[DOCID: f:hr796.108]
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108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-796

======================================================================



 
        INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004

                                _______
                                

                December 7, 2004.--Ordered to be printed

                                _______
                                

Mr. Hoekstra, from the committee of conference, submitted the following

                           CONFERENCE REPORT

                         [To accompany S. 2845]

      The committee of conference on the disagreeing votes of 
the two Houses on the amendment of the House to the bill (S. 
2845), to reform the intelligence community and the 
intelligence and intelligence-related activities of the United 
States Government, and for other purposes, having met, after 
full and free conference, have agreed to recommend and do 
recommend to their respective Houses as follows:
      That the Senate recede from its disagreement to the 
amendment of the House and agree to the same with an amendment 
as follows:
      In lieu of the matter proposed to be inserted by the 
House amendment, insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

              TITLE I--REFORM OF THE INTELLIGENCE COMMUNITY

Sec. 1001. Short title.

     Subtitle A--Establishment of Director of National Intelligence

Sec. 1011. Reorganization and improvement of management of intelligence 
          community.
Sec. 1012. Revised definition of national intelligence.
Sec. 1013. Joint procedures for operational coordination between 
          Department of Defense and Central Intelligence Agency.
Sec. 1014. Role of Director of National Intelligence in appointment of 
          certain officials responsible for intelligence-related 
          activities.
Sec. 1015. Executive Schedule matters.
Sec. 1016. Information sharing.
Sec. 1017. Alternative analysis of intelligence by the intelligence 
          community.
Sec. 1018. Presidential guidelines on implementation and preservation of 
          authorities.
Sec. 1019. Assignment of responsibilities relating to analytic 
          integrity.
Sec. 1020. Safeguard of objectivity in intelligence analysis.

     Subtitle B--National Counterterrorism Center, National Counter 
         Proliferation Center, and National Intelligence Centers

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

            Subtitle C--Joint Intelligence Community Council

Sec. 1031. Joint Intelligence Community Council.

   Subtitle D--Improvement of Education for the Intelligence Community

Sec. 1041. Additional education and training requirements.
Sec. 1042. Cross-disciplinary education and training.
Sec. 1043. Intelligence Community Scholarship Program.

     Subtitle E--Additional Improvements of Intelligence Activities

Sec. 1051. Service and national laboratories and the intelligence 
          community.
Sec. 1052. Open-source intelligence.
Sec. 1053. National Intelligence Reserve Corps.

                 Subtitle F--Privacy and Civil Liberties

Sec. 1061. Privacy and Civil Liberties Oversight Board.
Sec. 1062. Sense of Congress on designation of privacy and civil 
          liberties officers.

               Subtitle G--Conforming and Other Amendments

Sec. 1071. Conforming amendments relating to roles of Director of 
          National Intelligence and Director of the Central Intelligence 
          Agency.
Sec. 1072. Other conforming amendments.
Sec. 1073. Elements of intelligence community under National Security 
          Act of 1947.
Sec. 1074. Redesignation of National Foreign Intelligence Program as 
          National Intelligence Program.
Sec. 1075. Repeal of superseded authority.
Sec. 1076. Clerical amendments to National Security Act of 1947.
Sec. 1077. Conforming amendments relating to prohibiting dual service of 
          the Director of the Central Intelligence Agency.
Sec. 1078. Authority to establish inspector general for the Office of 
          the Director of National Intelligence.
Sec. 1079. Ethics matters.
Sec. 1080. Construction of authority of Director of National 
          Intelligence to acquire and manage property and services.
Sec. 1081. General references.

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

Sec. 1091. Transfer of Community Management Staff.
Sec. 1092. Transfer of Terrorist Threat Integration Center.
Sec. 1093. Termination of positions of Assistant Directors of Central 
          Intelligence.
Sec. 1094. Implementation plan.
Sec. 1095. Director of National Intelligence report on implementation of 
          intelligence community reform.
Sec. 1096. Transitional authorities.
Sec. 1097. Effective dates.

                        Subtitle I--Other Matters

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

                TITLE II--FEDERAL BUREAU OF INVESTIGATION

Sec. 2001. Improvement of intelligence capabilities of the Federal 
          Bureau of Investigation.
Sec. 2002. Directorate of Intelligence of the Federal Bureau of 
          Investigation.
Sec. 2003. Federal Bureau of Investigation intelligence career service.
Sec. 2004. Federal Bureau of Investigation Reserve Service.
Sec. 2005. Federal Bureau of Investigation mandatory separation age.
Sec. 2006. Federal Bureau of Investigation use of translators.

                     TITLE III--SECURITY CLEARANCES

Sec. 3001. Security clearances.

                    TITLE IV--TRANSPORTATION SECURITY

        Subtitle A--National Strategy for Transportation Security

Sec. 4001. National Strategy for Transportation Security.

                      Subtitle B--Aviation Security

Sec. 4011. Provision for the use of biometric or other technology.
Sec. 4012. Advanced airline passenger prescreening.
Sec. 4013. Deployment and use of detection equipment at airport 
          screening checkpoints.
Sec. 4014. Advanced airport checkpoint screening devices.
Sec. 4015. Improvement of screener job performance.
Sec. 4016. Federal air marshals.
Sec. 4017. International agreements to allow maximum deployment of 
          Federal air marshals.
Sec. 4018. Foreign air marshal training.
Sec. 4019. In-line checked baggage screening.
Sec. 4020. Checked baggage screening area monitoring.
Sec. 4021. Wireless communication.
Sec. 4022. Improved pilot licenses.
Sec. 4023. Aviation security staffing.
Sec. 4024. Improved explosive detection systems.
Sec. 4025. Prohibited items list.
Sec. 4026. Man-Portable Air Defense Systems (MANPADs).
Sec. 4027. Technical corrections.
Sec. 4028. Report on secondary flight deck barriers.
Sec. 4029. Extension of authorization of aviation security funding.

                     Subtitle C--Air Cargo Security

Sec. 4051. Pilot program to evaluate use of blast resistant cargo and 
          baggage containers.
Sec. 4052. Air cargo security.
Sec. 4053. Air cargo security regulations.
Sec. 4054. Report on international air cargo threats.

                      Subtitle D--Maritime Security

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

                     Subtitle E--General Provisions

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

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

 Subtitle A--Advanced Technology Northern Border Security Pilot Program

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

             Subtitle B--Border and Immigration Enforcement

Sec. 5201. Border surveillance.
Sec. 5202. Increase in full-time Border Patrol agents.
Sec. 5203. Increase in full-time immigration and customs enforcement 
          investigators.
Sec. 5204. Increase in detention bed space.

                      Subtitle C--Visa Requirements

Sec. 5301. In person interviews of visa applicants.
Sec. 5302. Visa application requirements.
Sec. 5303. Effective date.
Sec. 5304. Revocation of visas and other travel documentation.

                     Subtitle D--Immigration Reform

Sec. 5401. Bringing in and harboring certain aliens.
Sec. 5402. Deportation of aliens who have received military-type 
          training from terrorist organizations.
Sec. 5403. Study and report on terrorists in the asylum system.

      Subtitle E--Treatment of Aliens Who Commit Acts of Torture, 
           Extrajudicial Killings, or Other Atrocities Abroad

Sec. 5501. Inadmissibility and deportability of aliens who have 
          committed acts of torture or extrajudicial killings abroad.
Sec. 5502. Inadmissibility and deportability of foreign government 
          officials who have committed particularly severe violations of 
          religious freedom.
Sec. 5503. Waiver of inadmissibility.
Sec. 5504. Bar to good moral character for aliens who have committed 
          acts of torture, extrajudicial killings, or severe violations 
          of religious freedom.
Sec. 5505. Establishment of the Office of Special Investigations.
Sec. 5506. Report on implementation.

                     TITLE VI--TERRORISM PREVENTION

      Subtitle A--Individual Terrorists as Agents of Foreign Powers

Sec. 6001. Individual terrorists as agents of foreign powers.
Sec. 6002. Additional semiannual reporting requirements under the 
          Foreign Intelligence Surveillance Act of 1978.

          Subtitle B--Money Laundering and Terrorist Financing

Sec. 6101. Additional authorization for finCEN.
Sec. 6102. Money laundering and financial crimes strategy 
          reauthorization.

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

Sec. 6201. Short title.
Sec. 6202. Technical corrections to Public Law 107-56.
Sec. 6203. Technical corrections to other provisions of law.
Sec. 6204. Repeal of review.
Sec. 6205. Effective date.

                Subtitle D--Additional Enforcement Tools

Sec. 6301. Bureau of Engraving and Printing security printing.
Sec. 6302. Reporting of certain cross-border transmittal of funds.
Sec. 6303. Terrorism financing.

             Subtitle E--Criminal History Background Checks

Sec. 6401. Protect Act.
Sec. 6402. Reviews of criminal records of applicants for private 
          security officer employment.
Sec. 6403. Criminal history background checks.

               Subtitle F--Grand Jury Information Sharing

Sec. 6501. Grand jury information sharing.

           Subtitle G--Providing Material Support to Terrorism

Sec. 6601. Short title.
Sec. 6602. Receiving military-type training from a foreign terrorist 
          organization.
Sec. 6603. Additions to offense of providing material support to 
          terrorism.
Sec. 6604. Financing of terrorism.

       Subtitle H--Stop Terrorist and Military Hoaxes Act of 2004

Sec. 6701. Short title.
Sec. 6702. Hoaxes and recovery costs.
Sec. 6703. Obstruction of justice and false statements in terrorism 
          cases.
Sec. 6704. Clarification of definition.

 Subtitle I--Weapons of Mass Destruction Prohibition Improvement Act of 
                                  2004

Sec. 6801. Short title.
Sec. 6802. Weapons of mass destruction.
Sec. 6803. Participation in nuclear and weapons of mass destruction 
          threats to the United States.

Subtitle J--Prevention of Terrorist Access to Destructive Weapons Act of 
                                  2004

Sec. 6901. Short title.
Sec. 6902. Findings and purpose.
Sec. 6903. Missile systems designed to destroy aircraft.
Sec. 6904. Atomic weapons.
Sec. 6905. Radiological dispersal devices.
Sec. 6906. Variola virus.
Sec. 6907. Interception of communications.
Sec. 6908. Amendments to section 2332b(g)(5)(b) of title 18, United 
          States Code.
Sec. 6909. Amendments to section 1956(c)(7)(d) of title 18, United 
          States Code.
Sec. 6910. Export licensing process.
Sec. 6911. Clerical amendments.

              Subtitle K--Pretrial Detention of Terrorists

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

      TITLE VII--IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS

Sec. 7001. Short title.

