50 U.S.C. § 403-1 : US Code - Section 403-1: Responsibilities and authorities of the Director of National Intelligence

Search 50 U.S.C. § 403-1 : US Code - Section 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)
(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.