Intelligence Reform and Terrorism Act

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Intelligence Reform and Terrorism Act

  1. 1. INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004 ________________________________________________________________________________________________________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________ [DOCID: f:hr796.108] From the House Reports Online via GPO Access [wais.access.gpo.gov] _____________________________________________________________________________________ 108th Congress Report HOUSE OF REPRESENTATIVES 2d Session 108-796 ==================================================================================== December 7, 2004.--Ordered to be printed _____________________________________________________________________________________ Mr. Hoekstra, from the committee of conference, submitted the following CONFERENCE REPORT [To accompany S. 2845] The committee of conference on the disagreeing votes of the two Houses on the amendment of the House to the bill (S. 2845), to reform the intelligence community and the intelligence and intelligence-related activities of the United States Government, and for other purposes, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: That the Senate recede from its disagreement to the amendment of the House and agree to the same with an amendment as follows: In lieu of the matter proposed to be inserted by the House amendment, insert the following:SECTION 1. SHORT TITLE; TABLE OF(a) Short Title.--This Act may be cited as the ``Intelligence Reform and TerrorismPrevention Act of 2004.(b) Table of --The table of for this Act is as follows:TABLE OFTITLE I--REFORM OF THE INTELLIGENCE COMMUNITYSec. 1001. Short title.Subtitle A--Establishment of Director of National IntelligenceSec. 1011. Reorganization and improvement of management of intelligence community.Sec. 1012. Revised definition of national intelligence.Sec. 1013. Joint procedures for operational coordination between Department of Defense and Central IntelligenceAgency.Sec. 1014. Role of Director of National Intelligence in appointment of certain officials responsible for intelligencerelatedactivities.Sec. 1015. Executive Schedule matters.Sec. 1016. Information sharing.Sec. 1017. Alternative analysis of intelligence by the intelligence community.Sec. 1018. Presidential guidelines on implementation and preservation of authorities.Sec. 1019. Assignment of responsibilities relating to analytic integrity.Sec. 1020. Safeguard of objectivity in intelligence analysis.Subtitle B--National Counterterrorism Center, National Counter Proliferation Center, and National IntelligenceCentersSec. 1021. National Counterterrorism Center.Sec. 1022. National Counter Proliferation Center.Sec. 1023. National intelligence centers.Subtitle C--Joint Intelligence Community CouncilSec. 1031. Joint Intelligence Community Council.Subtitle D--Improvement of Education for the Intelligence CommunitySec. 1041. Additional education and training requirements.Sec. 1042. Cross-disciplinary education and training.Sec. 1043. Intelligence Community Scholarship Program.Subtitle E--Additional Improvements of Intelligence ActivitiesSec. 1051. Service and national laboratories and the intelligence community.Sec. 1052. Open-source intelligence.Sec. 1053. National Intelligence Reserve Corps.Subtitle F--Privacy and Civil LibertiesSec. 1061. Privacy and Civil Liberties Oversight Board.
  2. 2. Sec. 1062. Sense of Congress on designation of privacy and civil liberties officers.Subtitle G--Conforming and Other AmendmentsSec. 1071. Conforming amendments relating to roles of Director of National Intelligence and Director of the CentralIntelligence Agency.Sec. 1072. Other conforming amendments.Sec. 1073. Elements of intelligence community under National Security Act of 1947.Sec. 1074. Redesignation of National Foreign Intelligence Program as National Intelligence Program.Sec. 1075. Repeal of superseded authority.Sec. 1076. Clerical amendments to National Security Act of 1947.Sec. 1077. Conforming amendments relating to prohibiting dual service of the Director of the Central IntelligenceAgency.Sec. 1078. Authority to establish inspector general for the Office of the Director of National Intelligence.Sec. 1079. Ethics matters.Sec. 1080. Construction of authority of Director of National Intelligence to acquire and manage property andservices.Sec. 1081. General references.Subtitle H--Transfer, Termination, Transition, and Other ProvisionsSec. 1091. Transfer of Community Management Staff.Sec. 1092. Transfer of Terrorist Threat Integration Center.Sec. 1093. Termination of positions of Assistant Directors of Central Intelligence.Sec. 1094. Implementation plan.Sec. 1095. Director of National Intelligence report on implementation of intelligence community reform.Sec. 1096. Transitional authorities.Sec. 1097. Effective dates.Subtitle I--Other MattersSec. 1101. Study of promotion and professional military education school selection rates for military intelligenceofficers.Sec. 1102. Extension and improvement of authorities of Public Interest Declassification Board.Sec. 1103. Severability.TITLE II--FEDERAL BUREAU OF INVESTIGATIONSec. 2001. Improvement of intelligence capabilities of the Federal Bureau of Investigation.Sec. 2002. Directorate of Intelligence of the Federal Bureau of Investigation.Sec. 2003. Federal Bureau of Investigation intelligence career service.Sec. 2004. Federal Bureau of Investigation Reserve Service.Sec. 2005. Federal Bureau of Investigation mandatory separation age.Sec. 2006. Federal Bureau of Investigation use of translators.TITLE III--SECURITY CLEARANCESSec. 3001. Security clearances.TITLE IV--TRANSPORTATION SECURITYSubtitle A--National Strategy for Transportation SecuritySec. 4001. National Strategy for Transportation Security.Subtitle B--Aviation SecuritySec. 4011. Provision for the use of biometric or other technology.Sec. 4012. Advanced airline passenger prescreening.Sec. 4013. Deployment and use of detection equipment at airport screening checkpoints.Sec. 4014. Advanced airport checkpoint screening devices.Sec. 4015. Improvement of screener job performance.Sec. 4016. Federal air marshals.Sec. 4017. International agreements to allow maximum deployment of Federal air marshals.Sec. 4018. Foreign air marshal training.Sec. 4019. In-line checked baggage screening.Sec. 4020. Checked baggage screening area monitoring.Sec. 4021. Wireless communication.Sec. 4022. Improved pilot licenses.Sec. 4023. Aviation security staffing.Sec. 4024. Improved explosive detection systems.Sec. 4025. Prohibited items list.Sec. 4026. Man-Portable Air Defense Systems (MANPADs).Sec. 4027. Technical corrections.Sec. 4028. Report on secondary flight deck barriers.Sec. 4029. Extension of authorization of aviation security funding.Subtitle C--Air Cargo SecuritySec. 4051. Pilot program to evaluate use of blast resistant cargo and baggage containers.Sec. 4052. Air cargo security.Sec. 4053. Air cargo security regulations.Sec. 4054. Report on international air cargo threats.Subtitle D--Maritime SecuritySec. 4071. Watch lists for passengers aboard vessels.Sec. 4072. Deadlines for completion of certain plans, reports, and assessments.Subtitle E--General ProvisionsSec. 4081. Definitions.Sec. 4082. Effective date.TITLE V--BORDER PROTECTION, IMMIGRATION, AND VISA MATTERS
  3. 3. Subtitle A--Advanced Technology Northern Border Security Pilot ProgramSec. 5101. Establishment.Sec. 5102. Program requirements.Sec. 5103. Administrative provisions.Sec. 5104. Report.Sec. 5105. Authorization of appropriations.Subtitle B--Border and Immigration EnforcementSec. 5201. Border surveillance.Sec. 5202. Increase in full-time Border Patrol agents.Sec. 5203. Increase in full-time immigration and customs enforcement investigators.Sec. 5204. Increase in detention bed space.Subtitle C--Visa RequirementsSec. 5301. In person interviews of visa applicants.Sec. 5302. Visa application requirements.Sec. 5303. Effective date.Sec. 5304. Revocation of visas and other travel documentation.Subtitle D--Immigration ReformSec. 5401. Bringing in and harboring certain aliens.Sec. 5402. Deportation of aliens who have received military-type training from terrorist organizations.Sec. 5403. Study and report on terrorists in the asylum system.Subtitle E--Treatment of Aliens Who Commit Acts of Torture, Extrajudicial Killings, or Other Atrocities AbroadSec. 5501. Inadmissibility and deportability of aliens who have committed acts of torture or extrajudicial killingsabroad.Sec. 5502. Inadmissibility and deportability of foreign government officials who have committed particularly severeviolations of religious freedom.Sec. 5503. Waiver of inadmissibility.Sec. 5504. Bar to good moral character for aliens who have committed acts of torture, extrajudicial killings, or severeviolations of religious freedom.Sec. 5505. Establishment of the Office of Special Investigations.Sec. 5506. Report on implementation.TITLE VI--TERRORISM PREVENTIONSubtitle A--Individual Terrorists as Agents of Foreign PowersSec. 6001. Individual terrorists as agents of foreign powers.Sec. 6002. Additional semiannual reporting requirements under the Foreign Intelligence Surveillance Act of 1978.Subtitle B--Money Laundering and Terrorist FinancingSec. 6101. Additional authorization for finCEN.Sec. 6102. Money laundering and financial crimes strategy reauthorization.Subtitle C--Money Laundering Abatement and Financial Antiterrorism Technical CorrectionsSec. 6201. Short title.Sec. 6202. Technical corrections to Public Law 107-56.Sec. 6203. Technical corrections to other provisions of law.Sec. 6204. Repeal of review.Sec. 6205. Effective date.Subtitle D--Additional Enforcement ToolsSec. 6301. Bureau of Engraving and Printing security printing.Sec. 6302. Reporting of certain cross-border transmittal of funds.Sec. 6303. Terrorism financing.Subtitle E--Criminal History Background ChecksSec. 6401. Protect Act.Sec. 6402. Reviews of criminal records of applicants for private security officer employment.Sec. 6403. Criminal history background checks.Subtitle F--Grand Jury Information SharingSec. 6501. Grand jury information sharing.Subtitle G--Providing Material Support to TerrorismSec. 6601. Short title.Sec. 6602. Receiving military-type training from a foreign terrorist organization.Sec. 6603. Additions to offense of providing material support to terrorism.Sec. 6604. Financing of terrorism.Subtitle H--Stop Terrorist and Military Hoaxes Act of 2004Sec. 6701. Short title.Sec. 6702. Hoaxes and recovery costs.Sec. 6703. Obstruction of justice and false statements in terrorism cases.Sec. 6704. Clarification of definition.Subtitle I--Weapons of Mass Destruction Prohibition Improvement Act of 2004Sec. 6801. Short title.Sec. 6802. Weapons of mass destruction.Sec. 6803. Participation in nuclear and weapons of mass destruction threats to the United States.Subtitle J--Prevention of Terrorist Access to Destructive Weapons Act of 2004Sec. 6901. Short title.Sec. 6902. Findings and purpose.Sec. 6903. Missile systems designed to destroy aircraft.Sec. 6904. Atomic weapons.Sec. 6905. Radiological dispersal devices.
