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``responsibilities of director of national intelligence
``Sec. 103. (a) Provision of Intelligence.--(1) Under the direction
of the National Security Council, the Director of National Intelligence
shall be responsible for providing national intelligence--
``(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; and
``(D) where appropriate, to the Senate and House of
Representatives and the committees thereof.
``(2) Such national intelligence should be timely, objective,
independent of political considerations, and based upon all sources
available to the intelligence community.
``(b) Responsibilities of Director of National Intelligence.--The
Director of National Intelligence shall--
``(1) develop an annual budget for intelligence and
intelligence-related activities of the United States by--
``(A) developing and presenting to the President an
annual budget for the National Foreign Intelligence
Program, including review, approval, and modification
of the execution of intelligence community budgets, and
personnel and resource allocation in furtherance of
such annual budget;
``(B) participating in the development by the
Secretary of Defense of the annual budgets for the
Joint Military Intelligence Program and the Tactical
Intelligence and Related Activities Program; and
``(C) managing and overseeing the execution and, if
necessary, the modification of the annual budget for
the National Foreign Intelligence Program, including
directing the transfer of funds or personnel between
elements of the intelligence community;
``(D) setting, monitoring, and enforcing consistent
policy for the intelligence community;
``(E) reviewing, approving, modifying, and
exercising primary management and oversight of the
research and development efforts of the intelligence
community;
``(F) reviewing, approving, and coordinating
relationships between elements of the intelligence
community and foreign intelligence, law enforcement,
and security services;
``(G) insuring that the elements of the
intelligence community comply fully with
policies, guidance, and authorities applicable to the intelligence
community on management, administration, and law;
``(2) establish the requirements and priorities to govern
the collection of national intelligence by elements of the
intelligence community;
``(3) approve, establish, and enforce collection
processing, and dissemination requirements, determine
collection priorities, and resolve conflicts in collection
priorities levied on national collection assets, except as
otherwise agreed with the Secretary of Defense pursuant to the
direction of the President;
``(4) promote and evaluate the utility of national
intelligence to consumers within the Government;
``(5) eliminate waste and unnecessary duplication within
the intelligence community;
``(6) 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 foreign intelligence purposes,
except that the Director shall have no authority to direct,
manage, or undertake electronic surveillance or physical search
operations pursuant to that Act unless otherwise authorized by
statute or Executive order;
``(7) protect intelligence sources and methods from
unauthorized disclosure; and
``(8) perform such other functions as the President or the
National Security Council may direct.
``authorities of director of national intelligence
``Sec. 103A. (a) Access to Intelligence.--To the extent recommended
by the National Security Council and approved by the President, the
Director of National Intelligence shall have access to all intelligence
related to the national security which is collected by any department,
agency, or other entity of the United States.
``(b) Approval of Budgets.--The Director of National Intelligence
shall supervise the elements of the intelligence community in the
preparation of their annual budgets, and shall approve such budgets
before their incorporation in the National Foreign Intelligence
Program.
``(c) Reprogramming.--(1) No funds made available under the
National Foreign Intelligence Program may be reprogrammed by any
element of the intelligence community without the prior approval of the
Director of National Intelligence except in accordance with procedures
issued by the Director.
``(2) The Secretary of Defense shall consult with the Director
before reprogramming funds made available under the Joint Military
Intelligence Program.
``(d) Transfer of Funds or Personnel Within National Foreign
Intelligence Program.--(1)(A) In addition to any other authorities
available under law for such purposes, the Director of National
Intelligence may, with the approval of the Director of the Office of
Management and Budget, transfer funds appropriated for a program within
the National Foreign Intelligence Program to another such program and,
in accordance with procedures to be developed by the Director, may
transfer personnel authorized for an element of the intelligence
community to another such element for periods up to a year.
``(B) The Director may only delegate a duty or authority given the
Director under this subsection to the Deputy Director of National
Intelligence for Community Management.
