National Security Act of 1947 PDF

(Public Law 235 of July 26, 1947; 61 STAT. 496) An Act To promote the national security by providing for a Secretary of Defense; for a National Military Establishment; for a Department of the Army, a Department of the Navy, and a Department of the Air Force; and for the coordination of the activiti...

(Public Law 235 of July 26, 1947; 61 STAT. 496) An Act To promote the national security by providing for a Secretary of Defense; for a National Military Establishment; for a Department of the Army, a Department of the Navy, and a Department of the Air Force; and for the coordination of the activities of the National Military Establishment with other departments and agencies of the Government concerned with the national security. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Short Title That this Act may be cited as the “National Security Act of 1947”. Table of Contents Sec. 2. Declaration of policy. Sec. 3. Definitions. Title I—Coordination for National Security Sec. 101. National Security Council. Sec. 101A. Joint Intelligence Community Council. Sec. 102. Director of National Intelligence. Sec. 102A. Responsibilities and authorities of the Director of National Intelligence. Sec. 103. Office of the Director of National Intelligence. Sec. 103A. Deputy Directors of National Intelligence. Sec. 103B. National Intelligence Council. Sec. 103C. General Counsel. Sec. 103D. Civil Liberties Protection Officer. Sec. 103E. Director of Science and Technology. Sec. 103F. National Counterintelligence Executive. Sec. 103G. Chief Information Officer. Sec. 103H. Inspector General of the Intelligence Community. Sec. 103I. Chief Financial Officer of the Intelligence Community. Sec. 104. Central Intelligence Agency. Sec. 104A. Director of the Central Intelligence Agency. Sec. 104B. Deputy Director of the Central Intelligence Agency. Sec. 105. Responsibilities of the Secretary of Defense pertaining to the National Intelligence Program. Sec. 105A. Assistance to United States law enforcement agencies. Sec. 105B. Disclosure of foreign intelligence acquired in criminal investigations; notice of criminal investigations of foreign intelligence sources. Sec. 106. Appointment of officials responsible for intelligence-related activities. Sec. 107. Emergency Preparedness. Sec. 108. Annual National Security Strategy Report. Sec. 109. [Repealed] Annual report on intelligence. Sec. 110. National mission of National Geospatial-Intelligence Agency. Sec. 112. Restrictions on intelligence sharing with the United Nations. Sec. 113. Detail of intelligence community personnel—intelligence community assignment program. Sec. 113A. Non-reimbursable detail of other personnel. Sec. 114. Additional annual reports from the Director of National Intelligence. Sec. 114A. [Repealed] Annual report on improvement of financial statements for auditing purposes. Sec. 115. Limitation on establishment or operation of diplomatic intelligence support centers. Sec. 116. Travel on any common carrier for certain intelligence collection personnel. Sec. 117. POW/MIA analytic capability. Sec. 118. Annual report on financial intelligence on terrorist assets. Sec. 119. National Counterterrorism Center. Sec. 119A. National Counter Proliferation Center. Sec. 119B. National intelligence centers. Title II—The Department of Defense Sec. 201. Department of Defense. Sec. 205. Department of the Army. Sec. 206. Department of the Navy. Sec. 207. Department of the Air Force. Title III—Miscellaneous Sec. 301. National Security Agency voluntary separation. Sec. 302. Authority of Federal Bureau of Investigation to award personal services contracts. Sec. 303. Advisory committees and personnel. Sec. 307. Authorization for appropriations. Sec. 308. Definitions. Sec. 309. Separabillity. Sec. 310. Effective date. Sec. 311. Succession to the Presidency. Sec. 411. Repealing and saving provisions. Title V—Accountability for Intelligence Activities Sec. 501. General congressional oversight provisions. Sec. 502. Reporting of intelligence activities other than covert actions. Sec. 503. Presidential approval and reporting of covert actions. Sec. 504. Funding of intelligence activities. Sec. 505. Notice to Congress of certain transfers of defense articles and defense services. Sec. 506. Specificity of National Intelligence Program budget amounts for counterterrorism, counterproliferation, counternarcotics, and counterintelligence. Sec. 506A. Budget treatment of costs of acquisition of major systems by the intelligence community. Sec. 506B. Annual personnel level assessments for the intelligence community. Sec. 506C. Vulnerability assessments of major systems.. Sec. 506D. Intelligence community business system transformation. Sec. 506E. Reports on the acquisition of major systems. Sec. 506F. Critical cost growth in major systems. Sec. 506G. Future budget projections. Sec. 506H. Reports on security clearances. Sec. 506I. Summary of intelligence relating to terrorist recidivism of detainees held at United States Naval Station, Guantanamo Bay, Cuba. Sec. 507. Dates for submittal of various annual and semiannual reports to the congressional intelligence committees. Sec. 508. Certification of compliance with oversight requirements. Title VI—Protection of Certain National Security Information Sec. 601. Protection of identities of certain United States undercover intelligence officers, agents, informants, and sources. Sec. 602. Defenses and exceptions. Sec. 604. Extraterritorial jurisdiction. Sec. 605. Providing information to Congress. Sec. 606. Definitions. Title VII—Protection of Operational Files Sec. 701. Operational files of the Central Intelligence Agency. Sec. 702. Operational files of the National Geospatial-Intelligence Agency. Sec. 703. Operational files of the National Reconnaissance Office. Sec. 704. Operational files of the National Security Agency. Sec. 705. Operational files of the Defense Intelligence Agency. Sec. 706. Protection of certain files of the Office of the Director of National Intelligence. Title VIII—Access to Classified Information Sec. 801. Procedures. Sec. 802. Requests by authorized investigative agencies. Sec. 803. Exceptions. Sec. 804. Definitions. Title IX—Application of Sanctions Laws to