RESPONSIBILITIES AND AUTHORITIES OF THE DIRECTOR OF CENTRAL INTELLIGENCE.

SEC. 705. RESPONSIBILITIES AND AUTHORITIES OF THE DIRECTOR OF CENTRAL INTELLIGENCE. (a) In General.—The National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended— (1) by striking out section 102a; (2) by redesignating sections 103 and 104 as sections 107 and 108, respectively; and (3) by inserting after section 102, as amended by section 721, the following new sections: “responsibilities of the director of central intelligence “Sec. 103. (a) Provision of Intelligence.— (1) Under the direction of the National Security Council, the Director of Central Intelligence shall be responsible for providing national intelligence— “(A) to the President; 106 STAT. 3191 “(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) National Intelligence Council.—(1)(A) There is established within the Office of the Director of Central Intelligence the National Intelligence Council (here after in this section referred to as the ‘Council’). 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 Central Intelligence. “(B) The Director shall prescribe appropriate security requirements for personnel appointed from the private sector as a condition of service on the Council 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. “(2) 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; and “(B) otherwise assist the Director in carrying out the responsibilities described in subsection (a). “(3) 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. “(4) 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. “(5) 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. “(c) Head of the Intelligence Community.—In the Director’s capacity as head of the intelligence community, the Director shall— “(1) develop and present to the President an annual budget for the National Foreign Intelligence Program of the United States; “(2) establish the requirements and priorities to govern the collection of national intelligence by elements of the intelligence community; “(3) promote and evaluate the utility of national intelligence to consumers within the Government; “(4) eliminate waste and unnecessary duplication within the intelligence community; “(5) protect intelligence sources and methods from unauthorized disclosure; and 106 STAT. 3192 “(6) perform such other functions as the President or the National Security Council may direct. “(d) Head of the Central Intelligence Agency.—In the Director’s capacity as head of the Central Intelligence Agency, the Director 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 providing 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 Central 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. “authorities of the director of central intelligence “Sec. 104. (a) Access to Intelligence.— To the extent recommended by the National Security Council and approved by the President, the Director of Central 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 Central Intelligence shall provide guidance to elements of the intelligence community for the preparation of their annual budgets and shall approve such budgets before their incorporation in the National Foreign Intelligence Program. “(c) Role of DCI in Reprogramming.—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 Central Intelligence except in accordance with procedures issued by the Director. “(d) Transfer of Funds or Personnel Within the National Foreign Intelligence Program.—(1) In addition to any other authorities available under law for such purposes, the Director of Central Intelligence, with the approval of the Director of the Office of Management and Budget, may 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 and the heads of affected departments and agencies, may transfer personnel authorized for an element of the intelligence community to another such element for periods up to a year. “(2) A transfer of funds or personnel may be made under this subsection only if— 106 STAT. 3193 “(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; “(C) the transfer does not involve a transfer of funds to the Reserve for Contingencies of the Central Intelligence Agency; “(D) the transfer does not involve a transfer of funds or personnel from the Federal Bureau of Investigation; and “(E) the Secretary or head of the department which contains the affected element or elements of the intelligence community does not object to such transfer. “(3) Funds transferred under this subsection shall remain available for the same period as the appropriations account to which transferred. “(4) 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. 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 Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives 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 the date of the enactment of this section. “(5) The Director shall promptly submit to the Select Committee on Intelligence of the Senate and to the Permanent Select Committee on Intelligence of the House of Representatives and, in the case of the transfer of personnel to or from the Department of Defense, the Committees on Armed Services of the Senate and 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 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 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. 106 STAT. 3194 “(g) Termination of Employment of CIA Employees.—Notwithstanding the provisions of any other law, the Director may, in the Director’s discretion, terminate the employment of any officer or employee of the Central Intelligence Agency whenever the Director shall deem such termination necessary or advisable in the interests of the United States. Any such termination 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) Amendment to Table of Contents.—The table of contents in the first section of the National Security Act of 1947 is amended by striking out the items relating to sections 102a and 103 and inserting in lieu thereof the following new items: “Sec. 103. Responsibilities of the Director of Central Intelligence. “Sec. 104. Authorities of the Director of Central Intelligence. “Sec. 107. National Security Resources Board. “Sec. 108. Annual National Security Strategy Report.”.