50 USC 403-1(i): Intelligence Sources and Methods

          
Sec. 403-1. Responsibilities and authorities of the Director of 
        National Intelligence
        

(a) Provision of intelligence

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

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

(b) Access to intelligence

    Unless otherwise directed by the President, the Director of National 
Intelligence shall have access to all national intelligence and 
intelligence related to the national security which is collected by any 
Federal department, agency, or other entity, except as otherwise 
provided by law or, as appropriate, under guidelines agreed upon by the 
Attorney General and the Director of National Intelligence.

(c) Budget authorities

    (1) With respect to budget requests and appropriations for the 
National Intelligence Program, the Director of National Intelligence 
shall--
        (A) based on intelligence priorities set by the President, 
    provide to the heads of departments containing agencies or 
    organizations within the intelligence community, and to the heads of 
    such agencies and organizations, guidance for developing the 
    National Intelligence Program budget pertaining to such agencies and 
    organizations;
        (B) based on budget proposals provided to the Director of 
    National Intelligence by the heads of agencies and organizations 
    within the intelligence community and the heads of their respective 
    departments and, as appropriate, after obtaining the advice of the 
    Joint Intelligence Community Council, develop and determine an 
    annual consolidated National Intelligence Program budget; and
        (C) present such consolidated National Intelligence Program 
    budget, together with any comments from the heads of departments 
    containing agencies or organizations within the intelligence 
    community, to the President for approval.
    (2) In addition to the information provided under paragraph (1)(B), 
the heads of agencies and organizations within the intelligence 
community shall provide the Director of National Intelligence such other 
information as the Director shall request for the purpose of determining 
the annual consolidated National Intelligence Program budget under that 
paragraph.
    (3)(A) The Director of National Intelligence shall participate in 
the development by the Secretary of Defense of the annual budgets for 
the Joint Military Intelligence Program and for Tactical Intelligence 
and Related Activities.
    (B) The Director of National Intelligence shall provide guidance for 
the development of the annual budget for each element of the 
intelligence community that is not within the National Intelligence 
Program.
    (4) The Director of National Intelligence shall ensure the effective 
execution of the annual budget for intelligence and intelligence-related 
activities.
    (5)(A) The Director of National Intelligence shall be responsible 
for managing appropriations for the National Intelligence Program by 
directing the allotment or allocation of such appropriations through the 
heads of the departments containing agencies or organizations within the 
intelligence community and the Director of the Central Intelligence 
Agency, with prior notice (including the provision of appropriate 
supporting information) to the head of the department containing an 
agency or organization receiving any such allocation or allotment or the 
Director of the Central Intelligence Agency.
    (B) Notwithstanding any other provision of law, pursuant to relevant 
appropriations Acts for the National Intelligence Program, the Director 
of the Office of Management and Budget shall exercise the authority of 
the Director of the Office of Management and Budget to apportion funds, 
at the exclusive direction of the Director of National Intelligence, for 
allocation to the elements of the intelligence community through the 
relevant host executive departments and the Central Intelligence Agency. 
Department comptrollers or appropriate budget execution officers shall 
allot, allocate, reprogram, or transfer funds appropriated for the 
National Intelligence Program in an expeditious manner.
    (C) The Director of National Intelligence shall monitor the 
implementation and execution of the National Intelligence Program by the 
heads of the elements of the intelligence community that manage programs 
and activities that are part of the National Intelligence Program, which 
may include audits and evaluations.
    (6) Apportionment and allotment of funds under this subsection shall 
be subject to chapter 13 and section 1517 of title 31 and the 
Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 621 
et seq.).
    (7)(A) The Director of National Intelligence shall provide a semi-
annual report, beginning April 1, 2005, and ending April 1, 2007, to the 
President and the Congress regarding implementation of this section.
    (B) The Director of National Intelligence shall report to the 
President and the Congress not later than 15 days after learning of any 
instance in which a departmental comptroller acts in a manner 
inconsistent with the law (including permanent statutes, authorization 
Acts, and appropriations Acts), or the direction of the Director of 
National Intelligence, in carrying out the National Intelligence 
Program.

