To establish the Director of National Intelligence as head of the intelligence community, to modify and enhance authorities and responsibilities relating to the administration of intelligence and the intelligence community, and for other purposes.

January 16, 2003

Mrs. FEINSTEIN introduced the following bill; which was read twice and referred to the Select Committee on Intelligence

To establish the Director of National Intelligence as head of the intelligence community, to modify and enhance authorities and responsibilities relating to the administration of intelligence and the intelligence community, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Intelligence Community Leadership Act of 2003'.

SEC. 2. REORGANIZATION AND IMPROVEMENT OF MANAGEMENT OF INTELLIGENCE COMMUNITY.

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

`OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE

`SEC. 102. (a) OFFICE OF DIRECTOR OF NATIONAL INTELLIGENCE- (1) There is an Office of the Director of National Intelligence. The function of the Office is to assist the Director of National Intelligence in carrying out the duties and responsibilities of the Director under this Act and to carry out such other duties as may be prescribed by law.

`(2) The Office of the Director of National Intelligence is composed of the following:

`(A) The Director of National Intelligence.

`(B) The Deputy Director of National Intelligence.

`(C) The Deputy Director of National Intelligence for Community Management.

`(D) The National Intelligence Council.

`(E) The Assistant Director of National Intelligence for Collection.

`(F) The Assistant Director of National Intelligence for Analysis and Production.

`(G) The Assistant Director of National Intelligence for Administration.

`(H) The General Counsel to the Director of National Intelligence.

`(I) The Inspector General of the Intelligence Community.

`(J) The Office of the National Counterintelligence Executive.

`(K) Such other offices and officials as may be established by law or the Director of National Intelligence may establish or designate in the Office.

`(3) To assist the Director in fulfilling the responsibilities of the Director as head of the intelligence community, the Director shall employ and utilize in the Office of the Director of National Intelligence a professional staff having an expertise in matters relating to such responsibilities, and may establish permanent positions and appropriate rates of pay with respect to that staff.

`(b) DIRECTOR OF NATIONAL INTELLIGENCE- (1) There is a Director of National Intelligence who shall be appointed by the President, by and with the advice and consent of the Senate.

`(2) Any individual nominated for appointment as Director of National Intelligence shall have extensive national security expertise.

`(3) The Director of National Intelligence shall--

`(A) serve as head of the United States intelligence community; and

`(B) act as the principal adviser to the President for intelligence matters related to the national security.

`(c) DEPUTY DIRECTOR OF NATIONAL INTELLIGENCE- (1) There is a Deputy Director of National Intelligence who shall be appointed by the President, by and with the advice and consent of the Senate.

`(2) Any individual nominated for appointment as Deputy Director of National Intelligence shall have extensive national security expertise.

`(3) The Deputy Director of National Intelligence shall assist the Director of National Intelligence in carrying out the Director's responsibilities under this Act.

`(4) The Deputy Director of National Intelligence shall act for, and exercise the powers of, the Director of National Intelligence during the Director's absence or disability or during a vacancy in the position of the Director of National Intelligence.

`(5) The Deputy Director of National Intelligence takes precedence in the Office of the Director of National Intelligence immediately after the Director of National Intelligence.

`(d) DEPUTY DIRECTOR OF NATIONAL INTELLIGENCE FOR COMMUNITY MANAGEMENT- (1) There is a Deputy Director of National Intelligence for Community Management who shall be appointed by the President, by and with the advice and consent of the Senate.

`(2) Any individual nominated for appointment as Deputy Director of National Intelligence for Community Management shall have extensive national security expertise.

`(3) The Deputy Director of National Intelligence for Community Management shall, subject to the direction of the Director of National Intelligence, be responsible for the following:

`(A) Directing the operations of the Community Management Staff.

`(B) Through the Assistant Director of National Intelligence for Collection, ensuring the efficient and effective collection of national intelligence using technical means and human sources.

`(C) Through the Assistant Director of National Intelligence for Analysis and Production, conducting oversight of the analysis and production of intelligence by elements of the intelligence community.

`(D) Through the Assistant Director of National Intelligence for Administration, performing community-wide management functions of the intelligence community, including the management of personnel and resources.

`(4) The Deputy Director of National Intelligence for Community Management takes precedence in the Office of the Director of National Intelligence immediately after the Deputy Director of National Intelligence.

`(e) MILITARY STATUS OF DIRECTOR AND DEPUTY DIRECTORS- (1) Not more than one of the individuals serving in the positions specified in paragraph (2) may be a commissioned officer of the Armed Forces, whether in active or retired status.

`(2) The positions referred to in this paragraph are the following:

`(A) The Director of National Intelligence.