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

Sec. 7101. Findings.
Sec. 7102. Terrorist sanctuaries.
Sec. 7103. United States commitment to the future of Pakistan.
Sec. 7104. Assistance for Afghanistan.
Sec. 7105. The relationship between the United States and Saudi Arabia.
Sec. 7106. Efforts to combat Islamist terrorism.
Sec. 7107. United States policy toward dictatorships.
Sec. 7108. Promotion of free media and other American values.
Sec. 7109. Public diplomacy responsibilities of the Department of State.
Sec. 7110. Public diplomacy training.
Sec. 7111. Promoting democracy and human rights at international 
          organizations.
Sec. 7112. Expansion of United States scholarship and exchange programs 
          in the Islamic world.
Sec. 7112. Pilot program to provide grants to American-sponsored schools 
          in predominantly Muslim countries to provide scholarships.
Sec. 7113. International Youth Opportunity Fund.
Sec. 7114. The use of economic policies to combat terrorism.
Sec. 7115. Middle East partnership initiative.
Sec. 7116. Comprehensive coalition strategy for fighting terrorism.
Sec. 7117. Financing of terrorism.
Sec. 7118. Designation of foreign terrorist organizations.
Sec. 7119. Report to Congress.
Sec. 7120. Case-Zablocki Act requirements.
Sec. 7121. Effective date.

          Subtitle B--Terrorist Travel and Effective Screening

Sec. 7201. Counterterrorist travel intelligence.
Sec. 7202. Establishment of human smuggling and trafficking center.
Sec. 7203. Responsibilities and functions of consular officers.
Sec. 7204. International agreements to track and curtail terrorist 
          travel through the use of fraudulently obtained documents.
Sec. 7205. International standards for transliteration of names into the 
          Roman alphabet for international travel documents and name-
          based watchlist systems.
Sec. 7206. Immigration security initiative.
Sec. 7207. Certification regarding technology for visa waiver 
          participants.
Sec. 7208. Biometric entry and exit data system.
Sec. 7209. Travel documents.
Sec. 7210. Exchange of terrorist information and increased preinspection 
          at foreign airports.
Sec. 7211. Minimum standards for birth certificates.
Sec. 7212. Driver's licenses and personal identification cards.
Sec. 7213. Social security cards and numbers.
Sec. 7214. Prohibition of the display of social security account numbers 
          on driver's licenses or motor vehicle registrations.
Sec. 7215. Terrorist travel program.
Sec. 7216. Increase in penalties for fraud and related activity.
Sec. 7217. Study on allegedly lost or stolen passports.
Sec. 7218. Establishment of visa and passport security program in the 
          Department of State.
Sec. 7219. Effective date.
Sec. 7220. Identification standards.

                    Subtitle C--National Preparedness

Sec. 7301. The incident command system.
Sec. 7302. National capital region mutual aid.
Sec. 7303. Enhancement of public safety communications interoperability.
Sec. 7304. Regional model strategic plan pilot projects.
Sec. 7305. Private sector preparedness.
Sec. 7306. Critical infrastructure and readiness assessments.
Sec. 7307. Northern command and defense of the United States homeland.
Sec. 7308. Effective date.

                      Subtitle D--Homeland Security

Sec. 7401. Sense of Congress on first responder funding.
Sec. 7402. Coordination of industry efforts.
Sec. 7403. Study regarding nationwide emergency notification system.
Sec. 7404. Pilot study to move warning systems into the modern digital 
          age.
Sec. 7405. Required coordination.
Sec. 7406. Emergency preparedness compacts.
Sec. 7407. Responsibilities of counternarcotics office.
Sec. 7408. Use of counternarcotics enforcement activities in certain 
          employee performance appraisals.

                   Subtitle E--Public Safety Spectrum

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

                   Subtitle F--Presidential Transition

Sec. 7601. Presidential transition.

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

Sec. 7701. Improving international standards and cooperation to fight 
          terrorist financing.
Sec. 7702. Definitions.
Sec. 7703. Expanded reporting and testimony requirements for the 
          Secretary of the Treasury.
Sec. 7704. Coordination of United States Government efforts.

              Subtitle H--Emergency Financial Preparedness

Sec. 7801. Delegation authority of the Secretary of the Treasury.
Sec. 7802. Treasury support for financial services industry preparedness 
          and response and consumer education.
Sec. 7803. Emergency Securities Response Act of 2004.
Sec. 7804. Private sector preparedness.

                        TITLE VIII--OTHER MATTERS

                    Subtitle A--Intelligence Matters

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

           Subtitle B--Department of Homeland Security Matters

Sec. 8201. Homeland security geospatial information.

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

Sec. 8301. Short title.
Sec. 8302. Mission of Department of Homeland Security.
Sec. 8303. Officer for Civil Rights and Civil Liberties.
Sec. 8304. Protection of civil rights and civil liberties by Office of 
          Inspector General.
Sec. 8305. Privacy officer.
Sec. 8306. Protections for human research subjects of the Department of 
          Homeland Security.

                        Subtitle D--Other Matters

Sec. 8401. Amendments to Clinger-Cohen Act provisions to enhance agency 
          planning for information security needs.
Sec. 8402. Enterprise architecture.
Sec. 8403. Financial disclosure and records.
Sec. 8404. Extension of requirement for air carriers to honor tickets 
          for suspended air passenger service.

             TITLE I--REFORM OF THE INTELLIGENCE COMMUNITY

SEC. 1001. SHORT TITLE.

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

     Subtitle A--Establishment of Director of National Intelligence

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

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

                  ``DIRECTOR OF NATIONAL INTELLIGENCE

    ``Sec. 102. (a) Director of National Intelligence.--(1) 
There is a Director of National Intelligence who shall be 
appointed by the President, by and with the advice and consent 
of the Senate. Any individual nominated for appointment as 
Director of National Intelligence shall have extensive national 
security expertise.
    ``(2) The Director of National Intelligence shall not be 
located within the Executive Office of the President.
    ``(b) Principal Responsibility.--Subject to the authority, 
direction, and control of the President, the Director of 
National Intelligence shall--
            ``(1) serve as head of the intelligence community;
            ``(2) act as the principal adviser to the 
        President, to the National Security Council, and the 
        Homeland Security Council for intelligence matters 
        related to the national security; and
            ``(3) consistent with section 1018 of the National 
        Security Intelligence Reform Act of 2004, oversee and 
        direct the implementation of the National Intelligence 
        Program.
    ``(c) Prohibition on Dual Service.--The individual serving 
in the position of Director of National Intelligence shall not, 
while so serving, also serve as the Director of the Central 
Intelligence Agency or as the head of any other element of the 
intelligence community.