  4. 4. Sec. 6906. Variola virus.Sec. 6907. Interception of communications.Sec. 6908. Amendments to section 2332b(g)(5)(b) of title 18, United States Code.Sec. 6909. Amendments to section 1956(c)(7)(d) of title 18, United States Code.Sec. 6910. Export licensing process.Sec. 6911. Clerical amendments.Subtitle K--Pretrial Detention of TerroristsSec. 6951. Short title.Sec. 6952. Presumption for pretrial detention in cases involving terrorism.TITLE VII--IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONSSec. 7001. Short title.Subtitle A--Diplomacy, Foreign Aid, and the Military in the War on TerrorismSec. 7101. Findings.Sec. 7102. Terrorist sanctuaries.Sec. 7103. United States commitment to the future of Pakistan.Sec. 7104. Assistance for Afghanistan.Sec. 7105. The relationship between the United States and Saudi Arabia.Sec. 7106. Efforts to combat Islamist terrorism.Sec. 7107. United States policy toward dictatorships.Sec. 7108. Promotion of free media and other American values.Sec. 7109. Public diplomacy responsibilities of the Department of State.Sec. 7110. Public diplomacy training.Sec. 7111. Promoting democracy and human rights at international organizations.Sec. 7112. Expansion of United States scholarship and exchange programs in the Islamic world.Sec. 7112. Pilot program to provide grants to American-sponsored schools in predominantly Muslim countries toprovide scholarships.Sec. 7113. International Youth Opportunity Fund.Sec. 7114. The use of economic policies to combat terrorism.Sec. 7115. Middle East partnership initiative.Sec. 7116. Comprehensive coalition strategy for fighting terrorism.Sec. 7117. Financing of terrorism.Sec. 7118. Designation of foreign terrorist organizations.Sec. 7119. Report to Congress.Sec. 7120. Case-Zablocki Act requirements.Sec. 7121. Effective date.Subtitle B--Terrorist Travel and Effective ScreeningSec. 7201. Counterterrorist travel intelligence.Sec. 7202. Establishment of human smuggling and trafficking center.Sec. 7203. Responsibilities and functions of consular officers.Sec. 7204. International agreements to track and curtail terrorist travel through the use of fraudulently obtaineddocuments.Sec. 7205. International standards for transliteration of names into the Roman alphabet for international traveldocuments and name-based watchlist systems.Sec. 7206. Immigration security initiative.Sec. 7207. Certification regarding technology for visa waiver participants.Sec. 7208. Biometric entry and exit data system.Sec. 7209. Travel documents.Sec. 7210. Exchange of terrorist information and increased preinspection at foreign airports.Sec. 7211. Minimum standards for birth certificates.Sec. 7212. Drivers licenses and personal identification cards.Sec. 7213. Social security cards and numbers.Sec. 7214. Prohibition of the display of social security account numbers on drivers licenses or motor vehicleregistrations.Sec. 7215. Terrorist travel program.Sec. 7216. Increase in penalties for fraud and related activity.Sec. 7217. Study on allegedly lost or stolen passports.Sec. 7218. Establishment of visa and passport security program in the Department of State.Sec. 7219. Effective date.Sec. 7220. Identification standards.Subtitle C--National PreparednessSec. 7301. The incident command system.Sec. 7302. National capital region mutual aid.Sec. 7303. Enhancement of public safety communications interoperability.Sec. 7304. Regional model strategic plan pilot projects.Sec. 7305. Private sector preparedness.Sec. 7306. Critical infrastructure and readiness assessments.Sec. 7307. Northern command and defense of the United States homeland.Sec. 7308. Effective date.Subtitle D--Homeland SecuritySec. 7401. Sense of Congress on first responder funding.Sec. 7402. Coordination of industry efforts.Sec. 7403. Study regarding nationwide emergency notification system.Sec. 7404. Pilot study to move warning systems into the modern digital age.
  5. 5. Sec. 7405. Required coordination.Sec. 7406. Emergency preparedness compacts.Sec. 7407. Responsibilities of counternarcotics office.Sec. 7408. Use of counternarcotics enforcement activities in certain employee performance appraisals.Subtitle E--Public Safety SpectrumSec. 7501. Digital television conversion deadline.Sec. 7502. Studies on telecommunications capabilities and requirements.Subtitle F--Presidential TransitionSec. 7601. Presidential transition.Subtitle G--Improving International Standards and Cooperation to Fight Terrorist FinancingSec. 7701. Improving international standards and cooperation to fight terrorist financing.Sec. 7702. Definitions.Sec. 7703. Expanded reporting and testimony requirements for the Secretary of the Treasury.Sec. 7704. Coordination of United States Government efforts.Subtitle H--Emergency Financial PreparednessSec. 7801. Delegation authority of the Secretary of the Treasury.Sec. 7802. Treasury support for financial services industry preparedness and response and consumer education.Sec. 7803. Emergency Securities Response Act of 2004.Sec. 7804. Private sector preparedness.TITLE VIII--OTHER MATTERSSubtitle A--Intelligence MattersSec. 8101. Intelligence community use of National Infrastructure Simulation and Analysis Center.Subtitle B--Department of Homeland Security MattersSec. 8201. Homeland security geospatial information.Subtitle C--Homeland Security Civil Rights and Civil Liberties ProtectionSec. 8301. Short title.Sec. 8302. Mission of Department of Homeland Security.Sec. 8303. Officer for Civil Rights and Civil Liberties.Sec. 8304. Protection of civil rights and civil liberties by Office of Inspector General.Sec. 8305. Privacy officer.Sec. 8306. Protections for human research subjects of the Department of Homeland Security.Subtitle D--Other MattersSec. 8401. Amendments to Clinger-Cohen Act provisions to enhance agency planning for information securityneeds.Sec. 8402. Enterprise architecture.Sec. 8403. Financial disclosure and records.Sec. 8404. Extension of requirement for air carriers to honor tickets for suspended air passenger service.Joint Explanatory Statement of the Committee of the Conference_________________________________________________________________________________________________About.This database contains the text of the Intelligence Reform and Terrorism Prevention Act of 2004. You can use the powerful searchcapabilities of askSam to find keywords and phrases throughout the report.Detailed InformationCongressional Reports: H.Rpt. 108-796 - Intelligence Reform and Terrorism Prevention Act of 2004. Conference Report (toaccompany S. 2845) S. 2845, the Intelligence Reform and Terrorism Prevention Act of 2004, was passed in the House ofRepresentatives on 12/07/04, with a vote of 336-75. It was passed in the Senate on 12/08/04, with a vote of 89-2. The IntelligenceReform and Terrorism Prevention Act of 2004, Conference Report (to accompany S. 2845) is being made available as it has beenprinted by Government Printing Office.The Full Conference Report (625 KB, 244 pages) has been made available in its entirety, as a single PDF file. GPO has refined thefull Conference Report by adding bookmarks to it and optimizing it for the web. In addition, the entire report is also available in TEXTformat (821 KB). Because of its large size, the Conference Report is also available as a collection of smaller PDFs arranged in thebrowse table below based on its table of The document has been broken down this way to allow for easier download andwider access.These versions can be accessed at:http://www.gpoaccess.gov/serialset/creports/intel_reform.html###SEC. 1001. SHORT TITLE._________________________________________________________________________________________________TITLE I--REFORM OF THE INTELLIGENCE COMMUNITYSEC. 1001. SHORT TITLE.This title may be cited as the ``National SecurityIntelligence Reform Act of 2004._________________________________________________________________________________________________SEC. 1011. REORGANIZATION AND IMPROVEMENT OF MANAGEMENT OF INTELLIGENCE COMMUNITY._________________________________________________________________________________________________
  6. 6. Subtitle A--Establishment of Director of National IntelligenceSEC. 1011. REORGANIZATION AND IMPROVEMENT OF MANAGEMENT OF INTELLIGENCE COMMUNITY.(a) In General.--Title I of the National Security Act of1947 (50 U.S.C. 402 et seq.) is amended by striking sections102 through 104 and inserting the following new sections:``DIRECTOR OF NATIONAL INTELLIGENCE``Sec. 102. (a) Director of National Intelligence.--(1)There is a Director of National Intelligence who shall beappointed by the President, by and with the advice and consentof the Senate. Any individual nominated for appointment asDirector of National Intelligence shall have extensive nationalsecurity expertise.``(2) The Director of National Intelligence shall not belocated within the Executive Office of the President.``(b) Principal Responsibility.--Subject to the authority,direction, and control of the President, the Director ofNational Intelligence shall--``(1) serve as head of the intelligence community;``(2) act as the principal adviser to thePresident, to the National Security Council, and theHomeland Security Council for intelligence mattersrelated to the national security; and``(3) consistent with section 1018 of the NationalSecurity Intelligence Reform Act of 2004, oversee anddirect the implementation of the National IntelligenceProgram.``(c) Prohibition on Dual Service.--The individual servingin the position of Director of National Intelligence shall not,while so serving, also serve as the Director of the CentralIntelligence Agency or as the head of any other element of theintelligence community.``RESPONSIBILITIES AND AUTHORITIES OF THE DIRECTOR OF NATIONALINTELLIGENCE``Sec. 102A. (a) Provision of Intelligence.--(1) TheDirector of National Intelligence shall be responsible forensuring that national intelligence is provided--``(A) to the President;``(B) to the heads of departments and agencies ofthe executive branch;``(C) to the Chairman of the Joint Chiefs of Staffand senior military commanders;``(D) to the Senate and House of Representativesand the committees thereof; and``(E) to such other persons as the Director ofNational Intelligence determines to be appropriate.``(2) Such national intelligence should be timely,objective, independent of political considerations, and basedupon all sources available to the intelligence community andother appropriate entities.``(b) Access to Intelligence.--Unless otherwise directed bythe President, the Director of National Intelligence shall haveaccess to all national intelligence and intelligence related tothe national security which is collected by any Federaldepartment, agency, or other entity, except as otherwiseprovided by law or, as appropriate, under guidelines agreedupon by the Attorney General and the Director of NationalIntelligence.``(c) Budget Authorities.--(1) With respect to budgetrequests and appropriations for the National IntelligenceProgram, the Director of National Intelligence shall--``(A) based on intelligence priorities set by thePresident, provide to the heads of departmentscontaining agencies or organizations within theintelligence community, and to the heads of suchagencies and organizations, guidance for developing theNational Intelligence Program budget pertaining to suchagencies and organizations;``(B) based on budget proposals provided to theDirector of National Intelligence by the heads ofagencies and organizations within the intelligencecommunity and the heads of their respective departmentsand, as appropriate, after obtaining the advice of the
