I

104TH CONGRESS

2D SESSION H. R. 3237

To provide for improved management and operation of intelligence activities

of the Government by providing for a more corporate approach to intelligence, to reorganize the agencies of the Government engaged in intelligence activities so as to provide an improved Intelligence Community

for the 21st century, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 15, 1996

Mr. COMBEST introduced the following bill; which was referred to the Permanent Select Committee on Intelligence and in addition to the Committee

on National Security, for a period to be subsequently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

A BILL

To provide for improved management and operation of intelligence activities of the Government by providing for

a more corporate approach to intelligence, to reorganize

the agencies of the Government engaged in intelligence

activities so as to provide an improved Intelligence Community for the 21st century, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Intelligence Commu3 nity Act’’.

4 SEC. 2. ORGANIZATION OF ACT; TABLE OF CONTENTS.

5 (a) ORGANIZATION OF ACT.—This Act is organized

6 as follows:

TITLE I—INTELLIGENCE COMMUNITY GENERALLY

Subtitle A—Director of Central Intelligence

Subtitle B—Deputy Directors of Central Intelligence

Subtitle C—The Intelligence Community

Subtitle D—Annual Reports

TITLE II—INTELLIGENCE COMMUNITY MANAGEMENT

Subtitle A—Intelligence Community Functions

Subtitle B—National Foreign Intelligence Program

Subtitle C—Personnel

Subtitle D—Infrastructure Support Office

Subtitle E—Intelligence Community Administration

TITLE III—INTELLIGENCE COMMUNITY AGENCIES

Subtitle A—Central Intelligence Agency

Subtitle B—The Clandestine Service

Subtitle C—The National Intelligence Evaluation Council

TITLE IV—DEPARTMENT OF DEFENSE FUNCTIONS IN THE

INTELLIGENCE COMMUNITY

Subtitle A—Secretary of Defense

Subtitle B—Director of Military Intelligence

Subtitle C—The Military Departments

Subtitle D—Planning and Budgeting

TITLE V—DEPARTMENT OF DEFENSE AGENCIES IN THE

INTELLIGENCE COMMUNITY

Subtitle A—Defense Intelligence Agency

Subtitle B—Technical Collection Agency

Subtitle C—Technology Development Office

TITLE VI—NATIONAL SECURITY COUNCIL AND RELATED BOARDS

AND COMMITTEES

TITLE VII—TECHNICAL AND CONFORMING AMENDMENTS

Subtitle A—Amendments Related to Creation of Technical Collection Agency

Subtitle B—Amendments Related to Creation of Clandestine Service
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Subtitle C—Amendments Related to Inspector General for the Intelligence Community

Subtitle D—Repeals of Provisions Recodified in New Act

Subtitle E—Other Amendments

TITLE VIII—TRANSFER OF FUNCTIONS, SAVINGS PROVISIONS,

AND EFFECTIVE DATE

Subtitle A—Transfers of Functions to Intelligence Community Agencies Other

than Agencies in Department of Defense

Subtitle B—Transfers of Functions to Intelligence Community Agencies in Department of Defense

Subtitle C—General Transfer Provisions

Subtitle D—General Savings Provisions

Subtitle E—Effective Date

1 (b) TABLE OF CONTENTS.—The table of contents for

2 this Act is as follows:

Sec. 1. Short title.

Sec. 2. Organization of Act; table of contents.

Sec. 3. Findings and purposes.

Sec. 4. Definitions.

TITLE I—INTELLIGENCE COMMUNITY GENERALLY

Subtitle A—Director of Central Intelligence

Sec. 101. Director of Central Intelligence.

Sec. 102. General intelligence responsibilities of the Director.

Sec. 103. Preparation of annual budget for National Foreign Intelligence Program.

Sec. 104. Foreign intelligence collection.

Sec. 105. Protection of sources and methods.

Sec. 106. Promotion and evaluation of the usefulness of intelligence to consumers.

Sec. 107. Elimination of waste and unnecessary duplication.

Sec. 108. Other functions.

Sec. 109. Prohibition on law enforcement powers and internal security functions.

Sec. 110. Access to intelligence.

Sec. 111. Coordination with foreign governments.

Subtitle B—Deputy Directors of Central Intelligence

Sec. 121. Deputy Directors of Central Intelligence.

Sec. 122. Deputy Director of Central Intelligence for the Central Intelligence

Agency.

Sec. 123. Deputy Director of Central Intelligence for Community Management.

Sec. 124. Civilian and military status of Director of Central Intelligence and

Deputies.

Subtitle C—The Intelligence Community

Sec. 131. Elements of the Intelligence Community.

Sec. 132. Inspector General for the Intelligence Community.
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Subtitle D—Annual Reports

Sec. 141. Annual report on Intelligence Community activities.

TITLE II—INTELLIGENCE COMMUNITY MANAGEMENT

Subtitle A—Intelligence Community Functions

Sec. 201. Community Management Staff.

Sec. 202. Functions of the Community Management Staff.

Subtitle B—National Foreign Intelligence Program

Sec. 221. Budgets.

Sec. 222. Comptroller functions of Community Management Staff.

Sec. 223. Limitations on transfers and reprogramming.

Sec. 224. Transfer of funds or personnel within the National Foreign Intelligence Program.

Sec. 225. Limitation on reprogramming.

Subtitle C—Personnel

Sec. 231. Use of personnel.

Sec. 232. Authority to terminate employment of certain employees.

Sec. 233. Intelligence Community Reserve.

Subtitle D—Infrastructure Support Office

Sec. 241. Establishment of Infrastructure Support Office.

Sec. 242. Responsibilities of Director of the Infrastructure Support Office.

Subtitle E—Intelligence Community Administration

Sec. 251. Secrecy agreements used in intelligence activities.

Sec. 252. Coordination of counterintelligence matters with the Federal Bureau

of Investigation.

Sec. 253. Intelligence Community contracting.

TITLE III—INTELLIGENCE COMMUNITY AGENCIES

Subtitle A—Central Intelligence Agency

Sec. 301. Central Intelligence Agency.

Sec. 302. Duties of Director of Central Intelligence with regard to the Central

Intelligence Agency.

Sec. 303. Functions of the Central Intelligence Agency.

Subtitle B—The Clandestine Service

Sec. 321. The Clandestine Service.

Sec. 322. Functions of the Clandestine Service.

Sec. 323. Applicable statutes.

Subtitle C—The National Intelligence Evaluation Council

Sec. 331. National Intelligence Evaluation Council.

Sec. 332. Functions of the National Intelligence Evaluation Council.

Sec. 333. Staffing of the National Intelligence Evaluation Council.
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TITLE IV—DEPARTMENT OF DEFENSE FUNCTIONS IN THE

INTELLIGENCE COMMUNITY

Subtitle A—Secretary of Defense

Sec. 401. Overall Secretary of Defense functions.

Sec. 402. Requirement that budgets for intelligence components be adequate.

Sec. 403. Implementation of Director of Central Intelligence policies and resource decisions.

Sec. 404. Relationship of NFIP activities to tactical intelligence activities.

Sec. 405. Responsiveness to operational military forces.

Sec. 406. Elimination of waste and unnecessary duplication.

Sec. 407. Joint and corporate conduct of Defense intelligence activities.

Sec. 408. Use of elements of Department of Defense.

Subtitle B—Director of Military Intelligence

Sec. 421. Director of Military Intelligence.

Sec. 422. Functions of the Director of Military Intelligence.

Sec. 423. Role of Director of Military Intelligence in the Intelligence Community.

Sec. 424. Planning and budget functions.

Sec. 425. Staff.

Subtitle C—The Military Departments

Sec. 441. Intelligence capabilities of the military departments.

Subtitle D—Planning and Budgeting

Sec. 451. Joint Military Intelligence Program.

Sec. 452. Tactical Intelligence and Related Activities (TIARA).

Sec. 453. Notice to Congress of changes in JMIP and TIARA.

TITLE V—DEPARTMENT OF DEFENSE AGENCIES IN THE

INTELLIGENCE COMMUNITY

Subtitle A—Defense Intelligence Agency

Sec. 501. Defense Intelligence Agency generally.

Sec. 502. Functions of the Defense Intelligence Agency.

Subtitle B—Technical Collection Agency

Sec. 521. Establishment of Technical Collection Agency.

Sec. 522. SIGINT, IMINT, and MASINT functions.

Sec. 523. Reconnaissance systems.

Sec. 524. Applicable statutes.

Subtitle C—Technology Development Office

Sec. 531. Establishment of the Technology Development Office.

Sec. 532. Responsibilities for satellite reconnaissance systems.

Sec. 533. Acquisition and operation of other reconnaissance and sensor systems.

Sec. 534. Applicable laws.

TITLE VI—NATIONAL SECURITY COUNCIL AND RELATED BOARDS

AND COMMITTEES
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Sec. 601. Recodification of laws relating to National Security Council and related boards and committees in Executive Office of the President.

Sec. 602. Committee on Foreign Intelligence.

Sec. 603. Prohibition of direct participation by National Security Council staff

in execution of intelligence operations.

TITLE VII—TECHNICAL AND CONFORMING AMENDMENTS

Subtitle A—Amendments Related to Creation of Technical Collection Agency

Sec. 701. Role as Defense agency.

Sec. 702. Restatement of National Security Agency Act of 1959.

Subtitle B—Amendments Related to Creation of Clandestine Service

Sec. 711. Central Intelligence Agency Act of 1949.

Sec. 712. Central Intelligence Agency Retirement System.

Sec. 713. Central Intelligence Agency Voluntary Separation Pay Act.

Sec. 714. Amendments to title 5, United States Code.

Sec. 715. Amendments to laws codified in the Appendices of title 5, United

States Code.

Sec. 716. Report on detailed personnel.

Subtitle C—Amendments Related to Inspector General for the Intelligence

Community

Sec. 721. Inspector General for the Intelligence Community.