    ``RESPONSIBILITIES AND AUTHORITIES OF THE DIRECTOR OF NATIONAL 
                              INTELLIGENCE

    ``Sec. 102A. (a) Provision of Intelligence.--(1) The 
Director of National Intelligence shall be responsible for 
ensuring that national intelligence is provided--
            ``(A) to the President;
            ``(B) to the heads of departments and agencies of 
        the executive branch;
            ``(C) to the Chairman of the Joint Chiefs of Staff 
        and senior military commanders;
            ``(D) to the Senate and House of Representatives 
        and the committees thereof; and
            ``(E) to such other persons as the Director of 
        National Intelligence determines to be appropriate.
    ``(2) Such national intelligence should be timely, 
objective, independent of political considerations, and based 
upon all sources available to the intelligence community and 
other appropriate entities.
    ``(b) Access to Intelligence.--Unless otherwise directed by 
the President, the Director of National Intelligence shall have 
access to all national intelligence and intelligence related to 
the national security which is collected by any Federal 
department, agency, or other entity, except as otherwise 
provided by law or, as appropriate, under guidelines agreed 
upon by the Attorney General and the Director of National 
Intelligence.
    ``(c) Budget Authorities.--(1) With respect to budget 
requests and appropriations for the National Intelligence 
Program, the Director of National Intelligence shall--
            ``(A) based on intelligence priorities set by the 
        President, provide to the heads of departments 
        containing agencies or organizations within the 
        intelligence community, and to the heads of such 
        agencies and organizations, guidance for developing the 
        National Intelligence Program budget pertaining to such 
        agencies and organizations;
            ``(B) based on budget proposals provided to the 
        Director of National Intelligence by the heads of 
        agencies and organizations within the intelligence 
        community and the heads of their respective departments 
        and, as appropriate, after obtaining the advice of the 
        Joint Intelligence Community Council, develop and 
        determine an annual consolidated National Intelligence 
        Program budget; and
            ``(C) present such consolidated National 
        Intelligence Program budget, together with any comments 
        from the heads of departments containing agencies or 
        organizations within the intelligence community, to the 
        President for approval.
    ``(2) In addition to the information provided under 
paragraph (1)(B), the heads of agencies and organizations 
within the intelligence community shall provide the Director of 
National Intelligence such other information as the Director 
shall request for the purpose of determining the annual 
consolidated National Intelligence Program budget under that 
paragraph.
    ``(3)(A) The Director of National Intelligence shall 
participate in the development by the Secretary of Defense of 
the annual budgets for the Joint Military Intelligence Program 
and for Tactical Intelligence and Related Activities.
    ``(B) The Director of National Intelligence shall provide 
guidance for the development of the annual budget for each 
element of the intelligence community that is not within the 
National Intelligence Program.
    ``(4) The Director of National Intelligence shall ensure 
the effective execution of the annual budget for intelligence 
and intelligence-related activities.
    ``(5)(A) The Director of National Intelligence shall be 
responsible for managing appropriations for the National 
Intelligence Program by directing the allotment or allocation 
of such appropriations through the heads of the departments 
containing agencies or organizations within the intelligence 
community and the Director of the Central Intelligence Agency, 
with prior notice (including the provision of appropriate 
supporting information) to the head of the department 
containing an agency or organization receiving any such 
allocation or allotment or the Director of the Central 
Intelligence Agency.
    ``(B) Notwithstanding any other provision of law, pursuant 
to relevant appropriations Acts for the National Intelligence 
Program, the Director of the Office of Management and Budget 
shall exercise the authority of the Director of the Office of 
Management and Budget to apportion funds, at the exclusive 
direction of the Director of National Intelligence, for 
allocation to the elements of the intelligence community 
through the relevant host executive departments and the Central 
Intelligence Agency. Department comptrollers or appropriate 
budget execution officers shall allot, allocate, reprogram, or 
transfer funds appropriated for the National Intelligence 
Program in an expeditious manner.
    ``(C) The Director of National Intelligence shall monitor 
the implementation and execution of the National Intelligence 
Program by the heads of the elements of the intelligence 
community that manage programs and activities that are part of 
the National Intelligence Program, which may include audits and 
evaluations.
    ``(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 Director of National Intelligence shall 
provide a semi-annual report, beginning April 1, 2005, and 
ending April 1, 2007, to the President and the Congress 
regarding implementation of this section.
    ``(B) The Director of National Intelligence shall report to 
the President and the Congress not later than 15 days after 
learning of any instance in which a departmental comptroller 
acts in a manner inconsistent with the law (including permanent 
statutes, authorization Acts, and appropriations Acts), or the 
direction of the Director of National Intelligence, in carrying 
out the National Intelligence Program.
    ``(d) Role of Director of National Intelligence in Transfer 
and Reprogramming of Funds.--(1)(A) No funds made available 
under the National Intelligence Program may be transferred or 
reprogrammed without the prior approval of the Director of 
National Intelligence, except in accordance with procedures 
prescribed by the Director of National Intelligence.
    ``(B) The Secretary of Defense shall consult with the 
Director of National Intelligence before transferring or 
reprogramming funds made available under the Joint Military 
Intelligence Program.
    ``(2) Subject to the succeeding provisions of this 
subsection, the Director of National Intelligence may transfer 
or reprogram funds appropriated for a program within the 
National Intelligence Program to another such program.
    ``(3) The Director of National Intelligence may only 
transfer or reprogram funds referred to in subparagraph (A)--
            ``(A) with the approval of the Director of the 
        Office of Management and Budget; and
            ``(B) after consultation with the heads of 
        departments containing agencies or organizations within 
        the intelligence community to the extent such agencies 
        or organizations are affected, and, in the case of the 
        Central Intelligence Agency, after consultation with 
        the Director of the Central Intelligence Agency.
    ``(4) The amounts available for transfer or reprogramming 
in the National Intelligence Program in any given fiscal year, 
and the terms and conditions governing such transfers and 
reprogrammings, are subject to the provisions of annual 
appropriations Acts and this subsection.
    ``(5)(A) A transfer or reprogramming of funds or personnel 
may be made under this subsection only if--
            ``(i) the funds are being transferred to an 
        activity that is a higher priority intelligence 
        activity;
            ``(ii) the transfer or reprogramming supports an 
        emergent need, improves program effectiveness, or 
        increases efficiency;
            ``(iii) the transfer or reprogramming does not 
        involve a transfer or reprogramming of funds to a 
        Reserve for Contingencies of the Director of National 
        Intelligence or the Reserve for Contingencies of the 
        Central Intelligence Agency;
            ``(iv) the transfer or reprogramming results in a 
        cumulative transfer or reprogramming of funds out of 
        any department or agency, as appropriate, funded in the 
        National Intelligence Program in a single fiscal year--
                    ``(I) that is less than $150,000,000, and
                    ``(II) that is less than 5 percent of 
                amounts available to a department or agency 
                under the National Intelligence Program; and
            ``(v) the transfer or reprogramming does not 
        terminate an acquisition program.
    ``(B) A transfer or reprogramming may be made without 
regard to a limitation set forth in clause (iv) or (v) of 
subparagraph (A) if the transfer has the concurrence of the 
head of the department involved or the Director of the Central 
Intelligence Agency (in the case of the Central Intelligence 
Agency). The authority to provide such concurrence may only be 
delegated by the head of the department or agency involved to 
the deputy of such officer.
    ``(6) Funds transferred or reprogrammed under this 
subsection shall remain available for the same period as the 
appropriations account to which transferred or reprogrammed.
    ``(7) Any transfer or reprogramming of funds under this 
subsection shall be carried out in accordance with existing 
procedures applicable to reprogramming notifications for the 
appropriate congressional committees. Any proposed transfer or 
reprogramming for which notice is given to the appropriate 
congressional committees shall be accompanied by a report 
explaining the nature of the proposed transfer or reprogramming 
and how it satisfies the requirements of this subsection. In 
addition, the congressional intelligence committees shall be 
promptly notified of any transfer or reprogramming of funds 
made pursuant to this subsection in any case in which the 
transfer or reprogramming would not have otherwise required 
reprogramming notification under procedures in effect as of the 
date of the enactment of this subsection.
    ``(e) Transfer of Personnel.--(1)(A) In addition to any 
other authorities available under law for such purposes, in the 
first twelve months after establishment of a new national 
intelligence center, the Director of National Intelligence, 
with the approval of the Director of the Office of Management 
and Budget and in consultation with the congressional 
committees of jurisdiction referred to in subparagraph (B), may 
transfer not more than 100 personnel authorized for elements of 
the intelligence community to such center.
    ``(B) The Director of National Intelligence shall promptly 
provide notice of any transfer of personnel made pursuant to 
this paragraph to--
            ``(i) the congressional intelligence committees;
            ``(ii) the Committees on Appropriations of the 
        Senate and the House of Representatives;
            ``(iii) in the case of the transfer of personnel to 
        or from the Department of Defense, the Committees on 
        Armed Services of the Senate and the House of 
        Representatives; and
            ``(iv) in the case of the transfer of personnel to 
        or from the Department of Justice, to the Committees on 
        the Judiciary of the Senate and the House of 
        Representatives.
    ``(C) The Director shall include in any notice under 
subparagraph (B) an explanation of the nature of the transfer 
and how it satisfies the requirements of this subsection.
    ``(2)(A) The Director of National Intelligence, with the 
approval of the Director of the Office of Management and Budget 
and in accordance with procedures to be developed by the 
Director of National Intelligence and the heads of the 
departments and agencies concerned, may transfer personnel 
authorized for an element of the intelligence community to 
another such element for a period of not more than 2 years.
    ``(B) A transfer of personnel may be made under this 
paragraph only if--
            ``(i) the personnel are being transferred to an 
        activity that is a higher priority intelligence 
        activity; and
            ``(ii) the transfer supports an emergent need, 
        improves program effectiveness, or increases 
        efficiency.
    ``(C) The Director of National Intelligence shall promptly 
provide notice of any transfer of personnel made pursuant to 
this paragraph to--
            ``(i) the congressional intelligence committees;
            ``(ii) in the case of the transfer of personnel to 
        or from the Department of Defense, the Committees on 
        Armed Services of the Senate and the House of 
        Representatives; and
            ``(iii) in the case of the transfer of personnel to 
        or from the Department of Justice, to the Committees on 
        the Judiciary of the Senate and the House of 
        Representatives.
    ``(D) The Director shall include in any notice under 
subparagraph (C) an explanation of the nature of the transfer 
and how it satisfies the requirements of this paragraph.
    ``(3) It is the sense of Congress that--
            ``(A) the nature of the national security threats 
        facing the United States will continue to challenge the 
        intelligence community to respond rapidly and flexibly 
        to bring analytic resources to bear against emerging 
        and unforeseen requirements;
            ``(B) both the Office of the Director of National 
        Intelligence and any analytic centers determined to be 
        necessary should be fully and properly supported with 
        appropriate levels of personnel resources and that the 
        President's yearly budget requests adequately support 
        those needs; and
            ``(C) the President should utilize all legal and 
        administrative discretion to ensure that the Director 
        of National Intelligence and all other elements of the 
        intelligence community have the necessary resources and 
        procedures to respond promptly and effectively to 
        emerging and unforeseen national security challenges.
    ``(f) Tasking and Other Authorities.--(1)(A) The Director 
of National Intelligence shall--
            ``(i) establish objectives, priorities, and 
        guidance for the intelligence community to ensure 
        timely and effective collection, processing, analysis, 
        and dissemination (including access by users to 
        collected data consistent with applicable law and, as 
        appropriate, the guidelines referred to in subsection 
        (b) and analytic products generated by or within the 
        intelligence community) of national intelligence;
            ``(ii) determine requirements and priorities for, 
        and manage and direct the tasking of, collection, 
        analysis, production, and dissemination of national 
        intelligence by elements of the intelligence community, 
        including--
                    ``(I) approving requirements (including 
                those requirements responding to needs provided 
                by consumers) for collection and analysis; and
                    ``(II) resolving conflicts in collection 
                requirements and in the tasking of national 
                collection assets of the elements of the 
                intelligence community; and
            ``(iii) provide advisory tasking to intelligence 
        elements of those agencies and departments not within 
        the National Intelligence Program.
    ``(B) The authority of the Director of National 
Intelligence under subparagraph (A) shall not apply--
            ``(i) insofar as the President so directs;
            ``(ii) with respect to clause (ii) of subparagraph 
        (A), insofar as the Secretary of Defense exercises 
        tasking authority under plans or arrangements agreed 
        upon by the Secretary of Defense and the Director of 
        National Intelligence; or
            ``(iii) to the direct dissemination of information 
        to State government and local government officials and 
        private sector entities pursuant to sections 201 and 
        892 of the Homeland Security Act of 2002 (6 U.S.C. 121, 
        482).
    ``(2) The Director of National Intelligence shall oversee 
the National Counterterrorism Center and may establish such 
other national intelligence centers as the Director determines 
necessary.
    ``(3)(A) The Director of National Intelligence shall 
prescribe, in consultation with the heads of other agencies or 
elements of the intelligence community, and the heads of their 
respective departments, personnel policies and programs 
applicable to the intelligence community that--
            ``(i) encourage and facilitate assignments and 
        details of personnel to national intelligence centers, 
        and between elements of the intelligence community;
            ``(ii) set standards for education, training, and 
        career development of personnel of the intelligence 
        community;
            ``(iii) encourage and facilitate the recruitment 
        and retention by the intelligence community of highly 
        qualified individuals for the effective conduct of 
        intelligence activities;
            ``(iv) ensure that the personnel of the 
        intelligence community are sufficiently diverse for 
        purposes of the collection and analysis of intelligence 
        through the recruitment and training of women, 
        minorities, and individuals with diverse ethnic, 
        cultural, and linguistic backgrounds;
            ``(v) make service in more than one element of the 
        intelligence community a condition of promotion to such 
        positions within the intelligence community as the 
        Director shall specify; and
            ``(vi) ensure the effective management of 
        intelligence community personnel who are responsible 
        for intelligence community-wide matters.
    ``(B) Policies prescribed under subparagraph (A) shall not 
be inconsistent with the personnel policies otherwise 
applicable to members of the uniformed services.
    ``(4) The Director of National Intelligence shall ensure 
compliance with the Constitution and laws of the United States 
by the Central Intelligence Agency and shall ensure such 
compliance by other elements of the intelligence community 
through the host executive departments that manage the programs 
and activities that are part of the National Intelligence 
Program.
    ``(5) The Director of National Intelligence shall ensure 