Intelligence Activities Sec. 901. Stay of sanctions. Sec. 902. Extension of stay. Sec. 903. Reports. Sec. 904. Laws subject to stay. Title X—Education in Support of National Intelligence Subtitle A—Science and Technology Sec. 1001. Scholarships and work-study for pursuit of graduate degrees in science and technology. Sec. 1002. Framework for cross-disciplinary education and training. Subtitle B—Foreign Languages Program Sec. 1011. Program on advancement of foreign languages critical to the intelligence community. Sec. 1012. Education partnerships. Sec. 1013. Voluntary services. Sec. 1014. Regulations. Sec. 1015. Definitions. Subtitle C—Additional Education Provisions Sec. 1021. Assignment of intelligence community personnel as language students. Sec. 1022. Program on recruitment and training. Sec. 1023. Educational scholarship program. Sec. 1024. Intelligence officer training program. Title XI—Other Provisions Sec. 1101. Applicability to United States intelligence activities of Federal laws implementing international treaties and agreements. Sec. 1102. Counterintelligence initiatives. Sec. 1103. Misuse of the Office of the Director of National Intelligence name, initials, or seal.. Declaration of Policy Sec. 2. [50 U.S.C. §401] In enacting this legislation, it is the intent of Congress to provide a comprehensive program for the future security of the United States; to provide for the establishment of integrated policies and procedures for the departments, agencies, and functions of the Government relating to the national security; to provide a Department of Defense, including the three military Departments of the Army, the Navy (including naval aviation and the United States Marine Corps), and the Air Force under the direction, authority, and control of the Secretary of Defense; to provide that each military department shall be separately organized under its own Secretary and shall function under the direction, authority, and control of the Secretary of Defense; to provide for their unified direction under civilian control of the Secretary of Defense but not to merge these departments or services; to provide for the establishment of unified or specified combatant commands, and a clear and direct line of command to such commands; to eliminate unnecessary duplication in the Department of Defense, and particularly in the field of research and engineering by vesting its overall direction and control in the Secretary of Defense; to provide more effective, efficient, and economical administration in the Department of Defense; to provide for the unified strategic direction of the combatant forces, for their operation under unified command, and for their integration into an efficient team of land, naval, and air forces but not to establish a single Chief of Staff over the armed forces nor an overall armed forces general staff. Definitions Sec. 3. [50 U.S.C. §401a] As used in this Act: (1) The term “intelligence” includes foreign intelligence and counterintelligence. (2) The term “foreign intelligence” means information relating to the capabilities, intentions, or activities of foreign governments or elements thereof, foreign organizations, or foreign persons, or international terrorist activities. (3) The term “counterintelligence” means information gathered and activities conducted to protect against espionage, other intelligence activities, sabotage, or assassinations conducted by or on behalf of foreign governments or elements thereof, foreign organizations, or foreign persons, or international terrorist activities. (4) The term “intelligence community” includes the following: (A) The Office of the Director of National Intelligence. (B) The Central Intelligence Agency. (C) The National Security Agency. (D) The Defense Intelligence Agency. (E) The National Geospatial-Intelligence Agency. (F) The National Reconnaissance Office. (G) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs. (H) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy. (I) The Bureau of Intelligence and Research of the Department of State. (J) The Office of Intelligence and Analysis of the Department of the Treasury. (K) The Office of Intelligence and Analysis of the Department of Homeland Security. (L) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community. (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. (6) The term “National Intelligence Program” refers to all programs, projects, and activities of the intelligence community, as well as any other programs of the intelligence community designated jointly by the Director of National Intelligence and the head of a United States department or agency or by the President. Such term does not include programs, projects, or activities of the military departments to acquire intelligence solely for the planning and conduct of tactical military operations by United States Armed Forces. (7) The term “congressional intelligence committees” means— (A) the Select Committee on Intelligence of the Senate; and (B) the Permanent Select Committee on Intelligence of the House of Representatives. TITLE I—COORDINATION FOR NATIONAL SECURITY National Security Council Sec. 101. [50 U.S.C. §402] (a) There is here established a council to be known as the National Security Council (thereinafter in this section referred to as the “Council”). The President of the United States shall preside over meetings of the Council: Provided, That in his absence he may designate a member of the Council to preside in his place. The function of the Council shall be to advise the President with respect to the integration of domestic, foreign, and military policies relating to the national security so as to enable the military services and the other departments and agencies of the Government to cooperate more effectively in matters involving the national security. The Council shall be composed of— (1) the President; (2) the Vice President; (3) the Secretary of State; (4) the Secretary of Defense; (5) the Secretary of Energy; (6) the Director for Mutual Security; (7) the Chairman of the National Security Resources Board; and (8) the Secretaries and Under Secretaries of other executive departments and of the military departments, the Chairman of the Munitions Board, and the Chairman of