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108th CONGRESS
1st Session
S. 190
To establish the Director of National Intelligence as head of the
intelligence community, to modify and enhance authorities and
responsibilities relating to the administration of intelligence and the
intelligence community, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 16, 2003
Mrs. Feinstein introduced the following bill; which was read twice and
referred to the Select Committee on Intelligence
_______________________________________________________________________
A BILL
To establish the Director of National Intelligence as head of the
intelligence community, to modify and enhance authorities and
responsibilities relating to the administration of intelligence and the
intelligence community, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intelligence Community Leadership
Act of 2003''.
SEC. 2. REORGANIZATION AND IMPROVEMENT OF MANAGEMENT OF INTELLIGENCE
COMMUNITY.
(a) In General.--Title I of the National Security Act of 1947 (50
U.S.C. 402 et seq.) is amended by striking sections 102 through 104 and
inserting the following new sections:
``office of the director of national intelligence
``Sec. 102. (a) Office of Director of National Intelligence.--(1)
There is an Office of the Director of National Intelligence. The
function of the Office is to assist the Director of National
Intelligence in carrying out the duties and responsibilities of the
Director under this Act and to carry out such other duties as may be
prescribed by law.
``(2) The Office of the Director of National Intelligence is
composed of the following:
``(A) The Director of National Intelligence.
``(B) The Deputy Director of National Intelligence.
``(C) The Deputy Director of National Intelligence for
Community Management.
``(D) The National Intelligence Council.
``(E) The Assistant Director of National Intelligence for
Collection.
``(F) The Assistant Director of National Intelligence for
Analysis and Production.
``(G) The Assistant Director of National Intelligence for
Administration.
``(H) The General Counsel to the Director of National
Intelligence.
``(I) The Inspector General of the Intelligence Community.
``(J) The Office of the National Counterintelligence
Executive.
``(K) Such other offices and officials as may be
established by law or the Director of National Intelligence may
establish or designate in the Office.
``(3) To assist the Director in fulfilling the responsibilities of
the Director as head of the intelligence community, the Director shall
employ and utilize in the Office of the Director of National
Intelligence a professional staff having an expertise in matters
relating to such responsibilities, and may establish permanent
positions and appropriate rates of pay with respect to that staff.
``(b) Director of National Intelligence.--(1) There is a Director
of National Intelligence who shall be appointed by the President, by
and with the advice and consent of the Senate.
``(2) Any individual nominated for appointment as Director of
National Intelligence shall have extensive national security expertise.
``(3) The Director of National Intelligence shall--
``(A) serve as head of the United States intelligence
community; and
``(B) act as the principal adviser to the President for
intelligence matters related to the national security.
``(c) Deputy Director of National Intelligence.--(1) There is a
Deputy Director of National Intelligence who shall be appointed by the
President, by and with the advice and consent of the Senate.
``(2) Any individual nominated for appointment as Deputy Director
of National Intelligence shall have extensive national security
expertise.
``(3) The Deputy Director of National Intelligence shall assist the
Director of National Intelligence in carrying out the Director's
responsibilities under this Act.
``(4) The Deputy Director of National Intelligence shall act for,
and exercise the powers of, the Director of National Intelligence
during the Director's absence or disability or during a vacancy in the
position of the Director of National Intelligence.
``(5) The Deputy Director of National Intelligence takes precedence
in the Office of the Director of National Intelligence immediately
after the Director of National Intelligence.
``(d) Deputy Director of National Intelligence for Community
Management.--(1) There is a Deputy Director of National Intelligence
for Community Management who shall be appointed by the President, by
and with the advice and consent of the Senate.
``(2) Any individual nominated for appointment as Deputy Director
of National Intelligence for Community Management shall have extensive
national security expertise.
``(3) The Deputy Director of National Intelligence for Community
Management shall, subject to the direction of the Director of National
Intelligence, be responsible for the following:
``(A) Directing the operations of the Community Management
Staff.
``(B) Through the Assistant Director of National
Intelligence for Collection, ensuring the efficient and
effective collection of national intelligence using technical
means and human sources.
``(C) Through the Assistant Director of National
Intelligence for Analysis and Production, conducting oversight
of the analysis and production of intelligence by elements of
the intelligence community.
``(D) Through the Assistant Director of National
Intelligence for Administration, performing community-wide
management functions of the intelligence community, including
the management of personnel and resources.
``(4) The Deputy Director of National Intelligence for Community
Management takes precedence in the Office of the Director of National
Intelligence immediately after the Deputy Director of National
Intelligence.
``(e) Military Status of Director and Deputy Directors.--(1) Not
more than one of the individuals serving in the positions specified in
paragraph (2) may be a commissioned officer of the Armed Forces,
whether in active or retired status.
``(2) The positions referred to in this paragraph are the
following:
``(A) The Director of National Intelligence.
``(B) The Deputy Director of National Intelligence.
``(C) The Deputy Director of National Intelligence for
Community Management.
``(3) It is the sense of Congress that, under ordinary
circumstances, it is desirable that one of the individuals serving in
the positions specified in paragraph (2)--
``(A) be a commissioned officer of the Armed Forces,
whether in active or retired status; or
``(B) have, by training or experience, an appreciation of
military intelligence activities and requirements.
``(4) A commissioned officer of the Armed Forces, while serving in
a position specified in paragraph (2)--
``(A) shall not be subject to supervision or control by the
Secretary of Defense or by any officer or employee of the
Department of Defense;
``(B) shall not exercise, by reason of the officer's status
as a commissioned officer, any supervision or control with
respect to any of the military or civilian personnel of the
Department of Defense except as otherwise authorized by law;
and
``(C) shall not be counted against the numbers and
percentages of commissioned officers of the rank and grade of
such officer authorized for the military department of that
officer.