  7. 7. Joint Intelligence Community Council, develop anddetermine an annual consolidated National IntelligenceProgram budget; and``(C) present such consolidated NationalIntelligence Program budget, together with any commentsfrom the heads of departments containing agencies ororganizations within the intelligence community, to thePresident for approval.``(2) In addition to the information provided underparagraph (1)(B), the heads of agencies and organizationswithin the intelligence community shall provide the Director ofNational Intelligence such other information as the Directorshall request for the purpose of determining the annualconsolidated National Intelligence Program budget under thatparagraph.``(3)(A) The Director of National Intelligence shallparticipate in the development by the Secretary of Defense ofthe annual budgets for the Joint Military Intelligence Programand for Tactical Intelligence and Related Activities.``(B) The Director of National Intelligence shall provideguidance for the development of the annual budget for eachelement of the intelligence community that is not within theNational Intelligence Program.``(4) The Director of National Intelligence shall ensurethe effective execution of the annual budget for intelligenceand intelligence-related activities.``(5)(A) The Director of National Intelligence shall beresponsible for managing appropriations for the NationalIntelligence Program by directing the allotment or allocationof such appropriations through the heads of the departmentscontaining agencies or organizations within the intelligencecommunity and the Director of the Central Intelligence Agency,with prior notice (including the provision of appropriatesupporting information) to the head of the departmentcontaining an agency or organization receiving any suchallocation or allotment or the Director of the CentralIntelligence Agency.``(B) Notwithstanding any other provision of law, pursuantto relevant appropriations Acts for the National IntelligenceProgram, the Director of the Office of Management and Budgetshall exercise the authority of the Director of the Office ofManagement and Budget to apportion funds, at the exclusivedirection of the Director of National Intelligence, forallocation to the elements of the intelligence communitythrough the relevant host executive departments and the CentralIntelligence Agency. Department comptrollers or appropriatebudget execution officers shall allot, allocate, reprogram, ortransfer funds appropriated for the National IntelligenceProgram in an expeditious manner.``(C) The Director of National Intelligence shall monitorthe implementation and execution of the National IntelligenceProgram by the heads of the elements of the intelligencecommunity that manage programs and activities that are part ofthe National Intelligence Program, which may include audits andevaluations.``(6) Apportionment and allotment of funds under thissubsection shall be subject to chapter 13 and section 1517 oftitle 31, United States Code, and the Congressional Budget andImpoundment Control Act of 1974 (2 U.S.C. 621 et seq.).``(7)(A) The Director of National Intelligence shallprovide a semi-annual report, beginning April 1, 2005, andending April 1, 2007, to the President and the Congressregarding implementation of this section.``(B) The Director of National Intelligence shall report tothe President and the Congress not later than 15 days afterlearning of any instance in which a departmental comptrolleracts in a manner inconsistent with the law (including permanentstatutes, authorization Acts, and appropriations Acts), or thedirection of the Director of National Intelligence, in carryingout the National Intelligence Program.``(d) Role of Director of National Intelligence in Transferand Reprogramming of Funds.--(1)(A) No funds made availableunder the National Intelligence Program may be transferred or
  8. 8. reprogrammed without the prior approval of the Director ofNational Intelligence, except in accordance with proceduresprescribed by the Director of National Intelligence.``(B) The Secretary of Defense shall consult with theDirector of National Intelligence before transferring orreprogramming funds made available under the Joint MilitaryIntelligence Program.``(2) Subject to the succeeding provisions of thissubsection, the Director of National Intelligence may transferor reprogram funds appropriated for a program within theNational Intelligence Program to another such program.``(3) The Director of National Intelligence may onlytransfer or reprogram funds referred to in subparagraph (A)--``(A) with the approval of the Director of theOffice of Management and Budget; and``(B) after consultation with the heads ofdepartments containing agencies or organizations withinthe intelligence community to the extent such agenciesor organizations are affected, and, in the case of theCentral Intelligence Agency, after consultation withthe Director of the Central Intelligence Agency.``(4) The amounts available for transfer or reprogrammingin the National Intelligence Program in any given fiscal year,and the terms and conditions governing such transfers andreprogrammings, are subject to the provisions of annualappropriations Acts and this subsection.``(5)(A) A transfer or reprogramming of funds or personnelmay be made under this subsection only if--``(i) the funds are being transferred to anactivity that is a higher priority intelligenceactivity;``(ii) the transfer or reprogramming supports anemergent need, improves program effectiveness, orincreases efficiency;``(iii) the transfer or reprogramming does notinvolve a transfer or reprogramming of funds to aReserve for Contingencies of the Director of NationalIntelligence or the Reserve for Contingencies of theCentral Intelligence Agency;``(iv) the transfer or reprogramming results in acumulative transfer or reprogramming of funds out ofany department or agency, as appropriate, funded in theNational Intelligence Program in a single fiscal year--``(I) that is less than $150,000,000, and``(II) that is less than 5 percent ofamounts available to a department or agencyunder the National Intelligence Program; and``(v) the transfer or reprogramming does notterminate an acquisition program.``(B) A transfer or reprogramming may be made withoutregard to a limitation set forth in clause (iv) or (v) ofsubparagraph (A) if the transfer has the concurrence of thehead of the department involved or the Director of the CentralIntelligence Agency (in the case of the Central IntelligenceAgency). The authority to provide such concurrence may only bedelegated by the head of the department or agency involved tothe deputy of such officer.``(6) Funds transferred or reprogrammed under thissubsection shall remain available for the same period as theappropriations account to which transferred or reprogrammed.``(7) Any transfer or reprogramming of funds under thissubsection shall be carried out in accordance with existingprocedures applicable to reprogramming notifications for theappropriate congressional committees. Any proposed transfer orreprogramming for which notice is given to the appropriatecongressional committees shall be accompanied by a reportexplaining the nature of the proposed transfer or reprogrammingand how it satisfies the requirements of this subsection. Inaddition, the congressional intelligence committees shall bepromptly notified of any transfer or reprogramming of fundsmade pursuant to this subsection in any case in which thetransfer or reprogramming would not have otherwise requiredreprogramming notification under procedures in effect as of the
  9. 9. date of the enactment of this subsection.``(e) Transfer of Personnel.--(1)(A) In addition to anyother authorities available under law for such purposes, in thefirst twelve months after establishment of a new nationalintelligence center, the Director of National Intelligence,with the approval of the Director of the Office of Managementand Budget and in consultation with the congressionalcommittees of jurisdiction referred to in subparagraph (B), maytransfer not more than 100 personnel authorized for elements ofthe intelligence community to such center.``(B) The Director of National Intelligence shall promptlyprovide notice of any transfer of personnel made pursuant tothis paragraph to--``(i) the congressional intelligence committees;``(ii) the Committees on Appropriations of theSenate and the House of Representatives;``(iii) in the case of the transfer of personnel toor from the Department of Defense, the Committees onArmed Services of the Senate and the House ofRepresentatives; and``(iv) in the case of the transfer of personnel toor from the Department of Justice, to the Committees onthe Judiciary of the Senate and the House ofRepresentatives.``(C) The Director shall include in any notice undersubparagraph (B) an explanation of the nature of the transferand how it satisfies the requirements of this subsection.``(2)(A) The Director of National Intelligence, with theapproval of the Director of the Office of Management and Budgetand in accordance with procedures to be developed by theDirector of National Intelligence and the heads of thedepartments and agencies concerned, may transfer personnelauthorized for an element of the intelligence community toanother such element for a period of not more than 2 years.``(B) A transfer of personnel may be made under thisparagraph only if--``(i) the personnel are being transferred to anactivity that is a higher priority intelligenceactivity; and``(ii) the transfer supports an emergent need,improves program effectiveness, or increasesefficiency.``(C) The Director of National Intelligence shall promptlyprovide notice of any transfer of personnel made pursuant tothis paragraph to--``(i) the congressional intelligence committees;``(ii) in the case of the transfer of personnel toor from the Department of Defense, the Committees onArmed Services of the Senate and the House ofRepresentatives; and``(iii) in the case of the transfer of personnel toor from the Department of Justice, to the Committees onthe Judiciary of the Senate and the House ofRepresentatives.``(D) The Director shall include in any notice undersubparagraph (C) an explanation of the nature of the transferand how it satisfies the requirements of this paragraph.``(3) It is the sense of Congress that--``(A) the nature of the national security threatsfacing the United States will continue to challenge theintelligence community to respond rapidly and flexiblyto bring analytic resources to bear against emergingand unforeseen requirements;``(B) both the Office of the Director of NationalIntelligence and any analytic centers determined to benecessary should be fully and properly supported withappropriate levels of personnel resources and that thePresidents yearly budget requests adequately supportthose needs; and``(C) the President should utilize all legal andadministrative discretion to ensure that the Directorof National Intelligence and all other elements of theintelligence community have the necessary resources and