Subtitle D—Repeals of Provisions Recodified in New Act

Sec. 741. Conforming repeals.

Subtitle E—Other Amendments

Sec. 751. National Security Act of 1947.

Sec. 752. Title 5, United States Code.

TITLE VIII—TRANSFER OF FUNCTIONS, SAVINGS PROVISIONS,

AND EFFECTIVE DATE

Subtitle A—Transfers of Functions to Intelligence Community Agencies Other

than Agencies in Department of Defense

Sec. 801. Transfer of functions to Clandestine Service.

Sec. 802. Abolition of National Intelligence Council.

Subtitle B—Transfers of Functions to Intelligence Community Agencies in

Department of Defense

Sec. 811. Transfer of functions to technical collection agency.

Sec. 812. Transfer of functions to technical development office.

Sec. 813. Abolition of previous Defense elements of the Intelligence Community.

Subtitle C—General Transfer Provisions

Sec. 821. Transfer of functions.

Sec. 822. Transfer and allocations of appropriations and personnel.

Sec. 823. Incidental transfers.
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Sec. 824. Effect on personnel.

Sec. 825. Delegation and assignment.

Sec. 826. Reorganization.

Sec. 827. Rules.

Subtitle D—General Savings Provisions

Sec. 831. Continuing effect of legal documents.

Sec. 832. Proceedings not affected.

Sec. 833. Suits not affected.

Sec. 834. Nonabatement of actions.

Sec. 835. Administrative actions relating to promulgation of regulations.

Sec. 836. Transition.

Sec. 837. References.

Subtitle E—Effective Date

Sec. 851. Effective date.

1 SEC. 3. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—The Congress makes the following

3 findings:

4 (1) The United States must maintain an intel5 ligence capability to collect and analyze information

6 concerning world events that may threaten its secu7 rity so as to be in a position to anticipate and re8 spond to such events in an effective and timely man9 ner.

10 (2) The existing framework for the conduct of

11 United States intelligence activities, established by

12 the National Security Act of 1947, has evolved

13 largely without changes to the original statutory

14 framework, but rather as a matter of Executive

15 order and directive.

16 (3) Although the Director of Central Intel17 ligence has had an overall, coordinating role for
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1 United States intelligence activities, under existing

2 law and by Executive order the Director has, in fact,

3 lacked sufficient authorities to exercise this respon4 sibility effectively, leaving control largely decentral5 ized within elements of the Intelligence Community.

6 (b) PURPOSES.—The purposes of this Act are—

7 (1) to provide a corporate framework for the

8 improved management of United States intelligence

9 activities at all levels and within all intelligence dis10 ciplines;

11 (2) to provide an institutional structure that

12 will continue to ensure that the Intelligence Commu13 nity serves the needs of the Government as a whole

14 in an effective, timely, and corporate manner;

15 (3) to clarify by law the responsibilities of Unit16 ed States intelligence agencies; and

17 (4) to improve the congressional oversight of in18 telligence activities.

19 SEC. 4. DEFINITIONS.

20 For the purposes of this Act:

21 (1) INTELLIGENCE.—The term ‘‘intelligence’’

22 includes foreign intelligence and counterintelligence.

23 (2) FOREIGN INTELLIGENCE.—The term ‘‘for24 eign intelligence’’ means information relating to the

25 capabilities, intentions, or activities of foreign gov-
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1 ernments or elements thereof, foreign organizations,

2 foreign transnational entities, or foreign persons.

3 (3) COUNTERINTELLIGENCE.—The term ‘‘coun4 terintelligence’’ means information gathered and ac5 tivities conducted to protect against espionage, other

6 intelligence activities, sabotage, or assassinations

7 conducted by or on behalf of foreign governments or

8 elements thereof, foreign organizations, foreign

9 transnational entities, or foreign persons, or inter10 national terrorist activities.

11 (4) NATIONAL INTELLIGENCE AND INTEL12 LIGENCE RELATED TO NATIONAL SECURITY.—The

13 terms ‘‘national intelligence’’ and ‘‘intelligence relat14 ed to the national security’’—

15 (A) each refer to intelligence that pertains

16 to the interests of the Government generally,

17 rather than to the interests of a single depart18 ment or agency of Government, or to a compo19 nent of such department or agency;

20 (B) do not refer to intelligence necessary

21 to plan or conduct tactical military operations

22 by United States Armed Forces; and

23 (C) do not refer to counterintelligence or

24 law enforcement activities conducted by the

25 Federal Bureau of Investigation except to the
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1 extent provided for in procedures agreed to by

2 the Director of Central Intelligence and the At3 torney General, or otherwise as expressly pro4 vided for in this Act.

5 (5) NATIONAL FOREIGN INTELLIGENCE PRO6 GRAM.—The term ‘‘National Foreign Intelligence

7 Program’’ refers to all programs, projects, and ac8 tivities of the Intelligence Community which are in9 tended to produce national intelligence, as well as

10 any other programs of the Intelligence Community

11 designated jointly by the Director of Central Intel12 ligence and the head of a United States department

13 or agency or by the President. Such term does not

14 include programs, projects, or activities of the mili15 tary departments to acquire intelligence solely for

16 the planning and conduct of tactical military oper17 ations by United States Armed Forces.

18 (6) CONGRESSIONAL INTELLIGENCE COMMIT19 TEES.—The term ‘‘congressional intelligence com20 mittees’’ means—

21 (A) the Select Committee on Intelligence of

22 the Senate; and

23 (B) the Permanent Select Committee on

24 Intelligence of the House of Representatives.
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1 TITLE I—INTELLIGENCE

2 COMMUNITY GENERALLY

3 Subtitle A—Director of Central

4 Intelligence

5 SEC. 101. DIRECTOR OF CENTRAL INTELLIGENCE.

6 (a) DIRECTOR OF CENTRAL INTELLIGENCE.—There

7 is a Director of Central Intelligence. The Director of

8 Central Intelligence is—

9 (1) the principal adviser to the President and

10 the National Security Council for intelligence mat11 ters related to the national security; and

12 (2) the head of the Intelligence Community.

13 (b) APPOINTMENT.—The Director of Central Intel14 ligence is appointed by the President, by and with the ad15 vice and consent of the Senate.

16 (c) ACTING DCI.—

17 (1) The Director of Central Intelligence shall

18 designate one of the two Deputy Directors of

19 Central Intelligence to act for, and exercise the pow20 ers of, the Director during the Director’s absence or

21 disability.

22 (2) In the event of a vacancy in the office of

23 Director of Central Intelligence, the President shall

24 designate one of the two Deputy Directors of
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1 Central Intelligence to act as, and exercise the pow2 ers of, the Director during the vacancy.

3 SEC. 102. GENERAL INTELLIGENCE RESPONSIBILITIES OF

4 THE DIRECTOR.

5 (a) PROVISION OF INTELLIGENCE TO THE PRESI6 DENT.—Under the direction of the National Security

7 Council, the Director of Central Intelligence shall be re8 sponsible for providing intelligence to the President.

9 (b) PROVISION OF INTELLIGENCE TO OTHERS.—

10 Under the direction of the National Security Council, the

11 Director of Central Intelligence shall be responsible for

12 providing intelligence—

13 (1) to the heads of departments and agencies of

14 the executive branch;

15 (2) to the Chairman of the Joint Chiefs of

16 Staff, to the commanders of the unified combatant

17 commands, and to other senior military command18 ers; and

19 (3) to the Senate and House of Representatives

20 and the appropriate committees thereof.

21 (c) INTELLIGENCE TO BE OBJECTIVE AND TIME22 LY.—Intelligence provided by the Director pursuant to

23 this section should be timely and objective and shall be

24 provided independent of political considerations or bias
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1 and based upon all sources available to the Intelligence

2 Community.

3 SEC. 103. PREPARATION OF ANNUAL BUDGET FOR NA4 TIONAL FOREIGN INTELLIGENCE PROGRAM.

5 The Director of Central Intelligence shall develop (in

6 accordance with subtitle B of title II) and present to the

7 President an annual budget for the National Foreign In8 telligence Program of the United States.

9 SEC. 104. FOREIGN INTELLIGENCE COLLECTION.

10 The Director of Central Intelligence shall establish

11 the requirements and priorities to govern the collection of

12 national intelligence by elements of the Intelligence Com13 munity and shall manage the collection capabilities of the

14 Intelligence Community to ensure that national require15 ments are met.

16 SEC. 105. PROTECTION OF SOURCES AND METHODS.

17 The Director of Central Intelligence shall protect in18 telligence sources and methods from unauthorized disclo19 sure.

20 SEC. 106. PROMOTION AND EVALUATION OF THE USEFUL21 NESS OF INTELLIGENCE TO CONSUMERS.

22 The Director of Central Intelligence shall promote

23 and evaluate the quality and usefulness of national intel24 ligence to consumers within the Government.
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1 SEC. 107. ELIMINATION OF WASTE AND UNNECESSARY DU2 PLICATION.

3 The Director of Central Intelligence, in cooperation

4 with the heads of the elements of the Intelligence Commu5 nity shall eliminate waste and unnecessary duplication

6 within the Intelligence Community.

7 SEC. 108. OTHER FUNCTIONS.

8 The Director of Central Intelligence shall perform

9 such other functions as the President or the National Se10 curity Council may direct.

11 SEC. 109. PROHIBITION ON LAW ENFORCEMENT POWERS

12 AND INTERNAL SECURITY FUNCTIONS.

13 The Director of Central Intelligence shall have no po14 lice, subpoena, or law enforcement powers or internal se15 curity functions.

16 SEC. 110. ACCESS TO INTELLIGENCE.

17 To the extent recommended by the National Security

18 Council and approved by the President, the Director of

19 Central Intelligence shall have access to all intelligence re20 lated to the national security which is collected by any de21 partment, agency, or other entity of the United States.