``(2) A transfer of funds or personnel may be made under this
subsection only if--
``(A) the funds or personnel are being transferred to an
activity that is a higher priority intelligence activity;
``(B) the need for funds or personnel for such activity is
based on unforeseen requirements; and
``(C) the transfer does not involve a transfer of funds to
the Reserve for Contingencies of the Central Intelligence
Agency.
``(3) Funds transferred under this subsection shall remain
available for the same period as the appropriations account to which
transferred.
``(4)(A) Any transfer of funds under this subsection shall be
carried out in accordance with existing procedures applicable to
reprogramming notifications for the appropriate congressional
committees.
``(B) Any proposed transfer for which notice is given to the
appropriate congressional committees shall be accompanied by a report
explaining the nature of the proposed transfer and how it satisfies the
requirements of this subsection. In addition, the congressional
intelligence committees shall be promptly notified of any transfer of
funds made pursuant to this subsection in any case in which the
transfer would not have otherwise required reprogramming notification
under procedures in effect as of October 24, 1992.
``(5) The Director shall promptly submit to the congressional
intelligence committees and, in the case of the transfer of personnel
to or from the Department of Defense, the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House of
Representatives, a report on any transfer of personnel made pursuant to
this subsection. The Director shall include in any such report an
explanation of the nature of the transfer and how it satisfies the
requirements of this subsection.
``(e) Coordination With Foreign Governments.--Under the direction
of the National Security Council and in a manner consistent with
section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927), the
Director of National Intelligence shall coordinate the relationships
between elements of the intelligence community and the intelligence or
security services of foreign governments on all matters involving
intelligence related to the national security or involving intelligence
acquired through clandestine means.
``(f) Use of Personnel.--The Director of National Intelligence
shall, in coordination with the heads of departments and agencies with
elements in the intelligence community, institute policies and programs
within the intelligence community--
``(1) to provide for the rotation of personnel between the
elements of the intelligence community, where appropriate, and
to make such rotated service a factor to be considered for
promotion to senior positions; and
``(2) to consolidate, wherever possible, personnel,
administrative, and security programs to reduce the overall
costs of these activities within the intelligence community.
``(g) Standards and Qualifications for Performance of Intelligence
Activities.--The Director of National Intelligence shall, in
consultation with the heads of effected agencies, develop standards and
qualifications for persons engaged in the performance of intelligence
activities within the intelligence community.
``central intelligence agency
``Sec. 104. (a) In General.--There is a Central Intelligence
Agency.
``(b) Function.--The function of the Agency shall be to assist the
Director of the Central Intelligence Agency in carrying out the
responsibilities of the Director under section 104A(d).
``director of the central intelligence agency
``Sec. 104A. (a) Director of Central Intelligence Agency.--There is
a Director of the Central Intelligence Agency who shall be appointed by
the President, by and with the advice and consent of the Senate.
``(b) Head of Central Intelligence Agency.--The Director of the
Central Intelligence Agency shall be the head of the Central
Intelligence Agency.
``(c) Prohibition on Simultaneous Service as Director of National
Intelligence.--The individual serving in the position of Director of
the Central Intelligence Agency shall not, while so serving, also serve
as the Director of National Intelligence.
``(d) General Responsibilities.--As head of the Central
Intelligence Agency, the Director of the Central Intelligence Agency
shall--
``(1) collect intelligence through human sources and by
other appropriate means, except that the Agency shall have no
police, subpoena, or law enforcement powers or internal
security functions;
``(2) provide overall direction for the collection of
national intelligence through human sources by elements of the
intelligence community authorized to undertake such collection
and, in coordination with other agencies of the Government
which are authorized to undertake such collection, ensure that
the most effective use is made of resources and that the risks
to the United States and those involved in such collection are
minimized;
``(3) correlate and evaluate intelligence related to the
national security and provide appropriate dissemination of such
intelligence;
``(4) perform such additional services as are of common
concern to the elements of the intelligence community, which
services the Director of National Intelligence determines can
be more efficiently accomplished centrally; and
``(5) perform such other functions and duties related to
intelligence affecting the national security as the President
or the National Security Council may direct.
