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        INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004

[[Page 118 STAT. 3638]]

Public Law 108-458
108th Congress

                                 An Act


 
     To reform the intelligence community and the intelligence and 
intelligence-related activities of the United States Government, and for 
          other purposes. <<NOTE: Dec. 17, 2004 -  [S. 2845]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Intelligence 
Reform and Terrorism Prevention Act of 2004. 50 USC 401 note.>> 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intelligence Reform 
and Terrorism Prevention Act of 2004''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

              TITLE I--REFORM OF THE INTELLIGENCE COMMUNITY

Sec. 1001. Short title.

     Subtitle A--Establishment of Director of National Intelligence

Sec. 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 Intelligence Agency.
Sec. 1014. Role of Director of National Intelligence in appointment of 
           certain officials responsible for intelligence-related 
           activities.
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 Intelligence Centers

Sec. 1021. National Counterterrorism Center.
Sec. 1022. National Counter Proliferation Center.
Sec. 1023. National intelligence centers.

            Subtitle C--Joint Intelligence Community Council

Sec. 1031. Joint Intelligence Community Council.

   Subtitle D--Improvement of Education for the Intelligence Community

Sec. 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 Activities

Sec. 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 Liberties

Sec. 1061. Privacy and Civil Liberties Oversight Board.

[[Page 118 STAT. 3639]]

Sec. 1062. Sense of Congress on designation of privacy and civil 
           liberties officers.

               Subtitle G--Conforming and Other Amendments

Sec. 1071. Conforming amendments relating to roles of Director of 
           National Intelligence and Director of the Central 
           Intelligence 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 Intelligence Agency.
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 and services.
Sec. 1081. General references.

   Subtitle H--Transfer, Termination, Transition, and Other Provisions

Sec. 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 Matters

Sec. 1101. Study of promotion and professional military education school 
           selection rates for military intelligence officers.
Sec. 1102. Extension and improvement of authorities of Public Interest 
           Declassification Board.
Sec. 1103. Severability.

                TITLE II--FEDERAL BUREAU OF INVESTIGATION

Sec. 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 CLEARANCES

Sec. 3001. Security clearances.

                    TITLE IV--TRANSPORTATION SECURITY

        Subtitle A--National Strategy for Transportation Security

Sec. 4001. National Strategy for Transportation Security.

                      Subtitle B--Aviation Security

Sec. 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.

[[Page 118 STAT. 3640]]

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 Security

Sec. 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 Security

Sec. 4071. Watch lists for passengers aboard vessels.
Sec. 4072. Deadlines for completion of certain plans, reports, and 
           assessments.

                     Subtitle E--General Provisions

Sec. 4081. Definitions.
Sec. 4082. Effective date.

        TITLE V--BORDER PROTECTION, IMMIGRATION, AND VISA MATTERS

 Subtitle A--Advanced Technology Northern Border Security Pilot Program

Sec. 5101. Establishment.
Sec. 5102. Program requirements.
Sec. 5103. Administrative provisions.
Sec. 5104. Report.
Sec. 5105. Authorization of appropriations.

             Subtitle B--Border and Immigration Enforcement

Sec. 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 Requirements

Sec. 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 Reform

Sec. 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 Abroad

Sec. 5501. Inadmissibility and deportability of aliens who have 
           committed acts of torture or extrajudicial killings abroad.
Sec. 5502. Inadmissibility and deportability of foreign government 
           officials who have committed particularly severe violations 
           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 severe violations 
           of religious freedom.
Sec. 5505. Establishment of the Office of Special Investigations.
Sec. 5506. Report on implementation.

                     TITLE VI--TERRORISM PREVENTION

      Subtitle A--Individual Terrorists as Agents of Foreign Powers

Sec. 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 Financing

Sec. 6101. Additional authorization for finCEN.

[[Page 118 STAT. 3641]]

Sec. 6102. Money laundering and financial crimes strategy 
           reauthorization.

   Subtitle C--Money Laundering Abatement and Financial Antiterrorism 
                          Technical Corrections

Sec. 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 Tools

Sec. 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 Checks

Sec. 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 Sharing

Sec. 6501. Grand jury information sharing.

           Subtitle G--Providing Material Support to Terrorism

Sec. 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 2004

Sec. 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 
                                  2004

Sec. 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 
                                  2004

Sec. 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.
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 Terrorists

Sec. 6951. Short title.
Sec. 6952. Presumption for pretrial detention in cases involving 
           terrorism.

      TITLE VII--IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS

Sec. 7001. Short title.

   Subtitle A--Diplomacy, Foreign Aid, and the Military in the War on 
                                Terrorism

Sec. 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.

[[Page 118 STAT. 3642]]

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. 7113. Pilot program to provide grants to American-sponsored schools 
           in predominantly Muslim countries to provide scholarships.
Sec. 7114. International Youth Opportunity Fund.
Sec. 7115. The use of economic policies to combat terrorism.
Sec. 7116. Middle East partnership initiative.
Sec. 7117. Comprehensive coalition strategy for fighting terrorism.
Sec. 7118. Financing of terrorism.
Sec. 7119. Designation of foreign terrorist organizations.
Sec. 7120. Report to Congress.
Sec. 7121. Case-Zablocki Act requirements.
Sec. 7122. Effective date.

          Subtitle B--Terrorist Travel and Effective Screening

Sec. 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 obtained documents.
Sec. 7205. International standards for transliteration of names into the 
           Roman alphabet for international travel documents 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. Driver's licenses and personal identification cards.
Sec. 7213. Social security cards and numbers.
Sec. 7214. Prohibition of the display of social security account numbers 
           on driver's licenses or motor vehicle registrations.
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 Preparedness

Sec. 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 Security

Sec. 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.
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 Spectrum

Sec. 7501. Digital television conversion deadline.
Sec. 7502. Studies on telecommunications capabilities and requirements.