`(B) The Deputy Director of National Intelligence.

`(C) The Deputy Director of National Intelligence for Community Management.

`(3) It is the sense of Congress that, under ordinary circumstances, it is desirable that one of the individuals serving in the positions specified in paragraph (2)--

`(A) be a commissioned officer of the Armed Forces, whether in active or retired status; or

`(B) have, by training or experience, an appreciation of military intelligence activities and requirements.

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

`(A) shall not be subject to supervision or control by the Secretary of Defense or by any officer or employee of the Department of Defense;

`(B) shall not exercise, by reason of the officer's status as a commissioned officer, any supervision or control with respect to any of the military or civilian personnel of the Department of Defense except as otherwise authorized by law; and

`(C) shall not be counted against the numbers and percentages of commissioned officers of the rank and grade of such officer authorized for the military department of that officer.

`(5) Except as provided in subparagraph (A) or (B) of paragraph (4), the appointment of an officer of the Armed Forces to a position specified in paragraph (2) shall not affect the status, position, rank, or grade of such officer in the Armed Forces, or any emolument, perquisite, right, privilege, or benefit incident to or arising out of such status, position, rank, or grade.

`(6) A commissioned officer of the Armed Forces on active duty who is appointed to a position specified in paragraph (2), while serving in such position and while remaining on active duty, shall continue to receive military pay and allowances and shall not receive the pay prescribed for such position. Funds from which such pay and allowances are paid shall be reimbursed from funds available to the Director of National Intelligence.

`(f) NATIONAL INTELLIGENCE COUNCIL- (1) There is a National Intelligence Council.

`(2)(A) The Council shall be composed of senior analysts within the intelligence community and substantive experts from the public and private sector, who shall be appointed by, report to, and serve at the pleasure of the Director of National Intelligence.

`(B) The Director shall prescribe appropriate security requirements for personnel appointed from the private sector as a condition of service on the Council, or as contractors of the Council or employees of such contractors, to ensure the protection of intelligence sources and methods while avoiding, wherever possible, unduly intrusive requirements which the Director considers to be unnecessary for this purpose.

`(3) The Council shall--

`(A) produce national intelligence estimates for the Government, including, whenever the Council considers appropriate, alternative views held by elements of the intelligence community;

`(B) evaluate community-wide collection and production of intelligence by the intelligence community and the requirements and resources of such collection and production; and

`(C) otherwise assist the Director in carrying out the responsibilities described in section 103(a).

`(4) Within their respective areas of expertise and under the direction of the Director, the members of the Council shall constitute the senior intelligence advisers of the intelligence community for purposes of representing the views of the intelligence community within the Government.

`(5) Subject to the direction and control of the Director, the Council may carry out its responsibilities under this subsection by contract, including contracts for substantive experts necessary to assist the Council with particular assessments under this subsection.

`(6) The Director shall make available to the Council such staff as may be necessary to permit the Council to carry out its responsibilities under this subsection, and shall take appropriate measures to ensure that the Council and its staff satisfy the needs of policymaking officials and other consumers of intelligence.

`(7) The Council shall be readily accessible to policymaking officials and other appropriate individuals not otherwise associated with the intelligence community.

`(8) The heads of elements within the intelligence community shall, as appropriate, furnish such support to the Council, including the preparation of intelligence analyses, as may be required by the Director.

`(g) ASSISTANT DIRECTOR OF NATIONAL INTELLIGENCE FOR COLLECTION- (1) There is an Assistant Director of National Intelligence for Collection who shall be appointed by the President, by and with the advice and consent of the Senate.

`(2) The Assistant Director for Collection shall assist the Director of National Intelligence in carrying out the Director's collection responsibilities in order to ensure the efficient and effective collection of national intelligence.

`(h) ASSISTANT DIRECTOR OF NATIONAL INTELLIGENCE FOR ANALYSIS AND PRODUCTION- (1) There is an Assistant Director of National Intelligence for Analysis and Production who shall be appointed by the President, by and with the advice and consent of the Senate.

`(2) The Assistant Director for Analysis and Production shall--

`(A) oversee the analysis and production of intelligence by the elements of the intelligence community;

`(B) establish standards and priorities relating to the analysis and production of intelligence by such elements;

`(C) monitor the allocation of resources for the analysis and production of intelligence in order to identify unnecessary duplication in the analysis and production of intelligence;

`(D) direct competitive analysis of analytical products having National importance;

`(E) identify intelligence to be collected for purposes of the Assistant Director of National Intelligence for Collection; and

`(F) provide such additional analysis and production of intelligence as the President and the National Security Council may require.