(d) Role of Director of National Intelligence in transfer and 
        reprogramming of funds

    (1)(A) No funds made available under the National Intelligence 
Program may be transferred or reprogrammed without the prior approval of 
the Director of National Intelligence, except in accordance with 
procedures prescribed by the Director of National Intelligence.
    (B) The Secretary of Defense shall consult with the Director of 
National Intelligence before transferring or reprogramming funds made 
available under the Joint Military Intelligence Program.
    (2) Subject to the succeeding provisions of this subsection, the 
Director of National Intelligence may transfer or reprogram funds 
appropriated for a program within the National Intelligence Program to 
another such program.
    (3) The Director of National Intelligence may only transfer or 
reprogram funds referred to in subparagraph (A)-- \1\
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    \1\ So in original. Probably should be ``paragraph (1)(A)--''.
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        (A) with the approval of the Director of the Office of 
    Management and Budget; and
        (B) after consultation with the heads of departments containing 
    agencies or organizations within the intelligence community to the 
    extent such agencies or organizations are affected, and, in the case 
    of the Central Intelligence Agency, after consultation with the 
    Director of the Central Intelligence Agency.

    (4) The amounts available for transfer or reprogramming in the 
National Intelligence Program in any given fiscal year, and the terms 
and conditions governing such transfers and reprogrammings, are subject 
to the provisions of annual appropriations Acts and this subsection.
    (5)(A) A transfer or reprogramming of funds or personnel may be made 
under this subsection only if--
        (i) the funds are being transferred to an activity that is a 
    higher priority intelligence activity;
        (ii) the transfer or reprogramming supports an emergent need, 
    improves program effectiveness, or increases efficiency;
        (iii) the transfer or reprogramming does not involve a transfer 
    or reprogramming of funds to a Reserve for Contingencies of the 
    Director of National Intelligence or the Reserve for Contingencies 
    of the Central Intelligence Agency;
        (iv) the transfer or reprogramming results in a cumulative 
    transfer or reprogramming of funds out of any department or agency, 
    as appropriate, funded in the National Intelligence Program in a 
    single fiscal year--
            (I) that is less than $150,000,000, and
            (II) that is less than 5 percent of amounts available to a 
        department or agency under the National Intelligence Program; 
        and

        (v) the transfer or reprogramming does not terminate an 
    acquisition program.
    (B) A transfer or reprogramming may be made without regard to a 
limitation set forth in clause (iv) or (v) of subparagraph (A) if the 
transfer has the concurrence of the head of the department involved or 
the Director of the Central Intelligence Agency (in the case of the 
Central Intelligence Agency). The authority to provide such concurrence 
may only be delegated by the head of the department or agency involved 
to the deputy of such officer.
    (6) Funds transferred or reprogrammed under this subsection shall 
remain available for the same period as the appropriations account to 
which transferred or reprogrammed.
    (7) Any transfer or reprogramming of funds under this subsection 
shall be carried out in accordance with existing procedures applicable 
to reprogramming notifications for the appropriate congressional 
committees. Any proposed transfer or reprogramming for which notice is 
given to the appropriate congressional committees shall be accompanied 
by a report explaining the nature of the proposed transfer or 
reprogramming and how it satisfies the requirements of this subsection. 
In addition, the congressional intelligence committees shall be promptly 
notified of any transfer or reprogramming of funds made pursuant to this 
subsection in any case in which the transfer or reprogramming would not 
have otherwise required reprogramming notification under procedures in 
effect as of December 17, 2004.

(e) Transfer of personnel

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

    (C) The Director shall include in any notice under subparagraph (B) 
an explanation of the nature of the transfer and how it satisfies the 
requirements of this subsection.
    (2)(A) The Director of National Intelligence, with the approval of 
the Director of the Office of Management and Budget and in accordance 
with procedures to be developed by the Director of National Intelligence 
and the heads of the departments and agencies concerned, may transfer 
personnel authorized for an element of the intelligence community to 
another such element for a period of not more than 2 years.
    (B) A transfer of personnel may be made under this paragraph only 
if--
        (i) the personnel are being transferred to an activity that is a 
    higher priority intelligence activity; and
        (ii) the transfer supports an emergent need, improves program 
    effectiveness, or increases efficiency.