[[Page 118 STAT. 3643]]

                   Subtitle F--Presidential Transition

Sec. 7601. Presidential transition.

 Subtitle G--Improving International Standards and Cooperation to Fight 
                           Terrorist Financing

Sec. 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 Preparedness

Sec. 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 MATTERS

                    Subtitle A--Intelligence Matters

Sec. 8101. Intelligence community use of National Infrastructure 
           Simulation and Analysis Center.

           Subtitle B--Department of Homeland Security Matters

Sec. 8201. Homeland security geospatial information.

     Subtitle C--Homeland Security Civil Rights and Civil Liberties 
                               Protection

Sec. 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 Matters

Sec. 8401. Amendments to Clinger-Cohen Act provisions to enhance agency 
           planning for information security needs.
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.

  TITLE I--REFORM <<NOTE: National Security Intelligence Reform Act of 
2004.>> OF THE INTELLIGENCE COMMUNITY

SEC. 1001. <<NOTE: 50 USC 401 note.>> SHORT TITLE.

    This title may be cited as the ``National Security Intelligence 
Reform Act of 2004''.

     Subtitle A--Establishment of Director of National Intelligence

SEC. 1011. REORGANIZATION AND IMPROVEMENT OF MANAGEMENT OF 
                          INTELLIGENCE COMMUNITY.

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

[[Page 118 STAT. 3644]]

    ``Sec. 102. <<NOTE: President. Congress. 50 USC 403.>> (a) Director 
of National Intelligence.--(1) There is a Director of National 
Intelligence who shall be appointed by the President, by and with the 
advice and consent of the Senate. Any individual nominated for 
appointment as Director of National Intelligence shall have extensive 
national security expertise.

    ``(2) The Director of National Intelligence shall not be located 
within the Executive Office of the President.
    ``(b) Principal Responsibility.--Subject to the authority, 
direction, and control of the President, the Director of National 
Intelligence shall--
            ``(1) serve as head of the intelligence community;
            ``(2) act as the principal adviser to the President, to the 
        National Security Council, and the Homeland Security Council for 
        intelligence matters related to the national security; and
            ``(3) consistent with section 1018 of the National Security 
        Intelligence Reform Act of 2004, oversee and direct the 
        implementation of the National Intelligence Program.

    ``(c) Prohibition on Dual Service.--The individual serving in the 
position of Director of National Intelligence shall not, while so 
serving, also serve as the Director of the Central Intelligence Agency 
   or as the head of any other element of the intelligence community.

    ``Sec. 102A. (a) <<NOTE: 50 USC 403-1.>> Provision of 
Intelligence.--(1) The Director of National Intelligence shall be 
responsible for ensuring that national intelligence is provided--
            ``(A) to the President;
            ``(B) to the heads of departments and agencies of the 
        executive branch;
            ``(C) to the Chairman of the Joint Chiefs of Staff and 
        senior military commanders;
            ``(D) to the Senate and House of Representatives and the 
        committees thereof; and
            ``(E) to such other persons as the Director of National 
        Intelligence determines to be appropriate.

    ``(2) Such national intelligence should be timely, objective, 
independent of political considerations, and based upon all sources 
available to the intelligence community and other appropriate entities.
    ``(b) Access to Intelligence.--Unless otherwise directed by the 
President, the Director of National Intelligence shall have access to 
all national intelligence and intelligence related to the national 
security which is collected by any Federal department, agency, or other 
entity, except as otherwise provided by law or, as appropriate, under 
guidelines agreed upon by the Attorney General and the Director of 
National Intelligence.
    ``(c) Budget Authorities.--(1) With respect to budget requests and 
appropriations for the National Intelligence Program, the Director of 
National Intelligence shall--
            ``(A) based on intelligence priorities set by the President, 
        provide to the heads of departments containing agencies or 
        organizations within the intelligence community, and to the

[[Page 118 STAT. 3645]]

        heads of such agencies and organizations, guidance for 
        developing the National Intelligence Program budget pertaining 
        to such agencies and organizations;
            ``(B) based on budget proposals provided to the Director of 
        National Intelligence by the heads of agencies and organizations 
        within the intelligence community and the heads of their 
        respective departments and, as appropriate, after obtaining the 
        advice of the Joint Intelligence Community Council, develop and 
        determine an annual consolidated National Intelligence Program 
        budget; and
            ``(C) present such consolidated National Intelligence 
        Program budget, together with any comments from the heads of 
        departments containing agencies or organizations within the 
        intelligence community, to the President for approval.

    ``(2) In addition to the information provided under paragraph 
(1)(B), the heads of agencies and organizations within the intelligence 
community shall provide the Director of National Intelligence such other 
information as the Director shall request for the purpose of determining 
the annual consolidated National Intelligence Program budget under that 
paragraph.
    ``(3)(A) The Director of National Intelligence shall participate in 
the development by the Secretary of Defense of the annual budgets for 
the Joint Military Intelligence Program and for Tactical Intelligence 
and Related Activities.
    ``(B) The Director of National Intelligence shall provide guidance 
for the development of the annual budget for each element of the 
intelligence community that is not within the National Intelligence 
Program.
    ``(4) The Director of National Intelligence shall ensure the 
effective execution of the annual budget for intelligence and 
intelligence-related activities.
    ``(5)(A) The Director of National Intelligence shall be responsible 
for managing appropriations for the National Intelligence Program by 
directing the allotment or allocation of such appropriations through the 
heads of the departments containing agencies or organizations within the 
intelligence community and the Director of the Central Intelligence 
Agency, with prior notice (including the provision of appropriate 
supporting information) to the head of the department containing an 
agency or organization receiving any such allocation or allotment or the 
Director of the Central Intelligence Agency.
    ``(B) Notwithstanding any other provision of law, pursuant to 
relevant appropriations Acts for the National Intelligence Program, the 
Director of the Office of Management and Budget shall exercise the 
authority of the Director of the Office of Management and Budget to 
apportion funds, at the exclusive direction of the Director of National 
Intelligence, for allocation to the elements of the intelligence 
community through the relevant host executive departments and the 
Central Intelligence Agency. Department comptrollers or appropriate 
budget execution officers shall allot, allocate, reprogram, or transfer 
funds appropriated for the National Intelligence Program in an 
expeditious manner.
    ``(C) The Director of National Intelligence shall monitor the 
implementation and execution of the National Intelligence Program by the 
heads of the elements of the intelligence community that manage programs 
and activities that are part of the National Intelligence Program, which 
may include audits and evaluations.

