recommendation by the Director of National Intelligence for
Appointment of the Director of the Central Intelligence Agency.--Such
section is further amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a), as amended, the
following new subsection:
``(b) Recommendations by the Director of National Intelligence for
Certain Appointments.--In the event of a vacancy in the position of the
Director of the Central Intelligence Agency, the Director of National
Intelligence shall recommend to the President an individual for
appointment to the position.''.
(c) Concurrence of Director of National Intelligence in Certain
Appointments.--Subsection (c) of such section, as so redesignated by
subsection (b)(1), is amended to read as follows:
``(c) Concurrence of Director of National Intelligence in Certain
Appointments.--(1) In the event of a vacancy in a position referred to
in paragraph (2), the head of the department or agency having
jurisdiction over the position shall obtain the concurrence of the
Director of National Intelligence before recommending to the President
an individual for appointment to the position. If the Director does not
concur in the recommendation, the head of the department or agency
having jurisdiction over the position may make the recommendation to
the President without the Director's concurrence, but shall include in
the recommendation a statement that the Director does not concur in the
recommendation.
``(2) Paragraph (1) applies to the following positions:
``(A) The Director of the Defense Intelligence Agency.
``(B) The Assistant Secretary of State for Intelligence and
Research.
``(C) The Director of the Office of Intelligence of the
Department of Energy.
``(D) The Director of the Office of Counterintelligence of
the Department of Energy.
``(E) The Assistant Secretary for Intelligence and Analysis
of the Department of the Treasury.
``(F) The Under Secretary for Information Analysis and
Infrastructure Protection of the Department of Homeland
Security.''.
(d) Concurrence of Director of National Intelligence in Certain
Positions in the Federal Bureau of Investigation.--Such section is
further amended by adding at the end the following new subsection:
``(d) Concurrence of Director of National Intelligence in Certain
Positions in the Federal Bureau of Investigation.--(1) In the event of
a vacancy in a position referred to in paragraph (2), the Director of
the Federal Bureau of Investigation shall obtain the concurrence of the
Director of National Intelligence before recommending to the Attorney
General an individual to fill the vacancy.
``(2) Paragraph (1) applies to the following positions:
``(A) The Executive Assistant Director for Intelligence of
the Federal Bureau of Investigation.
``(B) The Executive Assistant Director for Counter-
Terrorism and Counter-Intelligence of the Federal Bureau of
Investigation.
``(C) Any successor position to the positions listed under
the preceding provisions of this paragraph.''.

SEC. 405. MODIFICATION OF APPOINTMENT REQUIREMENTS FOR THE GENERAL
COUNSEL OF THE CENTRAL INTELLIGENCE AGENCY.

(a) Elimination of Requirement of the Advice and Consent of the
Senate.--Section 20 of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403t) is amended in the matter preceding paragraph (1) by
striking ``, by and with the advice and consent of the Senate''.
(b) Application.--The amendment made by subsection (a) shall apply
with respect to appointments to the position of General Counsel of the
Central Intelligence Agency made on or after the date of the enactment
of this Act.

TITLE V--MISCELLANEOUS PROVISIONS

SEC. 501. EXECUTIVE SCHEDULE MATTERS.

(a) Executive Schedule Level I.--Section 5312 of title 5, United
States Code, is amended by adding at the end the following new item:
``Director of National Intelligence.''.
(b) Executive Schedule Level II.--Section 5313 of title 5, United
States Code, is amended by striking the item relating to the Director
of Central Intelligence and inserting the following new item:
``Director of the Central Intelligence Agency.''.
(c) Executive Schedule Level III.--Section 5314 of title 5, United
States Code, is amended by striking the item relating to the Deputy
Directors of Central Intelligence and inserting the following new item:
``Deputy Directors of National Intelligence (2).''.
(d) Executive Schedule Level IV.--Section 5315 of title 5, United
States Code, is amended--
(1) by striking the item relating to the Assistant
Directors of Central Intelligence;
(2) by striking the item relating to the Inspector General
of the Central Intelligence Agency and inserting the following
new items:
``Inspector General, Central Intelligence Agency.
``Inspector General, Intelligence Community.''; and
(3) by inserting after the item relating to the General
Counsel of the Central Intelligence Agency the following new
item:
``General Counsel to the Director of National
Intelligence.''.