`(i) ASSISTANT DIRECTOR OF NATIONAL INTELLIGENCE FOR ADMINISTRATION- (1) There is an Assistant Director of National Intelligence for Administration who shall be appointed by the President, by and with the advice and consent of the Senate.

`(2) The Assistant Director for Administration shall manage such activities relating to the administration of the intelligence community as the Director of National Intelligence shall require.

`(j) GENERAL COUNSEL TO DIRECTOR OF NATIONAL INTELLIGENCE- (1) There is a General Counsel to the Director of National Intelligence who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate.

`(2) The individual serving in the position of General Counsel to the Director of National Intelligence may not, while so serving, also serve as the General Counsel of the Central Intelligence Agency.

`(3) The General Counsel to the Director of National Intelligence is the chief legal officer for the Director of National Intelligence.

`(4) The General Counsel to the Director of National Intelligence shall perform such functions as the Director of National Intelligence may prescribe.

`(k) INSPECTOR GENERAL OF INTELLIGENCE COMMUNITY- (1) There shall be an Inspector General of the Intelligence Community who is appointed as provided in section 3 of the Inspector General Act of 1978 (5 U.S.C. App. 3).

`(2) The Inspector General of the Intelligence Community shall report to and be under the general supervision of the Director of National Intelligence.

`(3) The Inspector General of the Intelligence Community shall, with respect to the intelligence community as a whole and each element of the intelligence community, perform such duties, have such responsibilities, and exercise such powers specified in the Inspector General Act of 1978 as the Director of National Intelligence shall prescribe.

`(4) Each inspector general of an element of the intelligence community shall cooperate fully with the Inspector General of the Intelligence Community in the performance of any duty or function by the Inspector General of the Intelligence Community under this subsection regarding such element.

`(5) The performance by the Inspector General of the Intelligence Community of any duty or function regarding an element of the intelligence community may not be construed to modify or affect the responsibility of any other inspector general having responsibilities regarding the element of the intelligence community.

`RESPONSIBILITIES OF DIRECTOR OF NATIONAL INTELLIGENCE

`SEC. 103. (a) PROVISION OF INTELLIGENCE- (1) Under the direction of the National Security Council, the Director of National Intelligence shall be responsible for providing national intelligence--

`(A) to the President;

`(B) to the heads of departments and agencies of the executive branch;

`(C) to the Chairman of the Joint Chiefs of Staff and senior military commanders; and

`(D) where appropriate, to the Senate and House of Representatives and the committees thereof.

`(2) Such national intelligence should be timely, objective, independent of political considerations, and based upon all sources available to the intelligence community.

`(b) RESPONSIBILITIES OF DIRECTOR OF NATIONAL INTELLIGENCE- The Director of National Intelligence shall--

`(1) develop an annual budget for intelligence and intelligence-related activities of the United States by--

`(A) developing and presenting to the President an annual budget for the National Foreign Intelligence Program, including review, approval, and modification of the execution of intelligence community budgets, and personnel and resource allocation in furtherance of such annual budget;

`(B) participating in the development by the Secretary of Defense of the annual budgets for the Joint Military Intelligence Program and the Tactical Intelligence and Related Activities Program; and

`(C) managing and overseeing the execution and, if necessary, the modification of the annual budget for the National Foreign Intelligence Program, including directing the transfer of funds or personnel between elements of the intelligence community;

`(D) setting, monitoring, and enforcing consistent policy for the intelligence community;

`(E) reviewing, approving, modifying, and exercising primary management and oversight of the research and development efforts of the intelligence community;

`(F) reviewing, approving, and coordinating relationships between elements of the intelligence community and foreign intelligence, law enforcement, and security services;

`(G) insuring that the elements of the intelligence community comply fully with policies,

guidance, and authorities applicable to the intelligence community on management, administration, and law;

`(2) establish the requirements and priorities to govern the collection of national intelligence by elements of the intelligence community;

`(3) approve, establish, and enforce collection processing, and dissemination requirements, determine collection priorities, and resolve conflicts in collection priorities levied on national collection assets, except as otherwise agreed with the Secretary of Defense pursuant to the direction of the President;

`(4) promote and evaluate the utility of national intelligence to consumers within the Government;

`(5) eliminate waste and unnecessary duplication within the intelligence community;

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

`(7) protect intelligence sources and methods from unauthorized disclosure; and

`(8) perform such other functions as the President or the National Security Council may direct.

`AUTHORITIES OF DIRECTOR OF NATIONAL INTELLIGENCE

`SEC. 103A. (a) ACCESS TO INTELLIGENCE- To the extent recommended by the National Security Council and approved by the President, the Director of National Intelligence shall have access to all intelligence related to the national security which is collected by any department, agency, or other entity of the United States.