the elimination of waste and unnecessary duplication within the 
intelligence community.
    ``(6) The Director of National Intelligence shall establish 
requirements and priorities for foreign intelligence 
information to be collected under the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), and provide 
assistance to the Attorney General to ensure that information 
derived from electronic surveillance or physical searches under 
that Act is disseminated so it may be used efficiently and 
effectively for national intelligence purposes, except that the 
Director shall have no authority to direct or undertake 
electronic surveillance or physical search operations pursuant 
to that Act unless authorized by statute or Executive order.
    ``(7) The Director of National Intelligence shall perform 
such other functions as the President may direct.
    ``(8) Nothing in this title shall be construed as affecting 
the role of the Department of Justice or the Attorney General 
under the Foreign Intelligence Surveillance Act of 1978.
    ``(g) Intelligence Information Sharing.--(1) The Director 
of National Intelligence shall have principal authority to 
ensure maximum availability of and access to intelligence 
information within the intelligence community consistent with 
national security requirements. The Director of National 
Intelligence shall--
            ``(A) establish uniform security standards and 
        procedures;
            ``(B) establish common information technology 
        standards, protocols, and interfaces;
            ``(C) ensure development of information technology 
        systems that include multi-level security and 
        intelligence integration capabilities;
            ``(D) establish policies and procedures to resolve 
        conflicts between the need to share intelligence 
        information and the need to protect intelligence 
        sources and methods;
            ``(E) develop an enterprise architecture for the 
        intelligence community and ensure that elements of the 
        intelligence community comply with such architecture; 
        and
            ``(F) have procurement approval authority over all 
        enterprise architecture-related information technology 
        items funded in the National Intelligence Program.
    ``(2) The President shall ensure that the Director of 
National Intelligence has all necessary support and authorities 
to fully and effectively implement paragraph (1).
    ``(3) Except as otherwise directed by the President or with 
the specific written agreement of the head of the department or 
agency in question, a Federal agency or official shall not be 
considered to have met any obligation to provide any 
information, report, assessment, or other material (including 
unevaluated intelligence information) to that department or 
agency solely by virtue of having provided that information, 
report, assessment, or other material to the Director of 
National Intelligence or the National Counterterrorism Center.
    ``(4) Not later than February 1 of each year, the Director 
of National Intelligence shall submit to the President and to 
the Congress an annual report that identifies any statute, 
regulation, policy, or practice that the Director believes 
impedes the ability of the Director to fully and effectively 
implement paragraph (1).
    ``(h) Analysis.--To ensure the most accurate analysis of 
intelligence is derived from all sources to support national 
security needs, the Director of National Intelligence shall--
            ``(1) implement policies and procedures--
                    ``(A) to encourage sound analytic methods 
                and tradecraft throughout the elements of the 
                intelligence community;
                    ``(B) to ensure that analysis is based upon 
                all sources available; and
                    ``(C) to ensure that the elements of the 
                intelligence community regularly conduct 
                competitive analysis of analytic products, 
                whether such products are produced by or 
                disseminated to such elements;
            ``(2) ensure that resource allocation for 
        intelligence analysis is appropriately proportional to 
        resource allocation for intelligence collection systems 
        and operations in order to maximize analysis of all 
        collected data;
            ``(3) ensure that differences in analytic judgment 
        are fully considered and brought to the attention of 
        policymakers; and
            ``(4) ensure that sufficient relationships are 
        established between intelligence collectors and 
        analysts to facilitate greater understanding of the 
        needs of analysts.
    ``(i) Protection of Intelligence Sources and Methods.--(1) 
The Director of National Intelligence shall protect 
intelligence sources and methods from unauthorized disclosure.
    ``(2) Consistent with paragraph (1), in order to maximize 
the dissemination of intelligence, the Director of National 
Intelligence shall establish and implement guidelines for the 
intelligence community for the following purposes:
            ``(A) Classification of information under 
        applicable law, Executive orders, or other Presidential 
        directives.
            ``(B) Access to and dissemination of intelligence, 
        both in final form and in the form when initially 
        gathered.
            ``(C) Preparation of intelligence products in such 
        a way that source information is removed to allow for 
        dissemination at the lowest level of classification 
        possible or in unclassified form to the extent 
        practicable.
    ``(3) The Director may only delegate a duty or authority 
given the Director under this subsection to the Principal 
Deputy Director of National Intelligence.
    ``(j) Uniform Procedures for Sensitive Compartmented 
Information.--The Director of National Intelligence, subject to 
the direction of the President, shall--
            ``(1) establish uniform standards and procedures 
        for the grant of access to sensitive compartmented 
        information to any officer or employee of any agency or 
        department of the United States and to employees of 
        contractors of those agencies or departments;
            ``(2) ensure the consistent implementation of those 
        standards and procedures throughout such agencies and 
        departments;
            ``(3) ensure that security clearances granted by 
        individual elements of the intelligence community are 
        recognized by all elements of the intelligence 
        community, and under contracts entered into by those 
        agencies; and
            ``(4) ensure that the process for investigation and 
        adjudication of an application for access to sensitive 
        compartmented information is performed in the most 
        expeditious manner possible consistent with applicable 
        standards for national security.
    ``(k) Coordination With Foreign Governments.--Under the 
direction of the President and in a manner consistent with 
section 207 of the Foreign Service Act of 1980 (22 U.S.C. 
3927), the Director of National Intelligence shall oversee the 
coordination of the relationships between elements of the 
intelligence community and the intelligence or security 
services of foreign governments or international organizations 
on all matters involving intelligence related to the national 
security or involving intelligence acquired through clandestine 
means.
    ``(l) Enhanced Personnel Management.--(1)(A) The Director 
of National Intelligence shall, under regulations prescribed by 
the Director, provide incentives for personnel of elements of 
the intelligence community to serve--
            ``(i) on the staff of the Director of National 
        Intelligence;
            ``(ii) on the staff of the national intelligence 
        centers;
            ``(iii) on the staff of the National 
        Counterterrorism Center; and
            ``(iv) in other positions in support of the 
        intelligence community management functions of the 
        Director.
    ``(B) Incentives under subparagraph (A) may include 
financial incentives, bonuses, and such other awards and 
incentives as the Director considers appropriate.
    ``(2)(A) Notwithstanding any other provision of law, the 
personnel of an element of the intelligence community who are 
assigned or detailed under paragraph (1)(A) to service under 
the Director of National Intelligence shall be promoted at 
rates equivalent to or better than personnel of such element 
who are not so assigned or detailed.
    ``(B) The Director may prescribe regulations to carry out 
this section.
    ``(3)(A) The Director of National Intelligence shall 
prescribe mechanisms to facilitate the rotation of personnel of 
the intelligence community through various elements of the 
intelligence community in the course of their careers in order 
to facilitate the widest possible understanding by such 
personnel of the variety of intelligence requirements, methods, 
users, and capabilities.
    ``(B) The mechanisms prescribed under subparagraph (A) may 
include the following:
            ``(i) The establishment of special occupational 
        categories involving service, over the course of a 
        career, in more than one element of the intelligence 
        community.
            ``(ii) The provision of rewards for service in 
        positions undertaking analysis and planning of 
        operations involving two or more elements of the 
        intelligence community.
            ``(iii) The establishment of requirements for 
        education, training, service, and evaluation for 
        service involving more than one element of the 
        intelligence community.
    ``(C) It is the sense of Congress that the mechanisms 
prescribed under this subsection should, to the extent 
practical, seek to duplicate for civilian personnel within the 
intelligence community the joint officer management policies 
established by chapter 38 of title 10, United States Code, and 
the other amendments made by title IV of the Goldwater-Nichols 
Department of Defense Reorganization Act of 1986 (Public Law 
99-433).
    ``(4)(A) Except as provided in subparagraph (B) and 
subparagraph (D), this subsection shall not apply with respect 
to personnel of the elements of the intelligence community who 
are members of the uniformed services.
    ``(B) Mechanisms that establish requirements for education 
and training pursuant to paragraph (3)(B)(iii) may apply with 
respect to members of the uniformed services who are assigned 
to an element of the intelligence community funded through the 
National Intelligence Program, but such mechanisms shall not be 
inconsistent with personnel policies and education and training 
requirements otherwise applicable to members of the uniformed 
services.
    ``(C) The personnel policies and programs developed and 
implemented under this subsection with respect to law 
enforcement officers (as that term is defined in section 
5541(3) of title 5, United States Code) shall not affect the 
ability of law enforcement entities to conduct operations or, 
through the applicable chain of command, to control the 
activities of such law enforcement officers.
    ``(D) Assignment to the Office of the Director of National 
Intelligence of commissioned officers of the Armed Forces shall 
be considered a joint-duty assignment for purposes of the joint 
officer management policies prescribed by chapter 38 of title 
10, United States Code, and other provisions of that title.
    ``(m) Additional Authority With Respect to Personnel.--(1) 
In addition to the authorities under subsection (f)(3), the 
Director of National Intelligence may exercise with respect to 
the personnel of the Office of the Director of National 
Intelligence any authority of the Director of the Central 
Intelligence Agency with respect to the personnel of the 
Central Intelligence Agency under the Central Intelligence 
Agency Act of 1949 (50 U.S.C. 403a et seq.), and other 
applicable provisions of law, as of the date of the enactment 
of this subsection to the same extent, and subject to the same 
conditions and limitations, that the Director of the Central 
Intelligence Agency may exercise such authority with respect to 
personnel of the Central Intelligence Agency.
    ``(2) Employees and applicants for employment of the Office 
of the Director of National Intelligence shall have the same 
rights and protections under the Office of the Director of 
National Intelligence as employees of the Central Intelligence 
Agency have under the Central Intelligence Agency Act of 1949, 
and other applicable provisions of law, as of the date of the 
enactment of this subsection.
    ``(n) Acquisition Authorities.--(1) In carrying out the 
responsibilities and authorities under this section, the 
Director of National Intelligence may exercise the acquisition 
and appropriations authorities referred to in the Central 
Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) other 
than the authorities referred to in section 8(b) of that Act 
(50 U.S.C. 403j(b)).
    ``(2) For the purpose of the exercise of any authority 
referred to in paragraph (1), a reference to the head of an 
agency shall be deemed to be a reference to the Director of 
National Intelligence or the Principal Deputy Director of 
National Intelligence.
    ``(3)(A) Any determination or decision to be made under an 
authority referred to in paragraph (1) by the head of an agency 
may be made with respect to individual purchases and contracts 
or with respect to classes of purchases or contracts, and shall 
be final.
    ``(B) Except as provided in subparagraph (C), the Director 
of National Intelligence or the Principal Deputy Director of 
National Intelligence may, in such official's discretion, 
delegate to any officer or other official of the Office of the 
Director of National Intelligence any authority to make a 
determination or decision as the head of the agency under an 
authority referred to in paragraph (1).
    ``(C) The limitations and conditions set forth in section 
3(d) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
403c(d)) shall apply to the exercise by the Director of 
National Intelligence of an authority referred to in paragraph 
(1).
    ``(D) Each determination or decision required by an 
authority referred to in the second sentence of section 3(d) of 
the Central Intelligence Agency Act of 1949 shall be based upon 
written findings made by the official making such determination 
or decision, which findings shall be final and shall be 
available within the Office of the Director of National 
Intelligence for a period of at least six years following the 
date of such determination or decision.
    ``(o) Consideration of Views of Elements of Intelligence 
Community.--In carrying out the duties and responsibilities 
under this section, the Director of National Intelligence shall 
take into account the views of a head of a department 
containing an element of the intelligence community and of the 
Director of the Central Intelligence Agency.
    ``(p) Responsibility of Director of National Intelligence 
Regarding National Intelligence Program Budget Concerning the 
Department of Defense.--Subject to the direction of the 
President, the Director of National Intelligence shall, after 
consultation with the Secretary of Defense, ensure that the 
National Intelligence Program budgets for the elements of the 
intelligence community that are within the Department of 
Defense are adequate to satisfy the national intelligence needs 
of the Department of Defense, including the needs of the 
Chairman of the Joint Chiefs of Staff and the commanders of the 
unified and specified commands, and wherever such elements are 
performing Government-wide functions, the needs of other 
Federal departments and agencies.
    ``(q) Acquisitions of Major Systems.--(1) For each 
intelligence program within the National Intelligence Program 
for the acquisition of a major system, the Director of National 
Intelligence shall--
            ``(A) require the development and implementation of 
        a program management plan that includes cost, schedule, 
        and performance goals and program milestone criteria, 
        except that with respect to Department of Defense 
        programs the Director shall consult with the Secretary 
        of Defense;
            ``(B) serve as exclusive milestone decision 
        authority, except that with respect to Department of 
        Defense programs the Director shall serve as milestone 
        decision authority jointly with the Secretary of 
        Defense or the designee of the Secretary; and
            ``(C) periodically--
                    ``(i) review and assess the progress made 
                toward the achievement of the goals and 
                milestones established in such plan; and
                    ``(ii) submit to Congress a report on the 
                results of such review and assessment.
    ``(2) If the Director of National Intelligence and the 
Secretary of Defense are unable to reach an agreement on a 
milestone decision under paragraph (1)(B), the President shall 
resolve the conflict.
    ``(3) Nothing in this subsection may be construed to limit 
the authority of the Director of National Intelligence to 
delegate to any other official any authority to perform the 
responsibilities of the Director under this subsection.
    ``(4) In this subsection:
            ``(A) The term `intelligence program', with respect 
        to the acquisition of a major system, means a program 
        that--
                    ``(i) is carried out to acquire such major 
                system for an element of the intelligence 
                community; and
                    ``(ii) is funded in whole out of amounts 
                available for the National Intelligence 
                Program.
            ``(B) The term `major system' has the meaning given 
        such term in section 4(9) of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 403(9)).
    ``(r) Performance of Common Services.--The Director of 
National Intelligence shall, in consultation with the heads of 
departments and agencies of the United States Government 
containing elements within the intelligence community and with 
the Director of the Central Intelligence Agency, coordinate the 
performance by the elements of the intelligence community 
within the National Intelligence Program of such services as 
are of common concern to the intelligence community, which 
services the Director of National Intelligence determines can 
be more efficiently accomplished in a consolidated manner.