[[Page 118 STAT. 3646]]

    ``(6) Apportionment and allotment of funds under this subsection 
shall be subject to chapter 13 and section 1517 of title 31, United 
States Code, and the Congressional Budget and Impoundment Control Act of 
1974 (2 U.S.C. 621 et seq.).
    ``(7)(A) <<NOTE: Reports. Deadlines.>> The Director of National 
Intelligence shall provide a semi-annual report, beginning April 1, 
2005, and ending April 1, 2007, to the President and the Congress 
regarding implementation of this section.

    ``(B) The Director of National Intelligence shall report to the 
President and the Congress not later than 15 days after learning of any 
instance in which a departmental comptroller acts in a manner 
inconsistent with the law (including permanent statutes, authorization 
Acts, and appropriations Acts), or the direction of the Director of 
National Intelligence, in carrying out the National Intelligence 
Program.
    ``(d) Role of Director of National Intelligence in Transfer and 
Reprogramming of Funds.--(1)(A) No funds made available under the 
National Intelligence Program may be transferred or reprogrammed without 
the prior approval of the Director of National Intelligence, except in 
accordance with procedures prescribed by the Director of National 
Intelligence.
    ``(B) The Secretary of Defense shall consult with the Director of 
National Intelligence before transferring or reprogramming funds made 
available under the Joint Military Intelligence Program.
    ``(2) Subject to the succeeding provisions of this subsection, the 
Director of National Intelligence may transfer or reprogram funds 
appropriated for a program within the National Intelligence Program to 
another such program.
    ``(3) The Director of National Intelligence may only transfer or 
reprogram funds referred to in subparagraph (A)--
            ``(A) with the approval of the Director of the Office of 
        Management and Budget; and
            ``(B) after consultation with the heads of departments 
        containing agencies or organizations within the intelligence 
        community to the extent such agencies or organizations are 
        affected, and, in the case of the Central Intelligence Agency, 
        after consultation with the Director of the Central Intelligence 
        Agency.

    ``(4) The amounts available for transfer or reprogramming in the 
National Intelligence Program in any given fiscal year, and the terms 
and conditions governing such transfers and reprogrammings, are subject 
to the provisions of annual appropriations Acts and this subsection.
    ``(5)(A) A transfer or reprogramming of funds or personnel may be 
made under this subsection only if--
            ``(i) the funds are being transferred to an activity that is 
        a higher priority intelligence activity;
            ``(ii) the transfer or reprogramming supports an emergent 
        need, improves program effectiveness, or increases efficiency;
            ``(iii) the transfer or reprogramming does not involve a 
        transfer or reprogramming of funds to a Reserve for 
        Contingencies of the Director of National Intelligence or the 
        Reserve for Contingencies of the Central Intelligence Agency;
            ``(iv) the transfer or reprogramming results in a cumulative 
        transfer or reprogramming of funds out of any department or 
        agency, as appropriate, funded in the National Intelligence 
        Program in a single fiscal year--

[[Page 118 STAT. 3647]]

                    ``(I) that is less than $150,000,000, and
                    ``(II) that is less than 5 percent of amounts 
                available to a department or agency under the National 
                Intelligence Program; and
            ``(v) the transfer or reprogramming does not terminate an 
        acquisition program.

    ``(B) A transfer or reprogramming may be made without regard to a 
limitation set forth in clause (iv) or (v) of subparagraph (A) if the 
transfer has the concurrence of the head of the department involved or 
the Director of the Central Intelligence Agency (in the case of the 
Central Intelligence Agency). The authority to provide such concurrence 
may only be delegated by the head of the department or agency involved 
to the deputy of such officer.
    ``(6) Funds transferred or reprogrammed under this subsection shall 
remain available for the same period as the appropriations account to 
which transferred or reprogrammed.
    ``(7) Any transfer or reprogramming of funds under this subsection 
shall be carried out in accordance with existing procedures applicable 
to reprogramming notifications for the appropriate congressional 
committees. <<NOTE: Reports.>> Any proposed transfer or reprogramming 
for which notice is given to the appropriate congressional committees 
shall be accompanied by a report explaining the nature of the proposed 
transfer or reprogramming and how it satisfies the requirements of this 
subsection. <<NOTE: Notification.>> In addition, the congressional 
intelligence committees shall be promptly notified of any transfer or 
reprogramming of funds made pursuant to this subsection in any case in 
which the transfer or reprogramming would not have otherwise required 
reprogramming notification under procedures in effect as of the date of 
the enactment of this subsection.

    ``(e) Transfer of Personnel.--(1)(A) In addition to any other 
authorities available under law for such purposes, in the first twelve 
months after establishment of a new national intelligence center, the 
Director of National Intelligence, with the approval of the Director of 
the Office of Management and Budget and in consultation with the 
congressional committees of jurisdiction referred to in subparagraph 
(B), may transfer not more than 100 personnel authorized for elements of 
the intelligence community to such center.
    ``(B) <<NOTE: Notice.>> The Director of National Intelligence shall 
promptly provide notice of any transfer of personnel made pursuant to 
this paragraph to--
            ``(i) the congressional intelligence committees;
            ``(ii) the Committees on Appropriations of the Senate and 
        the House of Representatives;
            ``(iii) in the case of the transfer of personnel to or from 
        the Department of Defense, the Committees on Armed Services of 
        the Senate and the House of Representatives; and
            ``(iv) in the case of the transfer of personnel to or from 
        the Department of Justice, to the Committees on the Judiciary of 
        the Senate and the House of Representatives.

