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.

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)

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'.

END