`(b) APPROVAL OF BUDGETS- The Director of National Intelligence shall supervise the elements of the intelligence community in the preparation of their annual budgets, and shall approve such budgets before their incorporation in the National Foreign Intelligence Program.

`(c) REPROGRAMMING- (1) No funds made available under the National Foreign Intelligence Program may be reprogrammed by any element of the intelligence community without the prior approval of the Director of National Intelligence except in accordance with procedures issued by the Director.

`(2) The Secretary of Defense shall consult with the Director before reprogramming funds made available under the Joint Military Intelligence Program.

`(d) TRANSFER OF FUNDS OR PERSONNEL WITHIN NATIONAL FOREIGN INTELLIGENCE PROGRAM- (1)(A) In addition to any other authorities available under law for such purposes, the Director of National Intelligence may, with the approval of the Director of the Office of Management and Budget, transfer funds appropriated for a program within the National Foreign Intelligence Program to another such program and, in accordance with procedures to be developed by the Director, may transfer personnel authorized for an element of the intelligence community to another such element for periods up to a year.

`(B) The Director may only delegate a duty or authority given the Director under this subsection to the Deputy Director of National Intelligence for Community Management.

`(2) A transfer of funds or personnel may be made under this subsection only if--

`(A) the funds or personnel are being transferred to an activity that is a higher priority intelligence activity;

`(B) the need for funds or personnel for such activity is based on unforeseen requirements; and

`(C) the transfer does not involve a transfer of funds to the Reserve for Contingencies of the Central Intelligence Agency.

`(3) Funds transferred under this subsection shall remain available for the same period as the appropriations account to which transferred.

`(4)(A) Any transfer of funds under this subsection shall be carried out in accordance with existing procedures applicable to reprogramming notifications for the appropriate congressional committees.

`(B) Any proposed transfer for which notice is given to the appropriate congressional committees shall be accompanied by a report explaining the nature of the proposed transfer and how it satisfies the requirements of this subsection. In addition, the congressional intelligence committees shall be promptly notified of any transfer of funds made pursuant to this subsection in any case in which the transfer would not have otherwise required reprogramming notification under procedures in effect as of October 24, 1992.

`(5) The Director shall promptly submit to the congressional intelligence committees and, in the case of the transfer of personnel to or from the Department of Defense, the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, a report on any transfer of personnel made pursuant to this subsection. The Director shall include in any such report an explanation of the nature of the transfer and how it satisfies the requirements of this subsection.

`(e) COORDINATION WITH FOREIGN GOVERNMENTS- Under the direction of the National Security Council and in a manner consistent with section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927), the Director of National Intelligence shall coordinate the relationships between elements of the intelligence community and the intelligence or security services of foreign governments on all matters involving intelligence related to the national security or involving intelligence acquired through clandestine means.

`(f) USE OF PERSONNEL- The Director of National Intelligence shall, in coordination with the heads of departments and agencies with elements in the intelligence community, institute policies and programs within the intelligence community--

`(1) to provide for the rotation of personnel between the elements of the intelligence community, where appropriate, and to make such rotated service a factor to be considered for promotion to senior positions; and

`(2) to consolidate, wherever possible, personnel, administrative, and security programs to reduce the overall costs of these activities within the intelligence community.

`(g) STANDARDS AND QUALIFICATIONS FOR PERFORMANCE OF INTELLIGENCE ACTIVITIES- The Director of National Intelligence shall, in consultation with the heads of effected agencies, develop standards and qualifications for persons engaged in the performance of intelligence activities within the intelligence community.

`CENTRAL INTELLIGENCE AGENCY

`SEC. 104. (a) IN GENERAL- There is a Central Intelligence Agency.

`(b) FUNCTION- The function of the Agency shall be to assist the Director of the Central Intelligence Agency in carrying out the responsibilities of the Director under section 104A(d).

`DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY

`SEC. 104A. (a) DIRECTOR OF CENTRAL INTELLIGENCE AGENCY- There is a Director of the Central Intelligence Agency who shall be appointed by the President, by and with the advice and consent of the Senate.

`(b) HEAD OF CENTRAL INTELLIGENCE AGENCY- The Director of the Central Intelligence Agency shall be the head of the Central Intelligence Agency.

`(c) PROHIBITION ON SIMULTANEOUS SERVICE AS DIRECTOR OF NATIONAL INTELLIGENCE- The individual serving in the position of Director of the Central Intelligence Agency shall not, while so serving, also serve as the Director of National Intelligence.