22 SEC. 111. COORDINATION WITH FOREIGN GOVERNMENTS.

23 Under the direction of the National Security Council

24 and in a manner consistent with section 207 of the For25 eign Service Act of 1980 (22 U.S.C. 3927), the Director

26 shall coordinate the relationships between elements of the
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1 Intelligence Community and the intelligence or security

2 services of foreign governments on all matters involving

3 intelligence related to the national security or involving in4 telligence acquired through clandestine means.

5 Subtitle B—Deputy Directors of

6 Central Intelligence

7 SEC. 121. DEPUTY DIRECTORS OF CENTRAL INTELLIGENCE.

8 (a) POSITIONS.—There is a Deputy Director of

9 Central Intelligence for the Central Intelligence Agency,

10 and there is a Deputy Director of Central Intelligence for

11 Community Management.

12 (b) APPOINTMENT.—Each Deputy Director shall be

13 appointed by the President, by and with the advice and

14 consent of the Senate.

15 (c) QUALIFICATIONS.—Each Deputy Director shall

16 have extensive national security experience.

17 SEC. 122. DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE

18 FOR THE CENTRAL INTELLIGENCE AGENCY.

19 (a) DAILY OPERATIONS OF THE CENTRAL INTEL20 LIGENCE AGENCY.—Subject to the direction of the Direc21 tor of Central Intelligence, the Deputy Director of Central

22 Intelligence for the Central Intelligence Agency shall be

23 responsible for conducting the daily operations of the

24 Central Intelligence Agency.
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1 (b) ANALYSIS AND DISSEMINATION.—The Deputy

2 Director of Central Intelligence for the Central Intel3 ligence Agency shall be responsible to the Director of

4 Central Intelligence for the following:

5 (1) Correlating and evaluating intelligence re6 lated to the national security collected from all

7 sources available throughout the Intelligence Com8 munity and providing appropriate dissemination of

9 such intelligence.

10 (2) Coordinating analysis conducted by the In11 telligence Community, including determining when

12 and for what competitive analysis is justified.

13 (3) Producing national intelligence estimates.

14 SEC. 123. DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE

15 FOR COMMUNITY MANAGEMENT.

16 Subject to the direction of the Director of Central In17 telligence, the Deputy Director of Central Intelligence for

18 Community Management shall be responsible for the fol19 lowing:

20 (1) Directing the operations of the Community

21 Management Staff.

22 (2) Directing the operations of the Infrastruc23 ture Support Office.
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1 (3) Performing community-wide management

2 functions, including the management of personnel,

3 resources, and requirements.

4 (4) Managing research and development.

5 SEC. 124. CIVILIAN AND MILITARY STATUS OF DIRECTOR

6 OF CENTRAL INTELLIGENCE AND DEPUTIES.

7 (a) LIMITATION ON ACTIVE DUTY STATUS.—Not

8 more than one individual serving in the following positions

9 may be on active duty in the Armed Forces while serving

10 in that position:

11 (1) The Director of Central Intelligence.

12 (2) The two Deputy Directors of Central Intel13 ligence.

14 (b) APPOINTMENT AND RANK.—An individual serv15 ing in a position specified in paragraph (1) or (2) of sub16 section (a) who is on active duty in the Armed Forces shall

17 be appointed from among the officers of the Armed Forces

18 on the active-duty list. The Director of Central Intel19 ligence may hold the grade of general or admiral while

20 so serving and a Deputy Director of Central Intelligence

21 may hold the rank of lieutenant general or vice admiral

22 while so serving.

23 (c) ROLE AS OFFICER OF ARMED FORCES.—A com24 missioned officer of the Armed Forces, while serving in
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1 a position specified in paragraph (1) or (2) of subsection

2 (a)—

3 (1) shall not be subject to supervision or control

4 by the Secretary of Defense or by any officer or em5 ployee of the Department of Defense;

6 (2) shall not exercise, by reason of the officer’s

7 status as a commissioned officer, any supervision or

8 control with respect to any of the military or civilian

9 personnel of the Department of Defense except as

10 authorized by this title; and

11 (3) shall not be counted against the numbers

12 and percentages of commissioned officers of the rank

13 and grade of such officer authorized for the military

14 department of that officer.

15 (d) MILITARY BENEFITS.—Except as provided in

16 paragraph (1) or (2) of subsection (c), the appointment

17 of an officer of the Armed Forces to a position specified

18 in paragraph (1) or (2) of subsection (a) shall not affect

19 the status, position, rank, or grade of such officer in the

20 Armed Forces, or any emolument, perquisite, right, privi21 lege, or benefit incident to or arising out of any such sta22 tus, position, rank, or grade.

23 (e) PAY.—An officer of the Armed Forces appointed

24 to a position specified in paragraph (1) or (2) of sub25 section (a), while serving in such position, shall continue
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1 to receive military pay and allowances payable to a com2 missioned officer of that officer’s grade and length of serv3 ice for which the appropriate military department shall be

4 reimbursed from funds available to the Director of Central

5 Intelligence. In addition to any pay or allowance payable

6 under this subsection, such officer shall also receive, out

7 of funds available to the Director of Central Intelligence,

8 annual compensation in an amount by which the annual

9 rate of compensation payable for such position exceeds the

10 total of that officer’s annual rate of military pay and al11 lowances.

12 Subtitle C—The Intelligence

13 Community

14 SEC. 131. ELEMENTS OF THE INTELLIGENCE COMMUNITY.

15 The Intelligence Community of the United States

16 Government consists of the following:

17 (1) The Office of the Director of Central Intel18 ligence, which shall include the Offices of the Deputy

19 Directors of Central Intelligence and such other of20 fices as the Director may designate.

21 (2) The Community Management Staff.

22 (3) The National Intelligence Evaluation Coun23 cil.

24 (4) The Central Intelligence Agency.

25 (5) The Clandestine Service.
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1 (6) The Defense Intelligence Agency.

2 (7) The Technical Collection Agency.

3 (8) The Technology Development Office.

4 (9) The Infrastructure Support Office.

5 (10) The intelligence elements of the Army, the

6 Navy, the Air Force, the Marine Corps, and the

7 Coast Guard.

8 (11) The intelligence elements of the Federal

9 Bureau of Investigation, the Department of the

10 Treasury, the Department of Energy, and the Drug

11 Enforcement Administration.

12 (12) The Bureau of Intelligence and Research

13 of the Department of State.

14 (13) Such other offices and entities as are es15 tablished by law under the authority of the Director

16 of Central Intelligence or as may be provided by law

17 or by the President to be a component of the Intel18 ligence Community.

19 SEC. 132. INSPECTOR GENERAL FOR THE INTELLIGENCE

20 COMMUNITY.

21 (a) IN GENERAL.—There is an Inspector General for

22 the Intelligence Community. The Inspector General is ap23 pointed in accordance with, and performs the duties, has

24 the responsibilities, and exercises the powers specified in,
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1 section 17 of the Central Intelligence Agency Act of 1949

2 (50 U.S.C. 403q).

3 (b) COORDINATION WITH INSPECTOR GENERAL OF

4 THE DEPARTMENT OF DEFENSE.—With respect to any

5 audit, inspection, or investigation of any element of the

6 Intelligence Community that is within the Department of

7 Defense, the role of the Inspector General for the Intel8 ligence Community shall be determined based upon con9 sultations between the Director of Central Intelligence and

10 the Secretary of Defense.

11 Subtitle D—Annual Reports

12 SEC. 141. ANNUAL REPORT ON INTELLIGENCE COMMUNITY

13 ACTIVITIES.

14 (a) IN GENERAL.—The Director of Central Intel15 ligence shall submit to Congress an annual report on the

16 activities of the Intelligence Community. The annual re17 port shall be unclassified.

18 (b) MATTERS TO BE COVERED IN ANNUAL RE19 PORT.—Each report under this section shall describe—

20 (1) the activities of the Intelligence Community

21 during the preceding fiscal year, including signifi22 cant successes and failures that can be described in

23 an unclassified manner; and

24 (2) the areas of the world and the issues that

25 the Director expects will require increased or un-
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1 usual attention from the Intelligence Community

2 during the next fiscal year.

3 (c) TIME FOR SUBMISSION.—The report under this

4 section for any year shall be submitted at the same time

5 that the President submits the budget for the next fiscal

6 year pursuant to section 1105 of title 31, United States

7 Code.

8 TITLE II—INTELLIGENCE

9 COMMUNITY MANAGEMENT

10 Subtitle A—Intelligence

11 Community Functions

12 SEC. 201. COMMUNITY MANAGEMENT STAFF.

13 There is a Community Management Staff.

14 SEC. 202. FUNCTIONS OF THE COMMUNITY MANAGEMENT

15 STAFF.

16 (a) IN GENERAL.—The Deputy Director of Central

17 Intelligence for Community Management, acting through

18 the Community Management Staff, shall provide corporate

19 management of the following Intelligence Community-wide

20 functions:

21 (1) Requirements and collection management.

22 (2) Planning, programming, budgeting, and ac23 counting for the National Foreign Intelligence Pro24 gram.

25 (3) Research and development activities.
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1 (b) COORDINATION WITH THE DMI STAFF.—The

2 Deputy Director of Central Intelligence for Community

3 Management shall coordinate the functions referred to in

4 paragraphs (1) through (3) of subsection (a) with the Di5 rector of Military Intelligence.

6 Subtitle B—National Foreign

7 Intelligence Program

8 SEC. 221. BUDGETS.

9 (a) PREPARATION.—The Deputy Director of Central

10 Intelligence for Community Management, in consultation

11 with the elements of the Intelligence Community, shall

12 prepare the annual budgets of the National Foreign Intel13 ligence Program.

14 (b) APPROVAL OF BUDGETS.—The Director of

15 Central Intelligence shall approve the budgets prepared

16 under subsection (a) before their incorporation in the Na17 tional Foreign Intelligence Program.