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

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

(f) Tasking and other authorities

    (1)(A) The Director of National Intelligence shall--
        (i) establish objectives, priorities, and guidance for the 
    intelligence community to ensure timely and effective collection, 
    processing, analysis, and dissemination (including access by users 
    to collected data consistent with applicable law and, as 
    appropriate, the guidelines referred to in subsection (b) of this 
    section 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 121 and 482 of title 6.

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

    (B) Policies prescribed under subparagraph (A) shall not be 
inconsistent with the personnel policies otherwise applicable to members 
of the uniformed services.
    (4) The Director of National Intelligence shall ensure compliance 
with the Constitution and laws of the United States by the Central 
Intelligence Agency and shall ensure such compliance by other elements 
of the intelligence community through the host executive departments 
that manage the programs and activities that are part of the National 
Intelligence Program.
    (5) The Director of National Intelligence shall ensure the 
elimination of waste and unnecessary duplication within the intelligence 
community.
    (6) The Director of National Intelligence shall establish 
requirements and priorities for foreign intelligence information to be 
collected under the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.), and provide assistance to the Attorney General to 
ensure that information derived from electronic surveillance or physical 
searches under that Act is disseminated so it may be used efficiently 
and effectively for national intelligence purposes, except that the 
Director shall have no authority to direct or undertake electronic 
surveillance or physical search operations pursuant to that Act unless 
authorized by statute or Executive order.
    (7) The Director of National Intelligence shall perform such other 
functions as the President may direct.
    (8) Nothing in this subchapter 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 3927 of title 22, the Director of National Intelligence shall 
oversee the coordination of the relationships between elements of the 
intelligence community and the intelligence or security services of 
foreign governments or international organizations on all matters 
involving intelligence related to the national security or involving 
intelligence acquired through clandestine means.

(l) Enhanced personnel management

    (1)(A) The Director of National Intelligence shall, under 
regulations prescribed by the Director, provide incentives for personnel 
of elements of the intelligence community to serve--
        (i) on the staff of the Director of National Intelligence;
        (ii) on the staff of the national intelligence centers;
        (iii) on the staff of the National Counterterrorism Center; and
        (iv) in other positions in support of the intelligence community 
    management functions of the Director.

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

    (C) It is the sense of Congress that the mechanisms prescribed under 
this subsection should, to the extent practical, seek to duplicate for 
civilian personnel within the intelligence community the joint officer 
management policies established by chapter 38 of title 10 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) 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 and other 
provisions of that title.

(m) Additional authority with respect to personnel

    (1) In addition to the authorities under subsection (f)(3) of this 
section, 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 December 17, 2004, 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 [50 U.S.C. 403a et seq.], and other 
applicable provisions of law, as of December 17, 2004.

(n) Acquisition authorities

    (1) In carrying out the responsibilities and authorities under this 
section, the Director of National Intelligence may exercise the 
acquisition and appropriations authorities referred to in the Central 
Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) other than the 
authorities referred to in section 8(b) of that Act (50 U.S.C. 403j(b)).
    (2) For the purpose of the exercise of any authority referred to in 
paragraph (1), a reference to the head of an agency shall be deemed to 
be a reference to the Director of National Intelligence or the Principal 
Deputy Director of National Intelligence.
    (3)(A) Any determination or decision to be made under an authority 
referred to in paragraph (1) by the head of an agency may be made with 
respect to individual purchases and contracts or with respect to classes 
of purchases or contracts, and shall be final.
    (B) Except as provided in subparagraph (C), the Director of National 
Intelligence or the Principal Deputy Director of National Intelligence 
may, in such official's discretion, delegate to any officer or other 
official of the Office of the Director of National Intelligence any 
authority to make a determination or decision as the head of the agency 
under an authority referred to in paragraph (1).
    (C) The limitations and conditions set forth in section 3(d) of the 
Central Intelligence Agency Act of 1949 (50 U.S.C. 403c(d)) shall apply 
to the exercise by the Director of National Intelligence of an authority 
referred to in paragraph (1).
    (D) Each determination or decision required by an authority referred 
to in the second sentence of section 3(d) of the Central Intelligence 
Agency Act of 1949 [50 U.S.C. 403c(d)] shall be based upon written 
findings made by the official making such determination or decision, 
which findings shall be final and shall be available within the Office 
of the Director of National Intelligence for a period of at least six 
years following the date of such determination or decision.

