S 2845 EAH
In the House of Representatives, U. S.,
October 16, 2004. Resolved, That the bill from the Senate (S. 2845) entitled `An Act to reform the intelligence community and the intelligence and intelligence-related activities of the United States Government, and for other purposes', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the `9/11 Recommendations Implementation Act'.
SEC. 2. 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 National Intelligence Director
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 National Intelligence Director in appointment of certain officials responsible for intelligence-related activities.
Sec. 1015. Initial appointment of the National Intelligence Director.
Sec. 1016. Executive schedule matters.
Sec. 1017. Information sharing.
Sec. 1018. Report on integration of Drug Enforcement Agency into the intelligence community.
Subtitle B--National Counterterrorism Center and Civil Liberties Protections
Sec. 1021. National Counterterrorism Center.
Sec. 1022. Civil Liberties Protection Officer.
Subtitle C--Joint Intelligence Community Council
Sec. 1031. Joint Intelligence Community Council.
Subtitle D--Improvement of Human Intelligence (HUMINT)
Sec. 1041. Human intelligence as an increasingly critical component of the intelligence community.
Sec. 1042. Improvement of human intelligence capacity.
Subtitle E--Improvement of Education for the Intelligence Community
Sec. 1051. Modification of obligated service requirements under National Security Education Program.
Sec. 1052. Improvements to the National Flagship Language Initiative.
Sec. 1053. Establishment of scholarship program for English language studies for heritage community citizens of the United States within the National Security Education Program.
Sec. 1054. Sense of Congress with respect to language and education for the intelligence community; reports.
Sec. 1055. Advancement of foreign languages critical to the intelligence community.
Sec. 1056. Pilot project for Civilian Linguist Reserve Corps.
Sec. 1057. Codification of establishment of the National Virtual Translation Center.
Sec. 1058. Report on recruitment and retention of qualified instructors of the Defense Language Institute.
Subtitle F--Additional Improvements of Intelligence Activities
Sec. 1061. Permanent extension of Central Intelligence Agency Voluntary Separation Incentive Program.
Sec. 1062. National Security Agency Emerging Technologies Panel.
Sec. 1063. Service and National Laboratories and the intelligence community.
Sec. 1064. Improvement in translation and delivery of suspected terrorist communications.
Sec. 1065. Sense of Congress and report regarding open source intelligence.
Subtitle G--Conforming and Other Amendments
Sec. 1071. Conforming amendments relating to roles of National Intelligence Director 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 authorities.
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. Access to Inspector General protections.
Sec. 1079. General references.
Sec. 1080. Application of other laws.
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. Transitional authorities.
Sec. 1096. Effective dates.
Subtitle I--Other Matters
Sec. 1101. Study of promotion and professional military education school selection rates for military intelligence officers.
TITLE II--TERRORISM PREVENTION AND PROSECUTION
Subtitle A--Individual Terrorists as Agents of Foreign Powers
Sec. 2001. Individual terrorists as agents of foreign powers.
Subtitle B--Stop Terrorist and Military Hoaxes Act of 2004
Sec. 2021. Short title.
Sec. 2022. Hoaxes and recovery costs.
Sec. 2023. Obstruction of justice and false statements in terrorism cases.
Sec. 2024. Clarification of definition.
Subtitle C--Material Support to Terrorism Prohibition Enhancement Act of 2004
Sec. 2041. Short title.
Sec. 2042. Receiving military-type training from a foreign terrorist organization.
Sec. 2043. Providing material support to terrorism.
Sec. 2044. Financing of terrorism.
Subtitle D--Weapons of Mass Destruction Prohibition Improvement Act of 2004
Sec. 2051. Short title.
Sec. 2052. Weapons of mass destruction.
Sec. 2053. Participation in nuclear and weapons of mass destruction threats to the United States.
Subtitle E--Money Laundering and Terrorist Financing
Chapter 1--Funding to Combat Financial Crimes Including Terrorist Financing
Sec. 2101. Additional authorization for FinCEN.
Sec. 2102. Money laundering and financial crimes strategy reauthorization.
Chapter 2--Enforcement Tools to Combat Financial Crimes Including Terrorist Financing
SUBCHAPTER A--MONEY LAUNDERING ABATEMENT AND FINANCIAL ANTITERRORISM TECHNICAL CORRECTIONS
Sec. 2111. Short title.
Sec. 2112. Technical corrections to Public Law 107-56.
Sec. 2113. Technical corrections to other provisions of law.
Sec. 2114. Repeal of review.
Sec. 2115. Effective date.
SUBCHAPTER B--ADDITIONAL ENFORCEMENT TOOLS
Sec. 2121. Bureau of Engraving and Printing security printing.
Sec. 2122. Conduct in aid of counterfeiting.
Sec. 2123. Reporting of cross-border transmittal of funds.
Sec. 2124. Enhanced effectiveness of examinations, including anti-money laundering programs.
Subtitle F--Criminal History Background Checks
Sec. 2141. Short title.
Sec. 2142. Criminal history background checks.
Sec. 2143. Protect Act.
Sec. 2144. Reviews of criminal records of applicants for private security officer employment.
Sec. 2145. Task force on clearinghouse for IAFIS criminal history records.
Sec. 2146. Clarification of purpose.
Subtitle G--Protection of United States Aviation System From Terrorist Attacks
Sec. 2171. Provision for the use of biometric or other technology.
Sec. 2172. Transportation security strategic planning.
Sec. 2173. Next generation airline passenger prescreening.
Sec. 2174. Deployment and use of explosive detection equipment at airport screening checkpoints.
Sec. 2175. Pilot program to evaluate use of blast-resistant cargo and baggage containers.
Sec. 2176. Air cargo screening technology.
Sec. 2177. Airport checkpoint screening explosive detection.
Sec. 2178. Next generation security checkpoint.
Sec. 2179. Penalty for failure to secure cockpit door.
Sec. 2180. Federal air marshal anonymity.
Sec. 2181. Federal law enforcement counterterrorism training.
Sec. 2182. Federal flight deck officer weapon carriage pilot program.
Sec. 2183. Registered traveler program.
Sec. 2184. Wireless communication.
Sec. 2185. Secondary flight deck barriers.
Sec. 2186. Extension.
Sec. 2187. Perimeter Security.
Sec. 2188. In-line checked baggage screening.
Sec. 2189. Definitions.
Subtitle H--Other Matters
Sec. 2191. Grand jury information sharing.
Sec. 2192. Interoperable law enforcement and intelligence data system.
Sec. 2193. Improvement of intelligence capabilities of the Federal Bureau of Investigation.
Sec. 2194. Authorization and change of COPS program to single grant program.
Subtitle I--Police Badges
Sec. 2201. Short title.
Sec. 2202. Police badges.
Subtitle J--Railroad Carriers and Mass Transportation Protection Act of 20004
Sec. 2301. Short title.
Sec. 2302. Attacks against railroad carriers and mass transportation systems.
Subtitle K--Prevention of Terrorist Access to Destructive Weapons Act of 2004
Sec. 2401. Short title.
Sec. 2402. Findings and purpose.
Sec. 2403. Missile systems designed to destroy aircraft.
Sec. 2404. Atomic weapons.
Sec. 2405. Radiological dispersal devices.
Sec. 2406. Variola virus.
Sec. 2407. Interception of communications.
Sec. 2408. Amendments to section 2332b(g)(5)(b) of title 18, United States Code.
Sec. 2409. Amendments to section 1956(c)(7)(d) of title 18, United States Code.
Sec. 2410. Export licensing process.
Sec. 2411. Clerical amendments.
Subtitle L--Terrorist Penalties Enhancement Act of 2004
Sec. 2501. Short title.
Sec. 2502. Penalties for terrorist offenses resulting in death; denial of Federal benefits to terrorists.
Sec. 2503. Death penalty in certain air piracy cases occurring before enactment of the Federal death penalty act of 1994.
Subtitle M--Pretrial Detention and Postrelease Supervision of Terrorists
Sec. 2601. Short title.
Sec. 2602. Presumption for pretrial detention in cases involving terrorism.
Sec. 2603. Postrelease supervision of terrorists.
TITLE III--BORDER SECURITY AND TERRORIST TRAVEL
Subtitle A--Immigration Reform in the National Interest
Chapter 1--General Provisions
Sec. 3001. Eliminating the `Western Hemisphere' exception for citizens.
Sec. 3002. Modification of waiver authority with respect to documentation requirements for nationals of foreign contiguous territories and adjacent islands.
Sec. 3003. Increase in full-time border patrol agents.
Sec. 3004. Increase in full-time immigration and customs enforcement investigators.
Sec. 3005. Increase in detention bed space.
Sec. 3006. Alien identification standards.
Sec. 3007. Expedited removal.
Sec. 3008. Preventing terrorists from obtaining asylum.
Sec. 3009. Revocation of visas and other travel documentation.
Sec. 3010. Judicial review of orders of removal.
Chapter 2--Removal of Terrorists and Supporters of Terrorism
Sec. 3031. Expanded inapplicability of restriction on removal.