`(d) GENERAL RESPONSIBILITIES- As head of the Central Intelligence Agency, the Director of the Central Intelligence Agency shall--

`(1) collect intelligence through human sources and by other appropriate means, except that the Agency shall have no police, subpoena, or law enforcement powers or internal security functions;

`(2) provide overall direction for the collection of national intelligence through human sources by elements of the intelligence community authorized to undertake such collection and, in coordination with other agencies of the Government which are authorized to undertake such collection, ensure that the most effective use is made of resources and that the risks to the United States and those involved in such collection are minimized;

`(3) correlate and evaluate intelligence related to the national security and provide appropriate dissemination of such intelligence;

`(4) perform such additional services as are of common concern to the elements of the intelligence community, which services the Director of National Intelligence determines can be more efficiently accomplished centrally; and

`(5) perform such other functions and duties related to intelligence affecting the national security as the President or the National Security Council may direct.

`(e) TERMINATION OF EMPLOYMENT OF CIA EMPLOYEES- (1) Notwithstanding any other provision of law, the Director of the Central Intelligence Agency may, in the Director's discretion, terminate the employment of any officer or employee of the Central Intelligence Agency whenever the Director considers such termination necessary or advisable in the interests of the United States.

`(2) Termination under paragraph (1) shall not affect the right of the officer or employee terminated to seek or accept employment in any other department or agency of the Government if declared eligible for such employment by the Office of Personnel Management.'.

(b) SENSE OF CONGRESS ON CABINET-LEVEL STATUS OF DIRECTOR OF NATIONAL INTELLIGENCE- It is the sense of Congress that the Director of National Intelligence should be a cabinet-level officer of the United States Government.

(c) GENERAL REFERENCES- (1) Any reference to the Director of Central Intelligence in the Director's capacity as the head of the intelligence community in any law, regulation, document, paper, or other record of the United States shall be deemed to be a reference to the Director of National Intelligence.

(2) Any reference to the Director of Central Intelligence in the Director's capacity as the head of the Central Intelligence Agency in any law, regulation, document, paper, or other record of the United States shall be deemed to be a reference to the Director of the Central Intelligence Agency.

(3) Any reference to the Deputy Director of Central Intelligence in the Deputy Director's capacity as deputy to the head of the intelligence community in any law, regulation, document, paper, or other record of the United States shall be deemed to be a reference to the Deputy Director of National Intelligence.

(4) Any reference to the Deputy Director of Central Intelligence for Community Management in any law, regulation, document, paper, or other record of the United States shall be deemed to be a reference to the Deputy Director of National Intelligence for Community Management.

(5) Any reference to the Assistant Director of Central Intelligence for Collection in any law, regulation, document, paper, or other record of the United States shall be deemed to be a reference to the Assistant Director of National Intelligence for Collection.

(6) Any reference to the Assistant Director of Central Intelligence for Analysis and Production in any law, regulation, document, paper, or other record of the United States shall be deemed to be a reference to the Assistant Director of National Intelligence for Analysis and Production.

(7) Any reference to the Assistant Director of Central Intelligence for Administration in any law, regulation, document, paper, or other record of the United States shall be deemed to be a reference to the Assistant Director of National Intelligence for Administration.

SEC. 3. EXECUTIVE SCHEDULE MATTERS.

(a) EXECUTIVE SCHEDULE LEVEL II- Section 5313 of title 5, United States Code, is amended by striking the

item relating to the Director of Central Intelligence and inserting the following new items:

`Director of National Intelligence.

`Director of the Central Intelligence Agency.'.

(b) EXECUTIVE SCHEDULE LEVEL III- Section 5314 of title 5, United States Code, is amended by striking the item relating to the Deputy Directors of Central Intelligence and inserting the following new item:

`Deputy Directors of National Intelligence (2).'.

(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 inserting the following new item:

`Assistant Directors of National Intelligence (3).';

(2) by striking the item relating to the Inspector General of the Central Intelligence Agency and inserting the following new items:

`Inspector General, Central Intelligence Agency.

`Inspector General, Intelligence Community.'; and

(3) by inserting after the item relating to the General Counsel of the Central Intelligence Agency the following new item:

`General Counsel to the Director of National Intelligence.'.

SEC. 4. CONFORMING AND CLERICAL AMENDMENTS.

(a) NATIONAL SECURITY ACT OF 1947- (1) The National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended by striking `Director of Central Intelligence' and inserting `Director of National Intelligence' each place it appears in the following provisions:

(A) Section 3(4)(A) (50 U.S.C. 401a(4)(A)), both places it appears.

(B) Section 3(4)(J) (50 U.S.C. 401a(4)(J)).

(C) Section 3(5)(B) (50 U.S.C. 401a(5)(B)).

(D) Section 3(6) (50 U.S.C. 401a(6)).

