[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1520 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1520
To amend the National Security Act of 1947 to reorganize and improve
the leadership of the intelligence community of the United States, to
provide for the enhancement of the counterterrorism activities of the
United States Government, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 31 (legislative day, July 21), 2003
Mr. Graham of Florida (for himself, Mrs. Feinstein, and Mr.
Rockefeller) introduced the following bill; which was read twice and
referred to the Select Committee on Intelligence
_______________________________________________________________________
A BILL
To amend the National Security Act of 1947 to reorganize and improve
the leadership of the intelligence community of the United States, to
provide for the enhancement of the counterterrorism activities of the
United States Government, 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 ``9-11 Memorial
Intelligence Reform Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Reorganization and improvement of management of intelligence
community under Director of National
Intelligence.
Sec. 3. Priorities on intelligence and counterterrorism activities for
the intelligence community.
Sec. 4. Comprehensive strategy on combatting terrorism.
Sec. 5. Inclusion of National Intelligence Officer for Terrorism on
National Intelligence Council.
Sec. 6. Enhancement of counterterrorism capabilities of the Federal
Bureau of Investigation.
Sec. 7. Reform of domestic intelligence programs and activities.
Sec. 8. Enhancement of utilization of foreign intelligence surveillance
authorities by the intelligence community.
Sec. 9. Plan on enhancement of signals intelligence.
Sec. 10. Personnel initiatives for the intelligence community.
Sec. 11. Budgeting and funding of intelligence and counterterrorism
activities.
Sec. 12. Report on revisions to bilateral and multilateral agreements
to strengthen counterterrorism efforts.
Sec. 13. Study and recommendations on improvement of congressional
oversight of the intelligence community.
Sec. 14. Treatment and classification of intelligence information.
Sec. 15. Enhancement of accountability of the intelligence community
for the performance of intelligence
activities.
Sec. 16. Elimination or reduction in barriers to collection and sharing
of intelligence for counterterrorism
purposes.
Sec. 17. National Terrorist Watchlist Center.
Sec. 18. Enhancement of efforts to identify support or involvement of
foreign governments in terrorist
activities.
SEC. 2. REORGANIZATION AND IMPROVEMENT OF MANAGEMENT OF INTELLIGENCE
COMMUNITY UNDER DIRECTOR OF NATIONAL INTELLIGENCE.
(a) Reorganization and Improvement of Management of Intelligence
Community.--
(1) 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
Community Management.
``(D) The National Intelligence Council.
``(E) The Assistant Director of National Intelligence for
Collection.
``(F) The Assistant Director of National Intelligence for
Analysis and Production.
``(G) The Assistant Director of National Intelligence for
Administration.
``(H) The General Counsel to the Director of National
Intelligence.
``(I) The Inspector General of the Intelligence Community.
``(J) The Office of the National Counterintelligence
Executive.
``(K) 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, 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.
``(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 Community
Management.--(1) There is a Deputy Director of National Intelligence
for Community Management 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 Community Management shall have extensive
national security expertise.
``(3) The Deputy Director of National Intelligence for Community
Management shall, subject to the direction of the Director of National
Intelligence, be responsible for the following:
``(A) Directing the operations of the Community Management
Staff.
``(B) Through the Assistant Director of National
Intelligence for Collection, ensuring the efficient and
effective collection of national intelligence using technical
means and human sources.
``(C) Through the Assistant Director of National
Intelligence for Analysis and Production, conducting oversight
of the analysis and production of intelligence by elements of
the intelligence community.
``(D) Through the Assistant Director of National
Intelligence for Administration, performing community-wide
management functions of the intelligence community, including
the management of personnel and resources.
``(4) The Deputy Director of National Intelligence for Community
Management takes precedence in the Office of the Director of National
Intelligence immediately after the Deputy Director of National
Intelligence.
``(e) 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
Community Management.
``(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.
``(f) National Intelligence Council.--(1) There is a National
Intelligence Council.
``(2)(A) 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) produce national intelligence estimates for the
Government, including, whenever the Council considers
appropriate, alternative views held by elements of the
intelligence community;
``(B) evaluate community-wide collection and production of
intelligence by the intelligence community and the requirements
and resources of such collection 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.
``(g) Assistant Director of National Intelligence for Collection.--
(1) There is an Assistant Director of National Intelligence for
Collection who shall be appointed by the President, by and with the
advice and consent of the Senate.
``(2) The Assistant Director for Collection shall assist the
Director of National Intelligence in carrying out the Director's
collection responsibilities in order to ensure the efficient and
effective collection of national intelligence.
``(h) Assistant Director of National Intelligence for Analysis and
Production.--(1) There is an Assistant Director of National
Intelligence for Analysis and Production who shall be appointed by the
President, by and with the advice and consent of the Senate.
``(2) The Assistant Director for Analysis and Production shall--
``(A) oversee the analysis and production of intelligence
by the elements of the intelligence community;
``(B) establish standards and priorities relating to the
analysis and production of intelligence by such elements;
``(C) monitor the allocation of resources for the analysis
and production of intelligence in order to identify unnecessary
duplication in the analysis and production of intelligence;
``(D) direct competitive analysis of analytical products
having National importance;
``(E) identify intelligence to be collected for purposes of
the Assistant Director of National Intelligence for Collection;
and
``(F) provide such additional analysis and production of
intelligence as the President and the National Security Council
may require.
``(i) Assistant Director of National Intelligence for
Administration.--(1) There is an Assistant Director of National
Intelligence for Administration who shall be appointed by the
President, by and with the advice and consent of the Senate.
``(2) The Assistant Director for Administration shall manage such
activities relating to the administration of the intelligence community
as the Director of National Intelligence shall require.
``(j) General Counsel to 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 the Central Intelligence Agency.
``(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.
``(k) Inspector General of 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) The Inspector General of the Intelligence Community shall,
with respect to the intelligence community as a whole and each element
of the intelligence community, 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.
``(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.