18 (c) ACCOUNTING.—The Director of Central Intel19 ligence, acting through the Deputy Director of Central In20 telligence for Community Management, shall budget and

21 account for financial resources on a community-wide basis

22 by the functional categories of collection, processing, ex23 ploitation, analysis, dissemination, and infrastructure.

24 (d) IDENTIFICATION OF CONSTITUENT COMPONENTS

25 OF BASE INTELLIGENCE BUDGET.—The Director of
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1 Central Intelligence shall include in the congressional

2 budget justification materials provided to the congres3 sional intelligence committees in connection with the an4 nual submission of the National Foreign Intelligence Pro5 gram for a fiscal year the same level of budgetary detail

6 for that part of the National Foreign Intelligence Program

7 budget identified as the Base Budget that is provided for

8 that part of such budget identified as Ongoing Initiatives

9 and New Initiatives.

10 SEC. 222. COMPTROLLER FUNCTIONS OF COMMUNITY MAN11 AGEMENT STAFF.

12 (a) EXECUTION REVIEW.—The Community Manage13 ment Staff shall perform budget execution review of ele14 ments of the Intelligence Community and shall have the

15 authority to recommend to the comptroller of the Depart16 ment of Defense that authorized and appropriated intel17 ligence funds be withheld in those instances in which ele18 ments of the Intelligence Community within the Depart19 ment of Defense are not complying with guidance from

20 the Director of Central Intelligence or applicable law.

21 (b) ACCOUNTING SYSTEM.—The Deputy Director of

22 Central Intelligence for Community Management shall es23 tablish and maintain an Intelligence Community-wide

24 automated system for programming, budgeting, account-
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1 ing, and execution review of the National Foreign Intel2 ligence Program.

3 SEC. 223. LIMITATIONS ON TRANSFERS AND

4 REPROGRAMMING.

5 (a) LIMITATION ON NEW USE OF FUNDS AVAILABLE

6 FOR INTELLIGENCE ACTIVITIES.—Funds may not be

7 made available through transfer, reprogramming, or other

8 means between the Central Intelligence Agency or the

9 Clandestine Service and the Department of Defense for

10 any intelligence or special activity different from that pre11 viously justified to the Congress unless the Director of

12 Central Intelligence or the Secretary of Defense notifies

13 in advance the Permanent Select Committee on Intel14 ligence of the House of Representatives, the Select Com15 mittee on Intelligence of the Senate, and the Committees

16 on Appropriations of the Senate and House of Representa17 tives of the intent to make such funds available for such

18 activity.

19 (b) LIMITATION ON AMOUNTS TRANSFERRED.—The

20 amount that may be transferred from any account of an

21 element of the Intelligence Community for any fiscal year

22 may not exceed five percent of the aggregate portion of

23 the National Foreign Intelligence Program budget of that

24 element for that fiscal year.
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1 (c) LIMITATION ON TRANSFER OF FUNDS AVAIL2 ABLE FOR DRUG INTERDICTION OR COUNTER-DRUG PUR3 POSES.—None of the funds available to the Central Intel4 ligence Agency or the Clandestine Service for any fiscal

5 year for drug interdiction and counter-drug activities may

6 be transferred to any other department or agency of the

7 United States except as specifically provided in an appro8 priations law.

9 SEC. 224. TRANSFER OF FUNDS OR PERSONNEL WITHIN

10 THE NATIONAL FOREIGN INTELLIGENCE

11 PROGRAM.

12 (a) GENERAL AUTHORITY.—In addition to any other

13 authorities available under law for such purposes, the Di14 rector of Central Intelligence, with the approval of the Di15 rector of the Office of Management and Budget, may

16 transfer funds appropriated for a program within the Na17 tional Foreign Intelligence Program to another such pro18 gram and, in accordance with procedures to be developed

19 by the Director and the heads of affected departments and

20 agencies, may transfer personnel authorized for an ele21 ment of the Intelligence Community to another such ele22 ment for periods up to a year.

23 (b) CONDITIONS.—A transfer of funds or personnel

24 may be made under this section only if—
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1 (1) the funds or personnel are being transferred

2 to an activity that is a higher priority intelligence

3 activity;

4 (2) the need for funds or personnel for such ac5 tivity is based on unforeseen requirements;

6 (3) the transfer does not involve a transfer of

7 funds to the Reserve for Contingencies of the Direc8 tor of Central Intelligence; and

9 (4) the transfer does not involve a transfer of

10 funds or personnel from the Federal Bureau of In11 vestigation.

12 (c) AVAILABILITY OF TRANSFERRED FUNDS.—

13 Funds transferred under this subsection shall remain

14 available for the same period as the appropriations ac15 count to which such funds are transferred.

16 (d) NOTIFICATION OF CONGRESS.—Any transfer of

17 funds under this section shall be carried out in accordance

18 with existing procedures applicable to reprogramming no19 tifications for the appropriate congressional committees.

20 Any proposed transfer for which notice is given to the ap21 propriate congressional committees shall be accompanied

22 by a report explaining the nature of the proposed transfer

23 and how it satisfies the requirements of this subsection.

24 In addition, the congressional intelligence committees shall

25 be promptly notified of any transfer of funds made pursu-
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1 ant to this subsection in any case in which the transfer

2 would not have otherwise required reprogramming notifi3 cation under procedures in effect as of October 24, 1992.

4 (e) REPORT ON PERSONNEL TRANSFERS.—The Di5 rector shall promptly submit to the congressional intel6 ligence committees and, in the case of the transfer of per7 sonnel to or from the Department of Defense, the Commit8 tee on Armed Services of the Senate and the Committee

9 on National Security of the House of Representatives, a

10 report on any transfer of personnel made pursuant to this

11 section. The Director shall include in any such report an

12 explanation of the nature of the transfer and how it satis13 fies the requirements of this subsection.

14 SEC. 225. LIMITATION ON REPROGRAMMING.

15 No funds made available under the National Foreign

16 Intelligence Program may be reprogrammed by any ele17 ment of the Intelligence Community without the prior ap18 proval of the Director of Central Intelligence except in ac19 cordance with procedures issued by the Director.

20 Subtitle C—Personnel

21 SEC. 231. USE OF PERSONNEL.

22 The Director of Central Intelligence shall, in coordi23 nation with the heads of departments and agencies with

24 elements in the Intelligence Community, institute policies

25 and programs within the Intelligence Community—
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1 (1) to provide for the rotation of personnel be2 tween the elements of the Intelligence Community,

3 where appropriate, and to make such rotated service

4 a factor to be considered for promotion to senior po5 sitions;

6 (2) to consolidate, wherever possible, personnel,

7 administrative, and security programs to reduce the

8 overall costs of these activities within the Intel9 ligence Community;

10 (3) to ensure the maintenance of effective per11 formance evaluation systems with common standards

12 throughout the national Intelligence Community;

13 and

14 (4) to develop a community-wide career develop15 ment program that emphasizes corporate manage16 ment skills.

17 SEC. 232. AUTHORITY TO TERMINATE EMPLOYMENT OF

18 CERTAIN EMPLOYEES.

19 (a) IN GENERAL.—The Director of Central Intel20 ligence may, in the Director’s discretion, terminate the

21 employment of any officer or employee of the Central In22 telligence Agency, the Clandestine Service, or the Commu23 nity Management Staff whenever the Director considers

24 such termination to be necessary or advisable in the inter25 ests of the United States.
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1 (b) OTHER EMPLOYMENT IN THE GOVERNMENT.—

2 Any such termination does not affect the right of the indi3 vidual whose employment is so terminated to seek or ac4 cept employment in any other department or agency of

5 the Government if declared eligible for such employment

6 by the Office of Personnel Management.

7 SEC. 233. INTELLIGENCE COMMUNITY RESERVE.

8 (a) ESTABLISHMENT.—The Director of Central Intel9 ligence shall establish an Intelligence Community Reserve.

10 (b) MEMBERS.—The Intelligence Community Reserve

11 may consist of former or retired personnel of elements of

12 the Intelligence Community and of other qualified individ13 uals, as determined by the Director of Central Intelligence.

14 Each member of the Intelligence Community Reserve shall

15 agree that, during any period of emergency (as determined

16 by the Director), the member shall return to active civilian

17 status within the Intelligence Community and shall per18 form such duties as the Director may assign.

19 (c) MONETARY INCENTIVES.—In order to attract in20 dividuals to become members of the Intelligence Commu21 nity Reserve, the Director, without regard to subchapter

22 IV of chapter 55 of title 5, United States Code, may pro23 vide special monetary incentives to individuals eligible to

24 become members of the Reserve who agree to become

25 members of the Intelligence Community Reserve and to
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1 acquire or retain proficiency in such skills as the Director

2 shall specify.

3 (d) TRAINING AND SUPPORT.—In order to provide

4 training and support for members of the Intelligence Com5 munity Reserve, the Director—

6 (1) may pay all or part of the expenses related

7 to the training of individuals in the Intelligence

8 Community Reserve; and

9 (2) may pay benefits and allowances in accord10 ance with chapters 57 and 59 of title 5, United

11 States Code, to individuals in the Intelligence Com12 munity Reserve who are assigned to training at sites

13 away from their homes or regular places of business.

14 (e) SERVICE AGREEMENTS.—

15 (1) The Director, before providing training

16 under this section to any individual, may obtain an

17 agreement with that individual that—

18 (A) in the case of current employees, per19 tains to continuation of service of the employee,

20 and repayment of the expenses of such training

21 for failure to fulfill the agreement, consistent

22 with the provisions of section 4108 of title 5,

23 United States Code; and

24 (B) in the case of individuals accepted for

25 membership in the Intelligence Community Re-
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1 serve, pertains to return to service when re2 quested, and repayment of the expenses of such

3 training for failure to fulfill the agreement, con4 sistent with the provisions of section 4108 of

5 title 5, United States Code.