(o) Consideration of views of elements of intelligence community

    In carrying out the duties and responsibilities under this section, 
the Director of National Intelligence shall take into account the views 
of a head of a department containing an element of the intelligence 
community and of the Director of the Central Intelligence Agency.

(p) Responsibility of Director of National Intelligence regarding 
        National Intelligence Program budget concerning the Department 
        of Defense

    Subject to the direction of the President, the Director of National 
Intelligence shall, after consultation with the Secretary of Defense, 
ensure that the National Intelligence Program budgets for the elements 
of the intelligence community that are within the Department of Defense 
are adequate to satisfy the national intelligence needs of the 
Department of Defense, including the needs of the Chairman of the Joint 
Chiefs of Staff and the commanders of the unified and specified 
commands, and wherever such
elements are performing Government-wide functions, the needs of other 
Federal departments and agencies.

(q) Acquisitions of major systems

    (1) For each intelligence program within the National Intelligence 
Program for the acquisition of a major system, the Director of National 
Intelligence shall--
        (A) require the development and implementation of a program 
    management plan that includes cost, schedule, and performance goals 
    and program milestone criteria, except that with respect to 
    Department of Defense programs the Director shall consult with the 
    Secretary of Defense;
        (B) serve as exclusive milestone decision authority, except that 
    with respect to Department of Defense programs the Director shall 
    serve as milestone decision authority jointly with the Secretary of 
    Defense or the designee of the Secretary; and
        (C) periodically--
            (i) review and assess the progress made toward the 
        achievement of the goals and milestones established in such 
        plan; and
            (ii) submit to Congress a report on the results of such 
        review and assessment.

    (2) If the Director of National Intelligence and the Secretary of 
Defense are unable to reach an agreement on a milestone decision under 
paragraph (1)(B), the President shall resolve the conflict.
    (3) Nothing in this subsection may be construed to limit the 
authority of the Director of National Intelligence to delegate to any 
other official any authority to perform the responsibilities of the 
Director under this subsection.
    (4) In this subsection:
        (A) The term ``intelligence program'', with respect to the 
    acquisition of a major system, means a program that--
            (i) is carried out to acquire such major system for an 
        element of the intelligence community; and
            (ii) is funded in whole out of amounts available for the 
        National Intelligence Program.

        (B) The term ``major system'' has the meaning given such term in 
    section 403(9) of title 41.

(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.

(July 26, 1947, ch. 343, title I, Sec. 102A, as added Pub. L. 108-458, 
title I, Sec. 1011(a), Dec. 17, 2004, 118 Stat. 3644.)

                       References in Text

    The Congressional Budget and Impoundment Control Act of 1974, 
referred to in subsec. (c)(6), is Pub. L. 93-344, July 12, 1974, 88 
Stat. 297, as amended. For complete classification of this Act to the 
Code, see Short Title note set out under section 621 of Title 2, The 
Congress, and Tables.
    The Foreign Intelligence Surveillance Act of 1978, referred to in 
subsec. (f)(6), (8), is Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783, as 
amended, which is classified principally to chapter 36 (Sec. 1801 et 
seq.) of this title. For complete classification of this Act to the 
Code, see Short Title note set out under section 1801 of this title and 
Tables.
    This subchapter, referred to in subsec. (f)(8), was in the original 
``this title'', meaning title I of act July 26, 1947, ch. 343, 61 Stat. 
496, as amended, which is classified generally to this subchapter. For 
complete classification of title I to the Code, see Tables.
    The Goldwater-Nichols Department of Defense Reorganization Act of 
1986, referred to in subsec. (l)(3)(C), is Pub. L. 99-433, Oct. 1, 1986, 
100 Stat. 992, as amended. For complete classification of this Act to 
the Code, see Short Title of 1986 Amendment note set out under section 
111 of Title 10, Armed Forces, and Tables.
    The Central Intelligence Agency Act of 1949, referred to in subsecs. 
(m) and (n)(1), is act June 20, 1949, ch. 227, 63 Stat. 208, as amended, 
which is classified generally to section 403a et seq. of this title. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 403a of this title and Tables.
                            Prior Provisions