(E) Section 101(h)(2)(A) (50 U.S.C. 402(h)(2)(A)).

(F) Section 101(h)(5) (50 U.S.C. 402(h)(5)).

(G) Section 101(i)(2)(A) (50 U.S.C. 402(i)(2)(A)).

(H) Section 101(j) (50 U.S.C. 402(j)), both places it appears.

(I) Section 105(a) (50 U.S.C. 403-5(a)).

(J) Section 105(a)(2) (50 U.S.C. 403-5(a)(2)).

(K) Section 105(b)(6)(A) (50 U.S.C. 403-5(b)(6)(A)).

(L) Section 105B(a)(1) (50 U.S.C. 403-5b(a)(1)).

(M) Section 105B(a)(2) (50 U.S.C. 403-5b(a)(2)).

(N) Section 105B(b) (50 U.S.C. 403-5b(b)), both places it appears.

(O) Section 105C(a)(6)(B)(viii) (50 U.S.C. 403-5c(a)(6)(B)(viii)).

(P) Section 105C(b) (50 U.S.C. 403-5c(b)), both places it appears.

(Q) Section 105D(b), as added by section 502 of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107-306), both places it appears.

(R) Section 106(a)(1) (50 U.S.C. 403-6(a)(1)).

(S) Section 106(b)(1) (50 U.S.C. 403-6(b)(1)).

(T) Section 106(b)(3) (50 U.S.C. 403-6(b)(3)).

(U) Section 110(b) (50 U.S.C. 404e(b)).

(V) Section 110(c) (50 U.S.C. 404e(c)).

(W) Section 111 (50 U.S.C. 404f).

(X) Section 112(a)(1) (50 U.S.C. 404g(a)(1)).

(Y) Section 112(d)(1) (50 U.S.C. 404g(d)(1)).

(Z) Section 113(b)(2)(A) (50 U.S.C. 404h(b)(2)(A)).

(AA) Section 113(c) (50 U.S.C. 404h(c)).

(BB) Section 114(a)(1) (50 U.S.C. 404i(a)(1)).

(CC) Section 114(b)(1) (50 U.S.C. 404i(b)(1)).

(DD) Section 114(c)(1), as amended by section 324 of the Intelligence Authorization Act for Fiscal Year 2003.

(EE) Section 115(a)(1) (50 U.S.C. 404j(a)(1)).

(FF) Section 115(b) (50 U.S.C. 404j(b)).

(GG) Section 115(c)(1)(B) (50 U.S.C. 404j(c)(1)(B)).

(HH) Section 116(a) (50 U.S.C. 404k(a)).

(II) Section 116(b) (50 U.S.C. 404k(b)).

(JJ) Section 117(a)(1) (50 U.S.C. 404l(a)(1)).

(KK) Section 303(a) (50 U.S.C. 405(a)), both places it appears.

(LL) Section 501(d) (50 U.S.C. 413(d)).

(MM) Section 502(a) (50 U.S.C. 413a(a)).

(NN) Section 502(c) (50 U.S.C. 413a(c)).

(OO) Section 503(b) (50 U.S.C. 413b(b)).

(PP) Section 504(d)(2) (50 U.S.C. 414(d)(2)).

(QQ) Section 506(b), as added by section 311 of the Intelligence Authorization Act for Fiscal Year 2003.

(RR) Section 603(a) (50 U.S.C. 423(a)).

(SS) Section 1001(a), as amended by section 331 of the Intelligence Authorization Act for Fiscal Year 2003.

(2) The National Security Act of 1947 is further amended by striking `Director of Central Intelligence' and inserting `Director of the Central Intelligence Agency' each place it appears in the following provisions:

(A) Section 504(a)(2) (50 U.S.C. 414(a)(2)).

(B) Section 504(a)(3)(C) (50 U.S.C. 414(a)(3)(C)).

(C) Section 701(a) (50 U.S.C. 431(a)).

(D) Section 702(a) (50 U.S.C. 432(a)).

(3) Section 3(4)(A) of that Act (50 U.S.C. 401a(4)(A)) is further amended--

(A) by striking `as provided in section 105(b)(3)' and inserting `as provided in section 102(f)'; and

(B) by striking `the Director may' and inserting `the Director of National Intelligence may'.

(4) Section 105(b) of that Act (50 U.S.C. 403-5(b)) is further amended by striking `sections 103 and 104' and inserting `sections 103, 103A, and 104A'.

(5) Section 112(d) of that Act (50 U.S.C. 404g(d)) is further amended--

(A) in paragraph (1), by striking `section 103(c)(6) of this Act' and inserting `section 103(b)(7)'; and

(B) in paragraph (2), by striking `of this Act'.