``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 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, including review, approval, and modification
of the execution of intelligence community budgets, and
personnel and resource allocation in furtherance of
such annual budget;
``(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; and
``(C) managing and overseeing the execution and, if
necessary, the modification of the annual budget for
the National Foreign Intelligence Program, including
directing the transfer of funds or personnel between
elements of the intelligence community;
``(D) setting, monitoring, and enforcing consistent
policy for the intelligence community;
``(E) reviewing, approving, modifying, and
exercising primary management and oversight of the
research and development efforts of the intelligence
community;
``(F) reviewing, approving, and coordinating
relationships between elements of the intelligence
community and foreign intelligence, law enforcement,
and security services;
``(G) insuring that the elements of the
intelligence community comply fully with policies,
guidance, and authorities applicable to the
intelligence community on management, administration,
and law;
``(2) establish the requirements and priorities to govern
the collection of national intelligence by elements of the
intelligence community;
``(3) approve, establish, and enforce collection
processing, and dissemination requirements, determine
collection priorities, and resolve conflicts in collection
priorities levied on national collection 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) protect intelligence sources and methods from
unauthorized disclosure; and
``(8) perform such other functions as the President or the
National Security Council may direct.
``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.
``(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 for Community Management.
``(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) Funds transferred under this subsection shall remain
available for the same period as the appropriations account to which
transferred.
``(4)(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 congressional
intelligence committees 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.
``(5) The Director shall promptly submit to the congressional
intelligence committees 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.
``(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, where appropriate, and
to make such rotated service a factor to be considered for
promotion to senior positions; and
``(2) to consolidate, wherever possible, personnel,
administrative, and 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.
``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) collect intelligence through human sources and by
other appropriate means, except that the Agency shall have no
police, subpoena, or law enforcement powers or internal
security functions;
``(2) provide overall direction for the collection of
national intelligence through human sources by elements of the
intelligence community authorized to undertake such collection
and, in coordination with other agencies of the Government
which are authorized to undertake such collection, ensure that
the most effective use is made of resources and that the risks
to the United States and those involved in such collection are
minimized;
``(3) correlate and evaluate intelligence related to the
national security and provide appropriate dissemination of such
intelligence;
``(4) 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
``(5) perform such other functions and duties related to
intelligence affecting the national security as the President
or the National Security Council may direct.
``(e) Termination of Employment of CIA Employees.--(1)
Notwithstanding any other provision of law, the Director of the Central
Intelligence Agency may, in the Director's discretion, terminate the
employment of any officer or employee of the Central Intelligence
Agency whenever the Director considers such termination necessary or
advisable in the interests of the United States.
``(2) Termination under paragraph (1) shall not affect the right of
the officer or employee terminated to seek or accept employment in any
other department or agency of the Government if declared eligible for
such employment by the Office of Personnel Management.''.
(2) Sense of congress on cabinet-level status of director
of national intelligence.--It is the sense of Congress that the
Director of National Intelligence should be a cabinet-level
officer of the United States Government.
(3) General references.--(A) 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.
(B) 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.
(C) 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.
(D) 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 Community Management.
(E) Any reference to the Assistant Director of Central
Intelligence for Collection in any law, regulation, document,
paper, or other record of the United States shall be deemed to
be a reference to the Assistant Director of National
Intelligence for Collection.
(F) Any reference to the Assistant Director of Central
Intelligence for Analysis and Production in any law,
regulation, document, paper, or other record of the United
States shall be deemed to be a reference to the Assistant
Director of National Intelligence for Analysis and Production.
(G) Any reference to the Assistant Director of Central
Intelligence for Administration in any law, regulation,
document, paper, or other record of the United States shall be
deemed to be a reference to the Assistant Director of National
Intelligence for Administration.
(b) Executive Schedule Matters.--
(1) 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 items:
``Director of National Intelligence.
``Director of the Central Intelligence Agency.''.
(2) 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).''.
(3) Executive schedule level iv.--Section 5315 of title 5,
United States Code, is amended--
(A) by striking the item relating to the Assistant
Directors of Central Intelligence and inserting the
following new item:
``Assistant Directors of National Intelligence (3).'';
(B) 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
(C) 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.''.
(c) Conforming and Clerical Amendments.--
(1) National security act of 1947.--(A) 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:
(i) Section 3(4)(A) (50 U.S.C. 401a(4)(A)), both
places it appears.
(ii) Section 3(4)(J) (50 U.S.C. 401a(4)(J)).
(iii) Section 3(5)(B) (50 U.S.C. 401a(5)(B)).
(iv) Section 3(6) (50 U.S.C. 401a(6)).
(v) Section 101(h)(2)(A) (50 U.S.C. 402(h)(2)(A)).
(vi) Section 101(h)(5) (50 U.S.C. 402(h)(5)).
(vii) Section 101(i)(2)(A) (50 U.S.C.
402(i)(2)(A)).
(viii) Section 101(j) (50 U.S.C. 402(j)), both
places it appears.
(ix) Section 105(a) (50 U.S.C. 403-5(a)).
(x) Section 105(a)(2) (50 U.S.C. 403-5(a)(2)).
(xi) Section 105(b)(6)(A) (50 U.S.C. 403-
5(b)(6)(A)).
(xii) Section 105B(a)(1) (50 U.S.C. 403-5b(a)(1)).
(xiii) Section 105B(a)(2) (50 U.S.C. 403-5b(a)(2)).
(xiv) Section 105B(b) (50 U.S.C. 403-5b(b)), both
places it appears.
(xv) Section 105C(a)(6)(B)(viii) (50 U.S.C. 403-
5c(a)(6)(B)(viii)).
(xvi) Section 105C(b) (50 U.S.C. 403-5c(b)), both
places it appears.
(xvii) Section 105D(b) both places it appears.
(xviii) Section 106(a)(1) (50 U.S.C. 403-6(a)(1)).
(xix) Section 106(b)(1) (50 U.S.C. 403-6(b)(1)).
(xx) Section 106(b)(3) (50 U.S.C. 403-6(b)(3)).
(xxi) Section 110(b) (50 U.S.C. 404e(b)).
(xxii) Section 110(c) (50 U.S.C. 404e(c)).