    A prior section 403-1, act July 26, 1947, ch. 343, title I, 
Sec. 102A, as added Pub. L. 104-293, title VIII, Sec. 805(b), Oct. 11, 
1996, 110 Stat. 3479, provided there is a Central Intelligence Agency 
and described its function prior to repeal by Pub. L. 108-458, title I, 
Secs. 1011(a), 1097(a), Dec. 17, 2004, 118 Stat. 3643, 3698, 
effective not later than six months after Dec. 17, 2004, except as 
otherwise expressly provided. See section 403-4 of this title.
    Another prior section 403-1, act July 26, 1947, ch. 343, title I, 
Sec. 102a, as added Dec. 9, 1983, Pub. L. 98-215, title IV, Sec. 403, 97 
Stat. 1477, related to appointment of Director of the Intelligence 
Community Staff prior to repeal by Pub. L. 102-496, title VII, 
Sec. 705(a)(1), Oct. 24, 1992, 106 Stat. 3190.
                             Effective Date

    For Determination by President that section take effect on Apr. 21, 
2005, see Memorandum of President of the United States, Apr. 21, 2005, 
70 F.R. 23925, set out as a note under section 401 of this title.
    Section effective not later than six months after Dec. 17, 2004, 
except as otherwise expressly provided, see section 1097(a) of Pub. L. 
108-458, set out in an Effective Date of 2004 Amendment; Transition 
Provisions note under section 401 of this title.
  Joint Procedures for Operational Coordination Between Department of 
                 Defense and Central Intelligence Agency

    Pub. L. 108-458, title I, Sec. 1013, Dec. 17, 2004, 118 Stat. 3662, 
provided that:
    ``(a) Development of Procedures.--The Director of National 
Intelligence, in consultation with the Secretary of Defense and the 
Director of the Central Intelligence Agency, shall develop joint 
procedures to be used by the Department of Defense and the Central 
Intelligence Agency to improve the coordination and deconfliction of 
operations that involve elements of both the Armed Forces and the 
Central Intelligence Agency consistent with national security and the 
protection of human intelligence sources and methods. Those procedures 
shall, at a minimum, provide the following:
        ``(1) Methods by which the Director of the Central Intelligence 
    Agency and the Secretary of Defense can improve communication and 
    coordination in the planning, execution, and sustainment of 
    operations, including, as a minimum--
            ``(A) information exchange between senior officials of the 
        Central Intelligence Agency and senior
        officers and officials of the Department of Defense when 
        planning for such an operation commences by either organization; 
        and
            ``(B) exchange of information between the Secretary and the 
        Director of the Central Intelligence Agency to ensure that 
        senior operational officials in both the Department of Defense 
        and the Central Intelligence Agency have knowledge of the 
        existence of the ongoing operations of the other.
        ``(2) When appropriate, in cases where the Department of Defense 
    and the Central Intelligence Agency are conducting separate missions 
    in the same geographical area, a mutual agreement on the tactical 
    and strategic objectives for the region and a clear delineation of 
    operational responsibilities to prevent conflict and duplication of 
    effort.
    ``(b) Implementation Report.--Not later than 180 days after the date 
of the enactment of the Act [Dec. 17, 2004], the Director of National 
Intelligence shall submit to the congressional defense committees (as 
defined in section 101 of title 10, United States Code) and the 
congressional intelligence committees (as defined in section 3(7) of the 
National Security Act of 1947 (50 U.S.C. 401a(7))) a report describing 
the procedures established pursuant to subsection (a) and the status of 
the implementation of those procedures.''
   Alternative Analysis of Intelligence by the Intelligence Community