Sec. 3032. Detention of aliens barred from restriction on removal pending removal.
Sec. 3033. Additional removal authorities.
Sec. 3034. Inadmissibility due to terrorist and terrorist-related activities.
Sec. 3035. Deportability of terrorists.
Chapter 3--Preventing Commercial Alien Smuggling
Sec. 3041. Bringing in and harboring certain aliens.
Subtitle B--Identity Management Security
Chapter 1--Improved Security for Drivers' Licenses and Personal Identification Cards
Sec. 3051. Definitions.
Sec. 3052. Minimum document requirements and issuance standards for federal recognition.
Sec. 3053. Linking of databases.
Sec. 3054. Trafficking in authentication features for use in false identification documents.
Sec. 3055. Grants to States.
Sec. 3056. Authority.
Chapter 2--Improved Security for Birth Certificates
Sec. 3061. Definitions.
Sec. 3062. Applicability of minimum standards to local governments.
Sec. 3063. Minimum standards for Federal recognition.
Sec. 3064. Establishment of electronic birth and death registration systems.
Sec. 3065. Electronic verification of vital events.
Sec. 3066. Grants to States.
Sec. 3067. Authority.
Chapter 3--Measures To Enhance Privacy and Integrity of Social Security Account Numbers
Sec. 3071. Prohibition of the display of social security account numbers on driver's licenses or motor vehicle registrations.
Sec. 3072. Independent verification of birth records provided in support of applications for social security account numbers.
Sec. 3073. Enumeration at birth.
Sec. 3074. Study relating to use of photographic identification in connection with applications for benefits, social security account numbers, and social security cards.
Sec. 3075. Restrictions on issuance of multiple replacement social security cards.
Sec. 3076. Study relating to modification of the social security account numbering system to show work authorization status.
Subtitle C--Targeting Terrorist Travel
Sec. 3081. Studies on machine-readable passports and travel history database.
Sec. 3082. Expanded preinspection at foreign airports.
Sec. 3083. Immigration security initiative.
Sec. 3084. Responsibilities and functions of consular officers.
Sec. 3085. Increase in penalties for fraud and related activity.
Sec. 3086. Criminal penalty for false claim to citizenship.
Sec. 3087. Antiterrorism assistance training of the Department of State.
Sec. 3088. International agreements to track and curtail terrorist travel through the use of fraudulently obtained documents.
Sec. 3089. International standards for translation of names into the Roman alphabet for international travel documents and name-based watchlist systems.
Sec. 3090. Biometric entry and exit data system.
Sec. 3091. Enhanced responsibilities of the coordinator for counterterrorism.
Sec. 3092. Establishment of Office of Visa and Passport Security in the Department of State.
Subtitle D--Terrorist Travel
Sec. 3101. Information sharing and coordination.
Sec. 3102. Terrorist travel program.
Sec. 3103. Training program.
Sec. 3104. Technology acquisition and dissemination plan.
Subtitle E--Maritime Security Requirements
Sec. 3111. Deadlines for implementation of maritime security requirements.
Subtitle F--Treatment of Aliens Who Commit Acts of Torture, Extrajudicial Killings, or Other Atrocities Abroad
Sec. 3121. Inadmissibility and deportability of aliens who have committed acts of torture or extrajudicial killings abroad.
Sec. 3122. Inadmissibility and deportability of foreign government officials who have committed particularly severe violations of religious freedom.
Sec. 3123. Waiver of inadmissibility.
Sec. 3124. Bar to good moral character for aliens who have committed acts of torture, extrajudicial killings, or severe violations of religious freedom.
Sec. 3125. Establishment of the office of special investigations.
Sec. 3126. Report on implementation.
Subtitle G--Security Barriers
Sec. 3131. Expedited completion of security barriers.
TITLE IV--INTERNATIONAL COOPERATION AND COORDINATION
Subtitle A--Attack Terrorists and Their Organizations
Chapter 1--Provisions Relating to terrorist sanctuaries
Sec. 4001. United States policy on terrorist sanctuaries.
Sec. 4002. Reports on terrorist sanctuaries.
Sec. 4003. Amendments to existing law to include terrorist sanctuaries.
Chapter 2--Other Provisions
Sec. 4011. Appointments to fill vacancies in Arms Control and Nonproliferation Advisory Board.
Sec. 4012. Review of United States policy on proliferation of weapons of mass destruction and control of strategic weapons.
Sec. 4013. International agreements to interdict acts of international terrorism.
Sec. 4014. Effective Coalition approach toward detention and humane treatment of captured terrorists.
Subtitle B--Prevent the Continued Growth of Terrorism
Chapter 1--United States Public Diplomacy
Sec. 4021. Annual review and assessment of public diplomacy strategy.
Sec. 4022. Public diplomacy training.
Sec. 4023. Promoting direct exchanges with Muslim countries.
Sec. 4024. Public diplomacy required for promotion in Foreign Service.
Chapter 2--United States Multilateral Diplomacy
Sec. 4031. Purpose.
Sec. 4032. Support and expansion of Democracy Caucus.
Sec. 4033. Leadership and membership of international organizations.
Sec. 4034. Increased training in multilateral diplomacy.
Sec. 4035. Implementation and establishment of Office on Multilateral Negotiations.
Chapter 3--Other provisions
Sec. 4041. Pilot program to provide grants to American-sponsored schools in predominantly Muslim countries to provide scholarships.
Sec. 4042. Enhancing free and independent media.
Sec. 4043. Combating biased or false foreign media coverage of the United States.
Sec. 4044. Report on broadcast outreach strategy.
Sec. 4045. Office relocation.
Sec. 4046. Strengthening the Community of Democracies for Muslim countries.
Subtitle C--Reform of Designation of Foreign Terrorist Organizations
Sec. 4051. Designation of foreign terrorist organizations.
Sec. 4052. Inclusion in annual Department of State country reports on terrorism of information on terrorist groups that seek weapons of mass destruction and groups that have been designated as foreign terrorist organizations.
Subtitle D--Afghanistan Freedom Support Act Amendments of 2004
Sec. 4061. Short title.
Sec. 4062. Coordination of assistance for Afghanistan.
Sec. 4063. General provisions relating to the Afghanistan Freedom Support Act of 2002.
Sec. 4064. Rule of law and related issues.
Sec. 4065. Monitoring of assistance.
Sec. 4066. United States policy to support disarmament of private militias and to support expansion of international peacekeeping and security operations in Afghanistan.
Sec. 4067. Efforts to expand international peacekeeping and security operations in Afghanistan.
Sec. 4068. Provisions relating to counternarcotics efforts in Afghanistan.
Sec. 4069. Additional amendments to the Afghanistan Freedom Support Act of 2002.
Sec. 4070. Repeal.
Subtitle E--Provisions Relating to Saudi Arabia and Pakistan
Sec. 4081. New United States strategy for relationship with Saudi Arabia.
Sec. 4082. United States commitment to the future of Pakistan.
Sec. 4083. Extension of Pakistan waivers.
Subtitle F--Oversight Provisions
Sec. 4091. Case-Zablocki Act requirements.
Subtitle G--Additional Protections of United States Aviation System from Terrorist Attacks
Sec. 4101. International agreements to allow maximum deployment of Federal flight deck officers.
Sec. 4102. Federal air marshal training.
Sec. 4103. Man-portable air defense systems (MANPADS).
Subtitle H--Improving International Standards and Cooperation to Fight Terrorist Financing
Sec. 4111. Sense of the Congress regarding success in multilateral organizations.
Sec. 4112. Expanded reporting and testimony requirements for the Secretary of the Treasury.
Sec. 4113. Coordination of United States Government efforts.
Sec. 4114. Definitions.
TITLE V--GOVERNMENT RESTRUCTURING
Subtitle A--Faster and Smarter Funding for First Responders
Sec. 5001. Short title.
Sec. 5002. Findings.
Sec. 5003. Faster and smarter funding for first responders.
Sec. 5004. Coordination of industry efforts.
Sec. 5005. Superseded provision.
Sec. 5006. Sense of Congress regarding interoperable communications.
Sec. 5007. Sense of Congress regarding citizen corps councils.
Sec. 5008. Study regarding nationwide emergency notification system.
Sec. 5009. Required coordination.
Sec. 5010. Study of expansion of area of jurisdiction of Office of National Capital Region Coordination.
Sec. 5011. Digital television conversion deadline.
Subtitle B--Government Reorganization Authority
Sec. 5021. Authorization of intelligence community reorganization plans.
Subtitle C--Restructuring Relating to the Department of Homeland Security and Congressional Oversight
Sec. 5025. Responsibilities of Counternarcotics Office.
Sec. 5026. Use of counternarcotics enforcement activities in certain employee performance appraisals.
Sec. 5027. Sense of the House of Representatives on addressing homeland security for the American people.
Sec. 5028. Assistant Secretary for Cybersecurity.
Sec. 5029. Integrating security screening systems and enhancing information sharing by Department of Homeland Security.
Sec. 5030. Under Secretary for the Private Sector and Tourism.