    ``(C) The Director shall include in any notice under subparagraph 
(B) an explanation of the nature of the transfer and how it satisfies 
the requirements of this subsection.
    ``(2)(A) The Director of National Intelligence, with the approval of 
the Director of the Office of Management and Budget and in accordance 
with procedures to be developed by the Director of National Intelligence 
and the heads of the departments and agencies

[[Page 118 STAT. 3648]]

concerned, may transfer personnel authorized for an element of the 
intelligence community to another such element for a period of not more 
than 2 years.
    ``(B) A transfer of personnel may be made under this paragraph only 
if--
            ``(i) the personnel are being transferred to an activity 
        that is a higher priority intelligence activity; and
            ``(ii) the transfer supports an emergent need, improves 
        program effectiveness, or increases efficiency.

    ``(C) <<NOTE: Notice.>> The Director of National Intelligence shall 
promptly provide notice of any transfer of personnel made pursuant to 
this paragraph to--
            ``(i) the congressional intelligence committees;
            ``(ii) in the case of the transfer of personnel to or from 
        the Department of Defense, the Committees on Armed Services of 
        the Senate and the House of Representatives; and
            ``(iii) in the case of the transfer of personnel to or from 
        the Department of Justice, to the Committees on the Judiciary of 
        the Senate and the House of Representatives.

    ``(D) The Director shall include in any notice under subparagraph 
(C) an explanation of the nature of the transfer and how it satisfies 
the requirements of this paragraph.
    ``(3) It is the sense of Congress that--
            ``(A) the nature of the national security threats facing the 
        United States will continue to challenge the intelligence 
        community to respond rapidly and flexibly to bring analytic 
        resources to bear against emerging and unforeseen requirements;
            ``(B) both the Office of the Director of National 
        Intelligence and any analytic centers determined to be necessary 
        should be fully and properly supported with appropriate levels 
        of personnel resources and that the President's yearly budget 
        requests adequately support those needs; and
            ``(C) the President should utilize all legal and 
        administrative discretion to ensure that the Director of 
        National Intelligence and all other elements of the intelligence 
        community have the necessary resources and procedures to respond 
        promptly and effectively to emerging and unforeseen national 
        security challenges.

    ``(f) Tasking and Other Authorities.--(1)(A) The Director of 
National Intelligence shall--
            ``(i) establish objectives, priorities, and guidance for the 
        intelligence community to ensure timely and effective 
        collection, processing, analysis, and dissemination (including 
        access by users to collected data consistent with applicable law 
        and, as appropriate, the guidelines referred to in subsection 
        (b) and analytic products generated by or within the 
        intelligence community) of national intelligence;
            ``(ii) determine requirements and priorities for, and manage 
        and direct the tasking of, collection, analysis, production, and 
        dissemination of national intelligence by elements of the 
        intelligence community, including--
                    ``(I) approving requirements (including those 
                requirements responding to needs provided by consumers) 
                for collection and analysis; and

[[Page 118 STAT. 3649]]

                    ``(II) resolving conflicts in collection 
                requirements and in the tasking of national collection 
                assets of the elements of the intelligence community; 
                and
            ``(iii) provide advisory tasking to intelligence elements of 
        those agencies and departments not within the National 
        Intelligence Program.

    ``(B) The authority of the Director of National Intelligence 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 exercises tasking authority 
        under plans or arrangements agreed upon by the Secretary of 
        Defense and the Director of National Intelligence; or
            ``(iii) to the direct dissemination of information to State 
        government and local government officials and private sector 
        entities pursuant to sections 201 and 892 of the Homeland 
        Security Act of 2002 (6 U.S.C. 121, 482).

    ``(2) The Director of National Intelligence shall oversee the 
National Counterterrorism Center and may establish such other national 
intelligence centers as the Director determines necessary.
    ``(3)(A) <<NOTE: Policies.>> The Director of National Intelligence 
shall prescribe, in consultation with the heads of other agencies or 
elements of the intelligence community, and the heads of their 
respective departments, personnel policies and programs applicable to 
the intelligence community that--
            ``(i) encourage and facilitate assignments and details of 
        personnel to national intelligence centers, and between elements 
        of the intelligence community;
            ``(ii) set standards for education, training, and career 
        development of personnel of the intelligence community;
            ``(iii) encourage and facilitate the recruitment and 
        retention by the intelligence community of highly qualified 
        individuals for the effective conduct of intelligence 
        activities;
            ``(iv) ensure that the personnel of the intelligence 
        community are sufficiently diverse for purposes of the 
        collection and analysis of intelligence through 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 the 
        intelligence community a condition of promotion to such 
        positions within the intelligence community as the Director 
        shall specify; and
            ``(vi) ensure the effective management of intelligence 
        community personnel who are responsible for intelligence 
        community-wide matters.

    ``(B) Policies prescribed under subparagraph (A) shall not be 
inconsistent with the personnel policies otherwise applicable to members 
of the uniformed services.
    ``(4) The Director of National Intelligence shall ensure compliance 
with the Constitution and laws of the United States by the Central 
Intelligence Agency and shall ensure such compliance by other elements 
of the intelligence community through the host executive departments 
that manage the programs and activities that are part of the National 
Intelligence Program.
    ``(5) The Director of National Intelligence shall ensure the 
elimination of waste and unnecessary duplication within the intelligence 
community.