           ``OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE

    ``Sec. 103. (a) Office of Director of National 
Intelligence.--There is an Office of the Director of National 
Intelligence.
    ``(b) Function.--The function of the Office of the Director 
of National Intelligence is to assist the Director of National 
Intelligence in carrying out the duties and responsibilities of 
the Director under this Act, the National Security Act of 1947 
(50 U.S.C. 401 et seq.), and other applicable provisions of 
law, and to carry out such other duties as may be prescribed by 
the President or by law.
    ``(c) Composition.--The Office of the Director of National 
Intelligence is composed of the following:
            ``(1) The Director of National Intelligence.
            ``(2) The Principal Deputy Director of National 
        Intelligence.
            ``(3) Any Deputy Director of National Intelligence 
        appointed under section 103A.
            ``(4) The National Intelligence Council.
            ``(5) The General Counsel.
            ``(6) The Civil Liberties Protection Officer.
            ``(7) The Director of Science and Technology.
            ``(8) The National Counterintelligence Executive 
        (including the Office of the National 
        Counterintelligence Executive).
            ``(9) Such other offices and officials as may be 
        established by law or the Director may establish or 
        designate in the Office, including national 
        intelligence centers.
    ``(d) Staff.--(1) To assist the Director of National 
Intelligence in fulfilling the duties and responsibilities of 
the Director, the Director shall employ and utilize in the 
Office of the Director of National Intelligence a professional 
staff having an expertise in matters relating to such duties 
and responsibilities, and may establish permanent positions and 
appropriate rates of pay with respect to that staff.
    ``(2) The staff of the Office of the Director of National 
Intelligence under paragraph (1) shall include the staff of the 
Office of the Deputy Director of Central Intelligence for 
Community Management that is transferred to the Office of the 
Director of National Intelligence under section 1091 of the 
National Security Intelligence Reform Act of 2004.
    ``(e) Limitation on Co-Location With Other Elements of 
Intelligence Community.--Commencing as of October 1, 2008, the 
Office of the Director of National Intelligence may not be co-
located with any other element of the intelligence community.

              ``DEPUTY DIRECTORS OF NATIONAL INTELLIGENCE

    ``Sec. 103A. (a) Principal Deputy Director of National 
Intelligence.--(1) There is a Principal Deputy Director of 
National Intelligence who shall be appointed by the President, 
by and with the advice and consent of the Senate.
    ``(2) In the event of a vacancy in the position of 
Principal Deputy Director of National Intelligence, the 
Director of National Intelligence shall recommend to the 
President an individual for appointment as Principal Deputy 
Director of National Intelligence.
    ``(3) Any individual nominated for appointment as Principal 
Deputy Director of National Intelligence shall have extensive 
national security experience and management expertise.
    ``(4) The individual serving as Principal Deputy Director 
of National Intelligence shall not, while so serving, serve in 
any capacity in any other element of the intelligence 
community.
    ``(5) The Principal Deputy Director of National 
Intelligence shall assist the Director of National Intelligence 
in carrying out the duties and responsibilities of the 
Director.
    ``(6) The Principal Deputy Director of National 
Intelligence shall act for, and exercise the powers of, the 
Director of National Intelligence during the absence or 
disability of the Director of National Intelligence or during a 
vacancy in the position of Director of National Intelligence.
    ``(b) Deputy Directors of National Intelligence.--(1) There 
may be not more than four Deputy Directors of National 
Intelligence who shall be appointed by the Director of National 
Intelligence.
    ``(2) Each Deputy Director of National Intelligence 
appointed under this subsection shall have such duties, 
responsibilities, and authorities as the Director of National 
Intelligence may assign or are specified by law.
    ``(c) Military Status of Director of National Intelligence 
and Principal Deputy Director of National Intelligence.--(1) 
Not more than one of the individuals serving in the positions 
specified in paragraph (2) may be a commissioned officer of the 
Armed Forces in active status.
    ``(2) The positions referred to in this paragraph are the 
following:
            ``(A) The Director of National Intelligence.
            ``(B) The Principal Deputy Director of National 
        Intelligence.
    ``(3) It is the sense of Congress that, under ordinary 
circumstances, it is desirable that one of the individuals 
serving in the positions specified in paragraph (2)--
            ``(A) be a commissioned officer of the Armed 
        Forces, in active status; or
            ``(B) have, by training or experience, an 
        appreciation of military intelligence activities and 
        requirements.
    ``(4) A commissioned officer of the Armed Forces, while 
serving in a position specified in paragraph (2)--
            ``(A) shall not be subject to supervision or 
        control by the Secretary of Defense or by any officer 
        or employee of the Department of Defense;
            ``(B) shall not exercise, by reason of the 
        officer's status as a commissioned officer, any 
        supervision or control with respect to any of the 
        military or civilian personnel of the Department of 
        Defense except as otherwise authorized by law; and
            ``(C) shall not be counted against the numbers and 
        percentages of commissioned officers of the rank and 
        grade of such officer authorized for the military 
        department of that officer.
    ``(5) Except as provided in subparagraph (A) or (B) of 
paragraph (4), the appointment of an officer of the Armed 
Forces to a position specified in paragraph (2) shall not 
affect the status, position, rank, or grade of such officer in 
the Armed Forces, or any emolument, perquisite, right, 
privilege, or benefit incident to or arising out of such 
status, position, rank, or grade.
    ``(6) A commissioned officer of the Armed Forces on active 
duty who is appointed to a position specified in paragraph (2), 
while serving in such position and while remaining on active 
duty, shall continue to receive military pay and allowances and 
shall not receive the pay prescribed for such position. Funds 
from which such pay and allowances are paid shall be reimbursed 
from funds available to the Director of National Intelligence.

                    ``NATIONAL INTELLIGENCE COUNCIL

    ``Sec. 103B. (a) National Intelligence Council.--There is a 
National Intelligence Council.
    ``(b) Composition.--(1) The National Intelligence Council 
shall be composed of senior analysts within the intelligence 
community and substantive experts from the public and private 
sector, who shall be appointed by, report to, and serve at the 
pleasure of, the Director of National Intelligence.
    ``(2) The Director shall prescribe appropriate security 
requirements for personnel appointed from the private sector as 
a condition of service on the Council, or as contractors of the 
Council or employees of such contractors, to ensure the 
protection of intelligence sources and methods while avoiding, 
wherever possible, unduly intrusive requirements which the 
Director considers to be unnecessary for this purpose.
    ``(c) Duties and Responsibilities.--(1) The National 
Intelligence Council shall--
            ``(A) produce national intelligence estimates for 
        the United States Government, including alternative 
        views held by elements of the intelligence community 
        and other information as specified in paragraph (2);
            ``(B) evaluate community-wide collection and 
        production of intelligence by the intelligence 
        community and the requirements and resources of such 
        collection and production; and
            ``(C) otherwise assist the Director of National 
        Intelligence in carrying out the responsibilities of 
        the Director under section 102A.
    ``(2) The Director of National Intelligence shall ensure 
that the Council satisfies the needs of policymakers and other 
consumers of intelligence.
    ``(d) Service as Senior Intelligence Advisers.--Within 
their respective areas of expertise and under the direction of 
the Director of National Intelligence, the members of the 
National Intelligence Council shall constitute the senior 
intelligence advisers of the intelligence community for 
purposes of representing the views of the intelligence 
community within the United States Government.
    ``(e) Authority To Contract.--Subject to the direction and 
control of the Director of National Intelligence, the National 
Intelligence Council may carry out its responsibilities under 
this section by contract, including contracts for substantive 
experts necessary to assist the Council with particular 
assessments under this section.
    ``(f) Staff.--The Director of National Intelligence shall 
make available to the National Intelligence Council such staff 
as may be necessary to permit the Council to carry out its 
responsibilities under this section.
    ``(g) Availability of Council and Staff.--(1) The Director 
of National Intelligence shall take appropriate measures to 
ensure that the National Intelligence Council and its staff 
satisfy the needs of policymaking officials and other consumers 
of intelligence.
    ``(2) The Council shall be readily accessible to 
policymaking officials and other appropriate individuals not 
otherwise associated with the intelligence community.
    ``(h) Support.--The heads of the elements of the 
intelligence community shall, as appropriate, furnish such 
support to the National Intelligence Council, including the 
preparation of intelligence analyses, as may be required by the 
Director of National Intelligence.
    ``(i) National Intelligence Council Product.--For purposes 
of this section, the term `National Intelligence Council 
product' includes a National Intelligence Estimate and any 
other intelligence community assessment that sets forth the 
judgment of the intelligence community as a whole on a matter 
covered by such product.

                           ``GENERAL COUNSEL

    ``Sec. 103C. (a) General Counsel.--There is a General 
Counsel of the Office of the Director of National Intelligence 
who shall be appointed by the President, by and with the advice 
and consent of the Senate.
    ``(b) Prohibition on Dual Service as General Counsel of 
Another Agency.--The individual serving in the position of 
General Counsel may not, while so serving, also serve as the 
General Counsel of any other department, agency, or element of 
the United States Government.
    ``(c) Scope of Position.--The General Counsel is the chief 
legal officer of the Office of the Director of National 
Intelligence.
    ``(d) Functions.--The General Counsel shall perform such 
functions as the Director of National Intelligence may 
prescribe.