(xxiii) Section 111 (50 U.S.C. 404f).
(xxiv) Section 112(a)(1) (50 U.S.C. 404g(a)(1)).
(xxv) Section 112(d)(1) (50 U.S.C. 404g(d)(1)).
(xxvi) Section 113(b)(2)(A) (50 U.S.C.
404h(b)(2)(A)).
(xxvii) Section 113(c) (50 U.S.C. 404h(c)).
(xxviii) Section 114(a)(1) (50 U.S.C. 404i(a)(1)).
(xxix) Section 114(b)(1) (50 U.S.C. 404i(b)(1)).
(xxx) Section 114(c)(1).
(xxxi) Section 115(a)(1) (50 U.S.C. 404j(a)(1)).
(xxxii) Section 115(b) (50 U.S.C. 404j(b)).
(xxxiii) Section 115(c)(1)(B) (50 U.S.C.
404j(c)(1)(B)).
(xxxiv) Section 116(a) (50 U.S.C. 404k(a)).
(xxxv) Section 116(b) (50 U.S.C. 404k(b)).
(xxxvi) Section 117(a)(1) (50 U.S.C. 404l(a)(1)).
(xxxvii) Section 303(a) (50 U.S.C. 405(a)), both
places it appears.
(xxxviii) Section 501(d) (50 U.S.C. 413(d)).
(xxxix) Section 502(a) (50 U.S.C. 413a(a)).
(xl) Section 502(c) (50 U.S.C. 413a(c)).
(xli) Section 503(b) (50 U.S.C. 413b(b)).
(xlii) Section 504(d)(2) (50 U.S.C. 414(d)(2)).
(xliii) Section 506(b).
(xliv) Section 603(a) (50 U.S.C. 423(a)).
(xlv) Section 1001(a).
(B) The National Security Act of 1947 is further amended by
striking ``Director of Central Intelligence'' and inserting
``Director of the Central Intelligence Agency'' each place it
appears in the following provisions:
(i) Section 504(a)(2) (50 U.S.C. 414(a)(2)).
(ii) Section 504(a)(3)(C) (50 U.S.C. 414(a)(3)(C)).
(iii) Section 701(a) (50 U.S.C. 431(a)).
(iv) Section 702(a) (50 U.S.C. 432(a)).
(C) Section 3(4)(A) of that Act (50 U.S.C. 401a(4)(A)) is
further amended--
(i) by striking ``as provided in section
105(b)(3)'' and inserting ``as provided in section
102(f)''; and
(ii) by striking ``the Director may'' and inserting
``the Director of National Intelligence may''.
(D) Section 105(b) of that Act (50 U.S.C. 403-5(b)) is
further amended by striking ``sections 103 and 104'' and
inserting ``sections 103, 103A, and 104A''.
(E) Section 112(d) of that Act (50 U.S.C. 404g(d)) is
further amended--
(i) in paragraph (1), by striking ``section
103(c)(6) of this Act'' and inserting ``section
103(b)(7)''; and
(ii) in paragraph (2), by striking ``of this Act''.
(F) 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''.
(G) Section 1001(b) of that Act is amended by striking
``Assistant Director of Central Intelligence for
Administration'' and inserting ``Assistant Director of National
Intelligence for Administration''.
(H) 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''.
(I) Section 106 of that Act (50 U.S.C. 403-6) is further
amended--
(i) in the subsection caption for subsection (a),
by striking ``DCI'' and inserting ``DNI''; and
(ii) in the subsection caption for subsection (b),
by striking ``DCI'' and inserting ``DNI''.
(J) 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''.
(K) The table of sections for that Act is amended--
(i) 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
(ii) 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.''.
(2) Central intelligence agency act of 1949.--(A) Section 1
of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a)
is amended--
(i) by redesignating paragraphs (a) and (c) as
paragraphs (1) and (3), respectively; and
(ii) by striking paragraph (b) and inserting the
following new paragraph (2):
``(2) `Director' means the Director of the Central
Intelligence Agency; and''.
(B) Section 6 of that Act (50 U.S.C. 403g) is amended--
(i) by striking ``Director of Central
Intelligence'' and inserting ``Director of National
Intelligence''; and
(ii) 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''.
(C) 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'':
(i) Section 14(b) (50 U.S.C. 403n(b)).
(ii) Section 16(b)(2) (50 U.S.C. 403p(b)(2)).
(iii) Section 16(b)(3) (50 U.S.C. 403p(b)(3)), both
places it appears.
(iv) Section 20(g)(3)(B) (50 U.S.C. 403u(g)(3)(B)).
(v) Section 20(h)(1) (50 U.S.C. 403u(h)(1)).
(vi) Section 20(h)(2) (50 U.S.C. 403u(h)(2)).
(D) That Act is further amended by striking ``of Central
Intelligence'' in each of the following provisions:
(i) Section 16(c)(1)(B) (50 U.S.C. 403p(c)(1)(B)).
(ii) Section 17(d)(1) (50 U.S.C. 403q(d)(1)).
(iii) Section 17(f) (50 U.S.C. 403q(f)), both
places it appears.
(iv) Section 20(c) (50 U.S.C. 403t(c)).
(3) Central intelligence agency retirement act.--(A)
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.''.
(B) 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''.
(4) 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;''.
(5) 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''.
(6) Foreign intelligence surveillance act of 1978.--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''.
(7) 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''.
(8) Intelligence authorization acts.--
(A) Public law 103-359.--Section 811(c)(6)(C) of
the Counterintelligence and Security Enhancements Act
of 1994 (title VIII of Public Law 103-359) is amended
by striking ``Director of Central Intelligence'' and
inserting ``Director of National Intelligence''.
(B) Public law 107-306.--(i) Section 313(a) of the
Intelligence Authorization Act for Fiscal Year 2003
(Public Law 107-306) is amended by striking ``Director
of Central Intelligence, acting as the head of the
intelligence community,'' and inserting ``Director of
National Intelligence''.