6 (2) The Director, under regulations prescribed

7 under this section, may waive, in whole or in part,

8 a right of recovery under an agreement made under

9 this subsection if it is shown that the recovery would

10 be against equity and good conscience or against the

11 public interest.

12 (f) APPLICABILITY OF VOLUNTARY SEPARATION PAY

13 ACT.—

14 (1) Participation in the Intelligence Community

15 Reserve through the receipt of monetary incentives

16 under subsection (c) does not constitute employment

17 with the Government of the United States for pur18 poses of the Central Intelligence Agency Voluntary

19 Separation Pay Act (50 U.S.C. 403–4).

20 (2) Performing service in an active duty status

21 under subsection (d) does constitute employment

22 with the Government of the United States for pur23 poses of the Central Intelligence Agency Voluntary

24 Separation Pay Act (50 U.S.C. 403–4), and the re25 payment requirement of section 2(b) of that Act ap-
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1 plies unless waived in accordance with such section

2 2(b).

3 Subtitle D—Infrastructure Support

4 Office

5 SEC. 241. ESTABLISHMENT OF INFRASTRUCTURE SUPPORT

6 OFFICE.

7 (a) ESTABLISHMENT.—There is within the Intel8 ligence Community the Infrastructure Support Office.

9 (b) DIRECTOR.—The Office shall be headed by a Di10 rector, who shall be appointed by the Director of Central

11 Intelligence.

12 SEC. 242. RESPONSIBILITIES OF DIRECTOR OF THE INFRA13 STRUCTURE SUPPORT OFFICE.

14 (a) IN GENERAL.—Under the direction of the Deputy

15 Director of Central Intelligence for Community Manage16 ment, the Director of the Infrastructure Support Office

17 shall be responsible for administrative and logistical func18 tions relating to infrastructure and services of common

19 concern to elements of the Intelligence Community. Such

20 functions shall include the following:

21 (1) Personnel management.

22 (2) Security.

23 (3) Community-level training.

24 (4) Communications.

25 (5) Automation.
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1 (6) Such additional functions as may be as2 signed by the Director of Central Intelligence.

3 (b) AUTOMATION EQUIPMENT.—The Director of the

4 Infrastructure Support Office shall establish standards

5 and information architectures for automation equipment

6 throughout the Intelligence Community. The Director

7 shall be responsible for life-cycle management, replace8 ment, and upgrading of such equipment.

9 Subtitle E—Intelligence

10 Community Administration

11 SEC. 251. SECRECY AGREEMENTS USED IN INTELLIGENCE

12 ACTIVITIES.

13 Notwithstanding any other provision of law not spe14 cifically referencing this section, a nondisclosure policy

15 form or agreement that is to be executed by a person con16 nected with the conduct of an intelligence or intelligence17 related activity, other than an employee or officer of the

18 United States Government, may contain provisions appro19 priate to the particular activity for which such document

20 is to be used. Such form or agreement shall, at a mini21 mum—

22 (1) require that the person will not disclose any

23 classified information received in the course of such

24 activity unless specifically authorized to do so by the

25 United States Government; and
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1 (2) provide that the form or agreement does not

2 bar—

3 (A) disclosures to Congress; or

4 (B) disclosures to an authorized official of

5 an executive agency that are considered essen6 tial to reporting a violation of United States

7 law.

8 SEC. 252. COORDINATION OF COUNTERINTELLIGENCE

9 MATTERS WITH THE FEDERAL BUREAU OF

10 INVESTIGATION.

11 (a) COORDINATION BY OTHER AGENCIES WITH

12 FBI.—

13 (1) The head of each department or agency

14 within the executive branch shall ensure that the Di15 rector of the Federal Bureau of Investigation is in16 formed immediately of any information, regardless

17 of its origin, which indicates that classified informa18 tion is being, or may have been, disclosed in an un19 authorized manner to a foreign power or an agent

20 of a foreign power.

21 (2) Following the making of a report under

22 paragraph (1), the head of the department or agency

23 making the report shall ensure that the Director of

24 the Federal Bureau of Investigation is consulted

25 with respect to all subsequent actions that may be
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1 undertaken by the department or agency to deter2 mine the source of such unauthorized disclosure.

3 (3) When, after appropriate consultation with

4 the head of the department or agency concerned, the

5 Director of the Federal Bureau of Investigation un6 dertakes investigative activities to determine the

7 source of the unauthorized disclosure, the head of

8 the department or agency concerned shall ensure

9 that the Director is given complete and timely access

10 to the employees and records of that department or

11 agency for purposes of such investigative activities.

12 (b) COORDINATION BY FBI WITH OTHER AGEN13 CIES.—

14 (1) The Director of the Federal Bureau of In15 vestigation shall ensure that when the Bureau ob16 tains espionage information pertaining to the per17 sonnel, operations, or information of another depart18 ment or agency of the executive branch, such infor19 mation is provided through appropriate channels to

20 the head of that department or agency.

21 (2) The Director shall ensure that when the

22 Bureau undertakes an espionage investigation which

23 involves the personnel, operations, or information of

24 another department or agency of the executive

25 branch after a report is provided pursuant to sub-
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1 section (a)(1), the head of that department or agen2 cy is consulted with respect to that investigation.

3 (c) PRESIDENTIAL WAIVER AUTHORITY.—

4 (1) When essential to meet extraordinary cir5 cumstances affecting vital national security interests

6 of the United States as determined by the President,

7 the President may, on a case-by-case basis, waive

8 the requirements of subsection (a) or (b), as they

9 apply to the head of a particular department or

10 agency or to the Director of the Federal Bureau of

11 Investigation.

12 (2) Such a waiver shall be in writing and shall

13 fully state the justification for the waiver.

14 (3) Within 30 days after issuing such a waiver,

15 the President shall notify the congressional intel16 ligence committees that the waiver has been issued

17 and, at that time or as soon thereafter as national

18 security considerations permit, shall provide those

19 committees with a complete explanation of the cir20 cumstances which necessitated the waiver.

21 (d) ANNUAL REPORT.—The Director of the Federal

22 Bureau of Investigation shall, not later than February 1

23 of each year, submit to the congressional intelligence com24 mittees and, in accordance with applicable security proce25 dures, the Committees on the Judiciary of the Senate and
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1 House of Representatives a report with respect to compli2 ance with subsections (a) and (b) during the previous cal3 endar year. Each such report shall be prepared in con4 sultation with the Director of Central Intelligence and the

5 Secretary of Defense.

6 (e) RELATIONSHIP TO DEPARTMENT OF DEFENSE

7 AUTHORITY OVER PERSONS SUBJECT TO UCMJ.—Noth8 ing in this section may be construed to—

9 (1) alter the jurisdictional arrangements in ef10 fect as of October 14, 1994, between the Federal

11 Bureau of Investigation and the Department of De12 fense with respect to investigations of persons sub13 ject to the Uniform Code of Military Justice (chap14 ter 47 of title 10, United States Code); or

15 (2) impose reporting requirements upon the De16 partment of Defense with respect to such investiga17 tions beyond those required by law and executive

18 branch policy as of October 14, 1994.

19 (f) DEFINITIONS.—As used in this section, the terms

20 ‘‘foreign power’’ and ‘‘agent of a foreign power’’ have the

21 meanings set forth in sections 101(a) and 101(b), respec22 tively, of the Foreign Intelligence Surveillance Act of 1978

23 (50 U.S.C. 1801).
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1 SEC. 253. INTELLIGENCE COMMUNITY CONTRACTING.

2 The Director of Central Intelligence shall direct that

3 elements of the Intelligence Community, whenever com4 patible with the national security interests of the United

5 States and consistent with the operational and security

6 concerns related to the conduct of intelligence activities,

7 and where fiscally sound, shall award contracts in a man8 ner that would maximize the procurement of products in

9 the United States.

10 TITLE III—INTELLIGENCE

11 COMMUNITY AGENCIES

12 Subtitle A—Central Intelligence

13 Agency

14 SEC. 301. CENTRAL INTELLIGENCE AGENCY.

15 There is a Central Intelligence Agency. The Central

16 Intelligence Agency is the principal all-source national in17 telligence analytical agency. The Director of Central Intel18 ligence is the head of the Central Intelligence Agency and

19 shall carry out the functions of the Central Intelligence

20 Agency through the Deputy Director of Central Intel21 ligence for the Central Intelligence Agency.

22 SEC. 302. DUTIES OF DIRECTOR OF CENTRAL INTEL23 LIGENCE WITH REGARD TO THE CENTRAL IN24 TELLIGENCE AGENCY.

25 The Director of Central Intelligence, as head of the

26 Central Intelligence Agency, shall—
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1 (1) correlate and evaluate intelligence related to

2 the national security of national intelligence; and

3 (2) provide appropriate dissemination of such

4 intelligence.

5 SEC. 303. FUNCTIONS OF THE CENTRAL INTELLIGENCE

6 AGENCY.

7 The Director of Central Intelligence, as head of the

8 Central Intelligence Agency, shall perform the following

9 functions:

10 (1) Correlating and evaluating intelligence re11 lated to national security collected from all sources

12 available throughout the Intelligence Community

13 and facilitating appropriate dissemination of such

14 intelligence.

15 (2) Coordinating analyses conducted by the ele16 ments of the Intelligence Community and establish17 ing procedures for collaborative all-source analysis.

18 (3) Producing national intelligence estimates.

19 (4) Managing the acquisition and incorporation

20 of all-source intelligence into the community all21 source analytical process.
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1 Subtitle B—The Clandestine

2 Service

3 SEC. 321. THE CLANDESTINE SERVICE.

4 (a) ESTABLISHMENT.—There is within the executive

5 branch of Government an independent entity designated

6 as the Clandestine Service. The Director of Central Intel7 ligence is the head of the Clandestine Service.