                  ``CIVIL LIBERTIES PROTECTION OFFICER

    ``Sec. 103D. (a) Civil Liberties Protection Officer.--(1) 
Within the Office of the Director of National Intelligence, 
there is a Civil Liberties Protection Officer who shall be 
appointed by the Director of National Intelligence.
    ``(2) The Civil Liberties Protection Officer shall report 
directly to the Director of National Intelligence.
    ``(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 Director of National Intelligence 
        and the elements of the intelligence community within 
        the National Intelligence Program;
            ``(2) oversee compliance by the Office and the 
        Director of National Intelligence 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 Director 
        of National Intelligence and, as appropriate, 
        investigate any such complaint or information;
            ``(4) ensure that the use of technologies sustain, 
        and do not erode, privacy protections relating to 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 Director of National Intelligence 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).

                  ``DIRECTOR OF SCIENCE AND TECHNOLOGY

    ``Sec. 103E. (a) Director of Science and Technology.--There 
is a Director of Science and Technology within the Office of 
the Director of National Intelligence who shall be appointed by 
the Director of National Intelligence.
    ``(b) Requirement Relating to Appointment.--An individual 
appointed as Director of Science and Technology shall have a 
professional background and experience appropriate for the 
duties of the Director of Science and Technology.
    ``(c) Duties.--The Director of Science and Technology 
shall--
            ``(1) act as the chief representative of the 
        Director of National Intelligence for science and 
        technology;
            ``(2) chair the Director of National Intelligence 
        Science and Technology Committee under subsection (d);
            ``(3) assist the Director in formulating a long-
        term strategy for scientific advances in the field of 
        intelligence;
            ``(4) assist the Director on the science and 
        technology elements of the budget of the Office of the 
        Director of National Intelligence; and
            ``(5) perform other such duties as may be 
        prescribed by the Director of National Intelligence or 
        specified by law.
    ``(d) Director of National Intelligence Science and 
Technology Committee.--(1) There is within the Office of the 
Director of Science and Technology a Director of National 
Intelligence Science and Technology Committee.
    ``(2) The Committee shall be composed of the principal 
science officers of the National Intelligence Program.
    ``(3) The Committee shall--
            ``(A) coordinate advances in research and 
        development related to intelligence; and
            ``(B) perform such other functions as the Director 
        of Science and Technology shall prescribe.

                ``NATIONAL COUNTERINTELLIGENCE EXECUTIVE

    ``Sec. 103F. (a) National Counterintelligence Executive.--
The National Counterintelligence Executive under section 902 of 
the Counterintelligence Enhancement Act of 2002 (title IX of 
Public Law 107-306; 50 U.S.C. 402b et seq.) is a component of 
the Office of the Director of National Intelligence.
    ``(b) Duties.--The National Counterintelligence Executive 
shall perform the duties provided in the Counterintelligence 
Enhancement Act of 2002 and such other duties as may be 
prescribed by the Director of National Intelligence or 
specified by law.

                     ``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.
    ``(b) Supervision.--The Director of the Central 
Intelligence Agency shall report to the Director of National 
Intelligence regarding the activities of the Central 
Intelligence Agency.
    ``(c) Duties.--The Director of the Central Intelligence 
Agency shall--
            ``(1) serve as the head of the Central Intelligence 
        Agency; and
            ``(2) carry out the responsibilities specified in 
        subsection (d).
    ``(d) 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) correlate and evaluate intelligence related 
        to the national security and provide appropriate 
        dissemination of such intelligence;
            ``(3) provide overall direction for and 
        coordination of the collection of national intelligence 
        outside the United States through human sources by 
        elements of the intelligence community authorized to 
        undertake such collection and, in coordination with 
        other departments, agencies, or elements of the United 
        States Government which are authorized to undertake 
        such collection, ensure that the most effective use is 
        made of resources and that appropriate account is taken 
        of the risks to the United States and those involved in 
        such collection; and
            ``(4) perform such other functions and duties 
        related to intelligence affecting the national security 
        as the President or the Director of National 
        Intelligence may direct.
    ``(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 deems 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.
    ``(f) Coordination With Foreign Governments.--Under the 
direction of the Director of National Intelligence and in a 
manner consistent with section 207 of the Foreign Service Act 
of 1980 (22 U.S.C. 3927), the Director of the Central 
Intelligence Agency shall coordinate the relationships between 
elements of the intelligence community and the intelligence or 
security services of foreign governments or international 
organizations on all matters involving intelligence related to 
the national security or involving intelligence acquired 
through clandestine means.''.
    (b) Sense of Congress.--It is the 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 Director of National Intelligence.
    (c) Transformation of Central Intelligence Agency.--The 
Director of the Central Intelligence Agency shall, in 
accordance with standards developed by the Director in 
consultation with the Director of National Intelligence--
            (1) enhance the analytic, human intelligence, and 
        other capabilities of the Central Intelligence Agency;
            (2) develop and maintain an effective language 
        program within the Agency;
            (3) emphasize the hiring of personnel of diverse 
        backgrounds for purposes of improving the capabilities 
        of the Agency;
            (4) establish and maintain effective relationships 
        between human intelligence and signals intelligence 
        within the Agency at the operational level; and
            (5) achieve a more effective balance within the 
        Agency with respect to unilateral operations and 
        liaison operations.
    (d) Report.--(1) Not later than 180 days after the date of 
the enactment of this Act, the Director of the Central 
Intelligence Agency shall submit to the Director of National 
Intelligence and the congressional intelligence committees a 
report setting forth the following:
            (A) A strategy for improving the conduct of 
        analysis (including strategic analysis) by the Central 
        Intelligence Agency, and the progress of the Agency in 
        implementing that strategy.
            (B) A strategy for improving the human intelligence 
        and other capabilities of the Agency, and the progress 
        of the Agency in implementing that strategy.
    (2)(A) The information in the report under paragraph (1) on 
the strategy referred to in paragraph (1)(B) shall--
            (i) identify the number and types of personnel 
        required to implement that strategy;
            (ii) include a plan for the recruitment, training, 
        equipping, and deployment of such personnel; and
            (iii) set forth an estimate of the costs of such 
        activities.
    (B) If as of the date of the report under paragraph (1), a 
proper balance does not exist between unilateral operations and 
liaison operations, such report shall set forth the steps to be 
taken to achieve such balance.

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 Director of National 
Intelligence, 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, a 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 Director of National 
Intelligence 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 DIRECTOR OF NATIONAL INTELLIGENCE 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 DNI in Certain Appointments.--(1) 
In the event of a vacancy in a position referred to in 
paragraph (2), the Director of National Intelligence shall 
recommend to the President an individual for nomination to fill 
the vacancy.
    ``(2) Paragraph (1) applies to the following positions:
            ``(A) The Principal Deputy Director of National 
        Intelligence.
            ``(B) The Director of the Central Intelligence 
        Agency.
    ``(b) Concurrence of DNI 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 Director of National 
Intelligence 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 
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.
            ``(D) The Assistant Secretary of State for 
        Intelligence and Research.
            ``(E) The Director of the Office of Intelligence of 
        the Department of Energy.
            ``(F) The Director of the Office of 
        Counterintelligence of the Department of Energy.
            ``(G) The Assistant Secretary for Intelligence and 
        Analysis of the Department of the Treasury.
            ``(H) The Executive Assistant Director for 
        Intelligence of the Federal Bureau of Investigation or 
        any successor to that position.
            ``(I) The Assistant Secretary of Homeland Security 
        for Information Analysis.
    ``(c) Consultation With DNI 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 Director of National 
Intelligence 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 Commandant of the Coast Guard 
        for Intelligence.''.

SEC. 1015. EXECUTIVE SCHEDULE MATTERS.

    (a) Executive Schedule Level I.--Section 5312 of title 5, 
United States Code, is amended by adding at the end the 
following new item:
            ``Director of National Intelligence.''.
    (b) Executive Schedule Level II.--Section 5313 of title 5, 
United States Code, is amended by adding at the end the 
following new items:
            ``Principal Deputy Director of National 
        Intelligence.
            ``Director of the National Counterterrorism Center.
            ``Director of the National Counter Proliferation 
        Center.''.
    (c) Executive Schedule Level IV.--Section 5315 of title 5, 
United States Code, is amended--
            (1) by striking the item relating to the Assistant 
        Directors of Central Intelligence; and
            (2) by adding at the end the following new item:
            ``General Counsel of the Office of the National 
        Intelligence Director.''.

SEC. 1016. INFORMATION SHARING.