Subtitle D--Improvements to Information Security
Sec. 5031. Amendments to Clinger-Cohen provisions to enhance agency planning for information security needs.
Subtitle E--Personnel Management Improvements
Chapter 1--Appointments Process Reform
Sec. 5041. Appointments to national security positions.
Sec. 5042. Presidential inaugural transitions.
Sec. 5043. Public financial disclosure for the intelligence community.
Sec. 5044. Reduction of positions requiring appointment with Senate confirmation.
Sec. 5045. Effective dates.
Chapter 2--Federal Bureau of Investigation Revitalization
Sec. 5051. Mandatory separation age.
Sec. 5052. Retention and relocation bonuses.
Sec. 5053. Federal Bureau of Investigation Reserve Service.
Sec. 5054. Critical positions in the Federal Bureau of Investigation intelligence directorate.
CHAPTER 3--REPORTING REQUIREMENT
Sec. 5061. Reporting requirement.
Subtitle F--Security Clearance Modernization
Sec. 5071. Definitions.
Sec. 5072. Security clearance and investigative programs oversight and administration.
Sec. 5073. Reciprocity of security clearance and access determinations.
Sec. 5074. Establishment of national database .
Sec. 5075. Use of available technology in clearance investigations.
Sec. 5076. Reduction in length of personnel security clearance process.
Sec. 5077. Security clearances for presidential transition.
Sec. 5078. Reports.
Subtitle G--Emergency Financial Preparedness
Chapter 1--Emergency Preparedness for Fiscal Authorities
Sec. 5081. Delegation authority of the Secretary of the Treasury.
Sec. 5082. Treasury support for financial services industry preparedness and response.
Chapter 2--Market Preparedness
Sec. 5084. Short title.
Sec. 5085. Extension of emergency order authority of the Securities and Exchange Commission.
Sec. 5086. Parallel authority of the Secretary of the Treasury with respect to government securities.
Sec. 5087. Joint report on implementation of financial system resilience recommendations.
Sec. 5088. Private sector preparedness.
Sec. 5089. Report on public/private partnerships.
Subtitle H--Other Matters
Chapter 1--Privacy Matters
Sec. 5091. Requirement that agency rulemaking take into consideration impacts on individual privacy.
Sec. 5092. Chief privacy officers for agencies with law enforcement or anti-terrorism functions.
Chapter 2--Mutual Aid and Litigation Management
Sec. 5101. Short title.
Sec. 5102. Mutual aid authorized.
Sec. 5103. Litigation management agreements.
Sec. 5104. Additional provisions.
Sec. 5105. Definitions.
Sec. 5106. Emergency preparedness compacts.
Chapter 3--Miscellaneous Matters
Sec. 5131. Enhancement of public safety communications interoperability.
Sec. 5132. Sense of Congress regarding the incident command system.
Sec. 5133. Sense of Congress regarding United States Northern Command plans and strategies.
Sec. 5134. Removal of civil liability barriers that discourage the donation of fire equipment to volunteer fire companies.
Sec. 5135. Pilot study to move warning systems into the modern digital age.
TITLE I--REFORM OF THE INTELLIGENCE COMMUNITY SEC. 1001. SHORT TITLE.
This title may be cited as the `National Security Intelligence Improvement Act of 2004'.
Subtitle A--Establishment of National Intelligence Director 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:
`NATIONAL INTELLIGENCE DIRECTOR
`SEC. 102. (a) NATIONAL INTELLIGENCE DIRECTOR- (1) There is a National Intelligence Director who shall be appointed by the President, by and with the advice and consent of the Senate.
`(2) The National Intelligence Director 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 National Intelligence Director 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) through the heads of the departments containing elements of the intelligence community, and the Central Intelligence Agency, manage and oversee the execution of the National Intelligence Program and direct the National Intelligence Program.
`(c) PROHIBITION ON DUAL SERVICE- The individual serving in the position of National Intelligence Director 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.
`RESPONSIBILITIES AND AUTHORITIES OF THE NATIONAL INTELLIGENCE DIRECTOR
`SEC. 102A. (a) PROVISION OF INTELLIGENCE- (1) Under the direction of the President, the National Intelligence Director 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) where appropriate, to the Senate and House of Representatives and the committees thereof; and
`(E) to such other persons as the National Intelligence Director 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- To the extent approved by the President, the National Intelligence Director 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 National Intelligence Director.
`(c) BUDGET AUTHORITIES- (1)(A) The National Intelligence Director shall develop and present to the President on an annual basis a budget for intelligence and intelligence-related activities of the United States.
`(B) In carrying out subparagraph (A) for any fiscal year for the components of the budget that comprise the National Intelligence Program, the National Intelligence Director shall provide guidance to the heads of departments containing elements of the intelligence community, and to the heads of the elements of the intelligence community, for development of budget inputs to the National Intelligence Director.
`(2)(A) The National Intelligence Director 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 National Intelligence Director 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.
`(3) In carrying out paragraphs (1) and (2), the National Intelligence Director may, as appropriate, obtain the advice of the Joint Intelligence Community Council.
`(4) The National Intelligence Director shall ensure the effective execution of the annual budget for intelligence and intelligence-related activities.
`(5)(A) The National Intelligence Director shall facilitate the management and execution of funds appropriated for the National Intelligence Program.
`(B) Notwithstanding any other provision of law, in receiving funds pursuant to relevant appropriations Acts for the National Intelligence Program, the Office of Management and Budget shall apportion funds appropriated for the National Intelligence Program to the National Intelligence Director for allocation to the elements of the intelligence community through the host executive departments that manage programs and activities that are part of the National Intelligence Program.
`(C) The National Intelligence Director 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, as necessary and feasible.
`(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) The National Intelligence Director shall provide a quarterly report, beginning April 1, 2005, and ending April 1, 2007, to the President and the Congress regarding implementation of this section.
`(B) The National Intelligence Director shall report to the President and the Congress not later than 5 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 National Intelligence Director, in carrying out the National Intelligence Program.
`(d) ROLE OF NATIONAL INTELLIGENCE DIRECTOR IN REPROGRAMMING- (1) No funds made available under the National Intelligence Program may be transferred or reprogrammed without the prior approval of the National Intelligence Director, except in accordance with procedures prescribed by the National Intelligence Director.
`(2) The Secretary of Defense shall consult with the National Intelligence Director before transferring or reprogramming funds made available under the Joint Military Intelligence Program.
`(e) TRANSFER OF FUNDS OR PERSONNEL WITHIN NATIONAL INTELLIGENCE PROGRAM- (1) In addition to any other authorities available under law for such purposes, the National Intelligence Director, with the approval of the Director of the Office of Management and Budget--
`(A) may transfer funds appropriated for a program within the National Intelligence Program to another such program; and
`(B) in accordance with procedures to be developed by the National Intelligence Director and the heads of the departments and agencies concerned, may transfer personnel authorized for an element of the intelligence community to another such element for periods up to one year.
`(2) The amounts available for transfer in the National Intelligence Program in any given fiscal year, and the terms and conditions governing such transfers, are subject to the provisions of annual appropriations Acts and this subsection.
`(3)(A) A transfer of funds or personnel may be made under this subsection only if--
`(i) the funds or personnel are being transferred to an activity that is a higher priority intelligence activity;
`(ii) the need for funds or personnel for such activity is based on unforeseen requirements;
`(iii) the transfer does not involve a transfer of funds to the Reserve for Contingencies of the Central Intelligence Agency;
`(iv) in the case of a transfer of funds, the transfer results in a cumulative transfer of funds out of any department or agency, as appropriate, funded in the National Intelligence Program in a single fiscal year--
`(I) that is less than $100,000,000, 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 does not terminate a program.
`(B) A transfer 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 or agency involved. 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.
`(4) Funds transferred under this subsection shall remain available for the same period as the appropriations account to which transferred.
`(5) Any transfer of funds under this subsection shall be carried out in accordance with existing procedures applicable to reprogramming notifications for the appropriate congressional committees. Any proposed transfer for which notice is given to the appropriate congressional committees shall be accompanied by a report explaining the nature of the proposed transfer and how it satisfies the requirements of this subsection. In addition, the congressional intelligence committees shall be promptly notified of any transfer of funds made pursuant to this subsection in any case in which the transfer would not have otherwise required reprogramming notification under procedures in effect as of the date of the enactment of this subsection.
`(6)(A) The National Intelligence Director shall promptly submit to--
`(i) the congressional intelligence committees,
`(ii) in the case of the transfer of personnel to or from the Department of Defense, the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, 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,
a report on any transfer of personnel made pursuant to this subsection.
`(B) The Director shall include in any such report an explanation of the nature of the transfer and how it satisfies the requirements of this subsection.
`(f) TASKING AND OTHER AUTHORITIES- (1)(A) The National Intelligence Director shall--
`(i) develop collection 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 and establish 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 for collection and analysis, and
`(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 National Intelligence Director 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 National Intelligence Director; 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 National Intelligence Director shall oversee the National Counterterrorism Center and may establish such other national intelligence centers as the Director determines necessary.