SEC. 502. CONFORMING AND CLERICAL AMENDMENTS.

(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'' and inserting ``Director of National
Intelligence'' each place it appears in the following provisions:
(A) Section 3(4)(A) (50 U.S.C. 401a(4)(A)), both places it
appears.
(B) Section 3(4)(J) (50 U.S.C. 401a(4)(J)).
(C) Section 3(5)(B) (50 U.S.C. 401a(5)(B)).
(D) Section 3(6) (50 U.S.C. 401a(6)).
(E) Section 101(h)(2)(A) (50 U.S.C. 402(h)(2)(A)).
(F) Section 101(h)(5) (50 U.S.C. 402(h)(5)).
(G) Section 101(i)(2)(A) (50 U.S.C. 402(i)(2)(A)).
(H) Section 101(j) (50 U.S.C. 402(j)), both places it
appears.
(I) Section 105(a) (50 U.S.C. 403-5(a)).
(J) Section 105(a)(2) (50 U.S.C. 403-5(a)(2)).
(K) Section 105(b)(6)(A) (50 U.S.C. 403-5(b)(6)(A)).
(L) Section 105(d) (50 U.S.C. 403-5(d)).
(M) Section 105B(a)(1) (50 U.S.C. 403-5b(a)(1)).
(N) Section 105B(a)(2) (50 U.S.C. 403-5b(a)(2)).
(O) Section 105B(b) (50 U.S.C. 403-5b(b)), both places it
appears.
(P) Section 105C(a)(6)(B)(viii) (50 U.S.C. 403-
5c(a)(6)(B)(viii)).
(Q) Section 105C(b) (50 U.S.C. 403-5c(b)), both places it
appears.
(R) Section 110(b) (50 U.S.C. 404e(b)).
(S) Section 110(c) (50 U.S.C. 404e(c)).
(T) Section 111 (50 U.S.C. 404f).
(U) Section 112(a)(1) (50 U.S.C. 404g(a)(1)).
(V) Section 112(d)(1) (50 U.S.C. 404g(d)(1)).
(W) Section 113(b)(2)(A) (50 U.S.C. 404h(b)(2)(A)).
(X) Section 113(c) (50 U.S.C. 404h(c)).
(Y) Section 114(a)(1) (50 U.S.C. 404i(a)(1)).
(Z) Section 114(b)(1) (50 U.S.C. 404i(b)(1)).
(AA) Section 115(a)(1) (50 U.S.C. 404j(a)(1)).
(BB) Section 115(b) (50 U.S.C. 404j(b)).
(CC) Section 115(c)(1)(B) (50 U.S.C. 404j(c)(1)(B)).
(DD) Section 116(a) (50 U.S.C. 404k(a)).
(EE) Section 116(b) (50 U.S.C. 404k(b)).
(FF) Section 117(a)(1) (50 U.S.C. 404l(a)(1)).
(GG) Section 303(a) (50 U.S.C. 405(a)), both places it
appears.
(HH) Section 501(d) (50 U.S.C. 413(d)).
(II) Section 502(a) (50 U.S.C. 413a(a)).
(JJ) Section 502(c) (50 U.S.C. 413a(c)).
(KK) Section 503(b) (50 U.S.C. 413b(b)).
(LL) Section 504(d)(2) (50 U.S.C. 414(d)(2)).
(MM) Section 603(a) (50 U.S.C. 423(a)).
(2) That Act is amended further amended by striking ``Director of
Central Intelligence'' and inserting ``Director of the Central
Intelligence Agency'' each place it appears in the following
provisions:
(A) Section 504(a)(2) (50 U.S.C. 414(a)(2)).
(B) Section 504(a)(3)(C) (50 U.S.C. 414(a)(3)(C)).
(C) Section 701(a) (50 U.S.C. 431(a)).
(D) Section 702(a) (50 U.S.C. 432(a)).
(3) Section 3(4)(A) of that Act (50 U.S.C. 401a(4)(A)) is further
amended--
(A) by striking ``as provided in section 105(b)(3)'' and
inserting ``as provided in section 102(g)''; and
(B) by striking ``the Director may'' and inserting ``the
Director of National Intelligence may''.
(4) 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 National Intelligence, or
the Office of the Director of the Central Intelligence Agency''.
(5) The subsection caption of section 105(d) of that Act (50 U.S.C.
403-5(d)) is amended by striking ``the Director of Central
Intelligence'' and inserting ``Director of National Intelligence''.
(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 director of national
intelligence''.