  10. 10. procedures to respond promptly and effectively toemerging and unforeseen national security challenges.``(f) Tasking and Other Authorities.--(1)(A) The Directorof National Intelligence shall--``(i) establish objectives, priorities, andguidance for the intelligence community to ensuretimely and effective collection, processing, analysis,and dissemination (including access by users tocollected data consistent with applicable law and, asappropriate, the guidelines referred to in subsection(b) and analytic products generated by or within theintelligence community) of national intelligence;``(ii) determine requirements and priorities for,and manage and direct the tasking of, collection,analysis, production, and dissemination of nationalintelligence by elements of the intelligence community,including--``(I) approving requirements (includingthose requirements responding to needs providedby consumers) for collection and analysis; and``(II) resolving conflicts in collectionrequirements and in the tasking of nationalcollection assets of the elements of theintelligence community; and``(iii) provide advisory tasking to intelligenceelements of those agencies and departments not withinthe National Intelligence Program.``(B) The authority of the Director of NationalIntelligence under subparagraph (A) shall not apply--``(i) insofar as the President so directs;``(ii) with respect to clause (ii) of subparagraph(A), insofar as the Secretary of Defense exercisestasking authority under plans or arrangements agreedupon by the Secretary of Defense and the Director ofNational Intelligence; or``(iii) to the direct dissemination of informationto State government and local government officials andprivate sector entities pursuant to sections 201 and892 of the Homeland Security Act of 2002 (6 U.S.C. 121,482).``(2) The Director of National Intelligence shall overseethe National Counterterrorism Center and may establish suchother national intelligence centers as the Director determinesnecessary.``(3)(A) The Director of National Intelligence shallprescribe, in consultation with the heads of other agencies orelements of the intelligence community, and the heads of theirrespective departments, personnel policies and programsapplicable to the intelligence community that--``(i) encourage and facilitate assignments anddetails of personnel to national intelligence centers,and between elements of the intelligence community;``(ii) set standards for education, training, andcareer development of personnel of the intelligencecommunity;``(iii) encourage and facilitate the recruitmentand retention by the intelligence community of highlyqualified individuals for the effective conduct ofintelligence activities;``(iv) ensure that the personnel of theintelligence community are sufficiently diverse forpurposes of the collection and analysis of intelligencethrough the recruitment and training of women,minorities, and individuals with diverse ethnic,cultural, and linguistic backgrounds;``(v) make service in more than one element of theintelligence community a condition of promotion to suchpositions within the intelligence community as theDirector shall specify; and``(vi) ensure the effective management ofintelligence community personnel who are responsiblefor intelligence community-wide matters.``(B) Policies prescribed under subparagraph (A) shall not
  11. 11. be inconsistent with the personnel policies otherwiseapplicable to members of the uniformed services.``(4) The Director of National Intelligence shall ensurecompliance with the Constitution and laws of the United Statesby the Central Intelligence Agency and shall ensure suchcompliance by other elements of the intelligence communitythrough the host executive departments that manage the programsand activities that are part of the National IntelligenceProgram.``(5) The Director of National Intelligence shall ensurethe elimination of waste and unnecessary duplication within theintelligence community.``(6) The Director of National Intelligence shall establishrequirements and priorities for foreign intelligenceinformation to be collected under the Foreign IntelligenceSurveillance Act of 1978 (50 U.S.C. 1801 et seq.), and provideassistance to the Attorney General to ensure that informationderived from electronic surveillance or physical searches underthat Act is disseminated so it may be used efficiently andeffectively for national intelligence purposes, except that theDirector shall have no authority to direct or undertakeelectronic surveillance or physical search operations pursuantto that Act unless authorized by statute or Executive order.``(7) The Director of National Intelligence shall performsuch other functions as the President may direct.``(8) Nothing in this title shall be construed as affectingthe role of the Department of Justice or the Attorney Generalunder the Foreign Intelligence Surveillance Act of 1978.``(g) Intelligence Information Sharing.--(1) The Directorof National Intelligence shall have principal authority toensure maximum availability of and access to intelligenceinformation within the intelligence community consistent withnational security requirements. The Director of NationalIntelligence shall--``(A) establish uniform security standards andprocedures;``(B) establish common information technologystandards, protocols, and interfaces;``(C) ensure development of information technologysystems that include multi-level security andintelligence integration capabilities;``(D) establish policies and procedures to resolveconflicts between the need to share intelligenceinformation and the need to protect intelligencesources and methods;``(E) develop an enterprise architecture for theintelligence community and ensure that elements of theintelligence community comply with such architecture;and``(F) have procurement approval authority over allenterprise architecture-related information technologyitems funded in the National Intelligence Program.``(2) The President shall ensure that the Director ofNational Intelligence has all necessary support and authoritiesto fully and effectively implement paragraph (1).``(3) Except as otherwise directed by the President or withthe specific written agreement of the head of the department oragency in question, a Federal agency or official shall not beconsidered to have met any obligation to provide anyinformation, report, assessment, or other material (includingunevaluated intelligence information) to that department oragency solely by virtue of having provided that information,report, assessment, or other material to the Director ofNational Intelligence or the National Counterterrorism Center.``(4) Not later than February 1 of each year, the Directorof National Intelligence shall submit to the President and tothe Congress an annual report that identifies any statute,regulation, policy, or practice that the Director believesimpedes the ability of the Director to fully and effectivelyimplement paragraph (1).``(h) Analysis.--To ensure the most accurate analysis ofintelligence is derived from all sources to support nationalsecurity needs, the Director of National Intelligence shall--
  12. 12. ``(1) implement policies and procedures--``(A) to encourage sound analytic methodsand tradecraft throughout the elements of theintelligence community;``(B) to ensure that analysis is based uponall sources available; and``(C) to ensure that the elements of theintelligence community regularly conductcompetitive analysis of analytic products,whether such products are produced by ordisseminated to such elements;``(2) ensure that resource allocation forintelligence analysis is appropriately proportional toresource allocation for intelligence collection systemsand operations in order to maximize analysis of allcollected data;``(3) ensure that differences in analytic judgmentare fully considered and brought to the attention ofpolicymakers; and``(4) ensure that sufficient relationships areestablished between intelligence collectors andanalysts to facilitate greater understanding of theneeds of analysts.``(i) Protection of Intelligence Sources and Methods.--(1)The Director of National Intelligence shall protectintelligence sources and methods from unauthorized disclosure.``(2) Consistent with paragraph (1), in order to maximizethe dissemination of intelligence, the Director of NationalIntelligence shall establish and implement guidelines for theintelligence community for the following purposes:``(A) Classification of information underapplicable law, Executive orders, or other Presidentialdirectives.``(B) Access to and dissemination of intelligence,both in final form and in the form when initiallygathered.``(C) Preparation of intelligence products in sucha way that source information is removed to allow fordissemination at the lowest level of classificationpossible or in unclassified form to the extentpracticable.``(3) The Director may only delegate a duty or authoritygiven the Director under this subsection to the PrincipalDeputy Director of National Intelligence.``(j) Uniform Procedures for Sensitive CompartmentedInformation.--The Director of National Intelligence, subject tothe direction of the President, shall--``(1) establish uniform standards and proceduresfor the grant of access to sensitive compartmentedinformation to any officer or employee of any agency ordepartment of the United States and to employees ofcontractors of those agencies or departments;``(2) ensure the consistent implementation of thosestandards and procedures throughout such agencies anddepartments;``(3) ensure that security clearances granted byindividual elements of the intelligence community arerecognized by all elements of the intelligencecommunity, and under contracts entered into by thoseagencies; and``(4) ensure that the process for investigation andadjudication of an application for access to sensitivecompartmented information is performed in the mostexpeditious manner possible consistent with applicablestandards for national security.``(k) Coordination With Foreign Governments.--Under thedirection of the President and in a manner consistent withsection 207 of the Foreign Service Act of 1980 (22 U.S.C.3927), the Director of National Intelligence shall oversee thecoordination of the relationships between elements of theintelligence community and the intelligence or securityservices of foreign governments or international organizationson all matters involving intelligence related to the national
  13. 13. security or involving intelligence acquired through clandestinemeans.``(l) Enhanced Personnel Management.--(1)(A) The Directorof National Intelligence shall, under regulations prescribed bythe Director, provide incentives for personnel of elements ofthe intelligence community to serve--``(i) on the staff of the Director of NationalIntelligence;``(ii) on the staff of the national intelligencecenters;``(iii) on the staff of the NationalCounterterrorism Center; and``(iv) in other positions in support of theintelligence community management functions of theDirector.``(B) Incentives under subparagraph (A) may includefinancial incentives, bonuses, and such other awards andincentives as the Director considers appropriate.``(2)(A) Notwithstanding any other provision of law, thepersonnel of an element of the intelligence community who areassigned or detailed under paragraph (1)(A) to service underthe Director of National Intelligence shall be promoted atrates equivalent to or better than personnel of such elementwho are not so assigned or detailed.``(B) The Director may prescribe regulations to carry outthis section.``(3)(A) The Director of National Intelligence shallprescribe mechanisms to facilitate the rotation of personnel ofthe intelligence community through various elements of theintelligence community in the course of their careers in orderto facilitate the widest possible understanding by suchpersonnel of the variety of intelligence requirements, methods,users, and capabilities.``(B) The mechanisms prescribed under subparagraph (A) mayinclude the following:``(i) The establishment of special occupationalcategories involving service, over the course of acareer, in more than one element of the intelligencecommunity.``(ii) The provision of rewards for service inpositions undertaking analysis and planning ofoperations involving two or more elements of theintelligence community.``(iii) The establishment of requirements foreducation, training, service, and evaluation forservice involving more than one element of theintelligence community.``(C) It is the sense of Congress that the mechanismsprescribed under this subsection should, to the extentpractical, seek to duplicate for civilian personnel within theintelligence community the joint officer management policiesestablished by chapter 38 of title 10, United States Code, andthe other amendments made by title IV of the Goldwater-NicholsDepartment of Defense Reorganization Act of 1986 (Public Law99-433).``(4)(A) Except as provided in subparagraph (B) andsubparagraph (D), this subsection shall not apply with respectto personnel of the elements of the intelligence community whoare members of the uniformed services.``(B) Mechanisms that establish requirements for educationand training pursuant to paragraph (3)(B)(iii) may apply withrespect to members of the uniformed services who are assignedto an element of the intelligence community funded through theNational Intelligence Program, but such mechanisms shall not beinconsistent with personnel policies and education and trainingrequirements otherwise applicable to members of the uniformedservices.``(C) The personnel policies and programs developed andimplemented under this subsection with respect to lawenforcement officers (as that term is defined in section5541(3) of title 5, United States Code) shall not affect theability of law enforcement entities to conduct operations or,through the applicable chain of command, to control the