(6) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is amended by striking `or the Office of the Director of Central Intelligence' and inserting `the Office of the Director of National Intelligence, or the Office of the Director of the Central Intelligence Agency'.

(7) Section 1001(b) of that Act, as amended by section 331 of the Intelligence Authorization Act for Fiscal Year 2003, is further amended by striking `Assistant Director of Central Intelligence for Administration' and inserting `Assistant Director of National Intelligence for Administration'.

(8) The subsection caption of section 105(d) of that Act (50 U.S.C. 403-5(d)) is amended by striking `THE DIRECTOR OF CENTRAL INTELLIGENCE' and inserting `DIRECTOR OF NATIONAL INTELLIGENCE'.

(9) Section 106 of that Act (50 U.S.C. 403-6) is further amended--

(A) in the subsection caption for subsection (a), by striking `DCI' and inserting `DNI'; and

(B) in the subsection caption for subsection (b), by striking `DCI' and inserting `DNI'.

(10) The heading for section 114 of that Act (50 U.S.C. 404i) is amended to read as follows:

`ADDITIONAL ANNUAL REPORTS FROM THE DIRECTOR OF NATIONAL INTELLIGENCE'.

(11) The table of sections for that Act is amended--

(A) by striking the items relating to sections 102 through 104 and inserting the following new items:

`Sec. 102. Office of the Director of Central Intelligence.

`Sec. 103. Responsibilities of Director of National Intelligence.

`Sec. 103A. Authorities of Director of National Intelligence.

`Sec. 104. Central Intelligence Agency.

`Sec. 104A. Director of the Central Intelligence Agency.'; and

(B) by striking the item relating to section 114 and inserting the following new item:

`Sec. 114. Additional annual reports from the Director of National Intelligence.'.

(b) CENTRAL INTELLIGENCE AGENCY ACT OF 1949- (1) Section 1 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a) is amended--

(A) by redesignating paragraphs (a) and (c) as paragraphs (1) and (3), respectively; and

(B) by striking paragraph (b) and inserting the following new paragraph (2):

`(2) `Director' means the Director of the Central Intelligence Agency; and'.

(2) Section 6 of that Act (50 U.S.C. 403g) is amended--

(A) by striking `Director of Central Intelligence' and inserting `Director of National Intelligence'; and

(B) by striking `section 103(c)(6) of the National Security Act of 1947 (50 U.S.C. 403-3(c)(6))' and inserting `section 103(b)(7) of the National Security Act of 1947'.

(3) That Act is further amended by striking `Director of Central Intelligence' each place it appears in the following provisions and inserting `Director of the Central Intelligence Agency':

(A) Section 14(b) (50 U.S.C. 403n(b)).

(B) Section 16(b)(2) (50 U.S.C. 403p(b)(2)).

(C) Section 16(b)(3) (50 U.S.C. 403p(b)(3)), both places it appears.

(D) Section 20(g)(3)(B) (50 U.S.C. 403u(g)(3)(B)).

(E) Section 20(h)(1) (50 U.S.C. 403u(h)(1)).

(F) Section 20(h)(2) (50 U.S.C. 403u(h)(2)).

(4) That Act is further amended by striking `of Central Intelligence' in each of the following provisions:

(A) Section 16(c)(1)(B) (50 U.S.C. 403p(c)(1)(B)).

(B) Section 17(d)(1) (50 U.S.C. 403q(d)(1)).

(C) Section 17(f) (50 U.S.C. 403q(f)), both places it appears.

(D) Section 20(c) (50 U.S.C. 403t(c)).

(c) CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT- (1) Section 101 of the Central Intelligence Agency Retirement Act (50 U.S.C. 2001) is amended by striking paragraph (2) and inserting the following new paragraph (2):

`(2) DIRECTOR- The term `Director' means the Director of the Central Intelligence Agency.'.

(2) Section 201(c) of that Act (50 U.S.C. 2011) is amended by striking `paragraph (6) of section 103(c) of the National Security Act of 1947 (50 U.S.C. 403-3(c)) that the Director of Central Intelligence' and inserting `section 103(b)(7) of the National Security Act of 1947 that the Director of the National Intelligence'.

(d) CIA VOLUNTARY SEPARATION PAY ACT- Subsection (a)(1) of section 2 of the Central Intelligence Agency Voluntary Separation Pay Act (50 U.S.C. 2001 note) is amended to read as follows:

`(1) the term `Director' means the Director of the Central Intelligence Agency;'.

(e) INSPECTOR GENERAL ACT OF 1978- Section 8H(a)(1)(C) of the Inspector General Act of 1978 (5 U.S.C. App. 8H(a)(1)(C)) is amended by inserting before the period at the end the following: `or to the Inspector General of the Intelligence Community'.