the Research and Development Board, when appointed by the President by and with the advice and consent of the Senate, to serve at his pleasure. (b) In addition to performing such other functions as the President may direct, for the purpose of more effectively coordinating the policies and functions of the departments and agencies of the Government relating to the national security, it shall, subject to the direction of the President, be the duty of the Council— (1) to assess and appraise the objectives, commitments, and risks of the United States in relation to our actual and potential military power, in the interest of national security, for the purpose of making recommendations to the President in connection therewith; and (2) to consider policies on matters of common interest to the departments and agencies of the Government concerned with the national security, and to make recommendations to the President in connection therewith. (c) The Council shall have a staff to be headed by a civilian executive secretary who shall be appointed by the President. The executive secretary, subject to the direction of the Council, is authorized, subject to the civil- service laws and the Classification Act of 1923, as amended, to appoint and fix the compensation of such personnel as may be necessary to perform such duties as may be prescribed by the Council in connection with the performance of its functions. (d) The Council shall, from time to time, make such recommendations, and such other reports to the President as it deems appropriate or as the President may require. (e) The Chairman (or in his absence the Vice Chairman) of the Joint Chiefs of Staff may, in his role as principal military adviser to the National Security Council and subject to the direction of the President, attend and participate in meetings of the National Security Council. (f) The Director of National Drug Control Policy may, in the role of the Director as principal adviser to the National Security Council on national drug control policy, and subject to the direction of the President, attend and participate in meetings of the National Security Council. (g) The President shall establish within the National Security Council a board to be known as the “Board for Low Intensity Conflict”. The principal function of the board shall be to coordinate the policies of the United States for low intensity conflict. (h)(1) There is established within the National Security Council a committee to be known as the Committee on Foreign Intelligence (in this subsection referred to as the “Committee”). (2) The Committee shall be composed of the following: (A) The Director of National Intelligence. (B) The Secretary of State. (C) The Secretary of Defense. (D) The Assistant to the President for National Security Affairs, who shall serve as the chairperson of the Committee. (E) Such other members as the President may designate. (3) The function of the Committee shall be to assist the Council in its activities by— (A) identifying the intelligence required to address the national security interests of the United States as specified by the President; (B) establishing priorities (including funding priorities) among the programs, projects, and activities that address such interests and requirements; and (C) establishing policies relating to the conduct of intelligence activities of the United States, including appropriate roles and missions for the elements of the intelligence community and appropriate targets of intelligence collection activities. (4) In carrying out its function, the Committee shall— (A) conduct an annual review of the national security interests of the United States; (B) identify on an annual basis, and at such other times as the Council may require, the intelligence required to meet such interests and establish an order of priority for the collection and analysis of such intelligence; and (C) conduct an annual review of the elements of the intelligence community in order to determine the success of such elements in collecting, analyzing, and disseminating the intelligence identified under subparagraph (B). (5) The Committee shall submit each year to the Council and to the Director of National Intelligence a comprehensive report on its activities during the preceding year, including its activities under paragraphs (3) and (4). (i)(1) There is established within the National Security Council a committee to be known as the Committee on Transnational Threats (in this subsection referred to as the “Committee”). (2) The Committee shall include the following members: (A) The Director of National Intelligence. (B) The Secretary of State. (C) The Secretary of Defense. (D) The Attorney General. (E) The Assistant to the President for National Security Affairs, who shall serve as the chairperson of the Committee. (F) Such other members as the President may designate. (3) The function of the Committee shall be to coordinate and direct the activities of the United States Government relating to combating transnational threats. (4) In carrying out its function, the Committee shall— (A) identify transnational threats; (B) develop strategies to enable the United States Government to respond to transnational threats identified under subparagraph (A); (C) monitor implementation of such strategies; (D) make recommendations as to appropriate responses to specific transnational threats; (E) assist in the resolution of operational and policy differences among Federal departments and agencies in their responses to transnational threats; (F) develop policies and procedures to ensure the effective sharing of information about transnational threats among Federal departments and agencies, including law enforcement agencies and the elements of the intelligence community; and (G) develop guidelines to enhance and improve the coordination of activities of Federal law enforcement agencies and elements of the intelligence community outside the United States with respect to transnational threats. (5) For purposes of this subsection, the term “transnational threat” means the following: (A) Any transnational activity (including international terrorism, narcotics trafficking, the proliferation of weapons of mass destruction and the delivery systems