8 (b) DIRECTOR.—The Clandestine Service shall be ad9 ministered by a Director, who shall report directly to the

10 Director of Central Intelligence. The Director of the Clan11 destine Service shall be appointed from among intelligence

12 professionals and shall have extensive current or prior ex13 perience within the Intelligence Community. The Director

14 of the Clandestine Service may not be an active-duty mem15 ber of the Armed Forces.

16 (c) DEPUTY DIRECTORS.—

17 (1) There shall be such deputy directors of the

18 Clandestine Service as the Director of Central Intel19 ligence may designate.

20 (2)(A) One of the deputy directors shall be a

21 Deputy Director for Clandestine Military Activities

22 and Support.

23 (B) The Deputy Director for Clandestine Mili24 tary Activities and Support shall be responsible for

25 coordination between the Clandestine Service and
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1 the various military and defense elements of the In2 telligence Community.

3 (C) The Deputy Director for Clandestine Mili4 tary Activities and Support shall be responsible for

5 the functions of the Clandestine Service carried out

6 through elements of the Department of Defense.

7 (D) The Deputy Director for Clandestine Mili8 tary Activities and Support shall be selected from

9 active duty professional military intelligence officers

10 in the grade of major general or rear admiral.

11 SEC. 322. FUNCTIONS OF THE CLANDESTINE SERVICE.

12 (a) IN GENERAL.—The functions to be carried out

13 through the Director of the Clandestine Service are the

14 following:

15 (1) Collecting national intelligence clandestinely

16 through human sources and by other appropriate

17 means, using the elements of the Intelligence Com18 munity authorized to undertake such collection.

19 (2) Ensuring that the most effective use is

20 made of resources authorized for the purposes of

21 paragraph (1) and minimizing the risks to the Unit22 ed States inherent in clandestine collection oper23 ations.

24 (3) Managing the administrative and technical

25 support activities of the Intelligence Community nec-
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1 essary to carrying out clandestine collection and ex2 isting principally to support the activities of the

3 Clandestine Service.

4 (4) Performing such other functions as the Di5 rector of Central Intelligence may direct.

6 (b) CLANDESTINE HUMAN INTELLIGENCE COLLEC7 TION.—All national clandestine human intelligence collec8 tion activities are subject to the authority of the Director

9 of the Clandestine Service, including clandestine human

10 intelligence collection activities of the Department of De11 fense.

12 SEC. 323. APPLICABLE STATUTES.

13 Any reference as of the date of the enactment of this

14 Act to the Central Intelligence Agency in any provision

15 of law, or in any directive, rule, regulation, order, or other

16 document of the United States, shall be treated for all pur17 poses as including a reference to the Clandestine Service.

18 Subtitle C—The National

19 Intelligence Evaluation Council

20 SEC. 331. NATIONAL INTELLIGENCE EVALUATION COUNCIL.

21 (a) ESTABLISHMENT.—There is within the Intel22 ligence Community the National Intelligence Evaluation

23 Council.

24 (b) MEMBERS.—The National Intelligence Evalua25 tion Council shall be composed of senior analysts within
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1 the Intelligence Community and may include substantive

2 experts from the public and private sector. Members of

3 the Council shall be appointed by, report to, and serve at

4 the pleasure of, the Director of Central Intelligence. The

5 Director of Central Intelligence shall appoint the head of

6 the Council from among its members, who shall report di7 rectly to the Director of Central Intelligence.

8 (c) SECURITY REQUIREMENTS.—The Director of

9 Central Intelligence shall prescribe appropriate security

10 requirements for personnel appointed from the private sec11 tor as a condition of service on the Council to ensure the

12 protection of intelligence sources and methods while avoid13 ing, wherever possible, unduly intrusive requirements

14 which the Director considers to be unnecessary for this

15 purpose.

16 SEC. 332. FUNCTIONS OF THE NATIONAL INTELLIGENCE

17 EVALUATION COUNCIL.

18 The National Intelligence Evaluation Council shall

19 evaluate Intelligence Community-wide collection and pro20 duction of intelligence, as well as the requirements and

21 resources for such collection and production. Such evalua22 tion shall be performed in consultation with both Deputy

23 Directors of Central Intelligence and with the Director of

24 Military Intelligence.
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1 SEC. 333. STAFFING OF THE NATIONAL INTELLIGENCE

2 EVALUATION COUNCIL.

3 The Director of Central Intelligence shall make avail4 able to the National Intelligence Evaluation Council such

5 staff as may be necessary to permit the Council to carry

6 out its responsibilities under this subtitle and shall take

7 appropriate measures to ensure that the Council and its

8 staff satisfy the needs of policymaking officials and other

9 consumers of intelligence.

10 TITLE IV—DEPARTMENT OF DE11 FENSE FUNCTIONS IN THE IN12 TELLIGENCE COMMUNITY

13 Subtitle A—Secretary of Defense

14 SEC. 401. OVERALL SECRETARY OF DEFENSE FUNCTIONS.

15 The Secretary of Defense shall perform such intel16 ligence functions as may be directed by the President by

17 Executive order or otherwise.

18 SEC. 402. REQUIREMENT THAT BUDGETS FOR INTEL19 LIGENCE COMPONENTS BE ADEQUATE.

20 The Secretary of Defense shall ensure that the budg21 ets of the elements of the Intelligence Community within

22 the Department of Defense for any fiscal year are ade23 quate to satisfy the overall intelligence needs of the De24 partment of Defense, including—

25 (1) the needs of the chairman of the Joint

26 Chiefs of Staff;
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1 (2) the needs of the commanders of the unified

2 and specified commands; and

3 (3) the needs of other departments and agen4 cies, as appropriate.

5 SEC. 403. IMPLEMENTATION OF DIRECTOR OF CENTRAL IN6 TELLIGENCE POLICIES AND RESOURCE DECI7 SIONS.

8 The Secretary of Defense shall ensure appropriate

9 implementation of the policies and resource decisions of

10 the Director of Central Intelligence by elements of the De11 partment of Defense within the National Foreign Intel12 ligence Program.

13 SEC. 404. RELATIONSHIP OF NFIP ACTIVITIES TO TACTICAL

14 INTELLIGENCE ACTIVITIES.

15 The Secretary of Defense shall ensure that the tac16 tical intelligence activities of the Department of Defense

17 complement, and are compatible with, intelligence activi18 ties under the National Foreign Intelligence Program. The

19 Secretary shall carry out this section through the Director

20 of Military Intelligence.

21 SEC. 405. RESPONSIVENESS TO OPERATIONAL MILITARY

22 FORCES.

23 The Secretary of Defense shall ensure that the ele24 ments of the Intelligence Community within the Depart-
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1 ment of Defense are responsive and timely with respect

2 to satisfying the needs of operational military forces.

3 SEC. 406. ELIMINATION OF WASTE AND UNNECESSARY DU4 PLICATION.

5 The Secretary of Defense shall eliminate waste and

6 unnecessary duplication among the intelligence activities

7 of the Department of Defense.

8 SEC. 407. JOINT AND CORPORATE CONDUCT OF DEFENSE

9 INTELLIGENCE ACTIVITIES.

10 The Secretary of Defense shall ensure that, when ap11 propriate, intelligence activities of the Department of De12 fense are conducted (1) jointly, and (2) cooperatively with

13 elements of the Intelligence Community outside the De14 partment of Defense.

15 SEC. 408. USE OF ELEMENTS OF DEPARTMENT OF DE16 FENSE.

17 The Secretary of Defense, in carrying out the func18 tions of the Secretary under this Act, may use such ele19 ments of the Department of Defense as may be appro20 priate for the execution of those functions, in addition to,

21 or in lieu of, the elements specifically identified in this Act

22 for the performance of those functions.
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1 Subtitle B—Director of Military

2 Intelligence

3 SEC. 421. DIRECTOR OF MILITARY INTELLIGENCE.

4 (a) ESTABLISHMENT OF POSITION.—There is a Di5 rector of Military Intelligence, appointed by the President,

6 by and with the advice and consent of the Senate, from

7 the officers of the regular components of the Armed

8 Forces on active duty. The Director, while so serving,

9 holds the grade of lieutenant general or vice admiral.

10 (b) NOMINATION.—A recommendation by the Sec11 retary of Defense to the President for appointment of an

12 officer as Director of Military Intelligence may be made

13 only with the concurrence of the Director of Central Intel14 ligence.

15 SEC. 422. FUNCTIONS OF THE DIRECTOR OF MILITARY IN16 TELLIGENCE.

17 (a) SENIOR MILITARY INTELLIGENCE ADVISER.—

18 The Director of Military Intelligence is the senior military

19 intelligence adviser to the Secretary of Defense.

20 (b) DIRECTOR OF DIA.—The Director of Military In21 telligence is the Director of the Defense Intelligence Agen22 cy.

23 (c) PROGRAM MANAGER FOR JMIP.—The Director

24 of Military Intelligence is the program manager for the
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1 Joint Military Intelligence Program (or any successor pro2 gram).

3 (d) PROGRAM COORDINATOR FOR TIARA.—The Di4 rector of Military Intelligence is the program coordinator

5 for the activities in the Department of Defense known as

6 Tactical Intelligence and Related Activities (TIARA).

7 SEC. 423. ROLE OF DIRECTOR OF MILITARY INTELLIGENCE

8 IN THE INTELLIGENCE COMMUNITY.

9 (a) NATIONAL INTELLIGENCE.—The Director of

10 Military Intelligence, as director of the Defense Intel11 ligence Agency, is accountable to the Director of Central

12 Intelligence in matters relative to the collection and pros13 ecution of national intelligence.

14 (b) INTELLIGENCE REQUIREMENTS OF THE SEC15 RETARY OF DEFENSE AND THE JOINT CHIEFS OF

16 STAFF.—The Director of Military Intelligence shall be re17 sponsible for ensuring that the intelligence requirements

18 of the Secretary of Defense and the Joint Chiefs of Staff

19 are met.