  14. 14. activities of such law enforcement officers.``(D) Assignment to the Office of the Director of NationalIntelligence of commissioned officers of the Armed Forces shallbe considered a joint-duty assignment for purposes of the jointofficer management policies prescribed by chapter 38 of title10, United States Code, and other provisions of that title.``(m) Additional Authority With Respect to Personnel.--(1)In addition to the authorities under subsection (f)(3), theDirector of National Intelligence may exercise with respect tothe personnel of the Office of the Director of NationalIntelligence any authority of the Director of the CentralIntelligence Agency with respect to the personnel of theCentral Intelligence Agency under the Central IntelligenceAgency Act of 1949 (50 U.S.C. 403a et seq.), and otherapplicable provisions of law, as of the date of the enactmentof this subsection to the same extent, and subject to the sameconditions and limitations, that the Director of the CentralIntelligence Agency may exercise such authority with respect topersonnel of the Central Intelligence Agency.``(2) Employees and applicants for employment of the Officeof the Director of National Intelligence shall have the samerights and protections under the Office of the Director ofNational Intelligence as employees of the Central IntelligenceAgency have under the Central Intelligence Agency Act of 1949,and other applicable provisions of law, as of the date of theenactment of this subsection.``(n) Acquisition Authorities.--(1) In carrying out theresponsibilities and authorities under this section, theDirector of National Intelligence may exercise the acquisitionand appropriations authorities referred to in the CentralIntelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) otherthan the authorities referred to in section 8(b) of that Act(50 U.S.C. 403j(b)).``(2) For the purpose of the exercise of any authorityreferred to in paragraph (1), a reference to the head of anagency shall be deemed to be a reference to the Director ofNational Intelligence or the Principal Deputy Director ofNational Intelligence.``(3)(A) Any determination or decision to be made under anauthority referred to in paragraph (1) by the head of an agencymay be made with respect to individual purchases and contractsor with respect to classes of purchases or contracts, and shallbe final.``(B) Except as provided in subparagraph (C), the Directorof National Intelligence or the Principal Deputy Director ofNational Intelligence may, in such officials discretion,delegate to any officer or other official of the Office of theDirector of National Intelligence any authority to make adetermination or decision as the head of the agency under anauthority referred to in paragraph (1).``(C) The limitations and conditions set forth in section3(d) of the Central Intelligence Agency Act of 1949 (50 U.S.C.403c(d)) shall apply to the exercise by the Director ofNational Intelligence of an authority referred to in paragraph(1).``(D) Each determination or decision required by anauthority referred to in the second sentence of section 3(d) ofthe Central Intelligence Agency Act of 1949 shall be based uponwritten findings made by the official making such determinationor decision, which findings shall be final and shall beavailable within the Office of the Director of NationalIntelligence for a period of at least six years following thedate of such determination or decision.``(o) Consideration of Views of Elements of IntelligenceCommunity.--In carrying out the duties and responsibilitiesunder this section, the Director of National Intelligence shalltake into account the views of a head of a departmentcontaining an element of the intelligence community and of theDirector of the Central Intelligence Agency.``(p) Responsibility of Director of National IntelligenceRegarding National Intelligence Program Budget Concerning theDepartment of Defense.--Subject to the direction of thePresident, the Director of National Intelligence shall, after
  15. 15. consultation with the Secretary of Defense, ensure that theNational Intelligence Program budgets for the elements of theintelligence community that are within the Department ofDefense are adequate to satisfy the national intelligence needsof the Department of Defense, including the needs of theChairman of the Joint Chiefs of Staff and the commanders of theunified and specified commands, and wherever such elements areperforming Government-wide functions, the needs of otherFederal departments and agencies.``(q) Acquisitions of Major Systems.--(1) For eachintelligence program within the National Intelligence Programfor the acquisition of a major system, the Director of NationalIntelligence shall--``(A) require the development and implementation ofa program management plan that includes cost, schedule,and performance goals and program milestone criteria,except that with respect to Department of Defenseprograms the Director shall consult with the Secretaryof Defense;``(B) serve as exclusive milestone decisionauthority, except that with respect to Department ofDefense programs the Director shall serve as milestonedecision authority jointly with the Secretary ofDefense or the designee of the Secretary; and``(C) periodically--``(i) review and assess the progress madetoward the achievement of the goals andmilestones established in such plan; and``(ii) submit to Congress a report on theresults of such review and assessment.``(2) If the Director of National Intelligence and theSecretary of Defense are unable to reach an agreement on amilestone decision under paragraph (1)(B), the President shallresolve the conflict.``(3) Nothing in this subsection may be construed to limitthe authority of the Director of National Intelligence todelegate to any other official any authority to perform theresponsibilities of the Director under this subsection.``(4) In this subsection:``(A) The term `intelligence program, with respectto the acquisition of a major system, means a programthat--``(i) is carried out to acquire such majorsystem for an element of the intelligencecommunity; and``(ii) is funded in whole out of amountsavailable for the National IntelligenceProgram.``(B) The term `major system has the meaning givensuch term in section 4(9) of the Federal Property andAdministrative Services Act of 1949 (41 U.S.C. 403(9)).``(r) Performance of Common Services.--The Director ofNational Intelligence shall, in consultation with the heads ofdepartments and agencies of the United States Governmentcontaining elements within the intelligence community and withthe Director of the Central Intelligence Agency, coordinate theperformance by the elements of the intelligence communitywithin the National Intelligence Program of such services asare of common concern to the intelligence community, whichservices the Director of National Intelligence determines canbe more efficiently accomplished in a consolidated manner.``OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE``Sec. 103. (a) Office of Director of NationalIntelligence.--There is an Office of the Director of NationalIntelligence.``(b) Function.--The function of the Office of the Directorof National Intelligence is to assist the Director of NationalIntelligence in carrying out the duties and responsibilities ofthe Director under this Act, the National Security Act of 1947(50 U.S.C. 401 et seq.), and other applicable provisions oflaw, and to carry out such other duties as may be prescribed bythe President or by law.``(c) Composition.--The Office of the Director of National
  16. 16. Intelligence is composed of the following:``(1) The Director of National Intelligence.``(2) The Principal Deputy Director of NationalIntelligence.``(3) Any Deputy Director of National Intelligenceappointed under section 103A.``(4) The National Intelligence Council.``(5) The General Counsel.``(6) The Civil Liberties Protection Officer.``(7) The Director of Science and Technology.``(8) The National Counterintelligence Executive(including the Office of the NationalCounterintelligence Executive).``(9) Such other offices and officials as may beestablished by law or the Director may establish ordesignate in the Office, including nationalintelligence centers.``(d) Staff.--(1) To assist the Director of NationalIntelligence in fulfilling the duties and responsibilities ofthe Director, the Director shall employ and utilize in theOffice of the Director of National Intelligence a professionalstaff having an expertise in matters relating to such dutiesand responsibilities, and may establish permanent positions andappropriate rates of pay with respect to that staff.``(2) The staff of the Office of the Director of NationalIntelligence under paragraph (1) shall include the staff of theOffice of the Deputy Director of Central Intelligence forCommunity Management that is transferred to the Office of theDirector of National Intelligence under section 1091 of theNational Security Intelligence Reform Act of 2004.``(e) Limitation on Co-Location With Other Elements ofIntelligence Community.--Commencing as of October 1, 2008, theOffice of the Director of National Intelligence may not be colocatedwith any other element of the intelligence community.``DEPUTY DIRECTORS OF NATIONAL INTELLIGENCE``Sec. 103A. (a) Principal Deputy Director of NationalIntelligence.--(1) There is a Principal Deputy Director ofNational Intelligence who shall be appointed by the President,by and with the advice and consent of the Senate.``(2) In the event of a vacancy in the position ofPrincipal Deputy Director of National Intelligence, theDirector of National Intelligence shall recommend to thePresident an individual for appointment as Principal DeputyDirector of National Intelligence.``(3) Any individual nominated for appointment as PrincipalDeputy Director of National Intelligence shall have extensivenational security experience and management expertise.``(4) The individual serving as Principal Deputy Directorof National Intelligence shall not, while so serving, serve inany capacity in any other element of the intelligencecommunity.``(5) The Principal Deputy Director of NationalIntelligence shall assist the Director of National Intelligencein carrying out the duties and responsibilities of theDirector.``(6) The Principal Deputy Director of NationalIntelligence shall act for, and exercise the powers of, theDirector of National Intelligence during the absence ordisability of the Director of National Intelligence or during avacancy in the position of Director of National Intelligence.``(b) Deputy Directors of National Intelligence.--(1) Theremay be not more than four Deputy Directors of NationalIntelligence who shall be appointed by the Director of NationalIntelligence.``(2) Each Deputy Director of National Intelligenceappointed under this subsection shall have such duties,responsibilities, and authorities as the Director of NationalIntelligence may assign or are specified by law.``(c) Military Status of Director of National Intelligenceand Principal Deputy Director of National Intelligence.--(1)Not more than one of the individuals serving in the positionsspecified in paragraph (2) may be a commissioned officer of theArmed Forces in active status.