    Pub. L. 108-458, title I, Sec. 1017, Dec. 17, 2004, 118 Stat. 3670, 
provided that:
    ``(a) In General.--Not later than 180 days after the effective date 
of this Act [probably means the effective date of title I of Pub. L. 
108-458, see Effective Date of 2004 Amendment; Transition Provisions 
note set out under section 401 of this title], the Director of National 
Intelligence shall establish a process and assign an individual or 
entity the responsibility for ensuring that, as appropriate, elements of 
the intelligence community conduct alternative analysis (commonly 
referred to as `red-team analysis') of the information and conclusions 
in intelligence products.
    ``(b) Report.--Not later than 270 days after the effective date of 
this Act, the Director of National Intelligence shall provide a report 
to the Select Committee on Intelligence of the Senate and the Permanent 
Select Committee of the House of Representatives on the implementation 
of subsection (a).''
 Requirement for Efficient Use by Intelligence Community of Open-Source 
                              Intelligence

    Pub. L. 108-458, title I, Sec. 1052(b), Dec. 17, 2004, 118 Stat. 
3683, provided that: ``The Director of National Intelligence shall 
ensure that the intelligence community makes efficient and effective use 
of open-source information and analysis.''
          Enhancing Classified Counterterrorist Travel Efforts

    Pub. L. 108-458, title VII, Sec. 7201(e), Dec. 17, 2004, 118 Stat. 
3813, provided that:
    ``(1) In general.--The Director of National Intelligence shall 
significantly increase resources and personnel to the small classified 
program that collects and analyzes intelligence on terrorist travel.
    ``(2) Authorization of appropriations.--There are authorized to be 
appropriated for each of the fiscal years 2005 through 2009 such sums as 
may be necessary to carry out this subsection.''
  Intelligence Community Use of National Infrastructure Simulation and 
                             Analysis Center

    Pub. L. 108-458, title VIII, Sec. 8101, Dec. 17, 2004, 118 Stat. 
3864, provided that:
    ``(a) In General.--The Director of National Intelligence shall 
establish a formal relationship, including information sharing, between 
the elements of the intelligence community and the National 
Infrastructure Simulation and Analysis Center.
    ``(b) Purpose.--The purpose of the relationship under subsection (a) 
shall be to permit the intelligence community to take full advantage of 
the capabilities of the National Infrastructure Simulation and Analysis 
Center, particularly vulnerability and consequence analysis, for real 
time response to reported threats and long term planning for projected 
threats.''
     Pilot Program on Analysis of Signals and Other Intelligence by 
 Intelligence Analysts of Various Elements of the Intelligence Community