20 SEC. 424. PLANNING AND BUDGET FUNCTIONS.

21 (a) JMIP RESPONSIBILITY.—The Director of Mili22 tary Intelligence is responsible within the Department of

23 Defense for development and submission of the Joint Mili24 tary Intelligence Program for any fiscal year.
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1 (b) TIARA RESPONSIBILITY.—The Director is re2 sponsible within the Department of Defense for coordina3 tion of the development and submission of the budget for

4 any fiscal year for programs, projects, and activities in5 cluded within Tactical Intelligence and Related Activities.

6 (c) OVERALL BUDGET COORDINATION.—The Direc7 tor is the central point of contact in the Department of

8 Defense for budget coordination with the Deputy Director

9 of Central Intelligence for Community Management relat10 ing to the development and submission of the National

11 Foreign Intelligence Program for any fiscal year.

12 SEC. 425. STAFF.

13 The Director of Military Intelligence shall have a

14 staff sufficient to enable the Director to carry out the

15 functions of the Director, including responsibilities with

16 respect to budget development, planning, programming,

17 and coordination. The Director shall ensure that the staff

18 acts in a coordinated and corporate way with the Commu19 nity Management Staff and the Infrastructure Support

20 Office.
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1 Subtitle C—The Military

2 Departments

3 SEC. 441. INTELLIGENCE CAPABILITIES OF THE MILITARY

4 DEPARTMENTS.

5 (a) REQUIREMENT FOR MAINTENANCE OF CAPABILI6 TIES.—Under the direction of the Secretary of Defense,

7 the Secretaries of the military departments shall maintain

8 sufficient capabilities to collect and produce intelligence to

9 meet—

10 (1) the requirements of the Director of Central

11 Intelligence;

12 (2) the requirements of the Secretary of De13 fense or the Chairman of the Joint Chiefs of Staff;

14 and

15 (3) the specialized requirements of the military

16 departments for intelligence necessary to support—

17 (A) tactical commanders;

18 (B) military planners;

19 (C) the research and development process;

20 (D) the acquisition of military equipment;

21 and

22 (E) training and doctrine.

23 (b) LEVEL AND FORM OF CAPABILITIES TO BE

24 MAINTAINED.—The Secretaries of the military depart25 ments shall ensure that the capabilities maintained pursu-
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1 ant to subsection (a) do not exceed that which is necessary

2 to satisfy the requirements of their respective depart3 ments. To the extent feasible, the Secretaries shall provide

4 for such capabilities to be maintained jointly and in the

5 most efficient and cost-effective form.

6 Subtitle D—Planning and

7 Budgeting

8 SEC. 451. JOINT MILITARY INTELLIGENCE PROGRAM.

9 (a) IN GENERAL.—The Joint Military Intelligence

10 Program consists of those programs, projects, and activi11 ties of the Department of Defense that are intended to

12 provide intelligence, surveillance, and reconnaissance ca13 pabilities that support multiple defense-wide or joint thea14 ter-level consumers.

15 (b) COMPONENTS.—The Joint Military Intelligence

16 Program includes the programs, projects, and activities

17 that as of the date of the enactment of this Act are des18 ignated as follows:

19 (1) The Defense Imagery Program.

20 (2) The Defense Cryptologic Program.

21 (3) The Defense Mapping, Charting, and Geod22 esy Program.

23 (4) The Defense General Intelligence Applica24 tions Program, including—
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1 (A) the Defense Airborne Reconnaissance

2 Program;

3 (B) the Defense Space Reconnaissance

4 Program;

5 (C) the Defense Intelligence Counterdrug

6 Program;

7 (D) the Defense Intelligence Tactical Pro8 gram; and

9 (E) the Defense Intelligence Special Tech10 nologies Program.

11 (c) ADDITIONAL COMPONENTS.—The Joint Military

12 Intelligence Program includes such additional programs,

13 projects, and activities as are specified by law or are des14 ignated by the Secretary of Defense.

15 SEC. 452. TACTICAL INTELLIGENCE AND RELATED ACTIVI16 TIES (TIARA).

17 (a) IN GENERAL.—The set of programs, projects,

18 and activities in the Department of Defense referred to

19 as Tactical Intelligence and Related Activities are those

20 programs, projects, and activities of the Department of

21 Defense that—

22 (1) provide intelligence, surveillance, and recon23 naissance capabilities that are unique to one of the

24 military services; and
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1 (2) are part of a force structure organic to one

2 of the military services at the component level and

3 below.

4 (b) INCLUDED PERSONNEL ACTIVITIES.—Those ac5 tivities include activities that train personnel for intel6 ligence duties or provide an intelligence reserve.

7 (c) CERTAIN WEAPONS TARGETING PROGRAMS EX8 CLUDED.—Those activities do not include programs that

9 are so closely integrated with a weapons system that their

10 primary function is to provide immediate-use targeting

11 data.

12 SEC. 453. NOTICE TO CONGRESS OF CHANGES IN JMIP AND

13 TIARA.

14 The Secretary of Defense may not add to or remove

15 program elements from (other than a change provided by

16 law) the Joint Military Intelligence Program or the Tac17 tical Intelligence and Related Activities aggregation for

18 any fiscal year unless the Secretary included notice of the

19 proposed change with the budget justification materials

20 submitted to the congressional intelligence committees for

21 the preceding fiscal year. The Secretary shall include with

22 any such notice a statement providing an explanation and

23 justification for the proposed change.
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1 TITLE V—DEPARTMENT OF DE2 FENSE AGENCIES IN THE IN3 TELLIGENCE COMMUNITY

4 Subtitle A—Defense Intelligence

5 Agency

6 SEC. 501. DEFENSE INTELLIGENCE AGENCY GENERALLY.

7 (a) IN GENERAL.—There is within the Department

8 of Defense a Defense Agency designated as the Defense

9 Intelligence Agency. The Director of Military Intelligence

10 is the head of the Defense Intelligence Agency.

11 (b) SUPERVISION.—The Director of Military Intel12 ligence shall carry out the Director’s responsibilities as

13 head of the Defense Intelligence Agency under the direc14 tion of the Secretary of Defense and subject to the author15 ity and guidance of the Director of Central Intelligence

16 for those activities that support national intelligence re17 quirements.

18 SEC. 502. FUNCTIONS OF THE DEFENSE INTELLIGENCE

19 AGENCY.

20 (a) PRODUCTION.—The Director of Military Intel21 ligence, in the Director’s capacity as head of the Defense

22 Intelligence Agency, shall produce timely, objective mili23 tary and military-related intelligence, independent of polit24 ical considerations or bias and based upon all sources

25 available to the Intelligence Community.
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1 (b) DISSEMINATION OF INTELLIGENCE.—The Direc2 tor shall ensure the appropriate dissemination of intel3 ligence produced pursuant to subsection (a) to authorized

4 recipients.

5 (c) MANAGEMENT OF JOINT INTELLIGENCE CEN6 TER.—The Director shall manage the Joint Intelligence

7 Center as provided by section 923 of Public Law 102–

8 190 (10 U.S.C. 201 note; 105 Stat. 1453).

9 (d) COORDINATION.—The Director shall coordinate

10 the exercise pursuant to section 924 of Public Law 102–

11 190 (10 U.S.C. 113 note; 105 Stat. 1454) of national in12 telligence collections systems and exploitation organiza13 tions that would be used to provide intelligence support,

14 including support of the combatant commands, during a

15 crisis or conflict.

16 (e) DEFENSE ATTACHE SYSTEM.—The Director shall

17 manage the Defense Attache system.

18 (f) ADDITIONAL FUNCTIONS.—The Director shall

19 perform such additional services of common concern to the

20 intelligence elements of the Department of Defense as the

21 Secretary of Defense determines can be more efficiently

22 accomplished centrally.
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1 Subtitle B—Technical Collection

2 Agency

3 SEC. 521. ESTABLISHMENT OF TECHNICAL COLLECTION

4 AGENCY.

5 (a) ESTABLISHMENT OF AGENCY.—There is within

6 the Department of Defense a Defense Agency designated

7 as the Technical Collection Agency. The mission of the

8 Technical Collection Agency is to collect, and to carry out

9 exploitation of, all forms of intelligence other than human

10 intelligence and open-source intelligence, including the fol11 lowing:

12 (1) SIGINT.—Signals Intelligence.

13 (2) IMINT.—Imagery Intelligence.

14 (3) MASINT.—Measurement and Signatures In15 telligence.

16 (b) DIRECTOR.—The Director of the Technical Col17 lection Agency may be a civilian employee of the Depart18 ment of Defense or an officer of the Armed Forces on

19 active duty. If the Director is a civilian, or an officer of

20 the Armed Forces in a grade below lieutenant general or

21 vice admiral, the Director shall be appointed by the Sec22 retary of Defense, with the concurrence of the Director

23 of Central Intelligence. If the Director is an officer of the

24 Armed Forces to be appointed by the President under sec25 tion 601 of title 10, United States Code, to serve as Direc-
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1 tor in the grade of lieutenant general or vice admiral (or

2 above), the Secretary of Defense may submit a rec3 ommendation to the President for such appointment only

4 with the concurrence of the Director of Central Intel5 ligence.

6 (c) SUPERVISION OF DIRECTOR.—The Director car7 ries out the Director’s duties under the direction of the

8 Secretary of Defense. The Director’s duties include sup9 porting requirements for national intelligence, and the Di10 rector shall carry out those duties subject to tasking by

11 the Director of Central Intelligence.

12 SEC. 522. SIGINT, IMINT, AND MASINT FUNCTIONS.

13 The Director of the Technical Collection Agency shall

14 be responsible for—

15 (1) the establishing and giving direction for the

16 conduct of technical collection intelligence activities,

17 including signals intelligence (SIGINT), imagery in18 telligence (IMINT), and measurement and signa19 tures intelligence (MASINT);

20 (2) the first-phase (or initial) exploitation of the

21 results of such collection;

22 (3) the dissemination of the product of such

23 collection in a timely manner to authorized recipi24 ents within the Government; and
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1 (4) the development of processing and exploi2 tation technologies to support these functions.