  17. 17. ``(2) The positions referred to in this paragraph are thefollowing:``(A) The Director of National Intelligence.``(B) The Principal Deputy Director of NationalIntelligence.``(3) It is the sense of Congress that, under ordinarycircumstances, it is desirable that one of the individualsserving in the positions specified in paragraph (2)--``(A) be a commissioned officer of the ArmedForces, in active status; or``(B) have, by training or experience, anappreciation of military intelligence activities andrequirements.``(4) A commissioned officer of the Armed Forces, whileserving in a position specified in paragraph (2)--``(A) shall not be subject to supervision orcontrol by the Secretary of Defense or by any officeror employee of the Department of Defense;``(B) shall not exercise, by reason of theofficers status as a commissioned officer, anysupervision or control with respect to any of themilitary or civilian personnel of the Department ofDefense except as otherwise authorized by law; and``(C) shall not be counted against the numbers andpercentages of commissioned officers of the rank andgrade of such officer authorized for the militarydepartment of that officer.``(5) Except as provided in subparagraph (A) or (B) ofparagraph (4), the appointment of an officer of the ArmedForces to a position specified in paragraph (2) shall notaffect the status, position, rank, or grade of such officer inthe Armed Forces, or any emolument, perquisite, right,privilege, or benefit incident to or arising out of suchstatus, position, rank, or grade.``(6) A commissioned officer of the Armed Forces on activeduty who is appointed to a position specified in paragraph (2),while serving in such position and while remaining on activeduty, shall continue to receive military pay and allowances andshall not receive the pay prescribed for such position. Fundsfrom which such pay and allowances are paid shall be reimbursedfrom funds available to the Director of National Intelligence.``NATIONAL INTELLIGENCE COUNCIL``Sec. 103B. (a) National Intelligence Council.--There is aNational Intelligence Council.``(b) Composition.--(1) The National Intelligence Councilshall be composed of senior analysts within the intelligencecommunity and substantive experts from the public and privatesector, who shall be appointed by, report to, and serve at thepleasure of, the Director of National Intelligence.``(2) The Director shall prescribe appropriate securityrequirements for personnel appointed from the private sector asa condition of service on the Council, or as contractors of theCouncil or employees of such contractors, to ensure theprotection of intelligence sources and methods while avoiding,wherever possible, unduly intrusive requirements which theDirector considers to be unnecessary for this purpose.``(c) Duties and Responsibilities.--(1) The NationalIntelligence Council shall--``(A) produce national intelligence estimates forthe United States Government, including alternativeviews held by elements of the intelligence communityand other information as specified in paragraph (2);``(B) evaluate community-wide collection andproduction of intelligence by the intelligencecommunity and the requirements and resources of suchcollection and production; and``(C) otherwise assist the Director of NationalIntelligence in carrying out the responsibilities ofthe Director under section 102A.``(2) The Director of National Intelligence shall ensurethat the Council satisfies the needs of policymakers and otherconsumers of intelligence.``(d) Service as Senior Intelligence Advisers.--Within
  18. 18. their respective areas of expertise and under the direction ofthe Director of National Intelligence, the members of theNational Intelligence Council shall constitute the seniorintelligence advisers of the intelligence community forpurposes of representing the views of the intelligencecommunity within the United States Government.``(e) Authority To Contract.--Subject to the direction andcontrol of the Director of National Intelligence, the NationalIntelligence Council may carry out its responsibilities underthis section by contract, including contracts for substantiveexperts necessary to assist the Council with particularassessments under this section.``(f) Staff.--The Director of National Intelligence shallmake available to the National Intelligence Council such staffas may be necessary to permit the Council to carry out itsresponsibilities under this section.``(g) Availability of Council and Staff.--(1) The Directorof National Intelligence shall take appropriate measures toensure that the National Intelligence Council and its staffsatisfy the needs of policymaking officials and other consumersof intelligence.``(2) The Council shall be readily accessible topolicymaking officials and other appropriate individuals nototherwise associated with the intelligence community.``(h) Support.--The heads of the elements of theintelligence community shall, as appropriate, furnish suchsupport to the National Intelligence Council, including thepreparation of intelligence analyses, as may be required by theDirector of National Intelligence.``(i) National Intelligence Council Product.--For purposesof this section, the term `National Intelligence Councilproduct includes a National Intelligence Estimate and anyother intelligence community assessment that sets forth thejudgment of the intelligence community as a whole on a mattercovered by such product.``GENERAL COUNSEL``Sec. 103C. (a) General Counsel.--There is a GeneralCounsel of the Office of the Director of National Intelligencewho shall be appointed by the President, by and with the adviceand consent of the Senate.``(b) Prohibition on Dual Service as General Counsel ofAnother Agency.--The individual serving in the position ofGeneral Counsel may not, while so serving, also serve as theGeneral Counsel of any other department, agency, or element ofthe United States Government.``(c) Scope of Position.--The General Counsel is the chieflegal officer of the Office of the Director of NationalIntelligence.``(d) Functions.--The General Counsel shall perform suchfunctions as the Director of National Intelligence mayprescribe.``CIVIL LIBERTIES PROTECTION OFFICER``Sec. 103D. (a) Civil Liberties Protection Officer.--(1)Within the Office of the Director of National Intelligence,there is a Civil Liberties Protection Officer who shall beappointed by the Director of National Intelligence.``(2) The Civil Liberties Protection Officer shall reportdirectly to the Director of National Intelligence.``(b) Duties.--The Civil Liberties Protection Officershall--``(1) ensure that the protection of civil libertiesand privacy is appropriately incorporated in thepolicies and procedures developed for and implementedby the Office of the Director of National Intelligenceand the elements of the intelligence community withinthe National Intelligence Program;``(2) oversee compliance by the Office and theDirector of National Intelligence with requirementsunder the Constitution and all laws, regulations,Executive orders, and implementing guidelines relatingto civil liberties and privacy;``(3) review and assess complaints and otherinformation indicating possible abuses of civil
  19. 19. liberties and privacy in the administration of theprograms and operations of the Office and the Directorof National Intelligence and, as appropriate,investigate any such complaint or information;``(4) ensure that the use of technologies sustain,and do not erode, privacy protections relating to theuse, collection, and disclosure of personalinformation;``(5) ensure that personal information contained ina system of records subject to section 552a of title 5,United States Code (popularly referred to as the`Privacy Act), is handled in full compliance with fairinformation practices as set out in that section;``(6) conduct privacy impact assessments whenappropriate or as required by law; and``(7) perform such other duties as may beprescribed by the Director of National Intelligence orspecified by law.``(c) Use of Agency Inspectors General.--When appropriate,the Civil Liberties Protection Officer may refer complaints tothe Office of Inspector General having responsibility for theaffected element of the department or agency of theintelligence community to conduct an investigation underparagraph (3) of subsection (b).``DIRECTOR OF SCIENCE AND TECHNOLOGY``Sec. 103E. (a) Director of Science and Technology.--Thereis a Director of Science and Technology within the Office ofthe Director of National Intelligence who shall be appointed bythe Director of National Intelligence.``(b) Requirement Relating to Appointment.--An individualappointed as Director of Science and Technology shall have aprofessional background and experience appropriate for theduties of the Director of Science and Technology.``(c) Duties.--The Director of Science and Technologyshall--``(1) act as the chief representative of theDirector of National Intelligence for science andtechnology;``(2) chair the Director of National IntelligenceScience and Technology Committee under subsection (d);``(3) assist the Director in formulating a longtermstrategy for scientific advances in the field ofintelligence;``(4) assist the Director on the science andtechnology elements of the budget of the Office of theDirector of National Intelligence; and``(5) perform other such duties as may beprescribed by the Director of National Intelligence orspecified by law.``(d) Director of National Intelligence Science andTechnology Committee.--(1) There is within the Office of theDirector of Science and Technology a Director of NationalIntelligence Science and Technology Committee.``(2) The Committee shall be composed of the principalscience officers of the National Intelligence Program.``(3) The Committee shall--``(A) coordinate advances in research anddevelopment related to intelligence; and``(B) perform such other functions as the Directorof Science and Technology shall prescribe.``NATIONAL COUNTERINTELLIGENCE EXECUTIVE``Sec. 103F. (a) National Counterintelligence Executive.--The National Counterintelligence Executive under section 902 ofthe Counterintelligence Enhancement Act of 2002 (title IX ofPublic Law 107-306; 50 U.S.C. 402b et seq.) is a component ofthe Office of the Director of National Intelligence.``(b) Duties.--The National Counterintelligence Executiveshall perform the duties provided in the CounterintelligenceEnhancement Act of 2002 and such other duties as may beprescribed by the Director of National Intelligence orspecified by law.``CENTRAL INTELLIGENCE AGENCY``Sec. 104. (a) Central Intelligence Agency.--There is a