    Pub. L. 108-177, title III, Sec. 317, Dec. 13, 2003, 117 Stat. 2611, 
as amended by Pub. L. 108-458, title I, Secs. 1071(g)(3)(A)(i), 
(ii), 1072(d)(2)(A), Dec. 17, 2004, 118 Stat. 3692, 3693, provided that:
    ``(a) In General.--The Director of National Intelligence shall, in 
coordination with the Secretary of Defense, carry out a pilot program to 
assess the feasibility and advisability of permitting intelligence 
analysts of various elements of the intelligence community to access and 
analyze intelligence from the databases of other elements of the 
intelligence community in order to achieve the objectives set forth in 
subsection (c).
    ``(b) Covered Intelligence.--The intelligence to be analyzed under 
the pilot program under subsection (a) shall include the following:
        ``(1) Signals intelligence of the National Security Agency.
        ``(2) Such intelligence of other elements of the intelligence 
    community as the Director shall select for purposes of the pilot 
    program.
    ``(c) Objectives.--The objectives set forth in this subsection are 
as follows:
        ``(1) To enhance the capacity of the intelligence community to 
    undertake `all source fusion' analysis in support of the 
    intelligence and intelligence-related missions of the intelligence 
    community.
        ``(2) To reduce, to the extent possible, the amount of 
    intelligence collected by the intelligence community that is not 
    assessed, or reviewed, by intelligence analysts.
        ``(3) To reduce the burdens imposed on analytical personnel of 
    the elements of the intelligence community by current practices 
    regarding the sharing of intelligence among elements of the 
    intelligence community.
    ``(d) Commencement.--The Director shall commence the pilot program 
under subsection (a) not later than December 31, 2003.
    ``(e) Various Mechanisms Required.--In carrying out the pilot 
program under subsection (a), the Director shall develop and utilize 
various mechanisms to facilitate the access to, and the analysis of, 
intelligence in the databases of the intelligence community by 
intelligence analysts of other elements of the intelligence community, 
including the use of so-called `detailees in place'.
    ``(f) Security.--(1) In carrying out the pilot program under 
subsection (a), the Director shall take appropriate actions to protect 
against the disclosure and unauthorized use of intelligence in the 
databases of the elements of the intelligence community which may 
endanger sources and methods which (as determined by the Director) 
warrant protection.
    ``(2) The actions taken under paragraph (1) shall include the 
provision of training on the accessing and handling of information in 
the databases of various elements of the intelligence community and the 
establishment of limitations on access to information in such databases 
regarding United States persons.
    ``(g) Assessment.--Not later than February 1, 2004, after the 
commencement under subsection (d) of the pilot program under subsection 
(a), the Under Secretary of Defense for Intelligence and the Deputy 
Director of National Intelligence shall jointly carry out an assessment 
of the progress of the pilot program in meeting the objectives set forth 
in subsection (c).
    ``(h) Report.--(1) The Director of National Intelligence shall, in 
coordination with the Secretary of Defense, submit to the appropriate 
committees of Con
gress a report on the assessment carried out under subsection (g).
    ``(2) The report shall include--
        ``(A) a description of the pilot program under subsection (a);
        ``(B) the findings of the Under Secretary and Assistant Director 
    [Deputy Director of National Intelligence] as a result of the 
    assessment;
        ``(C) any recommendations regarding the pilot program that the 
    Under Secretary and the Deputy Director of National Intelligence 
    jointly consider appropriate in light of the assessment; and
        ``(D) any recommendations that the Director and Secretary 
    consider appropriate for purposes of the report.
    ``(i) Appropriate Committees of Congress Defined.--In this section, 
the term `appropriate committees of Congress' means--
        ``(1) the Select Committee on Intelligence, the Committee on 
    Armed Services, and the Committee on Appropriations of the Senate; 
    and
        ``(2) the Permanent Select Committee on Intelligence, the 
    Committee on Armed Services, and the Committee on Appropriations of 
    the House of Representatives.''
      Standardized Transliteration of Names Into the Roman Alphabet

    Pub. L. 107-306, title III, Sec. 352, Nov. 27, 2002, 116 Stat. 2401, 
as amended by Pub. L. 108-458, title I, Sec. 1071(g)(2)(D), Dec. 17, 
2004, 118 Stat. 3691, provided that:
    ``(a) Method of Transliteration Required.--Not later than 180 days 
after the date of the enactment of this Act [Nov. 27, 2002], the 
Director of Central Intelligence shall provide for a standardized method 
for transliterating into the Roman alphabet personal and place names 
originally rendered in any language that uses an alphabet other than the 
Roman alphabet.
    ``(b) Use by Intelligence Community.--The Director of National 
Intelligence shall ensure the use of the method established under 
subsection (a) in--
        ``(1) all communications among the elements of the intelligence 
    community; and
        ``(2) all intelligence products of the intelligence community.''
   Standards for Spelling of Foreign Names and Places and for Use of 
                         Geographic Coordinates