    (a) Definitions.--In this section:
            (1) Information sharing council.--The term 
        ``Information Sharing Council'' means the Information 
        Systems Council established by Executive Order 13356, 
        or any successor body designated by the President, and 
        referred to under subsection (g).
            (2) Information sharing environment; ise.--The 
        terms ``information sharing environment'' and ``ISE'' 
        mean an approach that facilitates the sharing of 
        terrorism information, which approach may include any 
        methods determined necessary and appropriate for 
        carrying out this section.
            (3) Program manager.--The term ``program manager'' 
        means the program manager designated under subsection 
        (f).
            (4) Terrorism information.--The term ``terrorism 
        information'' means all information, whether collected, 
        produced, or distributed by intelligence, law 
        enforcement, military, homeland security, or other 
        activities relating to--
                    (A) the existence, organization, 
                capabilities, plans, intentions, 
                vulnerabilities, means of finance or material 
                support, or activities of foreign or 
                international terrorist groups or individuals, 
                or of domestic groups or individuals involved 
                in transnational terrorism;
                    (B) threats posed by such groups or 
                individuals to the United States, United States 
                persons, or United States interests, or to 
                those of other nations;
                    (C) communications of or by such groups or 
                individuals; or
                    (D) groups or individuals reasonably 
                believed to be assisting or associated with 
                such groups or individuals.
    (b) Information Sharing Environment.--
            (1) Establishment.--The President shall--
                    (A) create an information sharing 
                environment for the sharing of terrorism 
                information in a manner consistent with 
                national security and with applicable legal 
                standards relating to privacy and civil 
                liberties;
                    (B) designate the organizational and 
                management structures that will be used to 
                operate and manage the ISE; and
                    (C) determine and enforce the policies, 
                directives, and rules that will govern the 
                content and usage of the ISE.
            (2) Attributes.--The President shall, through the 
        structures described in subparagraphs (B) and (C) of 
        paragraph (1), ensure that the ISE provides and 
        facilitates the means for sharing terrorism information 
        among all appropriate Federal, State, local, and tribal 
        entities, and the private sector through the use of 
        policy guidelines and technologies. The President 
        shall, to the greatest extent practicable, ensure that 
        the ISE provides the functional equivalent of, or 
        otherwise supports, a decentralized, distributed, and 
        coordinated environment that--
                    (A) connects existing systems, where 
                appropriate, provides no single points of 
                failure, and allows users to share information 
                among agencies, between levels of government, 
                and, as appropriate, with the private sector;
                    (B) ensures direct and continuous online 
                electronic access to information;
                    (C) facilitates the availability of 
                information in a form and manner that 
                facilitates its use in analysis, investigations 
                and operations;
                    (D) builds upon existing systems 
                capabilities currently in use across the 
                Government;
                    (E) employs an information access 
                management approach that controls access to 
                data rather than just systems and networks, 
                without sacrificing security;
                    (F) facilitates the sharing of information 
                at and across all levels of security;
                    (G) provides directory services, or the 
                functional equivalent, for locating people and 
                information;
                    (H) incorporates protections for 
                individuals' privacy and civil liberties; and
                    (I) incorporates strong mechanisms to 
                enhance accountability and facilitate 
                oversight, including audits, authentication, 
                and access controls.
    (c) Preliminary Report.--Not later than 180 days after the 
date of the enactment of this Act, the program manager shall, 
in consultation with the Information Sharing Council--
            (1) submit to the President and Congress a 
        description of the technological, legal, and policy 
        issues presented by the creation of the ISE, and the 
        way in which these issues will be addressed;
            (2) establish an initial capability to provide 
        electronic directory services, or the functional 
        equivalent, to assist in locating in the Federal 
        Government intelligence and terrorism information and 
        people with relevant knowledge about intelligence and 
        terrorism information; and
            (3) conduct a review of relevant current Federal 
        agency capabilities, databases, and systems for sharing 
        information.
    (d) Guidelines and Requirements.--As soon as possible, but 
in no event later than 270 days after the date of the enactment 
of this Act, the President shall--
            (1) leverage all ongoing efforts consistent with 
        establishing the ISE and issue guidelines for 
        acquiring, accessing, sharing, and using information, 
        including guidelines to ensure that information is 
        provided in its most shareable form, such as by using 
        tearlines to separate out data from the sources and 
        methods by which the data are obtained;
            (2) in consultation with the Privacy and Civil 
        Liberties Oversight Board established under section 
        1061, issue guidelines that--
                    (A) protect privacy and civil liberties in 
                the development and use of the ISE; and
                    (B) shall be made public, unless 
                nondisclosure is clearly necessary to protect 
                national security; and
            (3) require the heads of Federal departments and 
        agencies to promote a culture of information sharing 
        by--
                    (A) reducing disincentives to information 
                sharing, including over-classification of 
                information and unnecessary requirements for 
                originator approval, consistent with applicable 
                laws and regulations; and
                    (B) providing affirmative incentives for 
                information sharing.
    (e) Implementation Plan Report.--Not later than one year 
after the date of the enactment of this Act, the President 
shall, with the assistance of the program manager, submit to 
Congress a report containing an implementation plan for the 
ISE. The report shall include the following:
            (1) A description of the functions, capabilities, 
        resources, and conceptual design of the ISE, including 
        standards.
            (2) A description of the impact on enterprise 
        architectures of participating agencies.
            (3) A budget estimate that identifies the 
        incremental costs associated with designing, testing, 
        integrating, deploying, and operating the ISE.
            (4) A project plan for designing, testing, 
        integrating, deploying, and operating the ISE.
            (5) The policies and directives referred to in 
        subsection (b)(1)(C), as well as the metrics and 
        enforcement mechanisms that will be utilized.
            (6) Objective, systemwide performance measures to 
        enable the assessment of progress toward achieving the 
        full implementation of the ISE.
            (7) A description of the training requirements 
        needed to ensure that the ISE will be adequately 
        implemented and properly utilized.
            (8) A description of the means by which privacy and 
        civil liberties will be protected in the design and 
        operation of the ISE.
            (9) The recommendations of the program manager, in 
        consultation with the Information Sharing Council, 
        regarding whether, and under what conditions, the ISE 
        should be expanded to include other intelligence 
        information.
            (10) A delineation of the roles of the Federal 
        departments and agencies that will participate in the 
        ISE, including an identification of the agencies that 
        will deliver the infrastructure needed to operate and 
        manage the ISE (as distinct from individual department 
        or agency components that are part of the ISE), with 
        such delineation of roles to be consistent with--
                    (A) the authority of the Director of 
                National Intelligence under this title, and the 
                amendments made by this title, to set standards 
                for information sharing throughout the 
                intelligence community; and
                    (B) the authority of the Secretary of 
                Homeland Security and the Attorney General, and 
                the role of the Department of Homeland Security 
                and the Attorney General, in coordinating with 
                State, local, and tribal officials and the 
                private sector.
            (11) The recommendations of the program manager, in 
        consultation with the Information Sharing Council, for 
        a future management structure for the ISE, including 
        whether the position of program manager should continue 
        to remain in existence.
    (f) Program Manager.--
            (1) Designation.--Not later than 120 days after the 
        date of the enactment of this Act, with notification to 
        Congress, the President shall designate an individual 
        as the program manager responsible for information 
        sharing across the Federal Government. The individual 
        designated as the program manager shall serve as 
        program manager during the two-year period beginning on 
        the date of designation under this paragraph unless 
        sooner removed from service and replaced by the 
        President (at the President's sole discretion). The 
        program manager shall have and exercise governmentwide 
        authority.
            (2) Duties and responsibilities.--
                    (A) In general.--The program manager shall, 
                in consultation with the Information Sharing 
                Council--
                            (i) plan for and oversee the 
                        implementation of, and manage, the ISE;
                            (ii) assist in the development of 
                        policies, procedures, guidelines, 
                        rules, and standards as appropriate to 
                        foster the development and proper 
                        operation of the ISE; and
                            (iii) assist, monitor, and assess 
                        the implementation of the ISE by 
                        Federal departments and agencies to 
                        ensure adequate progress, technological 
                        consistency and policy compliance; and 
                        regularly report the findings to 
                        Congress.
                    (B) Content of policies, procedures, 
                guidelines, rules, and standards.--The 
                policies, procedures, guidelines, rules, and 
                standards under subparagraph (A)(ii) shall--
                            (i) take into account the varying 
                        missions and security requirements of 
                        agencies participating in the ISE;
                            (ii) address development, 
                        implementation, and oversight of 
                        technical standards and requirements;
                            (iii) take into account ongoing and 
                        planned efforts that support 
                        development, implementation and 
                        management of the ISE;
                            (iv) address and facilitate 
                        information sharing between and among 
                        departments and agencies of the 
                        intelligence community, the Department 
                        of Defense, the homeland security 
                        community and the law enforcement 
                        community;
                            (v) address and facilitate 
                        information sharing between Federal 
                        departments and agencies and State, 
                        tribal, and local governments;
                            (vi) address and facilitate, as 
                        appropriate, information sharing 
                        between Federal departments and 
                        agencies and the private sector;
                            (vii) address and facilitate, as 
                        appropriate, information sharing 
                        between Federal departments and 
                        agencies with foreign partners and 
                        allies; and
                            (viii) ensure the protection of 
                        privacy and civil liberties.
    (g) Information Sharing Council.--
            (1) Establishment.--There is established an 
        Information Sharing Council that shall assist the 
        President and the program manager in their duties under 
        this section. The Information Sharing Council shall 
        serve during the two-year period beginning on the date 
        of the initial designation of the program manager by 
        the President under subsection (f)(1), unless sooner 
        removed from service and replaced by the President (at 
        the sole discretion of the President) with a successor 
        body.
            (2) Specific duties.--In assisting the President 
        and the program manager in their duties under this 
        section, the Information Sharing Council shall--
                    (A) advise the President and the program 
                manager in developing policies, procedures, 
                guidelines, roles, and standards necessary to 
                establish, implement, and maintain the ISE;
                    (B) work to ensure coordination among the 
                Federal departments and agencies participating 
                in the ISE in the establishment, 
                implementation, and maintenance of the ISE;
                    (C) identify and, as appropriate, recommend 
                the consolidation and elimination of current 
                programs, systems, and processes used by 
                Federal departments and agencies to share 
                information, and recommend, as appropriate, the 
                redirection of existing resources to support 
                the ISE;
                    (D) identify gaps, if any, between existing 
                technologies, programs and systems used by 
                Federal departments and agencies to share 
                information and the parameters of the proposed 
                information sharing environment;
                    (E) recommend solutions to address any gaps 
                identified under subparagraph (D);
                    (F) recommend means by which the ISE can be 
                extended to allow interchange of information 
                between Federal departments and agencies and 
                appropriate authorities of State and local 
                governments; and
                    (G) recommend whether or not, and by which 
                means, the ISE should be expanded so as to 
                allow future expansion encompassing other 
                relevant categories of information.
            (3) Consultation.--In performing its duties, the 
        Information Sharing Council shall consider input from 
        persons and entities outside the Federal Government 
        having significant experience and expertise in policy, 
        technical matters, and operational matters relating to 
        the ISE.
            (4) Inapplicability of federal advisory committee 
        act.--The Information Sharing Council shall not be 
        subject to the requirements of the Federal Advisory 
        Committee Act (5 U.S.C. App.).
    (h) Performance Management Reports.--
            (1) In general.--Not later than two years after the 
        date of the enactment of this Act, and annually 
        thereafter, the President shall submit to Congress a 
        report on the state of the ISE and of information 
        sharing across the Federal Government.
            (2) Content.--Each report under this subsection 
        shall include--
                    (A) a progress report on the extent to 
                which the ISE has been implemented, including 
                how the ISE has fared on the performance 
                measures and whether the performance goals set 
                in the preceding year have been met;
                    (B) objective system-wide performance goals 
                for the following year;
                    (C) an accounting of how much was spent on 
                the ISE in the preceding year;
                    (D) actions taken to ensure that 
                procurement of and investments in systems and 
                technology are consistent with the 
                implementation plan for the ISE;
                    (E) the extent to which all terrorism watch 
                lists are available for combined searching in 
                real time through the ISE and whether there are 
                consistent standards for placing individuals 
                on, and removing individuals from, the watch 
                lists, including the availability of processes 
                for correcting errors;
                    (F) the extent to which State, tribal, and 
                local officials are participating in the ISE;
                    (G) the extent to which private sector 
                data, including information from owners and 
                operators of critical infrastructure, is 
                incorporated in the ISE, and the extent towhich 
individuals and entities outside the government are receiving 
information through the ISE;
                    (H) the measures taken by the Federal 
                government to ensure the accuracy of 
                information in the ISE, in particular the 
                accuracy of information about individuals;
                    (I) an assessment of the privacy and civil 
                liberties protections of the ISE, including 
                actions taken in the preceding year to 
                implement or enforce privacy and civil 
                liberties protections; and
                    (J) an assessment of the security 
                protections used in the ISE.
    (i) Agency Responsibilities.--The head of each department 
or agency that possesses or uses intelligence or terrorism 
information, operates a system in the ISE, or otherwise 
participates (or expects to participate) in the ISE shall--
            (1) ensure full department or agency compliance 
        with information sharing policies, procedures, 
        guidelines, rules, and standards established under 
        subsections (b) and (f);
            (2) ensure the provision of adequate resources for 
        systems and activities supporting operation of and 
        participation in the ISE;
            (3) ensure full department or agency cooperation in 
        the development of the ISE to implement governmentwide 
        information sharing; and
            (4) submit, at the request of the President or the 
        program manager, any reports on the implementation of 
        the requirements of the ISE within such department or 
        agency.
    (j) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $20,000,000 for 
each of fiscal years 2005 and 2006.