`(3)(A) The National Intelligence Director shall prescribe community-wide personnel policies that--
`(i) facilitate assignments across community elements and to the intelligence centers;
`(ii) establish overarching standards for intelligence education and training; and
`(iii) promote the most effective analysis and collection of intelligence by ensuring a diverse workforce, including the recruitment and training of women, minorities, and individuals with diverse, ethnic, and linguistic backgrounds.
`(B) In developing the policies prescribed under subparagraph (A), the National Intelligence Director shall consult with the heads of the departments containing the elements of the intelligence community.
`(C) Policies prescribed under subparagraph (A) shall not be inconsistent with the personnel policies otherwise applicable to members of the uniformed services.
`(4) The National Intelligence Director 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 National Intelligence Director shall ensure the elimination of waste and unnecessary duplication within the intelligence community.
`(6) The National Intelligence Director shall perform such other functions as the President may direct.
`(7) Nothing in this title shall be construed as affecting the role of the Department of Justice or the Attorney General with respect to applications under the Foreign Intelligence Surveillance Act of 1978.
`(g) INTELLIGENCE INFORMATION SHARING- (1) The National Intelligence Director shall have principal authority to ensure maximum availability of and access to intelligence information within the intelligence community consistent with national security requirements. The National Intelligence Director 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; and
`(D) establish policies and procedures to resolve conflicts between the need to share intelligence information and the need to protect intelligence sources and methods.
`(2) The President shall ensure that the National Intelligence Director 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 National Intelligence Director or the National Counterterrorism Center.
`(4) Not later than February 1 of each year, the National Intelligence Director 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- (1) The National Intelligence Director shall ensure that all elements of the intelligence community strive for the most accurate analysis of intelligence derived from all sources to support national security needs.
`(2) The National Intelligence Director shall ensure that intelligence analysis generally receives the highest priority when distributing resources within the intelligence community and shall carry out duties under this subsection in a manner that--
`(A) develops all-source analysis techniques;
`(B) ensures competitive analysis;
`(C) ensures that differences in judgment are fully considered and brought to the attention of policymakers; and
`(D) builds relationships between intelligence collectors and analysts to facilitate greater understanding of the needs of analysts.
`(i) PROTECTION OF INTELLIGENCE SOURCES AND METHODS- (1) In order to protect intelligence sources and methods from unauthorized disclosure and, consistent with that protection, to maximize the dissemination of intelligence, the National Intelligence Director shall establish and implement guidelines for the intelligence community for the following purposes:
`(A) Classification of information.
`(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.
`(2) The Director may only delegate a duty or authority given the Director under this subsection to the Deputy National Intelligence Director.
`(j) UNIFORM PROCEDURES FOR SENSITIVE COMPARTMENTED INFORMATION- The President, acting through the National Intelligence Director, 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 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927), the National Intelligence Director shall oversee the coordination of the relationships between elements of the intelligence community and the intelligence or security services of foreign governments on all matters involving intelligence related to the national security or involving intelligence acquired through clandestine means.
`(l) ENHANCED PERSONNEL MANAGEMENT- (1)(A) The National Intelligence Director 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 National Intelligence Director;
`(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 National Intelligence Director 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 National Intelligence Director 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 that involve service in 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) This subsection shall not apply with respect to personnel of the elements of the intelligence community who are members of the uniformed services or law enforcement officers (as that term is defined in section 5541(3) of title 5, United States Code).
`(B) Assignment to the Office of the National Intelligence Director 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 National Intelligence Director may exercise with respect to the personnel of the Office of the National Intelligence Director 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 National Intelligence Director shall have the same rights and protections under the Office of the National Intelligence Director 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 National Intelligence Director may exercise the acquisition authorities referred to in the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.).
`(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 National Intelligence Director or the Deputy National Intelligence Director.
`(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 National Intelligence Director or the Deputy National Intelligence Director may, in such official's discretion, delegate to any officer or other official of the Office of the National Intelligence Director any authority to make a determination or decision as the head of the agency under an authority referred to in paragraph (1).
`(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 National Intelligence Director 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 National Intelligence Director for a period of at least six years following the date of such determination or decision.
`(o) CONSIDERATION OF VIEWS OF ELEMENTS OF THE INTELLIGENCE COMMUNITY- In carrying out the duties and responsibilities under this section, the National Intelligence Director 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.
`OFFICE OF THE NATIONAL INTELLIGENCE DIRECTOR
`SEC. 103. (a) ESTABLISHMENT OF OFFICE; FUNCTION- (1) There is an Office of the National Intelligence Director. The Office of the National Intelligence Director shall not be located within the Executive Office of the President.
`(2) The function of the Office is to assist the National Intelligence Director in carrying out the duties and responsibilities of the Director under this Act and to carry out such other duties as may be prescribed by the President or by law.
`(3) Any authority, power, or function vested by law in any officer, employee, or part of the Office of the National Intelligence Director is vested in, or may be exercised by, the National Intelligence Director.
`(4) Exemptions, exceptions, and exclusions for the Central Intelligence Agency or for personnel, resources, or activities of such Agency from otherwise applicable laws, other than the exception contained in section 104A(c)(1) shall apply in the same manner to the Office of the National Intelligence Director and the personnel, resources, or activities of such Office.
`(b) OFFICE OF NATIONAL INTELLIGENCE DIRECTOR- (1) The Office of the National Intelligence Director is composed of the following:
`(A) The National Intelligence Director.
`(B) The Deputy National Intelligence Director.
`(C) The Deputy National Intelligence Director for Operations.
`(D) The Deputy National Intelligence Director for Community Management and Resources.
`(E) The Associate National Intelligence Director for Military Support.
`(F) The Associate National Intelligence Director for Domestic Security.
`(G) The Associate National Intelligence Director for Diplomatic Affairs.
`(H) The Associate National Intelligence Director for Science and Technology.
`(I) The National Intelligence Council.
`(J) The General Counsel to the National Intelligence Director.
`(K) Such other offices and officials as may be established by law or the National Intelligence Director may establish or designate in the Office.
`(2) To assist the National Intelligence Director in fulfilling the duties and responsibilities of the Director, the Director shall employ and utilize in the Office of the National Intelligence Director a staff having expertise in matters relating to such duties and responsibilities and may establish permanent positions and appropriate rates of pay with respect to such staff.
`(c) DEPUTY NATIONAL INTELLIGENCE DIRECTOR- (1) There is a Deputy National Intelligence Director who shall be appointed by the President, by and with the advice and consent of the Senate.
`(2) The Deputy National Intelligence Director shall assist the National Intelligence Director in carrying out the responsibilities of the National Intelligence Director under this Act.
`(3) The Deputy National Intelligence Director shall act for, and exercise the powers of, the National Intelligence Director during the absence or disability of the National Intelligence Director or during a vacancy in the position of the National Intelligence Director.
`(4) The Deputy National Intelligence Director takes precedence in the Office of the National Intelligence Director immediately after the National Intelligence Director.
`(d) DEPUTY NATIONAL INTELLIGENCE DIRECTOR FOR OPERATIONS- (1) There is a Deputy National Intelligence Director for Operations.
`(2) The Deputy National Intelligence Director for Operations shall--
`(A) assist the National Intelligence Director in all aspects of intelligence operations, including intelligence tasking, requirements, collection, and analysis;
`(B) assist the National Intelligence Director in overseeing the national intelligence centers; and
`(C) perform such other duties and exercise such powers as National Intelligence Director may prescribe.
`(e) DEPUTY NATIONAL INTELLIGENCE DIRECTOR FOR COMMUNITY MANAGEMENT AND RESOURCES- (1) There is a Deputy National Intelligence Director for Community Management and Resources.
`(2) The Deputy National Intelligence Director for Community Management and Resources shall--
`(A) assist the National Intelligence Director in all aspects of management and resources, including administration, budgeting, information security, personnel, training, and programmatic functions; and
`(B) perform such other duties and exercise such powers as the National Intelligence Director may prescribe.
`(f) ASSOCIATE NATIONAL INTELLIGENCE DIRECTOR FOR MILITARY SUPPORT- (1) There is an Associate National Intelligence Director for Military Support who shall be appointed by the National Intelligence Director, in consultation with the Secretary of Defense.
`(2) The Associate National Intelligence Director for Military Support shall--
`(A) ensure that the intelligence needs of the Department of Defense are met; and
`(B) perform such other duties and exercise such powers as the National Intelligence Director may prescribe.
`(g) ASSOCIATE NATIONAL INTELLIGENCE DIRECTOR FOR DOMESTIC SECURITY- (1) There is an Associate National Intelligence Director for Domestic Security who shall be appointed by the National Intelligence Director in consultation with the Attorney General and the Secretary of Homeland Security.
`(2) The Associate National Intelligence Director for Domestic Security shall--
`(A) ensure that the intelligence needs of the Department of Justice, the Department of Homeland Security, and other relevant executive departments and agencies are met; and
`(B) perform such other duties and exercise such powers as the National Intelligence Director may prescribe, except that the National Intelligence Director may not make such officer responsible for disseminating any domestic or homeland security information to State government or local government officials or any private sector entity.