(ii) Section 341 of that Act is amended by striking
``Director of Central Intelligence, acting as the head
of the intelligence community, shall establish in the
Central Intelligence Agency'' and inserting ``Director
of National Intelligence shall establish within the
intelligence community''.
(iii) Section 343 of that Act is amended--
(I) in subsection (a)(1), by striking
``Director of Central Intelligence, acting as
the head of the Intelligence Community,'' and
inserting ``Director of National
Intelligence'';
(II) in subsection (c), 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''; and
(III) in subsection (e)(2), by striking
``section 103(c)(6)'' and inserting ``section
103(b)(7)''.
(iv) Section 352(b) of that Act is amended by
inserting ``of National Intelligence'' after ``The
Director''.
(v) That Act is further amended by striking
``Director of Central Intelligence'' each place it
appears in the following provisions and inserting
``Director of National Intelligence'':
(I) Section 902(a)(2).
(II) Section 904(e)(4).
(III) Section 904(e)(5).
(IV) Section 904(h)(1).
(vi) That Act is further amended by striking
``Office of the Director of Central Intelligence'' each
place it appears in the following provisions and
inserting ``Office of the Director of National
Intelligence'':
(I) Section 904(c).
(II) Section 904(l).
(vii) Section 904(m) of that Act is amended by
inserting ``the Director of National Intelligence,''
before ``the Director of Central Intelligence''.
(9) USA patriot act of 2001.--The USA PATRIOT Act of 2001
(Public Law 107-56) is amended by striking ``Director of
Central Intelligence'' and inserting ``Director of National
Intelligence'' each place it appears in the following
provisions:
(A) Section 203(d)(1) (50 U.S.C. 403-5d(d)(1)), as
amended by section 897(a) of the Homeland Security Act
of 2002 (Public Law 107-296), both places it appears.
(B) Section 908(a) (115 Stat. 391).
(C) Section 1006(b) (115 Stat. 394).
(10) Homeland security act of 2002.--The Homeland Security
Act of 2002 (Public Law 107-296) is amended by striking
``Director of Central Intelligence'' and inserting ``Director
of National Intelligence'' each place it appears in the
following provisions:
(A) Section 201(d)(10).
(B) Section 201(d)(12)(B).
(C) Section 202(c).
(D) Section 202(d)(2).
(E) Section 601(c)(6).
(F) Section 601(e).
(G) Section 601(f).
(H) Section 892(b)(7).
(I) Section 1001(c)(1)(A).
(11) Title 18, united states code.--(A) Section 2517(8) of
title 18, United States Code, is amended by striking ``Director
of Central Intelligence'' and inserting ``Director of National
Intelligence''.
(B) Subsections (d)(7)(B)(iv) and (i)(5)(B)(iv) of such
title are amended by striking ``Director of Central
Intelligence'' and inserting ``Director of National
Intelligence, or the head of another element of the
intelligence community''.
(12) Title 44, united states code.--Section 3535(g)(3) of
title 44, United States Code, is amended by striking ``Director
of Central Intelligence'' and inserting ``Director of National
Intelligence''.
(13) Federal rules of criminal procedure.--Paragraphs (2)
and (3) of section 6(e) of the Federal Rules of Criminal
Procedure are amended by striking ``Director of Central
Intelligence'' and inserting ``Director of National
Intelligence''.
SEC. 3. PRIORITIES ON INTELLIGENCE AND COUNTERTERRORISM ACTIVITIES FOR
THE INTELLIGENCE COMMUNITY.
(a) In General.--(1) Title I of the National Security Act of 1947
(50 U.S.C. 402 et seq.) is amended by inserting after section 101 the
following new section:
``priorities on intelligence and counterterrorism activities for the
intelligence community
``Sec. 101A. (a) Priorities.--The President shall take appropriate
actions to ensure the following:
``(1) The establishment of priorities for the intelligence,
intelligence-related, and counterterrorism activities of the
United States Government.
``(2) The discharge of the intelligence, intelligence-
related, and counterterrorism activities of the United States
Government by the elements of the intelligence community in
accordance with the priorities.
``(b) Review and Update of Priorities.--(1) The President shall
ensure that the priorities established under subsection (a)(1) are
reviewed and updated on an annual basis.
``(2) The purpose of the reviews and updates is to ensure the most
effective allocation of the personnel and other resources of the
intelligence community as threats to the United States evolve.
``(c) Annual Report.--Not later than the date each year provided in
section 507, the Director of National Intelligence shall submit to the
congressional intelligence committees a report on the priorities for
the intelligence, intelligence-related, and counterterrorism activities
of the United States Government in effect under this section, including
a justification for such priorities.''.
(2) The table of contents for that Act is amended by inserting
after the item relating to section 101 the following new item:
``101A. Priorities on intelligence and counterterrorism activities for
the intelligence community.''.
(b) Submittal of Annual Reports.--Section 507(a)(1) of that Act (50
U.S.C. 415b(a)(1)) is amended--
(1) by redesignating subparagraphs (A) through (N) as
subparagraphs (B) through (O), respectively; and
(2) by inserting before subparagraph (B), as so
redesignated, the following new subparagraph (A):
``(A) The annual report on priorities for the intelligence
and counterterrorism activities of the United States Government
required by section 101A.''.
SEC. 4. COMPREHENSIVE STRATEGY ON COMBATTING TERRORISM.
(a) In General.--Title I of the National Security Act of 1947 (50
U.S.C. 402 et seq.) is amended by inserting after section 108 the
following new section:
``national strategy on combatting terrorism
``Sec. 108A. (a) In General.--In addition to any other duties under
this Act, the National Security Council shall prepare a comprehensive
government-wide strategy for combatting terrorism that fully utilizes
the capabilities and expertise of the foreign policy, economic,
military, intelligence, and law enforcement elements of the United
States Government to address the treat of terrorism to the United
States, whether in the United States or abroad, including the threat
arising from the proliferation of weapons of mass destruction.
``(b) Consultation.--The strategy required by this section shall be
developed in consultation with the following:
``(1) The Director of National Intelligence.
``(2) The Secretary of Homeland Security.