(7) Section 507(a)(1) of that Act (50 U.S.C. 415b(a)(1)) is
amended--
(A) by redesignating subparagraph (N) as subparagraph (J);
and
(B) by inserting after subparagraph (J), as so
redesignated, the following the following new subparagraph:
``(K) The annual report on intelligence community
specialists required by section 1105(a).''.
(8) The table of sections for that Act is amended--
(A) by striking the items relating to sections 102 through
104 and inserting the following new items:

``Sec. 102. Office of the Director of Central Intelligence.
``Sec. 103. Responsibilities of Director of National Intelligence.
``Sec. 103A. Authorities of Director of National Intelligence.
``Sec. 104. Central Intelligence Agency.
``Sec. 104A. Director of the Central Intelligence Agency.''; and
(B) by striking the item relating to section 114 and
inserting the following new item:

``Sec. 114. Additional annual reports from the Director of National
Intelligence.''.
(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) and (c) as paragraphs
(1) and (3), respectively; and
(B) by striking paragraph (b) and inserting the following
new paragraph (2):
``(2) `Director' means the Director of the Central
Intelligence Agency; and''.
(2) Section 6 of that Act (50 U.S.C. 403g) is amended--
(A) by striking ``Director of Central Intelligence'' and
inserting ``Director of National Intelligence''; and
(B) by striking ``section 103(c)(6) of the National
Security Act of 1947 (50 U.S.C. 403-3(c)(6))'' and inserting
``section 103(b)(7) of the National Security Act of 1947''.
(3) That Act is further amended by striking ``Director 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 20(g)(3)(B) (50 U.S.C. 403u(g)(3)(B)).
(E) Section 20(h)(1) (50 U.S.C. 403u(h)(1)).
(F) Section 20(h)(2) (50 U.S.C. 403u(h)(2)).
(4) That Act is further amended by striking ``of Central
Intelligence'' in each of the following provisions:
(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 17(f) (50 U.S.C. 403q(f)), both places it
appears.
(D) Section 20(c) (50 U.S.C. 403t(c)).
(c) Central Intelligence Agency Retirement Act.--(1) Section 101 of
the Central Intelligence Agency Retirement 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.''.
(2) Section 201(c) of that Act (50 U.S.C. 2011) is amended by
striking ``paragraph (6) of section 103(c) of the National Security Act
of 1947 (50 U.S.C. 403-3(c)) that the Director of Central
Intelligence'' and inserting ``section 103(b)(7) of the National
Security Act of 1947 that the Director of the National Intelligence''.
(d) CIA Voluntary Separation Pay Act.--Subsection (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) Inspector General Act of 1978.--Section 8H(a)(1)(C) of the
Inspector General Act of 1978 (5 U.S.C. App. 8H(a)(1)(C)) is amended by
inserting before the period at the end the following: ``or to the
Inspector General of the Intelligence Community''.
(f) 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 ``Director of Central Intelligence'' each place it
appears and inserting ``Director of National Intelligence''.
(g) Classified Information Procedures Act.--Section 9(a) of the
Classified Information Procedures Act (5 U.S.C. App.) is amended by
striking ``Director of Central Intelligence'' and inserting ``Director
of National Intelligence''.
(h) Title 10, United States Code.--(1) Section 528 of title 10,
United States Code, is amended--
(A) in subsection (a), by striking ``Associate Director of
Central Intelligence for Military Support'' and inserting
``Assistant Deputy Director of National Intelligence for
Operations''; and
(B) in the heading, by striking ``Associate Director of
Central Intelligence for Military Support'' and inserting
``Assistant Deputy Director of National Intelligence for
Operations''.
(2) The item relating to section 528 in the table of sections at
the beginning of chapter 32 of such title is amended by striking
``Associate Director of Central Intelligence for Military Support'' and
inserting ``Assistant Deputy Director of National Intelligence for
Operations''.
<all>