for such weapons, and organized crime) that threatens the national security of the United States. (B) Any individual or group that engages in an activity referred to in subparagraph (A). (j) The Director of National Intelligence (or, in the Director’s absence, the Principal Deputy Director of National Intelligence) may, in the performance of the Director’s duties under this Act and subject to the direction of the President, attend and participate in meetings of the National Security Council. (k) It is the sense of the Congress that there should be within the staff of the National Security Council a Special Adviser to the President on International Religious Freedom, whose position should be comparable to that of a director within the Executive Office of the President. The Special Adviser should serve as a resource for executive branch officials, compiling and maintaining information on the facts and circumstances of violations of religious freedom (as defined in section 3 of the International Religious Freedom Act of 1998), and making policy recommendations. The Special Adviser should serve as liaison with the Ambassador at Large for International Religious Freedom, the United States Commission on International Religious Freedom, Congress and, as advisable, religious nongovernmental organizations. (l) Participation of Coordinator for the Prevention of Weapons of Mass Destruction Proliferation and Terrorism.— The United States Coordinator for the Prevention of Weapons of Mass Destruction Proliferation and Terrorism (or, in the Coordinator’s absence, the Deputy United States Coordinator) may, in the performance of the Coordinator’s duty as principal advisor to the President on all matters relating to the prevention of weapons of mass destruction proliferation and terrorism, and, subject to the direction of the President, attend and participate in meetings of the National Security Council and the Homeland Security Council. Joint Intelligence Community Council Sec. 101A. [50 U.S.C. §402-1] (a) Joint Intelligence Community Council.—There is a Joint Intelligence Community Council. (b) Membership.—The Joint Intelligence Community Council shall consist of the following: (1) The Director of National Intelligence, who shall chair the Council. (2) The Secretary of State. (3) The Secretary of the Treasury. (4) The Secretary of Defense. (5) The Attorney General. (6) The Secretary of Energy. (7) The Secretary of Homeland Security. (8) Such other officers of the United States Government as the President may designate from time to time. (c) Functions.—The Joint Intelligence Community Council shall assist the Director of National Intelligence in developing and implementing a joint, unified national intelligence effort to protect national security by— (1) advising the Director on establishing requirements, developing budgets, financial management, and monitoring and evaluating the performance of the intelligence community, and on such other matters as the Director may request; and (2) ensuring the timely execution of programs, policies, and directives established or developed by the Director. (d) Meetings.—The Director of National Intelligence shall convene regular meetings of the Joint Intelligence Community Council. (e) Advice and Opinions of Members Other than Chairman.— (1) A member of the Joint Intelligence Community Council (other than the Chairman) may submit to the Chairman advice or an opinion in disagreement with, or advice or an opinion in addition to, the advice presented by the Director of National Intelligence to the President or the National Security Council, in the role of the Chairman as Chairman of the Joint Intelligence Community Council. If a member submits such advice or opinion, the Chairman shall present the advice or opinion of such member at the same time the Chairman presents the advice of the Chairman to the President or the National Security Council, as the case may be. (2) The Chairman shall establish procedures to ensure that the presentation of the advice of the Chairman to the President or the National Security Council is not unduly delayed by reason of the submission of the individual advice or opinion of another member of the Council. (f) Recommendations to Congress.—Any member of the Joint Intelligence Community Council may make such recommendations to Congress relating to the intelligence community as such member considers appropriate. Director of National Intelligence Sec. 102. [50 U.S.C. §403] (a) Director of National Intelligence.— (1) There is a Director of National Intelligence who shall be appointed by the President, by and with the advice and consent of the Senate. Any individual nominated for appointment as Director of National Intelligence shall have extensive national security expertise. (2) The Director of National Intelligence shall not be located within the Executive Office of the President. (b) Principal Responsibility.—Subject to the authority, direction, and control of the President, the Director of National Intelligence shall— (1) serve as head of the intelligence community; (2) act as the principal adviser to the President, to the National Security Council, and the Homeland Security Council for intelligence matters related to the national security; and (3) consistent with section 1018 of the National Security Intelligence Reform Act of 2004, oversee and direct the implementation of the National Intelligence Program. (c) Prohibition on Dual Service.