``(5) Except as provided in subparagraph (A) or (B) of paragraph
(4), the appointment of an officer of the Armed Forces to a position
specified in paragraph (2) shall not affect the status, position, rank,
or grade of such officer in the Armed Forces, or any emolument,
perquisite, right, privilege, or benefit incident to or arising out of
such status, position, rank, or grade.
``(6) A commissioned officer of the Armed Forces on active duty who
is appointed to a position specified in paragraph (2), while serving in
such position and while remaining on active duty, shall continue to
receive military pay and allowances and shall not receive the pay
prescribed for such position. Funds from which such pay and allowances
are paid shall be reimbursed from funds available to the Director of
National Intelligence.
``(f) National Intelligence Council.--(1) There is a National
Intelligence Council.
``(2)(A) The Council shall be composed of senior analysts within
the intelligence community and substantive experts from the public and
private sector, who shall be appointed by, report to, and serve at the
pleasure of the Director of National Intelligence.
``(B) The Director shall prescribe appropriate security
requirements for personnel appointed from the private sector as a
condition of service on the Council, or as contractors of the Council
or employees of such contractors, to ensure the protection of
intelligence sources and methods while avoiding, wherever possible,
unduly intrusive requirements which the Director considers to be
unnecessary for this purpose.
``(3) The Council shall--
``(A) produce national intelligence estimates for the
Government, including, whenever the Council considers
appropriate, alternative views held by elements of the
intelligence community;
``(B) evaluate community-wide collection and production of
intelligence by the intelligence community and the requirements
and resources of such collection and production; and
``(C) otherwise assist the Director in carrying out the
responsibilities described in section 103(a).
``(4) Within their respective areas of expertise and under the
direction of the Director, the members of the Council shall constitute
the senior intelligence advisers of the intelligence community for
purposes of representing the views of the intelligence community within
the Government.
``(5) Subject to the direction and control of the Director, the
Council may carry out its responsibilities under this subsection by
contract, including contracts for substantive experts necessary to
assist the Council with particular assessments under this subsection.
``(6) The Director shall make available to the Council such staff
as may be necessary to permit the Council to carry out its
responsibilities under this subsection, and shall take appropriate
measures to ensure that the Council and its staff satisfy the needs of
policymaking officials and other consumers of intelligence.
``(7) The Council shall be readily accessible to policymaking
officials and other appropriate individuals not otherwise associated
with the intelligence community.
``(8) The heads of elements within the intelligence community
shall, as appropriate, furnish such support to the Council, including
the preparation of intelligence analyses, as may be required by the
Director.
``(g) Assistant Director of National Intelligence for Collection.--
(1) There is an Assistant Director of National Intelligence for
Collection who shall be appointed by the President, by and with the
advice and consent of the Senate.
``(2) The Assistant Director for Collection shall assist the
Director of National Intelligence in carrying out the Director's
collection responsibilities in order to ensure the efficient and
effective collection of national intelligence.
``(h) Assistant Director of National Intelligence for Analysis and
Production.--(1) There is an Assistant Director of National
Intelligence for Analysis and Production who shall be appointed by the
President, by and with the advice and consent of the Senate.
``(2) The Assistant Director for Analysis and Production shall--
``(A) oversee the analysis and production of intelligence
by the elements of the intelligence community;
``(B) establish standards and priorities relating to the
analysis and production of intelligence by such elements;
``(C) monitor the allocation of resources for the analysis
and production of intelligence in order to identify unnecessary
duplication in the analysis and production of intelligence;
``(D) direct competitive analysis of analytical products
having National importance;
``(E) identify intelligence to be collected for purposes of
the Assistant Director of National Intelligence for Collection;
and
``(F) provide such additional analysis and production of
intelligence as the President and the National Security Council
may require.
``(i) Assistant Director of National Intelligence for
Administration.--(1) There is an Assistant Director of National
Intelligence for Administration who shall be appointed by the
President, by and with the advice and consent of the Senate.
``(2) The Assistant Director for Administration shall manage such
activities relating to the administration of the intelligence community
as the Director of National Intelligence shall require.
``(j) General Counsel to Director of National Intelligence.--(1)
There is a General Counsel to the Director of National Intelligence who
shall be appointed from civilian life by the President, by and with the
advice and consent of the Senate.
``(2) The individual serving in the position of General Counsel to
the Director of National Intelligence may not, while so serving, also
serve as the General Counsel of the Central Intelligence Agency.
``(3) The General Counsel to the Director of National Intelligence
is the chief legal officer for the Director of National Intelligence.
``(4) The General Counsel to the Director of National Intelligence
shall perform such functions as the Director of National Intelligence
may prescribe.
``(k) Inspector General of Intelligence Community.--(1) There shall
be an Inspector General of the Intelligence Community who is appointed
as provided in section 3 of the Inspector General Act of 1978 (5 U.S.C.
App. 3).
``(2) The Inspector General of the Intelligence Community shall
report to and be under the general supervision of the Director of
National Intelligence.
``(3) The Inspector General of the Intelligence Community shall,
with respect to the intelligence community as a whole and each element
of the intelligence community, perform such duties, have such
responsibilities, and exercise such powers specified in the Inspector
General Act of 1978 as the Director of National Intelligence shall
prescribe.
``(4) Each inspector general of an element of the intelligence
community shall cooperate fully with the Inspector General of the
Intelligence Community in the performance of any duty or function by
the Inspector General of the Intelligence Community under this
subsection regarding such element.
``(5) The performance by the Inspector General of the Intelligence
Community of any duty or function regarding an element of the
intelligence community may not be construed to modify or affect the
responsibility of any other inspector general having responsibilities
regarding the element of the intelligence community.
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