``(e) Termination of Employment of CIA Employees.--(1)
Notwithstanding any other provision of law, the Director of the Central
Intelligence Agency may, in the Director's discretion, terminate the
employment of any officer or employee of the Central Intelligence
Agency whenever the Director considers such termination necessary or
advisable in the interests of the United States.
``(2) Termination under paragraph (1) shall not affect the right of
the officer or employee terminated to seek or accept employment in any
other department or agency of the Government if declared eligible for
such employment by the Office of Personnel Management.''.
(b) Sense of Congress on Cabinet-Level Status of Director of
National Intelligence.--It is the sense of Congress that the Director
of National Intelligence should be a cabinet-level officer of the
United States Government.
(c) General References.--(1) Any reference to the Director of
Central Intelligence in the Director's capacity as the head of the
intelligence community in any law, regulation, document, paper, or
other record of the United States shall be deemed to be a reference to
the Director of National Intelligence.
(2) Any reference to the Director of Central Intelligence in the
Director's capacity as the head of the Central Intelligence Agency in
any law, regulation, document, paper, or other record of the United
States shall be deemed to be a reference to the Director of the Central
Intelligence Agency.
(3) Any reference to the Deputy Director of Central Intelligence in
the Deputy Director's capacity as deputy to the head of the
intelligence community in any law, regulation, document, paper, or
other record of the United States shall be deemed to be a reference to
the Deputy Director of National Intelligence.
(4) Any reference to the Deputy Director of Central Intelligence
for Community Management in any law, regulation, document, paper, or
other record of the United States shall be deemed to be a reference to
the Deputy Director of National Intelligence for Community Management.
(5) Any reference to the Assistant Director of Central Intelligence
for Collection in any law, regulation, document, paper, or other record
of the United States shall be deemed to be a reference to the Assistant
Director of National Intelligence for Collection.
(6) Any reference to the Assistant Director of Central Intelligence
for Analysis and Production in any law, regulation, document, paper, or
other record of the United States shall be deemed to be a reference to
the Assistant Director of National Intelligence for Analysis and
Production.
(7) Any reference to the Assistant Director of Central Intelligence
for Administration in any law, regulation, document, paper, or other
record of the United States shall be deemed to be a reference to the
Assistant Director of National Intelligence for Administration.
SEC. 3. EXECUTIVE SCHEDULE MATTERS.
(a) Executive Schedule Level II.--Section 5313 of title 5, United
States Code, is amended by striking the item relating to the Director
of Central Intelligence and inserting the following new items:
``Director of National Intelligence.
``Director of the Central Intelligence Agency.''.
(b) Executive Schedule Level III.--Section 5314 of title 5, United
States Code, is amended by striking the item relating to the Deputy
Directors of Central Intelligence and inserting the following new item:
``Deputy Directors of National Intelligence (2).''.
(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 inserting the following
new item:
``Assistant Directors of National Intelligence (3).'';
(2) by striking the item relating to the Inspector General
of the Central Intelligence Agency and inserting the following
new items:
``Inspector General, Central Intelligence Agency.
``Inspector General, Intelligence Community.''; and
(3) by inserting after the item relating to the General
Counsel of the Central Intelligence Agency the following new
item:
``General Counsel to the Director of National
Intelligence.''.
SEC. 4. CONFORMING AND CLERICAL AMENDMENTS.
(a) National Security Act of 1947.--(1) The National Security Act
of 1947 (50 U.S.C. 401 et seq.) is amended by striking ``Director of
Central Intelligence'' and inserting ``Director of National
Intelligence'' each place it appears in the following provisions:
(A) Section 3(4)(A) (50 U.S.C. 401a(4)(A)), both places it
appears.
(B) Section 3(4)(J) (50 U.S.C. 401a(4)(J)).
(C) Section 3(5)(B) (50 U.S.C. 401a(5)(B)).
(D) Section 3(6) (50 U.S.C. 401a(6)).
(E) Section 101(h)(2)(A) (50 U.S.C. 402(h)(2)(A)).
(F) Section 101(h)(5) (50 U.S.C. 402(h)(5)).
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