—The individual serving in the position of Director of National Intelligence shall not, while so serving, also serve as the Director of the Central Intelligence Agency or as the head of any other element of the intelligence community. Responsibilities and Authorities of the Director of National Intelligence Sec. 102A. [50 U.S.C. §403-1] (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 budget for the Military Intelligence Program or any successor program or programs. (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 Military Intelligence Program or any successor program or programs.. (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— (A) to another such program;(B) to other departments or agencies of the United States Government for the development and fielding of systems of common concern related to the collection, processing, analysis, exploitation, and dissemination of intelligence information; or(C) to a program funded by appropriations not within the National Intelligence Program to address critical gaps in intelligence information sharing or access capabilities. (3) The Director of National Intelligence may only transfer or reprogram funds referred to in paragraph (1)(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 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 involved or the Director of the Central Intelligence Agency (in the case of the Central Intelligence Agency)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)(A) In addition to the number of full-time equivalent positions authorized for the Office of the Director of National Intelligence for a fiscal year, there is authorized for such Office for each fiscal year an additional 100 full-time equivalent positions that may be used only for the purposes described in subparagraph (B). (B) Except as provided in subparagraph (C), the Director of National Intelligence may use a full-time equivalent position authorized under subparagraph (A) only for the purpose of providing a temporary transfer of personnel made in accordance with paragraph (2) to an element of the intelligence community to enable such element to increase the total number of personnel authorized for such element, on a temporary basis— (i) during a period in which a permanent employee of such element is absent to participate in critical language training; or (ii) to accept a permanent employee of another element of the intelligence community to provide language- capable services. (C) Paragraph (2)(B) shall not apply with respect to a transfer of personnel made under subparagraph (B). (D) For each of the fiscal years 2010, 2011, and 2012, the Director of National Intelligence shall submit to the congressional intelligence committees an annual report on the use of authorities under this paragraph. Each such report shall include a description of— (i) the number of transfers of personnel made by the Director pursuant to subparagraph (B), disaggregated by each element of the intelligence community; (ii) the critical language needs that were fulfilled or partially fulfilled through the use of such transfers; and (iii) the cost to carry out subparagraph (B). (4) 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)(A) The Director of National Intelligence shall, if the Director determines it is necessary, or may, if requested by a congressional intelligence committee, conduct an accountability review of an element of the intelligence community or the personnel of such element in relation to a failure or deficiency within the intelligence community. (B)The Director of National Intelligence, in consultation with the Attorney General, shall establish guidelines and procedures for conducting an accountability review under subparagraph (A). (C)(i) The Director of National Intelligence shall provide the findings of an accountability review conducted under subparagraph (A) and the Director's recommendations for corrective or punitive action, if any, to the head of the applicable element of the intelligence community. Such recommendations may include a recommendation for dismissal of personnel. (ii)If the head of such element does not implement a recommendation made by the Director under clause (i), the head of such element shall submit to the congressional intelligence committees a notice of the determination not to implement the recommendation, including the reasons for the determination. (D) The requirements of this paragraph shall not be construed to limit any authority of the Director of National Intelligence under subsection (m) or with respect to supervision of the Central Intelligence Agency. (8) The Director of National Intelligence shall perform such other functions as the President may direct. (9) 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 paragraph. (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 and Other 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. (4)(A) In addition to the authority referred to in paragraph (1), the Director of National Intelligence may authorize the head of an element of the intelligence community to exercise an acquisition authority referred to in section 3 or 8(a) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403c and 403j(a)) for an acquisition by such element that is more than 50 percent funded under the National Intelligence Program. (B) The head of an element of the intelligence community may not exercise an authority referred to in subparagraph (A) until— (i) the head of such element (without delegation) submits to the Director of National Intelligence a written request that includes— (I) a description of such authority requested to be exercised; (II) an explanation of the need for such authority, including an explanation of the reasons that other authorities are insufficient; and (III) a certification that the mission of such element would be— (aa) impaired if such authority is not exercised; or (bb) significantly and measurably enhanced if such authority is exercised; and (ii) the Director of National Intelligence issues a written authorization that includes—  (I) a description of the authority referred to in subparagraph (A) that is authorized to be exercised; and (II) a justification to support the exercise of such authority. (C) A request and authorization to exercise an authority referred to in subparagraph (A) may be made with respect to an individual acquisition or with respect to a specific class of acquisitions described in the request and authorization referred to in subparagraph (B). (D)(i) A request from a head of an element of the intelligence community located within one of the departments described in clause (ii) to exercise an authority referred to in subparagraph (A) shall be submitted to the Director of National Intelligence in accordance with any procedures established by the head of such department. (ii) The departments described in this clause are the Department of Defense, the Department of Energy, the Department of Homeland Security, the Department of Justice, the Department of State, and the Department of the