  20. 20. Central Intelligence Agency.``(b) Function.--The function of the Central IntelligenceAgency is to assist the Director of the Central IntelligenceAgency in carrying out the responsibilities specified insection 104A(c).``DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY``Sec. 104A. (a) Director of Central Intelligence Agency.--There is a Director of the Central Intelligence Agency whoshall be appointed by the President, by and with the advice andconsent of the Senate.``(b) Supervision.--The Director of the CentralIntelligence Agency shall report to the Director of NationalIntelligence regarding the activities of the CentralIntelligence Agency.``(c) Duties.--The Director of the Central IntelligenceAgency shall--``(1) serve as the head of the Central IntelligenceAgency; and``(2) carry out the responsibilities specified insubsection (d).``(d) Responsibilities.--The Director of the CentralIntelligence Agency shall--``(1) collect intelligence through human sourcesand by other appropriate means, except that theDirector of the Central Intelligence Agency shall haveno police, subpoena, or law enforcement powers orinternal security functions;``(2) correlate and evaluate intelligence relatedto the national security and provide appropriatedissemination of such intelligence;``(3) provide overall direction for andcoordination of the collection of national intelligenceoutside the United States through human sources byelements of the intelligence community authorized toundertake such collection and, in coordination withother departments, agencies, or elements of the UnitedStates Government which are authorized to undertakesuch collection, ensure that the most effective use ismade of resources and that appropriate account is takenof the risks to the United States and those involved insuch collection; and``(4) perform such other functions and dutiesrelated to intelligence affecting the national securityas the President or the Director of NationalIntelligence may direct.``(e) Termination of Employment of CIA Employees.--(1)Notwithstanding the provisions of any other law, the Directorof the Central Intelligence Agency may, in the discretion ofthe Director, terminate the employment of any officer oremployee of the Central Intelligence Agency whenever theDirector deems the termination of employment of such officer oremployee necessary or advisable in the interests of the UnitedStates.``(2) Any termination of employment of an officer oremployee under paragraph (1) shall not affect the right of theofficer or employee to seek or accept employment in any otherdepartment, agency, or element of the United States Governmentif declared eligible for such employment by the Office ofPersonnel Management.``(f) Coordination With Foreign Governments.--Under thedirection of the Director of National Intelligence and in amanner consistent with section 207 of the Foreign Service Actof 1980 (22 U.S.C. 3927), the Director of the CentralIntelligence Agency shall coordinate the relationships betweenelements of the intelligence community and the intelligence orsecurity services of foreign governments or internationalorganizations on all matters involving intelligence related tothe national security or involving intelligence acquiredthrough clandestine means..(b) Sense of Congress.--It is the sense of Congress that--(1) the human intelligence officers of theintelligence community have performed admirably andhonorably in the face of great personal dangers;
  21. 21. (2) during an extended period of unprecedentedinvestment and improvements in technical collectionmeans, the human intelligence capabilities of theUnited States have not received the necessary andcommensurate priorities;(3) human intelligence is becoming an increasinglyimportant capability to provide information on theasymmetric threats to the national security of theUnited States;(4) the continued development and improvement of arobust and empowered and flexible human intelligencework force is critical to identifying, understanding,and countering the plans and intentions of theadversaries of the United States; and(5) an increased emphasis on, and resources appliedto, enhancing the depth and breadth of humanintelligence capabilities of the United Statesintelligence community must be among the top prioritiesof the Director of National Intelligence.(c) Transformation of Central Intelligence Agency.--TheDirector of the Central Intelligence Agency shall, inaccordance with standards developed by the Director inconsultation with the Director of National Intelligence--(1) enhance the analytic, human intelligence, andother capabilities of the Central Intelligence Agency;(2) develop and maintain an effective languageprogram within the Agency;(3) emphasize the hiring of personnel of diversebackgrounds for purposes of improving the capabilitiesof the Agency;(4) establish and maintain effective relationshipsbetween human intelligence and signals intelligencewithin the Agency at the operational level; and(5) achieve a more effective balance within theAgency with respect to unilateral operations andliaison operations.(d) Report.--(1) Not later than 180 days after the date ofthe enactment of this Act, the Director of the CentralIntelligence Agency shall submit to the Director of NationalIntelligence and the congressional intelligence committees areport setting forth the following:(A) A strategy for improving the conduct ofanalysis (including strategic analysis) by the CentralIntelligence Agency, and the progress of the Agency inimplementing that strategy.(B) A strategy for improving the human intelligenceand other capabilities of the Agency, and the progressof the Agency in implementing that strategy.(2)(A) The information in the report under paragraph (1) onthe strategy referred to in paragraph (1)(B) shall--(i) identify the number and types of personnelrequired to implement that strategy;(ii) include a plan for the recruitment, training,equipping, and deployment of such personnel; and(iii) set forth an estimate of the costs of suchactivities.(B) If as of the date of the report under paragraph (1), aproper balance does not exist between unilateral operations andliaison operations, such report shall set forth the steps to betaken to achieve such balance._________________________________________________________________________________________________SEC. 1012. REVISED DEFINITION OF NATIONAL INTELLIGENCE._________________________________________________________________________________________________Paragraph (5) of section 3 of the National Security Act of1947 (50 U.S.C. 401a) is amended to read as follows:``(5) The terms `national intelligence and`intelligence related to national security refer toall intelligence, regardless of the source from whichderived and including information gathered within oroutside the United States, that--``(A) pertains, as determined consistent
  22. 22. with any guidance issued by the President, tomore than one United States Government agency;and``(B) that involves--``(i) threats to the United States,its people, property, or interests;``(ii) the development,proliferation, or use of weapons ofmass destruction; or``(iii) any other matter bearing onUnited States national or homelandsecurity.._________________________________________________________________________________________________SEC. 1013. JOINT PROCEDURES FOR OPERATIONAL COORDINATION BETWEEN DEPARTMENT OFDEFENSE AND CENTRAL INTELLIGENCEAGENCY._________________________________________________________________________________________________(a) Development of Procedures.--The Director of NationalIntelligence, in consultation with the Secretary of Defense andthe Director of the Central Intelligence Agency, shall developjoint procedures to be used by the Department of Defense andthe Central Intelligence Agency to improve the coordination anddeconfliction of operations that involve elements of both theArmed Forces and the Central Intelligence Agency consistentwith national security and the protection of human intelligencesources and methods. Those procedures shall, at a minimum,provide the following:(1) Methods by which the Director of the CentralIntelligence Agency and the Secretary of Defense canimprove communication and coordination in the planning,execution, and sustainment of operations, including, asa minimum--(A) information exchange between seniorofficials of the Central Intelligence Agencyand senior officers and officials of theDepartment of Defense when planning for such anoperation commences by either organization; and(B) exchange of information between theSecretary and the Director of the CentralIntelligence Agency to ensure that senioroperational officials in both the Department ofDefense and the Central Intelligence Agencyhave knowledge of the existence of the ongoingoperations of the other.(2) When appropriate, in cases where the Departmentof Defense and the Central Intelligence Agency areconducting separate missions in the same geographicalarea, a mutual agreement on the tactical and strategicobjectives for the region and a clear delineation ofoperational responsibilities to prevent conflict andduplication of effort.(b) Implementation Report.--Not later than 180 days afterthe date of the enactment of the Act, the Director of NationalIntelligence shall submit to the congressional defensecommittees (as defined in section 101 of title 10, UnitedStates Code) and the congressional intelligence committees (asdefined in section 3(7) of the National Security Act of 1947(50 U.S.C. 401a(7))) a report describing the proceduresestablished pursuant to subsection (a) and the status of theimplementation of those procedures._________________________________________________________________________________________________SEC. 1014. ROLE OF DIRECTOR OF NATIONAL INTELLIGENCE IN APPOINTMENT OF CERTAIN OFFICIALSRESPONSIBLE FOR INTELLIGENCE-RELATED ACTIVITIES._________________________________________________________________________________________________Section 106 of the National Security Act of 1947 (50 U.S.C.403-6) is amended by striking all after the heading andinserting the following:``(a) Recommendation of DNI in Certain Appointments.--(1)
  23. 23. In the event of a vacancy in a position referred to inparagraph (2), the Director of National Intelligence shallrecommend to the President an individual for nomination to fillthe vacancy.``(2) Paragraph (1) applies to the following positions:``(A) The Principal Deputy Director of NationalIntelligence.``(B) The Director of the Central IntelligenceAgency.``(b) Concurrence of DNI in Appointments to Positions inthe Intelligence Community.--(1) In the event of a vacancy in aposition referred to in paragraph (2), the head of thedepartment or agency having jurisdiction over the positionshall obtain the concurrence of the Director of NationalIntelligence before appointing an individual to fill thevacancy or recommending to the President an individual to benominated to fill the vacancy. If the Director does not concurin the recommendation, the head of the department or agencyconcerned may not fill the vacancy or make the recommendationto the President (as the case may be). In the case in which theDirector does not concur in such a recommendation, the Directorand the head of the department or agency concerned may advisethe President directly of the intention to withhold concurrenceor to make a recommendation, as the case may be.``(2) Paragraph (1) applies to the following positions:``(A) The Director of the National Security Agency.``(B) The Director of the National ReconnaissanceOffice.``(C) The Director of the National Geospatial-Intelligence Agency.``(D) The Assistant Secretary of State forIntelligence and Research.``(E) The Director of the Office of Intelligence ofthe Department of Energy.``(F) The Director of the Office ofCounterintelligence of the Department of Energy.``(G) The Assistant Secretary for Intelligence andAnalysis of the Department of the Treasury.``(H) The Executive Assistant Director forIntelligence of the Federal Bureau of Investigation orany successor to that position.``(I) The Assistant Secretary of Homeland Securityfor Information Analysis.``(c) Consultation With DNI in Certain Positions.--(1) Inthe event of a vacancy in a position referred to in paragraph(2), the head of the department or agency having jurisdictionover the position shall consult with the Director of NationalIntelligence before appointing an individual to fill thevacancy or recommending to the President an individual to benominated to fill the vacancy.``(2) Paragraph (1) applies to the following positions:``(A) The Director of the Defense IntelligenceAgency.``(B) The Assistant Commandant of the Coast Guardfor Intelligence.._________________________________________________________________________________________________SEC. 1015. EXECUTIVE SCHEDULE MATTERS._________________________________________________________________________________________________(a) Executive Schedule Level I.--Section 5312 of title 5,United States Code, is amended by adding at the end thefollowing new item:``Director of National Intelligence..(b) Executive Schedule Level II.--Section 5313 of title 5,United States Code, is amended by adding at the end thefollowing new items:``Principal Deputy Director of NationalIntelligence.``Director of the National Counterterrorism Center.``Director of the National Counter ProliferationCenter..(c) Executive Schedule Level IV.--Section 5315 of title 5,