``(3) The Secretary of State.
``(4) The Secretary of Defense.
``(5) Any other officer of the United States Government
that the National Security Council considers appropriate.
``(c) Intelligence Community Elements of Strategy.--(1) In
preparing the elements of the strategy required by this section that
involve the intelligence community, the Director of National
Intelligence shall develop specific plans, including programs and the
allocation of appropriate resources therefor, for addressing the threat
of terrorism posed by Usama Bin Ladin, al Qaeda, Hezbollah, Hamas, and
other significant terrorists and terrorist organizations.
``(2) The plans developed under paragraph (1) shall, in a manner
fully consistent with United States law, include the following:
``(A) The development of human resources to penetrate
terrorist organizations and networks in the United States and
abroad.
``(B) The utilization of current technologies, and the
development and enhancement of technologies, in order to--
``(i) intercept, analyze, and exploit the
communications of terrorists and terrorist
organizations;
``(ii) conduct effective data-mining and other
forms of similar analysis; and
``(iii) facilitate the timely and effective sharing
of intelligence both within the intelligence community
and between the intelligence community and other
elements of the United States Government and State and
local governments.
``(C) The enhancement of domestic intelligence collection
and analysis, including the enhancement of information
technology in order to permit links between new information and
previously-acquired information.
``(D) The maximization of the use of covert actions in
counterterrorism efforts.
``(E) The development of means of identifying and tracking
financial support for terrorism.
``(F) The enhancement of the capabilities of the
paramilitary units of the Central Intelligence Agency and the
special operations forces of the Armed Forces to conduct joint
operations against terrorists and terrorist organizations.
``(d) Update.--The National Security Council shall provide for the
on-going update of the strategy required by this section in order to
take into account changes in circumstances.
``(e) Approval of President.--The strategy required by this
section, including any update of the strategy under subsection (d),
shall not take effect until approved by the President.''.
``(f) Reports to Congress.--(1) The President shall transmit to
Congress the strategy required by this section, including any update of
the strategy under subsection (d).
``(2) Each transmittal under this subsection shall be in both
classified and unclassified form.''.
(b) Clerical Amendments.--The table of contents for that Act is
amended--
(1) by striking the following:
``Sec. 104. Annual national security strategy report.''; and
(2) by inserting after the item relating to section 108 the
following new item:
``Sec. 108A. National strategy on combatting terrorism.''.
SEC. 5. INCLUSION OF NATIONAL INTELLIGENCE OFFICER FOR TERRORISM ON
NATIONAL INTELLIGENCE COUNCIL.
Section 102(f)(2) of the National Security Act of 1947, as amended
by section 2(a)(1) of this Act, is further amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
and
(2) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) One of the members of the Council shall be known as the
National Intelligence Officer on Terrorism. In addition to any other
responsibilities for the Council, the National Intelligence Officer on
Terrorism shall prepare intelligence estimates on terrorism for the use
of policymakers in the Executive branch, and in Congress, and to assist
the intelligence community in developing strategic analyses and
assessment of terrorism. The individual appointed as the National
Intelligence Officer on Terrorism shall be highly qualified in matters
relating to the responsibilities of the position.''.
SEC. 6. ENHANCEMENT OF COUNTERTERRORISM CAPABILITIES OF THE FEDERAL
BUREAU OF INVESTIGATION.
(a) Actions Required.--The Director of the Federal Bureau of
Investigations shall, as soon as practicable after the date of the
enactment of this Act, take appropriations actions to enhance the
counterterrorism capabilities of the Federal Bureau of Investigation,
including the actions set forth under subsection (b).
(b) Particular Actions.--The actions set forth in this subsection
are actions to achieve the following:
(1) The strengthening of counterterrorism as a national
program of the Federal Bureau of Investigation through the
clear designation of national priorities for counterterrorism
and the enforcement of adherence by the field offices of the
Bureau to such priorities.
(2) The establishment and maintenance of independent career
tracks for personnel in the Federal Bureau of Investigation to
provide recognition and incentives for analysts, agents, and
other personnel who demonstrate skill and achievement in
counterterrorism activities.
(3) The improvement of the strategic analytical
capabilities of the Federal Bureau of Investigation on
counterterrorism through the assurance of qualifications,
training, and independence of analysts and the provision of
access of analysts to appropriate information and resources.
(4) The establishment and maintenance of an effective
reports officer cadre at the headquarters and the field offices
of the Federal Bureau of Investigation in order to facilitate
the timely dissemination of intelligence from agents to
analysts within the Bureau and to analysts within other
elements of the intelligence community.
(5) The implementation of training for agents of the
Federal Bureau of Investigation in the effective use of
analysts and their work.
(6) The expansion and maintenance of recruitment of agents
and analysts for the Federal Bureau of Investigation with the
linguistic skills necessary for counterterrorism work.
(7) The enhancement of efforts of the Federal Bureau of
Investigation to penetrate terrorist organizations operating in
the United States through all available means of collection.
(8) The improvement of training for Federal Bureau of
Investigation personnel in the national security law of the
United States.
(9) The implementation and maintenance of mechanisms to
maximize the exchange of information relating to
counterterrorism between and among the Federal Bureau of
Investigation, other departments and agencies of the Federal
Government, and State and local governments.
(10) The identification and remediation of persistent
inadequacies in the information technology of the Federal
Bureau of Investigation.
SEC. 7. REFORM OF DOMESTIC INTELLIGENCE PROGRAMS AND ACTIVITIES.
(a) Report on Reform Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence, the Attorney General, and the Secretary of Homeland
Security shall jointly submit to Congress a report on reforms in the
conduct of the domestic intelligence programs and activities of the
United States Government.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) A description of the progress made by the Federal
Bureau of Investigation since September 11, 2001, in
implementing reforms required for the effective conduct of
domestic intelligence programs and activities, including
reforms to ensure an effective balance between the pursuit of
counterterrorism and the protection of civil liberties.
(2) An assessment of the experiences of other democratic
nations in conducting domestic intelligence programs and
activities, including the lessons of such nations that may be
applicable to the conduct of the domestic intelligence programs
and activities of the United States Government.