Treasury. (E)(i) The head of an element of the intelligence community may not be authorized to utilize an authority referred to in subparagraph (A) for a class of acquisitions for a period of more than 3 years, except that the Director of National Intelligence (without delegation) may authorize the use of such an authority for not more than 6 years. (ii) Each authorization to utilize an authority referred to in subparagraph (A) may be extended in accordance with the requirements of subparagraph (B) for successive periods of not more than 3 years, except that the Director of National Intelligence (without delegation) may authorize an extension period of not more than 6 years. (F) Subject to clauses (i) and (ii) of subparagraph (E), the Director of National Intelligence may only delegate the authority of the Director under subparagraphs (A) through (E) to the Principal Deputy Director of National Intelligence or a Deputy Director of National Intelligence. (G) The Director of National Intelligence shall submit— (i) to the congressional intelligence committees a notification of an authorization to exercise an authority referred to in subparagraph (A) or an extension of such authorization that includes the written authorization referred to in subparagraph (B)(ii); and (ii) to the Director of the Office of Management and Budget a notification of an authorization to exercise an authority referred to in subparagraph (A) for an acquisition or class of acquisitions that will exceed $50,000,000 annually. (H) Requests and authorizations to exercise an authority referred to in subparagraph (A) shall remain available within the Office of the Director of National Intelligence for a period of at least 6 years following the date of such request or authorization. (I) Nothing in this paragraph may be construed to alter or otherwise limit the authority of the Central Intelligence Agency to independently exercise an authority under section 3 or 8(a) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403c and 403j(a)). (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. (s) Pay Authority for Critical Positions.—(1) Notwithstanding any pay limitation established under any other provision of law applicable to employees in elements of the intelligence community, the Director of National Intelligence may, in coordination with the Director of the Office of Personnel Management and the Director of the Office of Management and Budget, grant authority to the head of a department or agency to fix the rate of basic pay for one or more positions within the intelligence community at a rate in excess of any applicable limitation, subject to the provisions of this subsection. The exercise of authority so granted is at the discretion of the head of the department or agency employing the individual in a position covered by such authority, subject to the provisions of this subsection and any conditions established by the Director of National Intelligence when granting such authority. (2) Authority under this subsection may be granted or exercised only – (A) with respect to a position that requires an extremely high level of expertise and is critical to successful accomplishment of an important mission; and (B) to the extent necessary to recruit or retain an individual exceptionally well qualified for the position. (3) The head of a department or agency may not fix a rate of basic pay under this subsection at a rate greater than the rate payable for level II of the Executive Schedule under section 5313 of title 5, United States Code, except upon written approval of the Director of National Intelligence or as otherwise authorized by law. (4) The head of a department or agency may not fix a rate of basic pay under this subsection at a rate greater than the rate payable for level I of the Executive Schedule under section 5312 of title 5, United States Code, except upon written approval of the President in response to a request by the Director of National Intelligence or as otherwise authorized by law. (5) Any grant of authority under this subsection for a position shall terminate at the discretion of the Director of National Intelligence. (6)(A) The Director of National Intelligence shall notify the congressional intelligence committees not later than 30 days after the date on which the Director grants authority to the head of a department or agency under this subsection. (B) The head of a department or agency to which the Director of National Intelligence grants authority under this subsection shall notify the congressional intelligence committees and the Director of the exercise of such authority not later than 30 days after the date on which such head exercises such authority. (t) Award of Rank to Members of the Senior National Intelligence Service. – (1) The President, based on the recommendation of the Director of National Intelligence, may award a rank to a member of the Senior National Intelligence Service or other intelligence community senior civilian officer not already covered by such a rank award program in the same manner in which a career appointee of an agency may be awarded a rank under section 4507 of title 5, United States Code. (2) The President may establish procedures to award a rank under paragraph (1) to a member of the Senior National Intelligence Service or a senior civilian officer of the intelligence community whose identity as such a member or officer is classified information (as defined in section 606(1)). (u) Conflict of Interest Regulations.—(1) The Director of National Intelligence, in consultation with the Director of the Office of Government Ethics, shall issue regulations prohibiting an officer or employee of an element of the intelligence community from engaging in outside employment if such employment creates a conflict of interest or appearance thereof. (2) The Director of National Intelligence shall annually submit to the congressional intelligence committees a report describing all outside employment for officers and employees of elements of the intelligence community that was authorized by the head of an element of the intelligence community during the preceding calendar year. Such report shall be submitted each year on the date provided in section 507. (v) AUTHORITY TO ESTABLISH POSITIONS IN EXCEPTED SERVICE.