118 STAT. 3664 PUBLIC LAW 108–458—DEC. 17, 2004 or agency concerned may advise the President directly of the intention to withhold concurrence or to make a recommendation, as the case may be. ‘‘(2) Paragraph (1) applies to the following positions: ‘‘(A) The Director of the National Security Agency. ‘‘(B) The Director of the National Reconnaissance Office. ‘‘(C) The Director of the National Geospatial-Intelligence Agency. ‘‘(D) The Assistant Secretary of State for Intelligence and Research. ‘‘(E) The Director of the Office of Intelligence of the Depart- ment of Energy. ‘‘(F) The Director of the Office of Counterintelligence of the Department of Energy. ‘‘(G) The Assistant Secretary for Intelligence and Analysis of the Department of the Treasury. ‘‘(H) The Executive Assistant Director for Intelligence of the Federal Bureau of Investigation or any successor to that position. ‘‘(I) The Assistant Secretary of Homeland Security for Information Analysis. ‘‘(c) CONSULTATION WITH DNI IN CERTAIN POSITIONS.—(1) In the event of a vacancy in a position referred to in paragraph (2), the head of the department or agency having jurisdiction over the position shall consult with the Director of National Intelligence before appointing an individual to fill the vacancy or recommending to the President an individual to be nominated to fill the vacancy. ‘‘(2) Paragraph (1) applies to the following positions: ‘‘(A) The Director of the Defense Intelligence Agency. ‘‘(B) The Assistant Commandant of the Coast Guard for Intelligence.’’. SEC. 1015. EXECUTIVE SCHEDULE MATTERS. (a) EXECUTIVE SCHEDULE LEVEL I.—Section 5312 of title 5, United States Code, is amended by adding at the end the following new item: ‘‘Director of National Intelligence.’’. (b) EXECUTIVE SCHEDULE LEVEL II.—Section 5313 of title 5, United States Code, is amended by adding at the end the following new items: ‘‘Principal Deputy Director of National Intelligence. ‘‘Director of the National Counterterrorism Center. ‘‘Director of the National Counter Proliferation Center.’’. (c) EXECUTIVE SCHEDULE LEVEL IV.—Section 5315 of title 5, United States Code, is amended— (1) by striking the item relating to the Assistant Directors of Central Intelligence; and (2) by adding at the end the following new item: ‘‘General Counsel of the Office of the National Intelligence Director.’’. SEC. 1016. INFORMATION SHARING. (a) DEFINITIONS.—In this section: (1) INFORMATION SHARING COUNCIL.—The term ‘‘Informa- tion Sharing Council’’ means the Information Systems Council established by Executive Order 13356, or any successor body designated by the President, and referred to under subsection (g). 6 USC 485. Applicability. Applicability. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00198 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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