(3) An assessment of the advisability of establishing a new
domestic intelligence service in the United States Government
in order to enhance the conduct of the domestic intelligence
programs and activities of the United States Government,
including if the establishment of the service is determined
advisable--
(A) a plan for the service; and
(B) a description of the manner in which the
activities of the service under the plan will provide
an appropriate balance between the protection of the
national security and the protection of civil
liberties.
(4) Any recommendations that the officials jointly consider
appropriate regarding the most appropriate means of providing a
domestic intelligence capability in the United States,
including a description of any legislative or administrative
actions necessary to implement the recommendations.
SEC. 8. ENHANCEMENT OF UTILIZATION OF FOREIGN INTELLIGENCE SURVEILLANCE
AUTHORITIES BY THE INTELLIGENCE COMMUNITY.
(a) Training in Availability and Utilization of Authorities.--(1)
The Attorney General shall, in consultation with the Director of the
Federal Bureau of Investigation, provide detailed training to
appropriate personnel of the Federal Bureau of Investigation, and to
appropriate personnel of other elements of the intelligence community,
on the availability and utilization of the authorities provided by the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)
to address terrorist threats to the United States.
(2) The Attorney General shall provide the training required by
paragraph (1) through the Office of Intelligence Policy and Review of
the Department of Justice and through such other elements of the
Department as the Attorney General considers appropriate.
(b) Dissemination of Information Acquired by Foreign Intelligence
Surveillance.--The Attorney General and the Director of the Federal
Bureau of Investigation shall jointly take appropriate actions to
ensure that the information acquired through electronic surveillance,
searches, and other activities under the Foreign Intelligence
Surveillance Act of 1978 is disseminated on a timely basis to
appropriate personnel within the Federal Bureau of Investigation, and
appropriate personnel in other elements of the intelligence community,
in order to facilitate the use of such information for analysis and
operations to address terrorists threats to the United States.
(c) Plan on Utilization of Foreign Intelligence Surveillance
Authorities To Assess Threats of International Terrorist Groups.--The
Attorney General and the Director of the Federal Bureau of
Investigation shall jointly develop a plan to utilize the authorities
under the Foreign Intelligence Surveillance Act of 1978 to provide for
the full assessment of the threats posed to the United States by
international terrorist groups operating within the United States,
including the determination of the extent to which such groups are
funded or otherwise supported by foreign governments.
SEC. 9. PLAN ON ENHANCEMENT OF SIGNALS INTELLIGENCE.
(a) Report on Plan Required.--Not later than 90 days after the date
of the enactment of this Act, the Director of the National Security
Agency shall submit to the Director of National Intelligence and the
Secretary of Defense, and to the congressional intelligence committees,
a report containing a plan for the enhancement of the signals
intelligence program of the United States.
(b) Elements.--The plan under the report required by subsection (a)
shall include the following:
(1) A detailed description of potential solutions for the
technological challenges currently faced by the signals
intelligence program.
(2) Mechanisms for the quarterly review of each technology
development program for the signals intelligence program,
including the quarterly review for each such technology
development program of--
(A) the objectives of such program;
(B) the products to be delivered through such
program;
(C) the funding required for such program; and
(D) the schedules associated with such program.
(3) A proposal for making the National Security Agency a
full cooperating partner with the Central Intelligence Agency
and the Federal Bureau of Investigation in the war on
terrorism, including proposals for integrating the collection
and analytic capabilities for such agencies.
(4) Recommendations for such legislative or administrative
action as may be necessary to implement the plan.
(c) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees'' means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 10. PERSONNEL INITIATIVES FOR THE INTELLIGENCE COMMUNITY.
The Director of National Intelligence shall take appropriate
actions to require initiatives within the intelligence to improve and
enhance the quality of the personnel of the intelligence community,
including initiatives as follows:
(1) Initiatives to enhance and improve the counterterrorism
training for personnel of the intelligence community, including
expansion of such training to improve and enhance--
(A) intelligence sharing between and among
intelligence personnel and law enforcement personnel;
(B) language capabilities;
(C) the utilization of the authorities under the
Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.); and
(D) watchlisting.
(2) Other initiatives to enhance and improve the language
capabilities of the intelligence community, including--
(A) the establishment of a Civilian Linguist
Reserve Corps; and
(B) the identification and recruitment to the
intelligence community of individuals outside the
intelligence community who possess language
capabilities useful to intelligence and
counterterrorism activities.
(3) Expansion of the current Intelligence Community Reserve
Corps to include personnel outside the intelligence community
who possess expertise useful to intelligence and
counterterrorism activities.
(4) Initiatives to recruit and retain within the
intelligence community a more ethnically and culturally diverse
workforce, including initiatives to recruit and retain first-
generation Americans, and to utilize the language capabilities
of such individuals, while recognizing the counterintelligence
challenges posed by including such individuals in the
intelligence community workforce.
SEC. 11. BUDGETING AND FUNDING OF INTELLIGENCE AND COUNTERTERRORISM
ACTIVITIES.
(a) Budget Amounts for Intelligence Activities.--(1) Subsection (a)
of section 506 of the National Security Act of 1947 (50 U.S.C. 415a(a))
is amended by adding at the end the following new paragraph:
``(5) All other intelligence and intelligence-related
activities.''.
(2) The heading of that section is amended to read as follows:
``specificity of national foreign intelligence program budget
amounts''.
(b) Cost-Benefit Analyses of Allocations of Resources for
Intelligence.--(1) Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees a report on the
feasibility and advisability of providing for the conduct, by an agency
or entity outside the intelligence community, of thorough and rigorous
cost-benefit analyses of the allocations of resources for the
intelligence and intelligence-related activities of the United States
Government.
(2) If the Director determines for purposes of the report under
paragraph (1) that the conduct of cost-benefit analyses as described in
that paragraph is feasible and advisable, the report under that
paragraph shall include recommendations on the agency or entity to
conduct the cost-benefit analyses.