—(1) The Director of National Intelligence, with the concurrence of the head of the covered department concerned and in consultation with the Director of the Office of Personnel Management, may— (A) convert competitive service positions, and the incumbents of such positions, within an element of the intelligence community in such department, to excepted service positions as the Director of National Intelligence determines necessary to carry out the intelligence functions of such element; and (B) establish new positions in the excepted service within an element of the intelligence community in such department, if the Director of National Intelligence determines such positions are necessary to carry out the intelligence functions of such element. (2) An incumbent occupying a position on the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2012 selected to be converted to the excepted service under this section shall have the right to refuse such conversion. Once such individual no longer occupies the position, the position may be converted to the excepted service. (3) In this subsection, the term “covered department” means the Department of Energy, the Department of Homeland Security, the Department of State, or the Department of the Treasury. (w) NUCLEAR PROLIFERATION ASSESSMENT STATEMENTS INTELLIGENCE COMMUNITY ADDENDUM.— The Director of National Intelligence, in consultation with the heads of the appropriate elements of the intelligence community and the Secretary of State, shall provide to the President, the congressional intelligence committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate an addendum to each Nuclear Proliferation Assessment Statement accompanying a civilian nuclear cooperation agreement, containing a comprehensive analysis of the country’s export control system with respect to nuclear-related matters, including interactions with other countries of proliferation concern and the actual or suspected nuclear, dual-use, or missile-related transfers to such countries. Office of the Director of National Intelligence Sec. 103. [50 U.S.C. §403-3] (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 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) The Chief Information Officer of the Intelligence Community. (10) The Inspector General of the Intelligence Community. (11) The Director of the National Counterterrorism Center. (12) The Director of the National Counter Proliferation Center. (13) The Chief Financial Officer of the Intelligence Community. (14) 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) TEMPORARY FILLING OF VACANCIES.—With respect to filling temporarily a vacancy in an office within the Office of the Director of National Intelligence (other than that of the Director of National Intelligence), section 3345(a)(3) of title 5, United States Code, may be applied— (1) in the matter preceding subparagraph (A), by substituting ‘an element of the intelligence community, as that term is defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)),’ for ‘such Executive agency’; and (2) in subparagraph (A), by substituting ‘the intelligence community’ for ‘such agency’. (f) Location of the Office of the Director of National Intelligence.—The headquarters of the Office of the Director of National Intelligence may be located in the Washington metropolitan region, as that term is defined in section 8301 of title 40, United States Code. Deputy Directors of National Intelligence Sec. 103A. [50 U.S.C. §403-3a] (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. [50 U.S.C. §403-3b] (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) Services 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. [50 U.S.C. §403-3c] (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. [50 U.S.C. §403-3d] (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. [50 U.S.C. §403-3e] (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. [50 U.S.C. §403-3f] (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. Chief Information Officer Sec. 103G. [50 U.S.C. §403-3g] (a) Chief Information Officer.—To assist the Director of National Intelligence in carrying out the responsibilities of the Director under this Act and other applicable provisions of law, there shall be within the Office of the Director of National Intelligence a Chief Information Officer of the Intelligence Community who shall be appointed by the President. (b) Duties and Responsibilities.—Subject to the direction of the Director of National Intelligence, the Chief Information Officer of the Intelligence Community shall— (1) manage activities relating to the information technology infrastructure and enterprise architecture requirements of the intelligence community; (2) have procurement approval authority over all information technology items related to the enterprise architectures of all intelligence community components; (3) direct and manage all information technology-related procurement for the intelligence community; and (4) ensure that all expenditures for information technology and research and development activities are consistent with the intelligence community enterprise architecture and the strategy of the Director for such architecture. (c) Prohibition on Simultaneous Service as Other Chief Information Officer.—An individual serving in the position of Chief Information Officer of the Intelligence Community may not, while so serving, serve as the chief information officer of any other department or agency, or component thereof, of the United States Government. inspector general of the intelligence community Sec. 103H. [ 50 USC 403-3h.] (a) Office of Inspector General of the Intelligence Community.—There is within the Office of the Director of National Intelligence an Office of the Inspector General of the Intelligence Community. (b) Purpose.