SEC. 1017. ALTERNATIVE ANALYSIS OF INTELLIGENCE BY THE INTELLIGENCE 
                    COMMUNITY.

    (a) In General.--Not later than 180 days after the 
effective date of this Act, the Director of National 
Intelligence shall establish a process and assign an individual 
or entity the responsibility for ensuring that, as appropriate, 
elements of the intelligence community conduct alternative 
analysis (commonly referred to as ``red-team analysis'') of the 
information and conclusions in intelligence products.
    (b) Report.--Not later than 270 days after the effective 
date of this Act, the Director of National Intelligence shall 
provide a report to the Select Committee on Intelligence of the 
Senate and the Permanent Select Committee of the House of 
Representatives on the implementation of subsection (a).

SEC. 1018. PRESIDENTIAL GUIDELINES ON IMPLEMENTATION AND PRESERVATION 
                    OF AUTHORITIES.

    The President shall issue guidelines to ensure the 
effective implementation and execution within the executive 
branch of the authorities granted to the Director of National 
Intelligence by this title and the amendments made by this 
title, in a manner that respects and does not abrogate the 
statutory responsibilities of the heads of the departments of 
the United States Government concerning such departments, 
including, but not limited to:
            (1) the authority of the Director of the Office of 
        Management and Budget; and
            (2) the authority of the principal officers of the 
        executive departments as heads of their respective 
        departments, including, but not limited to, under--
                    (A) section 199 of the Revised Statutes (22 
                U.S.C. 2651);
                    (B) title II of the Department of Energy 
                Organization Act (42 U.S.C. 7131 et seq.);
                    (C) the State Department Basic Authorities 
                Act of 1956;
                    (D) section 102(a) of the Homeland Security 
                Act of 2002 (6 U.S.C. 112(a)); and
                    (E) sections 301 of title 5, 113(b) and 
                162(b) of title 10, 503 of title 28, and 301(b) 
                of title 31, United States Code.

SEC. 1019. ASSIGNMENT OF RESPONSIBILITIES RELATING TO ANALYTIC 
                    INTEGRITY.

    (a) Assignment of Responsibilities.--For purposes of 
carrying out section 102A(h) of the National Security Act of 
1947 (as added by section 1011(a)), the Director of National 
Intelligence shall, not later than 180 days after the date of 
the enactment of this Act, assign an individual or entity to be 
responsible for ensuring that finished intelligence products 
produced by any element or elements of the intelligence 
community are timely, objective, independent of political 
considerations, based upon all sources of available 
intelligence, and employ the standards of proper analytic 
tradecraft.
    (b) Responsibilities.--(1) The individual or entity 
assigned responsibility under subsection (a)--
            (A) may be responsible for general oversight and 
        management of analysis and production, but may not be 
        directly responsible for, or involved in, the specific 
        production of any finished intelligence product;
            (B) shall perform, on a regular basis, detailed 
        reviews of finished intelligence product or other 
        analytic products by an element or elements of the 
        intelligence community covering a particular topic or 
        subject matter;
            (C) shall be responsible for identifying on an 
        annual basis functional or topical areas of analysis 
        for specific review under subparagraph (B); and
            (D) upon completion of any review under 
        subparagraph (B), may draft lessons learned, identify 
        best practices, or make recommendations for improvement 
        to the analytic tradecraft employed in the production 
        of the reviewed product or products.
    (2) Each review under paragraph (1)(B) should--
            (A) include whether the product or products 
        concerned were based on all sources of available 
        intelligence, properly describe the quality and 
        reliability of underlying sources, properly caveat and 
        express uncertainties or confidence in analytic 
        judgments, properly distinguish between underlying 
        intelligence and the assumptions and judgments of 
        analysts, and incorporate, where appropriate, 
        alternative analyses; and
            (B) ensure that the analytic methodologies, 
        tradecraft, and practices used by the element or 
        elements concerned in the production of the product or 
        products concerned meet the standards set forth in 
        subsection (a).
    (3) Information drafted under paragraph (1)(D) should, as 
appropriate, be included in analysis teaching modules and case 
studies for use throughout the intelligence community.
    (c) Annual Reports.--Not later than December 1 each year, 
the Director of National Intelligence shall submit to the 
congressional intelligence committees, the heads of the 
relevant elements of the intelligence community, and the heads 
of analytic training departments a report containing a 
description, and the associated findings, of each review under 
subsection (b)(1)(B) during such year.
    (d) Congressional Intelligence Committees Defined.--In this 
section, the term ``congressional intelligence committees'' 
means--
            (1) the Select Committee on Intelligence of the 
        Senate; and
            (2) the Permanent Select Committee on Intelligence 
        of the House of Representatives.

SEC. 1020. SAFEGUARD OF OBJECTIVITY IN INTELLIGENCE ANALYSIS.

    (a) In General.--Not later than 180 days after the 
effective date of this Act, the Director of National 
Intelligence shall identify an individual within the Office of 
the Director of National Intelligence who shall be available to 
analysts within the Office of the Director of National 
Intelligence to counsel, conduct arbitration, offer 
recommendations, and, as appropriate, initiate inquiries into 
real or perceived problems of analytic tradecraft or 
politicization, biased reporting, or lack of objectivity in 
intelligence analysis.
    (b) Report.--Not later than 270 days after the effective 
date of this Act, the Director of National Intelligence shall 
provide a report to the Select Committee on Intelligence of the 
Senate and the Permanent Select Committee on Intelligence of 
the House of Representatives on the implementation of 
subsection (a).

    Subtitle B--National Counterterrorism Center, National Counter 
        Proliferation Center, and National Intelligence Centers

SEC. 1021. NATIONAL COUNTERTERRORISM CENTER.

    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 Director of National Intelligence a National 
Counterterrorism Center.
    ``(b) Director of National Counterterrorism Center.--(1) 
There is a Director of the National Counterterrorism Center, 
who shall be the head of the National Counterterrorism Center, 
and who shall be appointed by the President, by and with the 
advice and consent of the Senate.
    ``(2) The Director of the National Counterterrorism Center 
may not simultaneously serve in any other capacity in the 
executive branch.
    ``(c) Reporting.--(1) The Director of the National 
Counterterrorism Center shall report to the Director of 
National Intelligence with respect to matters described in 
paragraph (2) and the President with respect to matters 
described in paragraph (3).
            ``(2) The matters described in this paragraph are 
        as follows:
                    ``(A) The budget and programs of the 
                National Counterterrorism Center.
                    ``(B) The activities of the Directorate of 
                Intelligence of the National Counterterrorism 
                Center under subsection (h).
                    ``(C) The conduct of intelligence 
                operations implemented by other elements of the 
                intelligence community; and
            ``(3) The matters described in this paragraph are 
        the planning and progress of joint counterterrorism 
        operations (other than intelligence 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 responsibilities as part 
        of 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 operational 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.--(1) The 
Director of the National Counterterrorism Center shall--
            ``(A) serve as the principal adviser to the 
        Director of National Intelligence on intelligence 
        operations relating to counterterrorism;
            ``(B) provide strategic operational 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;
            ``(C) advise the Director of National Intelligence 
        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;
            ``(D) 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;
            ``(E) 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 Director of National Intelligence;
            ``(F) develop a strategy for combining terrorist 
        travel intelligence operations and law enforcement 
        planning and operations into a cohesive effort to 
        intercept terrorists, find terrorist travel 
        facilitators, and constrain terrorist mobility;
            ``(G) have primary responsibility within the United 
        States Government for conducting net assessments of 
        terrorist threats;
            ``(H) consistent with priorities approved by the 
        President, assist the Director of National Intelligence 
        in establishing requirements for the intelligence 
        community for the collection of terrorism information; 
        and
            ``(I) perform such other duties as the Director of 
        National Intelligence may prescribe or are prescribed 
        by law.
    ``(2) Nothing in paragraph (1)(G) shall limit the authority 
of the departments and agencies of the United States to conduct 
net assessments.
    ``(g) Limitation.--The Director of the National 
Counterterrorism Center may not direct the execution of 
counterterrorism operations.
    ``(h) Resolution of Disputes.--The Director of National 
Intelligence 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 under this section. The 
head of such a department, agency, or element may appeal the 
resolution of the disagreement by the Director of National 
Intelligence 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 Operational Planning.--(1) 
The Director of the National Counterterrorism Center shall 
establish and maintain within the National Counterterrorism 
Center a Directorate of Strategic Operational Planning which 
shall provide strategic operational plans for counterterrorism 
operations conducted by the United States Government.
    ``(2) Strategic operational planning shall include the 
mission, objectives to be achieved, tasks to be performed, 
interagency coordination of operational activities, and the 
assignment of roles and responsibilities.
    ``(3) The Director of the National Counterterrorism Center 
shall monitor the implementation of strategic operational 
plans, and shall obtain information from each element of the 
intelligence community, and from each other department, agency, 
or element of the United States Government relevant for 
monitoring the progress of such entity in implementing such 
plans.

SEC. 1022. NATIONAL COUNTER PROLIFERATION CENTER.

    Title I of the National Security Act of 1947, as amended by 
section 1021 of this Act, is further amended by adding at the 
end the following new section:

                ``NATIONAL COUNTER PROLIFERATION CENTER

    ``Sec. 119A. (a) Establishment.--Not later than 18 months 
after the date of the enactment of the National Security 
Intelligence Reform Act of 2004, the President shall establish 
a National Counter Proliferation Center, taking into account 
all appropriate government tools to prevent and halt the 
proliferation of weapons of mass destruction, their delivery 
systems, and related materials and technologies.
    ``(b) Missions and Objectives.--In establishing the 
National Counter Proliferation Center, the President shall 
address the following missions and objectives to prevent and 
halt the proliferation of weapons of mass destruction, their 
delivery systems, and related materials and technologies:
            ``(1) Establishing a primary organization within 
        the United States Government for analyzing and 
        integrating all intelligence possessed or acquired by 
        the United States pertaining to proliferation.
            ``(2) Ensuring that appropriate agencies have full 
        access to and receive all-source intelligence support 
        needed to executetheir counter proliferation plans or 
activities, and perform independent, alternative analyses.
            ``(3) Establishing a central repository on known 
        and suspected proliferation activities, including the 
        goals, strategies, capabilities, networks, and any 
        individuals, groups, or entities engaged in 
        proliferation.
            ``(4) Disseminating proliferation information, 
        including proliferation threats and analyses, to the 
        President, to the appropriate departments and agencies, 
        and to the appropriate committees of Congress.
            ``(5) Conducting net assessments and warnings about 
        the proliferation of weapons of mass destruction, their 
        delivery systems, and related materials and