(f) FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978- The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended by striking `Director of Central Intelligence' each place it appears and inserting `Director of National Intelligence'.

(g) CLASSIFIED INFORMATION PROCEDURES ACT- Section 9(a) of the Classified Information Procedures Act (5 U.S.C. App.) is amended by striking `Director of Central Intelligence' and inserting `Director of National Intelligence'.

(h) INTELLIGENCE AUTHORIZATION ACTS-

(1) PUBLIC LAW 103-359- Section 811(c)(6)(C) of the Counterintelligence and Security Enhancements Act of 1994 (title VIII of Public Law 103-359) is amended by striking `Director of Central Intelligence' and inserting `Director of National Intelligence'.

(2) PUBLIC LAW 107-306- (A) Section 313(a) of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107-306) is amended by striking `Director of Central Intelligence, acting as the head of the intelligence community,' and inserting `Director of National Intelligence'.

(B) Section 341 of that Act is amended by striking `Director of Central Intelligence, acting as the head of the intelligence community, shall establish in the Central Intelligence Agency' and inserting `Director of National Intelligence shall establish within the intelligence community'.

(C) Section 343 of that Act is amended--

(i) in subsection (a)(1), by striking `Director of Central Intelligence, acting as the head of the Intelligence Community,' and inserting `Director of National Intelligence';

(ii) in subsection (c), by striking `section 103(c)(6) of the National Security Act of 1947 (50 U.S.C. 403-3(c)(6))' and inserting `section 103(b)(7) of the National Security Act of 1947'; and

(iii) in subsection (e)(2), by striking `section 103(c)(6)' and inserting `section 103(b)(7)'.

(D) Section 352(b) of that Act is amended by inserting `of National Intelligence' after `The Director'.

(E) That Act is further amended by striking `Director of Central Intelligence' each place it appears in the following provisions and inserting `Director of National Intelligence':

(i) Section 902(a)(2).

(ii) Section 904(e)(4).

(iii) Section 904(e)(5).

(iv) Section 904(h)(1).

(F) That Act is further amended by striking `Office of the Director of Central Intelligence' each place it appears in the following provisions and inserting `Office of the Director of National Intelligence':

(i) Section 904(c).

(ii) Section 904(l).

(G) Section 904(m) of that Act is amended by inserting `the Director of National Intelligence,' before `the Director of Central Intelligence'.

(i) USA PATRIOT ACT OF 2001- The USA PATRIOT Act of 2001 (Public Law 107-56) is amended by striking `Director of Central Intelligence' and inserting `Director of National Intelligence' each place it appears in the following provisions:

(1) Section 203(d)(1) (50 U.S.C. 403-5d(d)(1)), as amended by section 897(a) of the Homeland Security Act of 2002 (Public Law 107-296), both places it appears.

(2) Section 908(a) (115 Stat. 391).

(3) Section 1006(b) (115 Stat. 394).

(j) HOMELAND SECURITY ACT OF 2002- The Homeland Security Act of 2002 (Public Law 107-296) is amended by striking `Director of Central Intelligence' and inserting `Director of National Intelligence' each place it appears in the following provisions:

(1) Section 201(d)(10).

(2) Section 201(d)(12)(B).

(3) Section 202(c).

(4) Section 202(d)(2).

(5) Section 601(c)(6).

(6) Section 601(e).

(7) Section 601(f).

(8) Section 892(b)(7).

(9) Section 1001(c)(1)(A).

(k) TITLE 18, UNITED STATES CODE- (1) Section 2517(8) of title 18, United States Code, as amended by section 896 of the Homeland Security Act of 2002 (Public Law 107-296), is further amended by striking `Director of Central Intelligence' and inserting `Director of National Intelligence'.

(2) Subsections (d)(7)(B)(iv) and (i)(5)(B)(iv) of such title, as amended by section 1123 of such Act, are further amended by striking `Director of Central Intelligence' and inserting `Director of National Intelligence, or the head of another element of the intelligence community'.

(l) TITLE 44, UNITED STATES CODE- Section 3535(g)(3) of title 44, United States Code, as added by section 1001 of the Federal Information Security Management Act of 2002 (title X of Public Law 107-296), is further amended by striking `Director of Central Intelligence' and inserting `Director of National Intelligence'.

(m) FEDERAL RULES OF CRIMINAL PROCEDURE- Paragraphs (2) and (3) of section 6(e) of the Federal Rules of Criminal Procedure, as amended by section 895 of the Homeland Security Act of 2002 (Public Law 107-296), are further amended by striking `Director of Central Intelligence' and inserting `Director of National Intelligence'.

END