—The purpose of the Office of the Inspector General of the Intelligence Community is— (1) to create an objective and effective office, appropriately accountable to Congress, to initiate and conduct independent investigations, inspections, audits, and reviews on programs and activities within the responsibility and authority of the Director of National Intelligence; (2) to provide leadership and coordination and recommend policies for activities designed— (A) to promote economy, efficiency, and effectiveness in the administration and implementation of such programs and activities; and (B) to prevent and detect fraud and abuse in such programs and activities; (3) to provide a means for keeping the Director of National Intelligence fully and currently informed about— (A) problems and deficiencies relating to the administration of programs and activities within the responsibility and authority of the Director of National Intelligence; and (B) the necessity for, and the progress of, corrective actions; and (4) in the manner prescribed by this section, to ensure that the congressional intelligence committees are kept similarly informed of— (A) significant problems and deficiencies relating to programs and activities within the responsibility and authority of the Director of National Intelligence; and (B) the necessity for, and the progress of, corrective actions. (c) Inspector General of the Intelligence Community.— (1) There is an Inspector General of the Intelligence Community, who shall be the head of the Office of the Inspector General of the Intelligence Community, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) The nomination of an individual for appointment as Inspector General shall be made— (A) without regard to political affiliation; (B) on the basis of integrity, compliance with security standards of the intelligence community, and prior experience in the field of intelligence or national security; and (C) on the basis of demonstrated ability in accounting, financial analysis, law, management analysis, public administration, or investigations. (3) The Inspector General shall report directly to and be under the general supervision of the Director of National Intelligence. (4) The Inspector General may be removed from office only by the President. The President shall communicate in writing to the congressional intelligence committees the reasons for the removal not later than 30 days prior to the effective date of such removal. Nothing in this paragraph shall be construed to prohibit a personnel action otherwise authorized by law, other than transfer or removal. (d) Assistant Inspectors General.— Subject to the policies of the Director of National Intelligence, the Inspector General of the Intelligence Community shall— (1) appoint an Assistant Inspector General for Audit who shall have the responsibility for supervising the performance of auditing activities relating to programs and activities within the responsibility and authority of the Director; (2) appoint an Assistant Inspector General for Investigations who shall have the responsibility for supervising the performance of investigative activities relating to such programs and activities; and (3) appoint other Assistant Inspectors General that, in the judgment of the Inspector General, are necessary to carry out the duties of the Inspector General. (e) Duties and Responsibilities.—It shall be the duty and responsibility of the Inspector General of the Intelligence Community— (1) to provide policy direction for, and to plan, conduct, supervise, and coordinate independently, the investigations, inspections, audits, and reviews relating to programs and activities within the responsibility and authority of the Director of National Intelligence; (2) to keep the Director of National Intelligence fully and currently informed concerning violations of law and regulations, fraud, and other serious problems, abuses, and deficiencies relating to the programs and activities within the responsibility and authority of the Director, to recommend corrective action concerning such problems, and to report on the progress made in implementing such corrective action; (3) to take due regard for the protection of intelligence sources and methods in the preparation of all reports issued by the Inspector General, and, to the extent consistent with the purpose and objective of such reports, take such measures as may be appropriate to minimize the disclosure of intelligence sources and methods described in such reports; and (4) in the execution of the duties and responsibilities under this section, to comply with generally accepted government auditing. (f) Limitations on Activities.—(1) The Director of National Intelligence may prohibit the Inspector General of the Intelligence Community from initiating, carrying out, or completing any investigation, inspection, audit, or review if the Director determines that such prohibition is necessary to protect vital national security interests of the United States. (2) Not later than seven days after the date on which the Director exercises the authority under paragraph (1), the Director shall submit to the congressional intelligence committees an appropriately classified statement of the reasons for the exercise of such authority. (3) The Director shall advise the Inspector General at the time a statement under paragraph (2) is submitted, and, to the extent consistent with the protection of intelligence sources and methods, provide the Inspector General with a copy of such statement. (4) The Inspector General may submit to the congressional intelligence committees any comments on the statement of which the Inspector General has notice under paragraph (3) that the Inspector General considers appropriate. (g) Authorities.—(1) The Inspector General of the Intelligence Community shall have direct and prompt access to the Director of National Intelligence when necessary for any purpose pertaining to the performance of the duties of the Inspector General. (2)(A) The Inspector General shall, subject to the limitations in subsection (f), make such investigations and reports relating to the administration of the programs and activities within the authorities and responsibilities of the Director as are, in the judgment of the Inspector General, necessary or desirable. (B) The Inspector General shall have access to any employee, or any employee of a contractor, of any element of the intelligence community needed for the performance of the duties of the Inspector General. (C) The Inspector General shall have direct access to all records, reports, audits, reviews, documents, papers, r