(3) In this subsection, the term ``congressional intelligence
communities'' means--
(A) the Select Committee on Intelligence of the Senate; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives.
(c) Flexibility in Expenditures for Counterterrorism Activities.--
Section 504 of the National Security Act of 1947 (50 U.S.C. 414) is
amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Notwithstanding subsection (a)(3), appropriated funds
available to an intelligence agency for a counterterrorism activity may
be obligated and expended for a counterterrorism activity of a similar
or higher priority if the head of the intelligence agency--
``(1) determines that the availability of such funds for
such counterterrorism activity is necessary to respond to
altered or unanticipated needs; and
``(2) notifies the appropriate congressional committees of
the intent to such funds available for such counterterrorism
activity.''.
(d) Budgeting for Counterterrorism Activities.--Title V of the
National Security Act of 1947 (50 U.S.C. 413 et seq.) is amended by
inserting after section 506 the following new section:
``budgeting and funding of counterterrorism activities
``Sec. 506A. (a) Budgeting.--In requesting funds for
counterterrorism activities under the National Foreign Intelligence
Program for a fiscal year, the President shall take into account the
requirements and priorities on counterterrorism for that fiscal year as
specified in the national strategy on combatting terrorism.
``(b) Funding.--In allocating funds for counterterrorism activities
under the National Foreign Intelligence Program for a fiscal year, the
Director of National Intelligence shall take into account the
requirements and priorities on counterterrorism for that fiscal year as
specified in the national strategy on combatting terrorism.
``(c) Practices and Procedures.--The Director shall take
appropriate actions to ensure that the budgeting and funding practices
and procedures of the intelligence community take into account the
requirements and priorities on counterterrorism as specified in the
national strategy on combatting terrorism.
``(d) National Strategy on Combatting Terrorism Defined.--In this
section, the term `national strategy on combatting terrorism' means the
most current national strategy on combatting terrorism under section
108A.''.
(e) Clerical Amendment.--The table of contents for that Act is
amended by striking the item relating to section 506 and inserting the
following new items:
``506. Specificity of National Foreign Intelligence Program budget
amounts.
``506A. Budgeting and funding of counterterrorism activities.''.
SEC. 12. REPORT ON REVISIONS TO BILATERAL AND MULTILATERAL AGREEMENTS
TO STRENGTHEN COUNTERTERRORISM EFFORTS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of State shall, in consultation with the Attorney
General, submit to the President and Congress a report on the extent to
which United States counterterrorism efforts could be strengthened by
revising extradition and mutual assistance treaties and other bilateral
and multilateral agreements, including by revising such agreements to
include as extraditable offenses visa and immigration fraud and other
offenses the enforcement of which is critical to efforts to combat and
prevent terrorism.
SEC. 13. STUDY AND RECOMMENDATIONS ON IMPROVEMENT OF CONGRESSIONAL
OVERSIGHT OF THE INTELLIGENCE COMMUNITY.
(a) Study by National Commission on Terrorist Attacks Upon the
United States.--Section 604 of the Intelligence Authorization Act for
Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2409; 6 U.S.C. 101
note) is amended--
(1) in subsection (b), by inserting ``under subsection
(a)'' after ``the intelligence community''; and
(2) by adding at the end the following new subsection:
``(c) Study on Improvement of Congressional Oversight of
Intelligence Community.--(1) In addition to the other functions of the
Commission under this section, the Commission shall conduct a study of
means by which Congress may improve its oversight of the intelligence
community and its activities.
``(2) In conducting the study, the Commission shall consider the
following:
``(A) The advisability of modifications in the budget
process for funding the intelligence community in order to
improve that process.
``(B) The advisability of modifications in the rules
regarding membership on the Select Committee on Intelligence of
the Senate and the Permanent Select Committee on Intelligence
of the House of Representatives in order to improve the
oversight of the intelligence community by such committees.
``(C) Whether or not the oversight responsibility of
Congress for the intelligence community should be vested in a
joint committee of the Senate and House of Representatives rather than
a separate committee in each house of Congress.
``(D) Whether or not decisions of the intelligence
community on the classification of information impede the
discharge of the oversight responsibility of Congress for the
intelligence community, and, if so, the advisability of
modifications to the procedures on the classification of
information in order to eliminate or reduce such impediments.
``(E) Mechanisms by which Congress may discharge the
oversight responsibility of Congress for the intelligence
community in a manner which facilitates the adaptations of the
intelligence community to changes in circumstances, including
changes in intelligence priorities, and to changes in the
requirements of policymakers.
``(F) Any other matters on the oversight responsibility of
Congress for the intelligence community that the Commission
considers appropriate.
``(3) In this subsection, the term `intelligence community' has the
meaning given that term in section 3(4) of the National Security Act of
1947 (50 U.S.C. 401(a)(4)).''.
(b) Report and Recommendations.--Section 610(b) of that Act is
amended--
(1) by inserting ``(1)'' before ``Not later than''; and
(2) by adding at the end the following paragraph:
``(2) The final report shall also include the findings of the
Commission as a result of the study under section 604(c) and any
recommendations that the Commission considers appropriate in light of
such findings.''.
SEC. 14. TREATMENT AND CLASSIFICATION OF INTELLIGENCE INFORMATION.
(a) Review of Treatment of Intelligence Information.--The President
shall review the policies and procedures that govern the classification
and availability of intelligence information (including Executive
Orders on such matters) in order to determine the advisability of
modifying or reforming such policies and procedures to--
(1) expand access to relevant intelligence information,
including making such information available, as appropriate,
to--
(A) Federal agencies outside the intelligence
community;
(B) State and local authorities, which are
instrumental in the fight against terrorism; and
(C) the American public; and
(2) ensure that policies and procedures designed to protect
against the unauthorized disclosure of classified intelligence
information are well understood, fully implemented, and
vigorously enforced.
(b) Report on Designation of Intelligence Information.--Not later
than 180 days after the date of the enactment of this Act, the Director
of National Intelligence shall, in consultation with the Secretary of
Defense, the Secretary of State, the Secretary of Homeland Security,
and the Attorney General, submit to congressional intelligence
committees a report that includes proposals for--
(1) reforming the processes and structures that govern the
designation of sensitive and classified intelligence
information; and
(2) protecting such processes from misuse and abuse.