[[Page 118 STAT. 3650]]

    ``(6) <<NOTE: Requirements.>> The Director of National Intelligence 
shall establish requirements and priorities for foreign intelligence 
information to be collected under the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801 et seq.), and provide assistance to the 
Attorney General to ensure that information derived from electronic 
surveillance or physical searches under that Act is disseminated so it 
may be used efficiently and effectively for national intelligence 
purposes, except that the Director shall have no authority to direct or 
undertake electronic surveillance or physical search operations pursuant 
to that Act unless authorized by statute or Executive order.

    ``(7) The Director of National Intelligence shall perform such other 
functions as the President may direct.
    ``(8) Nothing in this title shall be construed as affecting the role 
of the Department of Justice or the Attorney General under the Foreign 
Intelligence Surveillance Act of 1978.
    ``(g) <<NOTE: Procedures.>> Intelligence Information Sharing.--(1) 
The Director of National Intelligence shall have principal authority to 
ensure maximum availability of and access to intelligence information 
within the intelligence community consistent with national security 
requirements. The Director of National Intelligence shall--
            ``(A) establish uniform security standards and procedures;
            ``(B) establish common information technology standards, 
        protocols, and interfaces;
            ``(C) ensure development of information technology systems 
        that include multi-level security and intelligence integration 
        capabilities;
            ``(D) establish policies and procedures to resolve conflicts 
        between the need to share intelligence information and the need 
        to protect intelligence sources and methods;
            ``(E) develop an enterprise architecture for the 
        intelligence community and ensure that elements of the 
        intelligence community comply with such architecture; and
            ``(F) have procurement approval authority over all 
        enterprise architecture-related information technology items 
        funded in the National Intelligence Program.

    ``(2) <<NOTE: President.>> The President shall ensure that the 
Director of National Intelligence has all necessary support and 
authorities to fully and effectively implement paragraph (1).

    ``(3) Except as otherwise directed by the President or with the 
specific written agreement of the head of the department or agency in 
question, a Federal agency or official shall not be considered to have 
met any obligation to provide any information, report, assessment, or 
other material (including unevaluated intelligence information) to that 
department or agency solely by virtue of having provided that 
information, report, assessment, or other material to the Director of 
National Intelligence or the National Counterterrorism Center.
    ``(4) <<NOTE: Deadline. Reports.>> Not later than February 1 of each 
year, the Director of National Intelligence shall submit to the 
President and to the Congress an annual report that identifies any 
statute, regulation, policy, or practice that the Director believes 
impedes the ability of the Director to fully and effectively implement 
paragraph (1).

    ``(h) Analysis.--To ensure the most accurate analysis of 
intelligence is derived from all sources to support national security 
needs, the Director of National Intelligence shall--
            ``(1) <<NOTE: Procedures.>> implement policies and 
        procedures--

[[Page 118 STAT. 3651]]

                    ``(A) to encourage sound analytic methods and 
                tradecraft throughout the elements of the intelligence 
                community;
                    ``(B) to ensure that analysis is based upon all 
                sources available; and
                    ``(C) to ensure that the elements of the 
                intelligence community regularly conduct competitive 
                analysis of analytic products, whether such products are 
                produced by or disseminated to such elements;
            ``(2) ensure that resource allocation for intelligence 
        analysis is appropriately proportional to resource allocation 
        for intelligence collection systems and operations in order to 
        maximize analysis of all collected data;
            ``(3) ensure that differences in analytic judgment are fully 
        considered and brought to the attention of policymakers; and
            ``(4) ensure that sufficient relationships are established 
        between intelligence collectors and analysts to facilitate 
        greater understanding of the needs of analysts.

    ``(i) <<NOTE: Guidelines.>> Protection of Intelligence Sources and 
Methods.--(1) The Director of National Intelligence shall protect 
intelligence sources and methods from unauthorized disclosure.

    ``(2) Consistent with paragraph (1), in order to maximize the 
dissemination of intelligence, the Director of National Intelligence 
shall establish and implement guidelines for the intelligence community 
for the following purposes:
            ``(A) Classification of information under applicable law, 
        Executive orders, or other Presidential directives.
            ``(B) Access to and dissemination of intelligence, both in 
        final form and in the form when initially gathered.
            ``(C) Preparation of intelligence products in such a way 
        that source information is removed to allow for dissemination at 
        the lowest level of classification possible or in unclassified 
        form to the extent practicable.

    ``(3) The Director may only delegate a duty or authority given the 
Director under this subsection to the Principal Deputy Director of 
National Intelligence.
    ``(j) Uniform Procedures for Sensitive Compartmented Information.--
The Director of National Intelligence, subject to the direction of the 
President, shall--
            ``(1) establish uniform standards and procedures for the 
        grant of access to sensitive compartmented information to any 
        officer or employee of any agency or department of the United 
        States and to employees of contractors of those agencies or 
        departments;
            ``(2) ensure the consistent implementation of those 
        standards and procedures throughout such agencies and 
        departments;
            ``(3) ensure that security clearances granted by individual 
        elements of the intelligence community are recognized by all 
        elements of the intelligence community, and under contracts 
        entered into by those agencies; and
            ``(4) ensure that the process for investigation and 
        adjudication of an application for access to sensitive 
        compartmented information is performed in the most expeditious 
        manner possible consistent with applicable standards for 
        national security.

    ``(k) Coordination With Foreign Governments.--Under the direction of 
the President and in a manner consistent with section

[[Page 118 STAT. 3652]]

207 of the Foreign Service Act of 1980 (22 U.S.C. 3927), the Director of 
National Intelligence shall oversee the coordination of the 
relationships between elements of the intelligence community and the 
intelligence or security services of foreign governments or 
international organizations on all matters involving intelligence 
related to the national security or involving intelligence acquired 
through clandestine means.
    ``(l) <<NOTE: Regulations.>> Enhanced Personnel Management.--(1)(A) 
The Director of National Intelligence shall, under regulations 
prescribed by the Director, provide incentives for personnel of elements 
of the intelligence community to serve--
            ``(i) on the staff of the Director of National Intelligence;
            ``(ii) on the staff of the national intelligence centers;
            ``(iii) on the staff of the National Counterterrorism 
        Center; and
            ``(iv) in other positions in support of the intelligence 
        community management functions of the Director.