`(h) ASSOCIATE NATIONAL INTELLIGENCE DIRECTOR FOR DIPLOMATIC AFFAIRS- (1) There is an Associate National Intelligence Director for Diplomatic Affairs who shall be appointed by the National Intelligence Director in consultation with the Secretary of State.
`(2) The Associate National Intelligence Director for Diplomatic Affairs shall--
`(A) ensure that the intelligence needs of the Department of State are met; and
`(B) perform such other duties and exercise such powers as the National Intelligence Director may prescribe.
`(i) ASSOCIATE NATIONAL INTELLIGENCE DIRECTOR FOR SCIENCE AND TECHNOLOGY- (1) There is an Associate National Intelligence Director for Science and Technology who shall be appointed by the National Intelligence Director.
`(2) The Associate National Intelligence Director for Science and Technology shall--
`(A) advise the National Intelligence Director regarding research and development efforts and priorities in support of the intelligence mission, to ensure that the science and technology needs of the National Intelligence Program will be met;
`(B) develop in consultation with appropriate agencies and the Associate National Intelligence Directors for Military Support, Domestic Security, and Diplomatic Affairs a strategic plan to support United States leadership in science and technology to facilitate intelligence missions; and
`(C) perform such other duties and exercise such powers as the National Intelligence Director may prescribe.
`(j) MILITARY STATUS OF DIRECTOR AND DEPUTY DIRECTORS- (1) Not more than one of the individuals serving in the positions specified in paragraph (2) may be a commissioned officer of the Armed Forces in active status.
`(2) The positions referred to in this paragraph are the following:
`(A) The National Intelligence Director.
`(B) The Deputy National Intelligence Director.
`(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)--
`(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 National Intelligence Director.
`(k) NATIONAL INTELLIGENCE COUNCIL- (1) There is a National Intelligence Council.
`(2)(A) 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 National Intelligence Director.
`(B) The Director shall prescribe appropriate security requirements for personnel appointed from the private sector as a condition of service on the Council, or as contractors of the Council or employees of such contractors, to ensure the protection of intelligence sources and methods while avoiding, wherever possible, unduly intrusive requirements which the Director considers to be unnecessary for this purpose.
`(3) The National Intelligence Council shall--
`(A) produce national intelligence estimates for the United States Government, including alternative views held by elements of the intelligence community;
`(B) evaluate community-wide collection and production of intelligence by the intelligence community and the requirements and resources of such collection and production; and
`(C) otherwise assist the National Intelligence Director in carrying out the responsibilities of the Director.
`(4) Within their respective areas of expertise and under the direction of the National Intelligence Director, 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.
`(5) Subject to the direction and control of the National Intelligence Director, the National Intelligence Council may carry out its responsibilities under this subsection by contract, including contracts for substantive experts necessary to assist the Council with particular assessments under this subsection.
`(6) The National Intelligence Director shall make available to the National Intelligence Council such personnel as may be necessary to permit the Council to carry out its responsibilities under this subsection.
`(7)(A) The National Intelligence Director 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.
`(B) The Council shall be readily accessible to policymaking officials and other appropriate individuals not otherwise associated with the intelligence community.
`(8) 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 National Intelligence Director.
`(l) GENERAL COUNSEL TO THE NATIONAL INTELLIGENCE DIRECTOR- (1) There is a General Counsel to the National Intelligence Director.
`(2) The individual serving in the position of General Counsel to the National Intelligence Director may not, while so serving, also serve as the General Counsel of any other agency or department of the United States.
`(3) The General Counsel to the National Intelligence Director is the chief legal officer for the National Intelligence Director.
`(4) The General Counsel to the National Intelligence Director shall perform such functions as the National Intelligence Director may prescribe.
`(m) INTELLIGENCE COMMUNITY INFORMATION TECHNOLOGY OFFICER- (1) There is an Intelligence Community Information Technology Officer who shall be appointed by the National Intelligence Director.
`(2) The mission of the Intelligence Community Information Technology Officer is to assist the National Intelligence Director in ensuring the sharing of information in the fullest and most prompt manner between and among elements of the intelligence community consistent with section 102A(g).
`(3) The Intelligence Community Information Technology Officer shall--
`(A) consult with the National Intelligence Director who shall provide guidance to the heads of the department containing elements of the intelligence community and heads of the elements of the intelligence community as appropriate;
`(B) assist the Deputy National Intelligence Director for Community Management and Resources in developing and implementing the Information Sharing Environment (ISE) established under section 1017 of the 9/11 Recommendations Implementation Act;
`(C) develop an enterprise architecture for the intelligence community and assist the National Intelligence Director through the Deputy National Intelligence Director for Community Management and Resources in ensuring that elements of the intelligence community comply with such architecture;
`(D) have procurement approval authority over all enterprise architecture-related information technology items funded in the National Intelligence Program;
`(E) ensure that all such elements have the most direct and continuous electronic access to all information (including unevaluated intelligence consistent with existing laws and the guidelines referred to in section 102A(b)) necessary for appropriately cleared analysts to conduct comprehensive all-source analysis and for appropriately cleared policymakers to perform their duties--
`(i) directly, in the case of the elements of the intelligence community within the National Intelligence Program, and
`(ii) in conjunction with the Secretary of Defense and other applicable heads of departments with intelligence elements outside the National Intelligence Program;
`(F) review and provide recommendations to the Deputy National Intelligence Director for Community Management and Resources on National Intelligence Program budget requests for information technology and national security systems;
`(G) assist the Deputy National Intelligence Director for Community Management and Resources in promulgating and enforcing standards on information technology and national security systems that apply throughout the elements of the intelligence community;
`(H) ensure that within and between the elements of the National Intelligence Program, duplicative and unnecessary information technology and national security systems are eliminated; and
`(I) pursuant to the direction of the National Intelligence Director, consult with the Director of the Office of Management and Budget to ensure that the Office of the National Intelligence Director coordinates and complies with national security requirements consistent with applicable law, Executive orders, and guidance; and
`(J) perform such other duties with respect to the information systems and information technology of the Office of the National Intelligence Director as may be prescribed by the Deputy National Intelligence Director for Community Management and Resources or specified by law.
`(n) COUNTERINTELLIGENCE OFFICER TO THE NATIONAL INTELLIGENCE DIRECTOR- (1) There is a Counterintelligence Officer to the National Intelligence Director who shall be appointed by the National Intelligence Director.
`(2) The mission of the Counterintelligence Officer to the National Intelligence Director is to assist the National Intelligence Director in reducing the threats of disclosure or loss of classified or sensitive information or penetration of national intelligence functions that may be potentiated by increased information sharing, enterprise architectures, or other activities under this Act.
`(3) The Counterintelligence Officer to the National Intelligence Director shall--
`(A) assist the Deputy National Intelligence Director for Community Management and Resources in developing and implementing counterintelligence policies for the functions of the Office of the National Intelligence Director, in consultation with the Associate National Intelligence Directors;
`(B) ensure that policies under subparagraph (A) and the implementation of those policies are coordinated with counterintelligence activities of appropriate agencies and elements of the National Intelligence Program, and with the activities of the Intelligence Community Information Officer;
`(C) review resource requirements to support the mission of the Counterintelligence Officer under this subsection and make recommendations to the Deputy National Intelligence Director for Community Management and Resources with respect to those requirements; and
`(D) perform such other duties as the National Intelligence Director shall prescribe.
`CENTRAL INTELLIGENCE AGENCY
`SEC. 104. (a) CENTRAL INTELLIGENCE AGENCY- There is a Central Intelligence Agency.
`(b) FUNCTION- The function of the Central Intelligence Agency is to assist the Director of the Central Intelligence Agency in carrying out the responsibilities specified in section 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 who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall be under the authority, direction, and control of the National Intelligence Director, except as otherwise determined by the President.
`(b) DUTIES- In the capacity as Director of the Central Intelligence Agency, the Director of the Central Intelligence Agency shall--
`(1) carry out the responsibilities specified in subsection (c); and
`(2) serve as the head of the Central Intelligence Agency.
`(c) RESPONSIBILITIES- The Director of the Central Intelligence Agency shall--
`(1) collect intelligence through human sources and by other appropriate means, except that the Director of the Central Intelligence Agency shall have no police, subpoena, or law enforcement powers or internal security functions;
`(2) provide overall direction for the collection of national intelligence overseas or outside the United States through human sources by elements of the intelligence community authorized to undertake such collection and, in coordination with other agencies of the Government which are authorized to undertake such collection, ensure that the most effective use is made of resources and that the risks to the United States and those involved in such collection are minimized;
`(3) correlate and evaluate intelligence related to the national security and provide appropriate dissemination of such intelligence;
`(4) perform such additional services as are of common concern to the elements of the intelligence community, which services the National Intelligence Director determines can be more efficiently accomplished centrally; and
`(5) perform such other functions and duties related to intelligence affecting the national security as the President or the National Intelligence Director may direct.