    Pub. L. 105-107, title III, Sec. 309, Nov. 20, 1997, 111 Stat. 2253, 
provided that:
    ``(a) Survey of Current Standards.--
        ``(1) Survey.--The Director of Central Intelligence shall carry 
    out a survey of current standards for the spelling of foreign names 
    and places, and the use of geographic coordinates for such places, 
    among the elements of the intelligence community.
        ``(2) Report.--Not later than 90 days after the date of 
    enactment of this Act [Nov. 20, 1997], the Director shall submit to 
    the congressional intelligence committees a report on the survey 
    carried out under paragraph (1). The report shall be submitted in 
    unclassified form, but may include a classified annex.
    ``(b) Guidelines.--
        ``(1) Issuance.--Not later than 180 days after the date of 
    enactment of this Act, the Director shall issue guidelines to ensure 
    the use of uniform spelling of foreign names and places and the 
    uniform use of geographic coordinates for such places. The 
    guidelines shall apply to all intelligence reports, intelligence 
    products, and intelligence databases prepared and utilized by the 
    elements of the intelligence community.
        ``(2) Basis.--The guidelines under paragraph (1) shall, to the 
    maximum extent practicable, be based on current United States 
    Government standards for the transliteration of foreign names, 
    standards for foreign place names developed by the Board on 
    Geographic Names, and a standard set of geographic coordinates.
        ``(3) Submittal to congress.--The Director shall submit a copy 
    of the guidelines to the congressional intelligence committees.
    ``(c) Congressional Intelligence Committees Defined.--In this 
section, the term `congressional intelligence committees' means the 
following:
        ``(1) The Select Committee on Intelligence of the Senate.
        ``(2) The Permanent Select Committee on Intelligence of the 
    House of Representatives.''
    [Reference to the Director of Central Intelligence or the Director 
of the Central Intelligence Agency in the Director's capacity as the 
head of the intelligence community deemed to be a reference to the 
Director of National Intelligence. Reference to the Director of Central 
Intelligence or the Director of the Central Intelligence Agency in the 
Director's capacity as the head of the Central Intelligence Agency 
deemed to be a reference to the Director of the Central Intelligence 
Agency. See section 1081(a), (b) of Pub. L. 108-458, set out as a note 
under section 401 of this title.]
                    Periodic Reports on Expenditures

    Pub. L. 104-293, Sec. 807(c), Oct. 11, 1996, 110 Stat. 3480, 
provided that: ``Not later than January 1, 1997, the Director of Central 
Intelligence and the Secretary of Defense shall prescribe guidelines to 
ensure prompt reporting to the Director and the Secretary on a periodic 
basis of budget execution data for all national, defense-wide, and 
tactical intelligence activities.''
    [Reference to the Director of Central Intelligence or the Director 
of the Central Intelligence Agency in the Director's capacity as the 
head of the intelligence community deemed to be a reference to the 
Director of National Intelligence. Reference to the Director of Central 
Intelligence or the Director of the Central Intelligence Agency in the 
Director's capacity as the head of the Central Intelligence Agency 
deemed to be a reference to the Director of the Central Intelligence 
Agency. See section 1081(a), (b) of Pub. L. 108-458, set out as a note 
under section 401 of this title.]
                        Database Program Tracking

    Pub. L. 104-293, title VIII, Sec. 807(d), Oct. 11, 1996, 110 Stat. 
3481, provided that: ``Not later than January 1, 1999, the Director of 
Central Intelligence and the Secretary of Defense shall develop and 
implement a database to provide timely and accurate information on the 
amounts, purposes, and status of the resources, including periodic 
budget execution updates, for all national, defense-wide, and tactical 
intelligence activities.''
    [Reference to the Director of Central Intelligence or the Director 
of the Central Intelligence Agency in the Director's capacity as the 
head of the intelligence community deemed to be a reference to the 
Director of National Intelligence. Reference to the Director of Central 
Intelligence or the Director of the Central Intelligence Agency in the 
Director's capacity as the head of the Central Intelligence Agency 
deemed to be a reference to the Director of the Central Intelligence 
Agency. See section 1081(a), (b) of Pub. L. 108-458, set out as a note 
under section 401 of this title.]
  Identification of Constituent Components of Base Intelligence Budget

    Pub. L. 103-359, title VI, Sec. 603, Oct. 14, 1994, 108 Stat. 3433, 
provided that: ``The Director of Central Intelligence shall include the 
same level of budgetary detail for the Base Budget that is provided for 
Ongoing Initiatives and New Initiatives to the Permanent Select 
Committee on Intelligence of the House of Representatives and the Select 
Committee on Intelligence of the Senate in the congressional 
justification materials for the annual submission of the National 
Foreign Intelligence Program of each fiscal year.''
    [Reference to the Director of Central Intelligence or the Director 
of the Central Intelligence Agency in the Director's capacity as the 
head of the intelligence community deemed to be a reference to the 
Director of Na
tional Intelligence. Reference to the Director of Central Intelligence 
or the Director of the Central Intelligence Agency in the Director's 
capacity as the head of the Central Intelligence Agency deemed to be a 
reference to the Director of the Central Intelligence Agency. See 
section 1081(a), (b) of Pub. L. 108-458, set out as a note under section 
401 of this title.]