    ``(B) Incentives under subparagraph (A) may include financial 
incentives, bonuses, and such other awards and incentives as the 
Director considers appropriate.
    ``(2)(A) Notwithstanding any other provision of law, the personnel 
of an element of the intelligence community who are assigned or detailed 
under paragraph (1)(A) to service under the Director of National 
Intelligence shall be promoted at rates equivalent to or better than 
personnel of such element who are not so assigned or detailed.
    ``(B) The Director may prescribe regulations to carry out this 
section.
    ``(3)(A) The Director of National Intelligence shall prescribe 
mechanisms to facilitate the rotation of personnel of the intelligence 
community through various elements of the intelligence community in the 
course of their careers in order to facilitate the widest possible 
understanding by such personnel of the variety of intelligence 
requirements, methods, users, and capabilities.
    ``(B) The mechanisms prescribed under subparagraph (A) may include 
the following:
            ``(i) The establishment of special occupational categories 
        involving service, over the course of a career, in more than one 
        element of the intelligence community.
            ``(ii) The provision of rewards for service in positions 
        undertaking analysis and planning of operations involving two or 
        more elements of the intelligence community.
            ``(iii) The establishment of requirements for education, 
        training, service, and evaluation for service involving more 
        than one element of the intelligence community.

    ``(C) It is the sense of Congress that the mechanisms prescribed 
under this subsection should, to the extent practical, seek to duplicate 
for civilian personnel within the intelligence community the joint 
officer management policies established by chapter 38 of title 10, 
United States Code, and the other amendments made by title IV of the 
Goldwater-Nichols Department of Defense Reorganization Act of 1986 
(Public Law 99-433).
    ``(4)(A) Except as provided in subparagraph (B) and subparagraph 
(D), this subsection shall not apply with respect to personnel of the 
elements of the intelligence community who are members of the uniformed 
services.

[[Page 118 STAT. 3653]]

    ``(B) Mechanisms that establish requirements for education and 
training pursuant to paragraph (3)(B)(iii) may apply with respect to 
members of the uniformed services who are assigned to an element of the 
intelligence community funded through the National Intelligence Program, 
but such mechanisms shall not be inconsistent with personnel policies 
and education and training requirements otherwise applicable to members 
of the uniformed services.
    ``(C) The personnel policies and programs developed and implemented 
under this subsection with respect to law enforcement officers (as that 
term is defined in section 5541(3) of title 5, United States Code) shall 
not affect the ability of law enforcement entities to conduct operations 
or, through the applicable chain of command, to control the activities 
of such law enforcement officers.
    ``(D) Assignment to the Office of the Director of National 
Intelligence of commissioned officers of the Armed Forces shall be 
considered a joint-duty assignment for purposes of the joint officer 
management policies prescribed by chapter 38 of title 10, 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), the Director of 
National Intelligence may exercise with respect to the personnel of the 
Office of the Director of National Intelligence any authority of the 
Director of the Central Intelligence Agency with respect to the 
personnel of the Central Intelligence Agency under the Central 
Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), and other 
applicable provisions of law, as of the date of the enactment of this 
subsection to the same extent, and subject to the same conditions and 
limitations, that the Director of the Central Intelligence Agency may 
exercise such authority with respect to personnel of the Central 
Intelligence Agency.
    ``(2) Employees and applicants for employment of the Office of the 
Director of National Intelligence shall have the same rights and 
protections under the Office of the Director of National Intelligence as 
employees of the Central Intelligence Agency have under the Central 
Intelligence Agency Act of 1949, and other applicable provisions of law, 
as of the date of the enactment of this subsection.
    ``(n) Acquisition Authorities.--(1) In carrying out the 
responsibilities and authorities under this section, the Director of 
National Intelligence may exercise the acquisition and appropriations 
authorities referred to in the Central Intelligence Agency Act of 1949 
(50 U.S.C. 403a et seq.) other than 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 authority referred to 
in paragraph (1), a reference to the head of an agency shall be deemed 
to be a reference to the Director of National Intelligence or the 
Principal Deputy Director of National Intelligence.
    ``(3)(A) Any determination or decision to be made under an authority 
referred to in paragraph (1) by the head of an agency may be made with 
respect to individual purchases and contracts or with respect to classes 
of purchases or contracts, and shall be final.
    ``(B) Except as provided in subparagraph (C), the Director of 
National Intelligence or the Principal Deputy Director of National 
Intelligence may, in such official's discretion, delegate to any officer 
or other official of the Office of the Director of National Intelligence 
any authority to make a determination or decision as the head of the 
agency under an authority referred to in paragraph (1).

[[Page 118 STAT. 3654]]