`(d) DEPUTY DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY- There is a Deputy Director of the Central Intelligence Agency who shall be appointed by the President. The Deputy Director shall perform such functions as the Director may prescribe and shall perform the duties of the Director during the Director's absence or disability or during a vacancy in the position of the Director of the Central Intelligence Agency.
`(e) TERMINATION OF EMPLOYMENT OF CIA EMPLOYEES- (1) Notwithstanding the provisions of any other law, the Director of the Central Intelligence Agency may, in the discretion of the Director, terminate the employment of any officer or employee of the Central Intelligence Agency whenever the Director considers the termination of employment of such officer or employee necessary or advisable in the interests of the United States.
`(2) Any termination of employment of an officer or employee under paragraph (1) shall not affect the right of the officer or employee to seek or accept employment in any other department, agency, or element of the United States Government if declared eligible for such employment by the Office of Personnel Management.'.
(b) FIRST DIRECTOR- (1) When the Senate receives the nomination of a person for the initial appointment by the President for the position of National Intelligence Director, it shall consider and dispose of such nomination within a period of 30 legislative days.
(2) If the Senate does not dispose of such nomination referred to in paragraph (1) within such period--
(A) Senate confirmation is not required; and
(B) the appointment of such nominee as National Intelligence Director takes effect upon administration of the oath of office.
(3) For the purposes of this subsection, the term `legislative day' means a day on which the Senate is in session.
SEC. 1012. REVISED DEFINITION OF NATIONAL INTELLIGENCE.
Paragraph (5) of section 3 of the National Security Act of 1947 (50 U.S.C. 401a) is amended to read as follows:
`(5) The terms `national intelligence' and `intelligence related to national security' refer to all intelligence, regardless of the source from which derived and including information gathered within or outside the United States, that--
`(A) pertains, as determined consistent with any guidance issued by the President, to more 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 of mass destruction; or
`(iii) any other matter bearing on United States national or homeland security.'.
SEC. 1013. JOINT PROCEDURES FOR OPERATIONAL COORDINATION BETWEEN DEPARTMENT OF DEFENSE AND CENTRAL INTELLIGENCE AGENCY.
(a) Development of Procedures- The National Intelligence Director, in consultation with the Secretary of Defense and the Director of the Central Intelligence Agency, shall develop joint procedures to be used by the Department of Defense and the Central Intelligence Agency to improve the coordination and deconfliction of operations that involve elements of both the Armed Forces and the Central Intelligence Agency consistent with national security and the protection of human intelligence sources and methods. Those procedures shall, at a minimum, provide the following:
(1) Methods by which the Director of the Central Intelligence Agency and the Secretary of Defense can improve communication and coordination in the planning, execution, and sustainment of operations, including, as a minimum--
(A) information exchange between senior officials of the Central Intelligence Agency and senior officers and officials of the Department of Defense when planning for such an operation commences by either organization; and
(B) exchange of information between the Secretary and the Director of the Central Intelligence Agency to ensure that senior operational officials in both the Department of Defense and the Central Intelligence Agency have knowledge of the existence of the ongoing operations of the other.
(2) When appropriate, in cases where the Department of Defense and the Central Intelligence Agency are conducting separate missions in the same geographical area, mutual agreement on the tactical and strategic objectives for the region and a clear delineation of operational responsibilities to prevent conflict and duplication of effort.
(b) Implementation Report- Not later than 180 days after the date of the enactment of the Act, the National Intelligence Director shall submit to the congressional defense committees (as defined in section 101 of title 10, United States Code) and the congressional intelligence committees (as defined in section 3(7) of the National Security Act of 1947 (50 U.S.C. 401a(7))) a report describing the procedures established pursuant to subsection (a) and the status of the implementation of those procedures.
SEC. 1014. ROLE OF NATIONAL INTELLIGENCE DIRECTOR IN APPOINTMENT OF CERTAIN OFFICIALS RESPONSIBLE 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 and inserting the following:
`(a) RECOMMENDATION OF NID IN CERTAIN APPOINTMENTS- (1) In the event of a vacancy in a position referred to in paragraph (2), the National Intelligence Director shall recommend to the President an individual for nomination to fill the vacancy.
`(2) Paragraph (1) applies to the following positions:
`(A) The Deputy National Intelligence Director.
`(B) The Director of the Central Intelligence Agency.
`(b) CONCURRENCE OF NID IN APPOINTMENTS TO POSITIONS IN THE INTELLIGENCE COMMUNITY- (1) In the event of a vacancy in a position referred to in paragraph (2), the head of the department or agency having jurisdiction over the position shall obtain the concurrence of the National Intelligence Director before appointing an individual to fill the vacancy or recommending to the President an individual to be nominated to fill the vacancy. If the Director does not concur in the recommendation, the head of the department or agency concerned may not fill the vacancy or make the recommendation to the President (as the case may be). In the case in which the National Intelligence Director does not concur in such a recommendation, the Director and the head of the department or agency concerned may advise the President directly of the intention to withhold concurrence or 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 Reconnaissance Office.
`(C) The Director of the National Geospatial-Intelligence Agency.
`(c) CONSULTATION WITH NATIONAL INTELLIGENCE DIRECTOR IN CERTAIN POSITIONS- (1) In the event of a vacancy in a position referred to in paragraph (2), the head of the department or agency having jurisdiction over the position shall consult with the National Intelligence Director before appointing an individual to fill the vacancy or recommending to the President an individual to be nominated to fill the vacancy.
`(2) Paragraph (1) applies to the following positions:
`(A) The Director of the Defense Intelligence Agency.
`(B) The Assistant Secretary of State for Intelligence and Research.
`(C) The Director of the Office of Intelligence of the Department of Energy.
`(D) The Director of the Office of Counterintelligence of the Department of Energy.
`(E) The Assistant Secretary for Intelligence and Analysis of the Department of the Treasury.
`(F) The Executive Assistant Director for Intelligence of the Federal Bureau of Investigation or successor.
`(G) The Under Secretary of Homeland Security for Information Analysis and Infrastructure Protection.
`(H) The Deputy Assistant Commandant of the Coast Guard for Intelligence.
SEC. 1015. INITIAL APPOINTMENT OF THE NATIONAL INTELLIGENCE DIRECTOR.
(a) INITIAL APPOINTMENT OF THE NATIONAL INTELLIGENCE DIRECTOR- Notwithstanding section 102(a)(1) of the National Security Act of 1947, as added by section 1011(a), the individual serving as the Director of Central Intelligence on the date immediately preceding the date of the enactment of this Act may, at the discretion of the President, become the initial National Intelligence Director.
(b) GENERAL REFERENCES- (1) Any reference to the Director of Central Intelligence in the Director's capacity as the head of the intelligence community in any law, regulation, document, paper, or other record of the United States shall be deemed to be a reference to the National Intelligence Director.
(2) Any reference to the Director of Central Intelligence in the Director's capacity as the head of the Central Intelligence Agency in any law, regulation, document, paper, or other record of the United States shall be deemed to be a reference to the Director of the Central Intelligence Agency.
(3) Any reference to the Deputy Director of Central Intelligence in the Deputy Director's capacity as deputy to the head of the intelligence community in any law, regulation, document, paper, or other record of the United States shall be deemed to be a reference to the Deputy National Intelligence Director.
(4) Any reference to the Deputy Director of Central Intelligence for Community Management in any law, regulation, document, paper, or other record of the United States shall be deemed to be a reference to the Deputy National Intelligence Director for Community Management and Resources.
SEC. 1016. EXECUTIVE SCHEDULE MATTERS.
(a) EXECUTIVE SCHEDULE LEVEL I- Section 5312 of title 5, United States Code, is amended by adding the end the following new item:
`National Intelligence Director.'.
(b) EXECUTIVE SCHEDULE LEVEL II- Section 5313 of title 5, United States Code, is amended by adding at the end the following new items:
`Deputy National Intelligence Director.
`Director of the National Counterterrorism Center.'.
(c) EXECUTIVE SCHEDULE LEVEL IV- Section 5315 of title 5, United States Code, is amended by striking the item relating to the Assistant Directors of Central Intelligence.
SEC. 1017. INFORMATION SHARING.
(a) FINDINGS- Congress makes the following findings:
(1) The effective use of information, from all available sources, is essential to the fight against terror and the protection of our homeland.
(2) The United States Government has access to a vast amount of information, including not only traditional intelligence but also other government databases, such as those containing customs or immigration information.
(3) In the period preceding September 11, 2001, there were instances of potentially helpful information that was available but that no person knew to ask for; information that was distributed only in compartmented channels, and information that was requested but could not be shared.
(4) The current system, in which each intelligence agency has its own security practices, requires a demonstrated `need to know' before sharing.
(5) The National Intelligence Director should pursue setting an executable government-wide security mode policy of `right-to-share,' one based on a proven blend of both integrity and access control models and supported by applicable law. No single agency can create a meaningful government-wide information sharing system on its own.