  24. 24. United States Code, is amended--(1) by striking the item relating to the AssistantDirectors of Central Intelligence; and(2) by adding at the end the following new item:``General Counsel of the Office of the NationalIntelligence Director.._________________________________________________________________________________________________SEC. 1016. INFORMATION SHARING._________________________________________________________________________________________________(a) Definitions.--In this section:(1) Information sharing council.--The term``Information Sharing Council means the InformationSystems Council established by Executive Order 13356,or any successor body designated by the President, andreferred to under subsection (g).(2) Information sharing environment; ise.--Theterms ``information sharing environment and ``ISEmean an approach that facilitates the sharing ofterrorism information, which approach may include anymethods determined necessary and appropriate forcarrying out this section.(3) Program manager.--The term ``program managermeans the program manager designated under subsection(f).(4) Terrorism information.--The term ``terrorisminformation means all information, whether collected,produced, or distributed by intelligence, lawenforcement, military, homeland security, or otheractivities relating to--(A) the existence, organization,capabilities, plans, intentions,vulnerabilities, means of finance or materialsupport, or activities of foreign orinternational terrorist groups or individuals,or of domestic groups or individuals involvedin transnational terrorism;(B) threats posed by such groups orindividuals to the United States, United Statespersons, or United States interests, or tothose of other nations;(C) communications of or by such groups orindividuals; or(D) groups or individuals reasonablybelieved to be assisting or associated withsuch groups or individuals.(b) Information Sharing Environment.--(1) Establishment.--The President shall--(A) create an information sharingenvironment for the sharing of terrorisminformation in a manner consistent withnational security and with applicable legalstandards relating to privacy and civilliberties;(B) designate the organizational andmanagement structures that will be used tooperate and manage the ISE; and(C) determine and enforce the policies,directives, and rules that will govern thecontent and usage of the ISE.(2) Attributes.--The President shall, through thestructures described in subparagraphs (B) and (C) ofparagraph (1), ensure that the ISE provides andfacilitates the means for sharing terrorism informationamong all appropriate Federal, State, local, and tribalentities, and the private sector through the use ofpolicy guidelines and technologies. The Presidentshall, to the greatest extent practicable, ensure thatthe ISE provides the functional equivalent of, orotherwise supports, a decentralized, distributed, andcoordinated environment that--(A) connects existing systems, where
  25. 25. appropriate, provides no single points offailure, and allows users to share informationamong agencies, between levels of government,and, as appropriate, with the private sector;(B) ensures direct and continuous onlineelectronic access to information;(C) facilitates the availability ofinformation in a form and manner thatfacilitates its use in analysis, investigationsand operations;(D) builds upon existing systemscapabilities currently in use across theGovernment;(E) employs an information accessmanagement approach that controls access todata rather than just systems and networks,without sacrificing security;(F) facilitates the sharing of informationat and across all levels of security;(G) provides directory services, or thefunctional equivalent, for locating people andinformation;(H) incorporates protections forindividuals privacy and civil liberties; and(I) incorporates strong mechanisms toenhance accountability and facilitateoversight, including audits, authentication,and access controls.(c) Preliminary Report.--Not later than 180 days after thedate of the enactment of this Act, the program manager shall,in consultation with the Information Sharing Council--(1) submit to the President and Congress adescription of the technological, legal, and policyissues presented by the creation of the ISE, and theway in which these issues will be addressed;(2) establish an initial capability to provideelectronic directory services, or the functionalequivalent, to assist in locating in the FederalGovernment intelligence and terrorism information andpeople with relevant knowledge about intelligence andterrorism information; and(3) conduct a review of relevant current Federalagency capabilities, databases, and systems for sharinginformation.(d) Guidelines and Requirements.--As soon as possible, butin no event later than 270 days after the date of the enactmentof this Act, the President shall--(1) leverage all ongoing efforts consistent withestablishing the ISE and issue guidelines foracquiring, accessing, sharing, and using information,including guidelines to ensure that information isprovided in its most shareable form, such as by usingtearlines to separate out data from the sources andmethods by which the data are obtained;(2) in consultation with the Privacy and CivilLiberties Oversight Board established under section1061, issue guidelines that--(A) protect privacy and civil liberties inthe development and use of the ISE; and(B) shall be made public, unlessnondisclosure is clearly necessary to protectnational security; and(3) require the heads of Federal departments andagencies to promote a culture of information sharingby--(A) reducing disincentives to informationsharing, including over-classification ofinformation and unnecessary requirements fororiginator approval, consistent with applicablelaws and regulations; and(B) providing affirmative incentives forinformation sharing.(e) Implementation Plan Report.--Not later than one year
  26. 26. after the date of the enactment of this Act, the Presidentshall, with the assistance of the program manager, submit toCongress a report containing an implementation plan for theISE. The report shall include the following:(1) A description of the functions, capabilities,resources, and conceptual design of the ISE, includingstandards.(2) A description of the impact on enterprisearchitectures of participating agencies.(3) A budget estimate that identifies theincremental costs associated with designing, testing,integrating, deploying, and operating the ISE.(4) A project plan for designing, testing,integrating, deploying, and operating the ISE.(5) The policies and directives referred to insubsection (b)(1)(C), as well as the metrics andenforcement mechanisms that will be utilized.(6) Objective, systemwide performance measures toenable the assessment of progress toward achieving thefull implementation of the ISE.(7) A description of the training requirementsneeded to ensure that the ISE will be adequatelyimplemented and properly utilized.(8) A description of the means by which privacy andcivil liberties will be protected in the design andoperation of the ISE.(9) The recommendations of the program manager, inconsultation with the Information Sharing Council,regarding whether, and under what conditions, the ISEshould be expanded to include other intelligenceinformation.(10) A delineation of the roles of the Federaldepartments and agencies that will participate in theISE, including an identification of the agencies thatwill deliver the infrastructure needed to operate andmanage the ISE (as distinct from individual departmentor agency components that are part of the ISE), withsuch delineation of roles to be consistent with--(A) the authority of the Director ofNational Intelligence under this title, and theamendments made by this title, to set standardsfor information sharing throughout theintelligence community; and(B) the authority of the Secretary ofHomeland Security and the Attorney General, andthe role of the Department of Homeland Securityand the Attorney General, in coordinating withState, local, and tribal officials and theprivate sector.(11) The recommendations of the program manager, inconsultation with the Information Sharing Council, fora future management structure for the ISE, includingwhether the position of program manager should continueto remain in existence.(f) Program Manager.--(1) Designation.--Not later than 120 days after thedate of the enactment of this Act, with notification toCongress, the President shall designate an individualas the program manager responsible for informationsharing across the Federal Government. The individualdesignated as the program manager shall serve asprogram manager during the two-year period beginning onthe date of designation under this paragraph unlesssooner removed from service and replaced by thePresident (at the Presidents sole discretion). Theprogram manager shall have and exercise governmentwideauthority.(2) Duties and responsibilities.--(A) In general.--The program manager shall,in consultation with the Information SharingCouncil--(i) plan for and oversee theimplementation of, and manage, the ISE;
  27. 27. (ii) assist in the development ofpolicies, procedures, guidelines,rules, and standards as appropriate tofoster the development and properoperation of the ISE; and(iii) assist, monitor, and assessthe implementation of the ISE byFederal departments and agencies toensure adequate progress, technologicalconsistency and policy compliance; andregularly report the findings toCongress.(B) Content of policies, procedures,guidelines, rules, and standards.--Thepolicies, procedures, guidelines, rules, andstandards under subparagraph (A)(ii) shall--(i) take into account the varyingmissions and security requirements ofagencies participating in the ISE;(ii) address development,implementation, and oversight oftechnical standards and requirements;(iii) take into account ongoing andplanned efforts that supportdevelopment, implementation andmanagement of the ISE;(iv) address and facilitateinformation sharing between and amongdepartments and agencies of theintelligence community, the Departmentof Defense, the homeland securitycommunity and the law enforcementcommunity;(v) address and facilitateinformation sharing between Federaldepartments and agencies and State,tribal, and local governments;(vi) address and facilitate, asappropriate, information sharingbetween Federal departments andagencies and the private sector;(vii) address and facilitate, asappropriate, information sharingbetween Federal departments andagencies with foreign partners andallies; and(viii) ensure the protection ofprivacy and civil liberties.(g) Information Sharing Council.--(1) Establishment.--There is established anInformation Sharing Council that shall assist thePresident and the program manager in their duties underthis section. The Information Sharing Council shallserve during the two-year period beginning on the dateof the initial designation of the program manager bythe President under subsection (f)(1), unless soonerremoved from service and replaced by the President (atthe sole discretion of the President) with a successorbody.(2) Specific duties.--In assisting the Presidentand the program manager in their duties under thissection, the Information Sharing Council shall--(A) advise the President and the programmanager in developing policies, procedures,guidelines, roles, and standards necessary toestablish, implement, and maintain the ISE;(B) work to ensure coordination among theFederal departments and agencies participatingin the ISE in the establishment,implementation, and maintenance of the ISE;(C) identify and, as appropriate, recommendthe consolidation and elimination of currentprograms, systems, and processes used by

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