    ``(C) The limitations and conditions set forth in section 3(d) of 
the Central Intelligence Agency Act of 1949 (50 U.S.C. 403c(d)) shall 
apply to the exercise by the Director of National Intelligence of an 
authority referred to in paragraph (1).
    ``(D) Each determination or decision required by an authority 
referred to in the second sentence of section 3(d) of the Central 
Intelligence Agency Act of 1949 shall be based upon written findings 
made by the official making such determination or decision, which 
findings shall be final and shall be available within the Office of the 
Director of National Intelligence for a period of at least six years 
following the date of such determination or decision.
    ``(o) Consideration of Views of Elements of Intelligence 
Community.--In carrying out the duties and responsibilities under this 
section, the Director of National Intelligence shall take into account 
the views of a head of a department containing an element of the 
intelligence community and of the Director of the Central Intelligence 
Agency.
    ``(p) Responsibility of Director of National Intelligence Regarding 
National Intelligence Program Budget Concerning the Department of 
Defense.--Subject to the direction of the President, the Director of 
National Intelligence shall, after consultation with the Secretary of 
Defense, ensure that the National Intelligence Program budgets for the 
elements of the intelligence community that are within the Department of 
Defense are adequate to satisfy the national intelligence needs of the 
Department of Defense, including the needs of the Chairman of the Joint 
Chiefs of Staff and the commanders of the unified and specified 
commands, and wherever such elements are performing Government-wide 
functions, the needs of other Federal departments and agencies.
    ``(q) Acquisitions of Major Systems.--(1) For each intelligence 
program within the National Intelligence Program for the acquisition of 
a major system, the Director of National Intelligence shall--
            ``(A) require the development and implementation of a 
        program management plan that includes cost, schedule, and 
        performance goals and program milestone criteria, except that 
        with respect to Department of Defense programs the Director 
        shall consult with the Secretary of Defense;
            ``(B) serve as exclusive milestone decision authority, 
        except that with respect to Department of Defense programs the 
        Director shall serve as milestone decision authority jointly 
        with the Secretary of Defense or the designee of the Secretary; 
        and
            ``(C) periodically--
                    ``(i) review and assess the progress made toward the 
                achievement of the goals and milestones established in 
                such plan; and
                    ``(ii) <<NOTE: Reports.>> submit to Congress a 
                report on the results of such review and assessment.

    ``(2) <<NOTE: President.>> If the Director of National Intelligence 
and the Secretary of Defense are unable to reach an agreement on a 
milestone decision under paragraph (1)(B), the President shall resolve 
the conflict.

    ``(3) Nothing in this subsection may be construed to limit the 
authority of the Director of National Intelligence to delegate to any 
other official any authority to perform the responsibilities of the 
Director under this subsection.
    ``(4) In this subsection:

[[Page 118 STAT. 3655]]

            ``(A) The term `intelligence program', with respect to the 
        acquisition of a major system, means a program that--
                    ``(i) is carried out to acquire such major system 
                for an element of the intelligence community; and
                    ``(ii) is funded in whole out of amounts available 
                for the National Intelligence Program.
            ``(B) The term `major system' has the meaning given such 
        term in section 4(9) of the Federal Property and Administrative 
        Services Act of 1949 (41 U.S.C. 403(9)).

    ``(r) Performance of Common Services.--The Director of National 
Intelligence shall, in consultation with the heads of departments and 
agencies of the United States Government containing elements within the 
intelligence community and with the Director of the Central Intelligence 
Agency, coordinate the performance by the elements of the intelligence 
community within the National Intelligence Program of such services as 
are of common concern to the intelligence community, which services the 
Director of National Intelligence determines can be more efficiently 
                 accomplished in a consolidated manner.

    ``Sec. 103. (a) <<NOTE: Establishment. 50 USC 403-3.>> Office of 
Director of National Intelligence.--There is an Office of the Director 
of National Intelligence.

    ``(b) Function.--The function of the Office of the Director of 
National Intelligence is to assist the Director of National Intelligence 
in carrying out the duties and responsibilities of the Director under 
this Act, the National Security Act of 1947 (50 U.S.C. 401 et seq.), and 
other applicable provisions of law, and to carry out such other duties 
as may be prescribed by the President or by law.
    ``(c) Composition.--The Office of the Director of National 
Intelligence is composed of the following:
            ``(1) The Director of National Intelligence.
            ``(2) The Principal Deputy Director of National 
        Intelligence.
            ``(3) Any Deputy Director of National Intelligence appointed 
        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 National Counterintelligence Executive).
            ``(9) Such other offices and officials as may be established 
        by law or the Director may establish or designate in the Office, 
        including national intelligence centers.

    ``(d) Staff.--(1) To assist the Director of National Intelligence in 
fulfilling the duties and responsibilities of the Director, the Director 
shall employ and utilize in the Office of the Director of National 
Intelligence a professional staff having an expertise in matters 
relating to such duties and responsibilities, and may establish 
permanent positions and appropriate rates of pay with respect to that 
staff.
    ``(2) The staff of the Office of the Director of National 
Intelligence under paragraph (1) shall include the staff of the Office 
of the Deputy Director of Central Intelligence for Community Management 
that is transferred to the Office of the Director of

[[Page 118 STAT. 3656]]

National Intelligence under section 1091 of the National Security 
Intelligence Reform Act of 2004.
    ``(e) Limitation on Co-Location With Other Elements of Intelligence 
Community.--Commencing <<NOTE: Effective date. ``deputy directors of 
national intelligence>> as of October 1, 2008, the Office of the 
Director of National Intelligence may not be co-located with any other 
                 element of the intelligence community.

    ``Sec. 103A. (a) <<NOTE: President. Congress. 50 USC 403-
3a.>> Principal Deputy Director of National Intelligence.--(1) There is 
a Principal Deputy Director of National 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 of Principal Deputy 
Director of National Intelligence, the Director of National Intelligence 
shall recommend to the President an individual for appointment as 
Principal Deputy Director of National Intelligence.
    ``(3) Any individual nominated for appointment as Principal Deputy 
Director of National Intelligence shall have extensive national security 
experience and management expertise.
    ``(4) The individual serving as Principal Deputy Director of 
National Intelligence shall not, while so serving, serve in any capacity 
in any other element of the intelligence community.
    ``(5) The Principal Deputy Director of National Intelligence shall 
assist the Director of National Intelligence in carrying out the duties 
and responsibilities of the Director.
    ``(6) The Principal Deputy Director of National Intelligence shall 
act for, and exercise the powers of, the Director of National 
Intelligence during the absence or disability of the Director of 
National Intelligence or during a vacancy in the position of Director of 
National Intelligence.
    ``(b) Deputy Directors of National Intelligence.--(1) There may be 
not more than four Deputy Directors of National Intelligence who shall 
be appointed by the Director of National Intelligence.
    ``(2) Each Deputy Director of National Intelligence appointed under 
this subsection shall have such duties, responsibilities, and 
authorities as the Director of National Intelligence may assign or are 
specified by law.
    ``(c) Military Status of Director of National Intelligence and 
Principal Deputy Director of National Intelligence.--(1) Not more than 
one of the individuals serving in the positions specified in paragraph 
(2) may be a commissioned officer of the Armed Forces in active status.
    ``(2) The positions referred to in this paragraph are the following:
            ``(A) The Director of National Intelligence.
            ``(B) The Principal Deputy Director of National 
        Intelligence.