(c) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees'' means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 15. ENHANCEMENT OF ACCOUNTABILITY OF THE INTELLIGENCE COMMUNITY
FOR THE PERFORMANCE OF INTELLIGENCE ACTIVITIES.
(a) In General.--The Director of National Intelligence and the
heads of the other elements of the intelligence community shall
separately and jointly take appropriate actions to ensure the
implementation throughout the intelligence community of mechanisms to
provide, promote, and enhance the accountability of the elements of the
intelligence community for the performance of the intelligence and
intelligence-related activities of the Federal Government.
(b) Particular Mechanisms.--The mechanisms to be implemented under
subsection (a) shall include the following:
(1) Mechanisms to identify poor performance and to affix
responsibility for such performance.
(2) Mechanisms to identify outstanding performance and to
recognize and reward such performance.
(c) Report on Mechanisms.--Not later than 180 days after the date
of the enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees a report on
the mechanisms implemented, and proposed to be implemented, under
subsection (a), including the actions taken, and proposed to be taken,
to implement such mechanisms throughout the intelligence community.
(d) Response to Reviews of Intelligence Activities Relating to
September, 11, 2001, Terrorist Attacks.--(1) The Inspector General of
each covered agency shall--
(A) review the findings and records of--
(i) the Joint Inquiry of the Select Committee on
Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of
Representatives regarding the terrorist attacks of
September 11, 2001; and
(ii) the National Commission on Terrorist Attacks
Upon the United States established by section 601 of
the Intelligence Authorization Act for Fiscal Year 2003
(Public Law 107-306; 116 Stat. 2408; 6 U.S.C. 101
note); and
(B) conduct such supplemental investigations as such
Inspector General considers appropriate in light of such
findings and records in order to determine the following:
(i) Whether, and to what extent, particular
personnel of such covered agency should be held
accountable (whether by disciplinary action, promotion,
recognition, or other reward, or other action) for an
action, omission, or failure of duty with respect to the terrorist
attacks of September 11, 2001.
(ii) Whether, and to what extent, particular
personnel of such covered agency have been, or should
be, held accountable for such action, omission, or
failure of duty.
(2) The Inspector General of each covered agency shall submit to
the head of such covered agency a report on the activities undertaken
by such Inspector General under paragraph (1). Each report shall
include recommendations for such personnel actions, including
disciplinary actions, promotions, recognitions, or other rewards, or
other personnel actions, as such Inspector General considers
appropriate.
(3) The head of each covered agency shall take such personnel
actions with respect to the personnel of such covered agency as the
head of such covered agency considers appropriate in light of the
report on such covered agency under paragraph (2).
(4) The head of each covered agency shall submit to the President
and the congressional intelligence committees a report on the personnel
actions taken under paragraph (3), including a justification for such
personnel actions.
(e) Definitions.--In this section:
(1) The term ``congressional intelligence committees''
means--
(A) the Select Committee on Intelligence of the
Senate; and
(B) the Permanent Select Committee on Intelligence
of the House of Representatives.
(2) The term ``covered agency'' means the following:
(A) The Department of Defense.
(B) The Department of Justice.
(C) The Department of State.
(D) The Central Intelligence Agency.
SEC. 16. ELIMINATION OR REDUCTION IN BARRIERS TO COLLECTION AND SHARING
OF INTELLIGENCE FOR COUNTERTERRORISM PURPOSES.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees a report that--
(1) describes current barriers to the collection and
sharing of intelligence by and within the elements of the
intelligence community for counterterrorism purposes;
(2) describes recent efforts within the intelligence
community to eliminate or reduce such barriers; and
(3) sets forth such recommendations as the Director
considers appropriate for additional actions to eliminate or
reduce such barriers, including recommendations for legislative
or administrative action.
(b) Barriers Arising From Perceptions of Law and Policy.--In
considering current barriers to the collection and sharing of
intelligence for purposes of subsection (a), the Director shall take
into account barriers that arise from inaccurate perceptions among the
personnel of the intelligence community of the restrictions on the
collection and sharing of intelligence under law, Executive orders, and
applicable guidelines.
(c) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees'' means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 17. NATIONAL TERRORIST WATCHLIST CENTER.
(a) Establishment.--The Director of National Intelligence shall
establish the National Terrorist Watchlist Center.
(b) Responsibilities.--The responsibilities of the Center shall be
as follows:
(1) To coordinate and integrate all terrorist watchlist
systems.
(2) To ensure the timely and efficient assembly and
dispersal to terrorist watchlist systems of individuals and
groups identified for inclusion in terrorist watchlist systems.
(3) To promote awareness and use of the Center by
appropriate elements of the Federal Government, State and local
governments, and the private sector.
(c) Resources.--The Director shall provide the Center with such
personnel and other resources as are required for the discharge of the
responsibilities of the Center under subsection (b).
SEC. 18. ENHANCEMENT OF EFFORTS TO IDENTIFY SUPPORT OR INVOLVEMENT OF
FOREIGN GOVERNMENTS IN TERRORIST ACTIVITIES.
(a) In General.--The Director of National Intelligence shall, in
consultation with the Director of Central Intelligence and the Director
of the Federal Bureau of Investigation, take appropriate actions to
enhance the efforts of the intelligence community to identify the
support or involvement of foreign governments in terrorist activities,
including the analysis of the activities of foreign governments on a
nation-by-nation basis rather than on a geographical or case-by-case
basis.
(b) Consideration of Results of Joint Inquiry.--In taking actions
under subsection (a), the Director of National Intelligence shall take
into account applicable findings of the Joint Inquiry of the Select
Committee on Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of Representatives regarding the
terrorist attacks of September 11, 2001.
(c) Information on Actions.--The Director of National Intelligence
shall keep the congressional intelligence committees fully informed of
the actions taken under subsection (a), including the results of such
actions.
(d) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees'' means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
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