(b) ESTABLISHMENT OF INFORMATION SHARING ENVIRONMENT- The President shall establish a secure information sharing environment (ISE) for the sharing of intelligence and related information in a manner consistent with national security and the protection of privacy and civil liberties. The information sharing environment (ISE) shall be based on clearly defined and consistently applied policies and procedures, and valid investigative, analytical, and operational requirements.
SEC. 1018. REPORT ON INTEGRATION OF DRUG ENFORCEMENT AGENCY INTO THE INTELLIGENCE COMMUNITY.
(a) REPORT- Not later than 120 days after the date of enactment of this Act, the President shall submit to the appropriate congressional committees a report on the practicality of integrating the Drug Enforcement Administration into the intelligence community.
(b) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED- In this section, the term `appropriate congressional committees' means--
(1) the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate; and
(2) the Committees on the Judiciary of the House of Representatives and the Senate.
Subtitle B--National Counterterrorism Center and Civil Liberties Protections SEC. 1021. NATIONAL COUNTERTERRORISM CENTER.
(a) IN GENERAL- Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.) is amended by adding at the end the following new section:
`NATIONAL COUNTERTERRORISM CENTER
`SEC. 119. (a) ESTABLISHMENT OF CENTER- There is within the Office of the National Intelligence Director a National Counterterrorism Center.
`(b) DIRECTOR OF NATIONAL COUNTERTERRORISM CENTER- There is a Director of the National Counterterrorism Center, who shall be the head of the National Counterterrorism Center, who shall be appointed by National Intelligence Director.
`(c) SUPERVISION- The Director of the National Counterterrorism Center shall report to the National Intelligence Director on--
`(1) the budget and programs of the National Counterterrorism Center;
`(2) the activities of the Directorate of Intelligence of the National Counterterrorism Center under subsection (h);
`(3) the conduct of intelligence operations implemented by other elements of the intelligence community; and
`(4) the planning and progress of joint counterterrorism operations (other than intelligence operations).
The National Intelligence Director shall carry out this section through the Deputy National Intelligence Director for Operations.
`(d) PRIMARY MISSIONS- The primary missions of the National Counterterrorism Center shall be as follows:
`(1) To serve as the primary organization in the United States Government for analyzing and integrating all intelligence possessed or acquired by the United States Government pertaining to terrorism and counterterrorism, excepting intelligence pertaining exclusively to domestic terrorists and domestic counterterrorism.
`(2) To conduct strategic operational planning for counterterrorism activities, integrating all instruments of national power, including diplomatic, financial, military, intelligence, homeland security, and law enforcement activities within and among agencies.
`(3) To assign roles and missions responsibilities as part of the its strategic operational planning duties to lead Departments or agencies, as appropriate, for counterterrorism activities that are consistent with applicable law and that support counterterrorism strategic plans, but shall not direct the execution of any resulting operations.
`(4) To ensure that agencies, as appropriate, have access to and receive all-source intelligence support needed to execute their counterterrorism plans or perform independent, alternative analysis.
`(5) To ensure that such agencies have access to and receive intelligence needed to accomplish their assigned activities.
`(6) To serve as the central and shared knowledge bank on known and suspected terrorists and international terror groups, as well as their goals, strategies, capabilities, and networks of contacts and support.
`(e) Domestic Counterterrorism Intelligence- (1) The Center may, consistent with applicable law, the direction of the President, and the guidelines referred to in section 102A(b), receive intelligence pertaining exclusively to domestic counterterrorism from any Federal, State, or local government or other source necessary to fulfill its responsibilities and retain and disseminate such intelligence.
`(2) Any agency authorized to conduct counterterrorism activities may request information from the Center to assist it in its responsibilities, consistent with applicable law and the guidelines referred to in section 102A(b).
`(f) DUTIES AND RESPONSIBILITIES OF DIRECTOR- The Director of the National Counterterrorism Center shall--
`(1) serve as the principal adviser to the National Intelligence Director on intelligence operations relating to counterterrorism;
`(2) provide strategic guidance and plans for the civilian and military counterterrorism efforts of the United States Government and for the effective integration of counterterrorism intelligence and operations across agency boundaries, both inside and outside the United States;
`(3) advise the National Intelligence Director on the extent to which the counterterrorism program recommendations and budget proposals of the departments, agencies, and elements of the United States Government conform to the priorities established by the President;
`(4) disseminate terrorism information, including current terrorism threat analysis, to the President, the Vice President, the Secretaries of State, Defense, and Homeland Security, the Attorney General, the Director of the Central Intelligence Agency, and other officials of the executive branch as appropriate, and to the appropriate committees of Congress;
`(5) support the Department of Justice and the Department of Homeland Security, and other appropriate agencies, in fulfillment of their responsibilities to disseminate terrorism information, consistent with applicable law, guidelines referred to in section 102A(b), Executive orders and other Presidential guidance, to State and local government officials, and other entities, and coordinate dissemination of terrorism information to foreign governments as approved by the National Intelligence Director;
`(6) consistent with priorities approved by the President, assist the National Intelligence Director in establishing requirements for the intelligence community for the collection of terrorism information; and
`(7) perform such other duties as the National Intelligence Director may prescribe or are prescribed by law.
`(g) LIMITATION- The Director of the National Counterterrorism Center may not direct the execution of counterterrorism operations.
`(h) RESOLUTION OF DISPUTES- The National Intelligence Director shall resolve disagreements between the National Counterterrorism Center and the head of a department, agency, or element of the United States Government on designations, assignments, plans, or responsibilities. The head of such a department, agency, or element may appeal the resolution of the disagreement by the National Intelligence Director to the President.
`(i) DIRECTORATE OF INTELLIGENCE- The Director of the National Counterterrorism Center shall establish and maintain within the National Counterterrorism Center a Directorate of Intelligence which shall have primary responsibility within the United States Government for analysis of terrorism and terrorist organizations (except for purely domestic terrorism and domestic terrorist organizations) from all sources of intelligence, whether collected inside or outside the United States.
`(j) DIRECTORATE OF STRATEGIC PLANNING- The Director of the National Counterterrorism Center shall establish and maintain within the National Counterterrorism Center a Directorate of Strategic Planning which shall provide strategic guidance and plans for counterterrorism operations conducted by the United States Government.'.
(b) CLERICAL AMENDMENT- The table of sections for the National Security Act of 1947 is amended by inserting after the item relating to section 118 the following new item:
`Sec. 119. National Counterterrorism Center.'.
SEC. 1022. CIVIL LIBERTIES PROTECTION OFFICER.
(a) CIVIL LIBERTIES PROTECTION OFFICER- (1) Within the Office of the National Intelligence Director, there is a Civil Liberties Protection Officer who shall be appointed by the National Intelligence Director.
(2) The Civil Liberties Protection Officer shall report directly to the National Intelligence Director.
(b) Duties- The Civil Liberties Protection Officer shall--
(1) ensure that the protection of civil liberties and privacy is appropriately incorporated in the policies and procedures developed for and implemented by the Office of the National Intelligence Director and the elements of the intelligence community within the National Intelligence Program;
(2) oversee compliance by the Office and the National Intelligence Director with requirements under the Constitution and all laws, regulations, Executive orders, and implementing guidelines relating to civil liberties and privacy;
(3) review and assess complaints and other information indicating possible abuses of civil liberties and privacy in the administration of the programs and operations of the Office and the National Intelligence Director 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 the use, collection, and disclosure of personal information;
(5) ensure that personal information contained in a 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 fair information practices as set out in that section;
(6) conduct privacy impact assessments when appropriate or as required by law; and
(7) perform such other duties as may be prescribed by the National Intelligence Director or specified by law.
(c) USE OF AGENCY INSPECTORS GENERAL- When appropriate, the Civil Liberties Protection Officer may refer complaints to the Office of Inspector General having responsibility for the affected element of the department or agency of the intelligence community to conduct an investigation under paragraph (3) of subsection (b).
Subtitle C--Joint Intelligence Community Council SEC. 1031. JOINT INTELLIGENCE COMMUNITY COUNCIL.
(a) ESTABLISHMENT- (1) There is hereby established a Joint Intelligence Community Council.
(b) FUNCTIONS- (1) The Joint Intelligence Community Council shall provide advice to the National Intelligence Director as appropriate.
(2) The National Intelligence Director shall consult with the Joint Intelligence Community Council in developing guidance for the development of the annual National Intelligence Program budget.
(c) MEMBERSHIP- The Joint Intelligence Community Council shall consist of the following:
(1) The National Intelligence Director, who shall chair the Council.
(2) The Secretary of State.
(3) The Secretary of the Treasury.
(4) The Secretary of Defense.
(5) The Attorney General.
(6) The Secretary of Energy.
(7) The Secretary of Homeland Security.
(8) Such other officials of the executive branch as the President may designate.
Subtitle D--Improvement of Human Intelligence (HUMINT) SEC. 1041. HUMAN INTELLIGENCE AS AN INCREASINGLY CRITICAL COMPONENT OF THE INTELLIGENCE COMMUNITY.