    ``(3) It is the sense of Congress that, under ordinary 
circumstances, it is desirable that one of the individuals serving in 
the positions specified in paragraph (2)--
            ``(A) be a commissioned officer of the Armed Forces, in 
        active status; or
            ``(B) have, by training or experience, an appreciation of 
        military intelligence activities and requirements.

    ``(4) A commissioned officer of the Armed Forces, while serving in a 
position specified in paragraph (2)--

[[Page 118 STAT. 3657]]

            ``(A) shall not be subject to supervision or control by the 
        Secretary of Defense or by any officer or employee of the 
        Department of Defense;
            ``(B) shall not exercise, by reason of the officer's status 
        as a commissioned officer, any supervision or control with 
        respect to any of the military or civilian personnel of the 
        Department of Defense except as otherwise authorized by law; and
            ``(C) shall not be counted against the numbers and 
        percentages of commissioned officers of the rank and grade of 
        such officer authorized for the military department of that 
        officer.

    ``(5) Except as provided in subparagraph (A) or (B) of paragraph 
(4), the appointment of an officer of the Armed Forces to a position 
specified in paragraph (2) shall not affect the status, position, rank, 
or grade of such officer in the Armed Forces, or any emolument, 
perquisite, right, privilege, or benefit incident to or arising out of 
such status, position, rank, or grade.
    ``(6) A commissioned officer of the Armed Forces on active duty who 
is appointed to a position specified in paragraph (2), while serving in 
such position and while remaining on active duty, shall continue to 
receive military pay and allowances and shall not receive the pay 
prescribed for such position. Funds from which such pay and allowances 
are paid shall be reimbursed from funds available to the Director of 
                         National Intelligence.

    ``Sec. 103B. (a) <<NOTE: Establishment. 50 USC 403-3b.>> National 
Intelligence Council.--There is a National Intelligence Council.

    ``(b) Composition.--(1) The National Intelligence Council shall be 
composed of senior analysts within the intelligence community and 
substantive experts from the public and private sector, who shall be 
appointed by, report to, and serve at the pleasure of, the Director of 
National Intelligence.
    ``(2) <<NOTE: Requirements.>> The Director shall prescribe 
appropriate security requirements for personnel appointed from the 
private sector as a condition of service on the Council, or as 
contractors of the Council or employees of such contractors, to ensure 
the protection of intelligence sources and methods while avoiding, 
wherever possible, unduly intrusive requirements which the Director 
considers to be unnecessary for this purpose.

    ``(c) Duties and Responsibilities.--(1) The National Intelligence 
Council shall--
            ``(A) produce national intelligence estimates for the United 
        States Government, including alternative views held by elements 
        of the intelligence community and other information as specified 
        in paragraph (2);
            ``(B) evaluate community-wide collection and production of 
        intelligence by the intelligence community and the requirements 
        and resources of such collection and production; and
            ``(C) otherwise assist the Director of National Intelligence 
        in carrying out the responsibilities of the Director under 
        section 102A.

    ``(2) The Director of National Intelligence shall ensure that the 
Council satisfies the needs of policymakers and other consumers of 
intelligence.
    ``(d) Service as Senior Intelligence Advisers.--Within their 
respective areas of expertise and under the direction of the Director

[[Page 118 STAT. 3658]]

of National Intelligence, the members of the National Intelligence 
Council shall constitute the senior intelligence advisers of the 
intelligence community for purposes of representing the views of the 
intelligence community within the United States Government.
    ``(e) Authority To Contract.--Subject to the direction and control 
of the Director of National Intelligence, the National Intelligence 
Council may carry out its responsibilities under this section by 
contract, including contracts for substantive experts necessary to 
assist the Council with particular assessments under this section.
    ``(f) Staff.--The Director of National Intelligence shall make 
available to the National Intelligence Council such staff as may be 
necessary to permit the Council to carry out its responsibilities under 
this section.
    ``(g) Availability of Council and Staff.--(1) The Director of 
National Intelligence shall take appropriate measures to ensure that the 
National Intelligence Council and its staff satisfy the needs of 
policymaking officials and other consumers of intelligence.
    ``(2) The Council shall be readily accessible to policymaking 
officials and other appropriate individuals not otherwise associated 
with the intelligence community.
    ``(h) Support.--The heads of the elements of the intelligence 
community shall, as appropriate, furnish such support to the National 
Intelligence Council, including the preparation of intelligence 
analyses, as may be required by the Director of National Intelligence.
    ``(i) National Intelligence Council Product.--For purposes of this 
section, the term `National Intelligence Council product' includes a 
National Intelligence Estimate and any other intelligence community 
assessment that sets forth the judgment of the intelligence community as 
              a whole on a matter covered by such product.

    ``Sec. 103C. (a) <<NOTE: President. Congress. 50 USC 403-
3c.>> General Counsel.--There is a General Counsel of the Office of the 
Director of National Intelligence who shall be appointed by the 
President, by and with the advice and consent of the Senate.

    ``(b) Prohibition on Dual Service as General Counsel of Another 
Agency.--The individual serving in the position of General Counsel may 
not, while so serving, also serve as the General Counsel of any other 
department, agency, or element of the United States Government.
    ``(c) Scope of Position.--The General Counsel is the chief legal 
officer of the