It is a sense of Congress that--
(1) the human intelligence officers of the intelligence community have performed admirably and honorably in the face of great personal dangers;
(2) during an extended period of unprecedented investment and improvements in technical collection means, the human intelligence capabilities of the United States have not received the necessary and commensurate priorities;
(3) human intelligence is becoming an increasingly important capability to provide information on the asymmetric threats to the national security of the United States;
(4) the continued development and improvement of a robust and empowered and flexible human intelligence work force is critical to identifying, understanding, and countering the plans and intentions of the adversaries of the United States; and
(5) an increased emphasis on, and resources applied to, enhancing the depth and breadth of human intelligence capabilities of the United States intelligence community must be among the top priorities of the National Intelligence Director.
SEC. 1042. IMPROVEMENT OF HUMAN INTELLIGENCE CAPACITY.
Not later than 6 months after the date of the enactment of this Act, the National Intelligence Director shall submit to Congress a report on existing human intelligence (HUMINT) capacity which shall include a plan to implement changes, as necessary, to accelerate improvements to, and increase the capacity of, HUMINT across the intelligence community.
Subtitle E--Improvement of Education for the Intelligence Community SEC. 1051. MODIFICATION OF OBLIGATED SERVICE REQUIREMENTS UNDER NATIONAL SECURITY EDUCATION PROGRAM.
(a) In General- (1) Subsection (b)(2) of section 802 of the David L. Boren National Security Education Act of 1991 (50 U.S.C. 1902) is amended to read as follows:
`(2) will meet the requirements for obligated service described in subsection (j); and'.
(2) Such section is further amended by adding at the end the following new subsection:
`(j) REQUIREMENTS FOR OBLIGATED SERVICE IN THE GOVERNMENT- (1) Each recipient of a scholarship or a fellowship under the program shall work in a specified national security position. In this subsection, the term `specified national security position' means a position of a department or agency of the United States that the Secretary certifies is appropriate to use the unique language and region expertise acquired by the recipient pursuant to the study for which scholarship or fellowship assistance (as the case may be) was provided under the program.
`(2) Each such recipient shall commence work in a specified national security position as soon as practicable but in no case later than two years after the completion by the recipient of the study for which scholarship or fellowship assistance (as the case may be) was provided under the program.
`(3) Each such recipient shall work in a specified national security position for a period specified by the Secretary, which period shall include--
`(A) in the case of a recipient of a scholarship, one year of service for each year, or portion thereof, for which such scholarship assistance was provided, and
`(B) in the case of a recipient of a fellowship, not less than one nor more than three years for each year, or portion thereof, for which such fellowship assistance was provided.
`(4) Recipients shall seek specified national security positions as follows:
`(A) In the Department of Defense or in any element of the intelligence community.
`(B) In the Department of State or in the Department of Homeland Security, if the recipient demonstrates to the Secretary that no position is available in the Department of Defense or in any element of the intelligence community.
`(C) In any other Federal department or agency not referred to in subparagraphs (A) and (B), if the recipient demonstrates to the Secretary that no position is available in a Federal department or agency specified in such paragraphs.'.
(b) Regulations- The Secretary of Defense shall prescribe regulations to carry out subsection (j) of section 802 of the David L. Boren National Security Education Act of 1991, as added by subsection (a). In prescribing such regulations, the Secretary shall establish standards that recipients of scholarship and fellowship assistance under the program under section 802 of the David L. Boren National Security Education Act of 1991 are required to demonstrate in order to satisfy the requirement of a good faith effort to gain employment as required under such subsection.
(c) Applicability- (1) The amendments made by subsection (a) shall apply with respect to service agreements entered into under the David L. Boren National Security Education Act of 1991 on or after the date of the enactment of this Act.
(2) The amendments made by subsection (a) shall not affect the force, validity, or terms of any service agreement entered into under the David L. Boren National Security Education Act of 1991 before the date of the enactment of this Act that is in force as of that date.
SEC. 1052. IMPROVEMENTS TO THE NATIONAL FLAGSHIP LANGUAGE INITIATIVE.
(a) INCREASE IN ANNUAL AUTHORIZATION OF APPROPRIATIONS- (1) Title VIII of the Intelligence Authorization Act for Fiscal Year 1992 (Public Law 102-183; 105 Stat. 1271), as amended by section 311(c) of the Intelligence Authorization Act for Fiscal Year 1994 (Public Law 103-178; 107 Stat. 2037) and by section 333(b) of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2397), is amended in subsection (a) of section 811 by striking `there is authorized to be appropriated to the Secretary for each fiscal year, beginning with fiscal year 2003, $10,000,000,' and inserting `there is authorized to be appropriated to the Secretary for each of fiscal years 2003 and 2004, $10,000,000, and for fiscal year 2005 and each subsequent fiscal year, $12,000,000,'.
(2) Subsection (b) of such section is amended by inserting `for fiscal years 2003 and 2004 only' after `authorization of appropriations under subsection (a)'.
(b) REQUIREMENT FOR EMPLOYMENT AGREEMENTS- (1) Section 802(i) of the David L. Boren National Security Education Act of 1991 (50 U.S.C. 1902(i)) is amended by adding at the end the following new paragraph:
`(5)(A) In the case of an undergraduate or graduate student that participates in training in programs under paragraph (1), the student shall enter into an agreement described in subsection (b), other than such a student who has entered into such an agreement pursuant to subparagraph (A)(ii) or (B)(ii) of section 802(a)(1).
`(B) In the case of an employee of an agency or department of the Federal Government that participates in training in programs under paragraph (1), the employee shall agree in writing--
`(i) to continue in the service of the agency or department of the Federal Government employing the employee for the period of such training;
`(ii) to continue in the service of such agency or department employing the employee following completion of such training for a period of two years for each year, or part of the year, of such training;
`(iii) to reimburse the United States for the total cost of such training (excluding the employee's pay and allowances) provided to the employee if, before the completion by the employee of the training, the employment of the employee by the agency or department is terminated due to misconduct by the employee or by the employee voluntarily; and
`(iv) to reimburse the United States if, after completing such training, the employment of the employee by the agency or department is terminated either by the agency or department due to misconduct by the employee or by the employee voluntarily, before the completion by the employee of the period of service required in clause (ii), in an amount that bears the same ratio to the total cost of the training (excluding the employee's pay and allowances) provided to the employee as the unserved portion of such period of service bears to the total period of service under clause (ii).
`(C) Subject to subparagraph (D), the obligation to reimburse the United States under an agreement under subparagraph (A) is for all purposes a debt owing the United States.
`(D) The head of an element of the intelligence community may release an employee, in whole or in part, from the obligation to reimburse the United States under an agreement under subparagraph (A) when, in the discretion of the head of the element, the head of the element determines that equity or the interests of the United States so require.'.
(2) The amendment made by paragraph (1) shall apply to training that begins on or after the date that is 90 days after the date of the enactment of this Act.
(c) INCREASE IN THE NUMBER OF PARTICIPATING EDUCATIONAL INSTITUTIONS- The Secretary of Defense shall take such steps as the Secretary determines will increase the number of qualified educational institutions that receive grants under the National Flagship Language Initiative to establish, operate, or improve activities designed to train students in programs in a range of disciplines to achieve advanced levels of proficiency in those foreign languages that the Secretary identifies as being the most critical in the interests of the national security of the United States.
(d) CLARIFICATION OF AUTHORITY TO SUPPORT STUDIES ABROAD- Educational institutions that receive grants under the National Flagship Language Initiative may support students who pursue total immersion foreign language studies overseas of foreign languages that are critical to the national security of the United States.
SEC. 1053. ESTABLISHMENT OF SCHOLARSHIP PROGRAM FOR ENGLISH LANGUAGE STUDIES FOR HERITAGE COMMUNITY CITIZENS OF THE UNITED STATES WITHIN THE NATIONAL SECURITY EDUCATION PROGRAM.
(a) SCHOLARSHIP PROGRAM FOR ENGLISH LANGUAGE STUDIES FOR HERITAGE COMMUNITY CITIZENS OF THE UNITED STATES- (1) Subsection (a)(1) of section 802 of the David L. Boren National Security Education Act of 1991 (50 U.S.C. 1902) is amended--
(A) by striking `and' at the end of subparagraph (C);
(B) by striking the period at the end of subparagraph (D) and inserting `; and'; and
(C) by adding at the end the following new subparagraph:
`(E) awarding scholarships to students who--
`(i) are United States citizens who--
`(I) are native speakers (commonly referred to as heritage community residents) of a foreign language that is identified as critical to the national security interests of the United States who should be actively recruited for employment by Federal security agencies with a need for linguists; and
`(II) are not proficient at a professional level in the English language with respect to reading, writing, and interpersonal skills required to carry out the national security interests of the United States, as determined by the Secretary,
to enable such students to pursue English language studies at an institution of higher education of the United States to attain proficiency in those skills; and
`(ii) enter into an agreement to work in a national security position or work in the field of education in the area of study for which the scholarship was awarded in a similar manner (as determined by the Secretary) as agreements entered into pursuant to subsection (b)(2)(A).'.
(2