3 SEC. 523. RECONNAISSANCE SYSTEMS.

4 The Director of the Technical Collection Agency shall

5 serve as the sole agent within the Intelligence Community

6 for—

7 (1) the specification of technical requirements

8 for such reconnaissance systems as may be needed

9 to meet the signals intelligence, imagery intelligence,

10 and measurement and signatures intelligence collec11 tion requirements of the Intelligence Community;

12 and

13 (2) the operation and final disposition of such

14 systems.

15 SEC. 524. APPLICABLE STATUTES.

16 Any reference to the National Security Agency in any

17 provision of law, or in any directive, rule, regulation,

18 order, or other document of the United States, shall be

19 treated for all purposes as referring to the Technical Col20 lection Agency.
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1 Subtitle C—Technology

2 Development Office

3 SEC. 531. ESTABLISHMENT OF THE TECHNOLOGY DEVEL4 OPMENT OFFICE.

5 (a) ESTABLISHMENT.—There is within the Depart6 ment of Defense a Technology Development Office, which

7 shall be headed by a Director.

8 (b) DIRECTOR.—The Director of the Technology De9 velopment Office may be a civilian employee of the Depart10 ment of Defense or an officer of the Armed Forces on

11 active duty. If the Director is a civilian, or an officer of

12 the Armed Forces in a grade below lieutenant general or

13 vice admiral, the Director shall be appointed by the Sec14 retary of Defense, with the concurrence of the Director

15 of Central Intelligence. If the Director is an officer of the

16 Armed Forces to be appointed by the President under sec17 tion 601 of title 10, United States Code, to serve as Direc18 tor in the grade of lieutenant general or vice admiral (or

19 above), the Secretary of Defense may submit a rec20 ommendation to the President for such appointment only

21 with the concurrence of the Director of Central Intel22 ligence.

23 (c) MILITARY OFFICER SERVING AS DIRECTOR.—If

24 the position of Director of the Technology Development

25 Office is held by an officer of the Armed Forces on the
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1 active-duty list, the officer while so serving shall hold the

2 grade of lieutenant general or vice admiral.

3 (d) SUPERVISION.—The Director of the Technology

4 Development Office carries out the Director’s duties sub5 ject to the direction of the Secretary of Defense. The Di6 rector shall carry out those duties to support the needs

7 for national intelligence and is subject to tasking by the

8 Director of Central Intelligence.

9 SEC. 532. RESPONSIBILITIES FOR SATELLITE RECONNAIS10 SANCE SYSTEMS.

11 The Director of the Technology Development Office

12 shall serve as the sole agent within the Intelligence Com13 munity for the conduct of research, development, test, and

14 evaluation, for procurement, and for launch of satellite re15 connaissance systems that may be required to satisfy the

16 intelligence collection requirements of the Intelligence

17 Community.

18 SEC. 533. ACQUISITION AND OPERATION OF OTHER RECON19 NAISSANCE AND SENSOR SYSTEMS.

20 The Director of the Technology Development Office

21 shall function as the primary agent within the Intelligence

22 Community for the conduct of research, development, test,

23 evaluation and for procurement of reconnaissance, surveil24 lance, and sensor systems, including airborne and mari25 time reconnaissance capabilities within the National For-
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1 eign Intelligence Program and the Joint Military Intel2 ligence Program.

3 SEC. 534. APPLICABLE LAWS.

4 The provisions of section 8 of the Central Intelligence

5 Agency Act of 1949 (50 U.S.C. 403j) shall apply to the

6 funds appropriated for the Technology Development Of7 fice through the National Foreign Intelligence Program in

8 the same manner as those provisions apply to funds appro9 priated for the Central Intelligence Agency.

10 TITLE VI—NATIONAL SECURITY

11 COUNCIL AND RELATED

12 BOARDS AND COMMITTEES

13 SEC. 601. RECODIFICATION OF LAWS RELATING TO NA14 TIONAL SECURITY COUNCIL AND RELATED

15 BOARDS AND COMMITTEES IN EXECUTIVE

16 OFFICE OF THE PRESIDENT.

17 Title I of the National Security Act of 1947 is

18 amended by striking out the title heading and sections 101

19 through 107 and inserting in lieu thereof the following:
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1 ‘‘TITLE I—NATIONAL SECURITY

2 COUNCIL AND RELATED

3 BOARDS AND COMMITTEES

4 ‘‘SEC. 101. NATIONAL SECURITY COUNCIL.

5 ‘‘(a) IN GENERAL.—There is in the Executive Office

6 of the President the National Security Council. The Coun7 cil is composed of the following:

8 ‘‘(1) The President.

9 ‘‘(2) The Vice President.

10 ‘‘(3) The Secretary of State.

11 ‘‘(4) The Secretary of Defense.

12 ‘‘(b) ADDITIONAL PARTICIPANTS.—Subject to the di13 rection of the President, the following officers may attend

14 and participate in meetings of the National Security Coun15 cil:

16 ‘‘(1) DIRECTOR OF CENTRAL INTELLIGENCE.—

17 The Director of Central Intelligence (or, in the Di18 rector’s absence, a Deputy Director of Central Intel19 ligence), in the performance of the Director’s duties

20 under this Act and the Intelligence Community Act.

21 ‘‘(2) CHAIRMAN OF THE JOINT CHIEFS OF

22 STAFF.—The Chairman (or, in the Chairman’s ab23 sence, the Vice Chairman) of the Joint Chiefs of

24 Staff, in the Chairman’s role as principal military

25 adviser to the National Security Council.
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1 ‘‘(3) DIRECTOR OF NATIONAL DRUG CONTROL

2 POLICY.—The Director of National Drug Control

3 Policy, in the Director’s role as principal adviser to

4 the National Security Council on national drug con5 trol policy, but only through the date specified in

6 section 1009 of the National Narcotics Leadership

7 Act of 1988 (21 U.S.C. 1506).

8 ‘‘(4) OTHERS DESIGNATED BY THE PRESI9 DENT.—Such additional officers as may be des10 ignated by the President.

11 ‘‘(c) FUNCTIONS.—The function of the Council shall

12 be to advise the President with respect to the integration

13 of domestic, foreign, and military policies relating to the

14 national security so as to enable the military services and

15 the other departments and agencies of the Government to

16 cooperate more effectively in matters involving the na17 tional security. In addition to performing such other func18 tions as the President may direct, the Council (subject to

19 the direction of the President) shall, for the purpose of

20 more effectively coordinating the policies and functions of

21 the departments and agencies of the Government relating

22 to the national security—

23 ‘‘(1) assess and appraise the objectives, commit24 ments, and risks of the United States in relation to

25 our actual and potential military power, in the inter-
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1 est of national security, for the purpose of making

2 recommendations to the President in connection

3 therewith; and

4 ‘‘(2) consider policies on matters of common in5 terest to the departments and agencies of the Gov6 ernment concerned with the national security and

7 make recommendations to the President in connec8 tion therewith.

9 ‘‘(d) RECOMMENDATIONS AND REPORTS.—The

10 Council shall, from time to time, make such recommenda11 tions and such other reports to the President as it consid12 ers appropriate or as the President may require.

13 ‘‘(e) STAFF.—The Council shall have a staff to be

14 headed by a civilian executive secretary who shall be ap15 pointed by the President. The executive secretary, subject

16 to the direction of the Council, may subject to the civil17 service laws, appoint and fix the compensation of such per18 sonnel as may be necessary to perform such duties as may

19 be prescribed by the Council in connection with the per20 formance of its functions.

21 ‘‘SEC. 104. BOARD FOR LOW INTENSITY CONFLICT.

22 ‘‘(a) ESTABLISHMENT OF BOARD.—The President

23 shall establish within the National Security Council a

24 board to be known as the ‘Board for Low Intensity Con25 flict’.
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1 ‘‘(b) FUNCTION.—The principal function of the board

2 shall be to coordinate the policies of the United States for

3 low intensity conflict.

4 ‘‘SEC. 105. NATIONAL COUNTERINTELLIGENCE POLICY

5 BOARD.

6 ‘‘(a) ESTABLISHMENT OF BOARD.—There is within

7 the executive branch of the Government a National Coun8 terintelligence Policy Board. The Board shall report to the

9 President through the National Security Council.

10 ‘‘(b) FUNCTION OF THE BOARD.—The Board shall

11 serve as the principal mechanism for—

12 ‘‘(1) developing policies and procedures for the

13 approval of the President to govern the conduct of

14 counterintelligence activities; and

15 ‘‘(2) resolving conflicts, as directed by the

16 President, which may arise between elements of the

17 Government which carry out such activities.’’.

18 SEC. 602. COMMITTEE ON FOREIGN INTELLIGENCE.

19 Title I of the National Security Act of 1947, as

20 amended by section 601, is further amended by inserting

21 after section 101 the following new section 103:

22 ‘‘SEC. 103. COMMITTEE ON FOREIGN INTELLIGENCE.

23 ‘‘(a) ESTABLISHMENT OF COMMITTEE.—There is es24 tablished within the National Security Council a Commit-
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1 tee on Foreign Intelligence. The Committee shall be com2 posed of the following:

3 ‘‘(1) The Assistant to the President for Na4 tional Security Affairs, who shall serve as chairman

5 of the Committee.

6 ‘‘(2) The following officers or their respective

7 deputies:

8 ‘‘(A) The Director of Central Intelligence.

9 ‘‘(B) The Secretary of State.

10 ‘‘(C) The Secretary of Defense.

11 ‘‘(D) The Attorney General.

12 ‘‘(E) The Chairman of the Joint Chiefs of

13 Staff.

14 ‘‘(3) Such other members as the President may

15 designate.

16 ‘‘(b) FUNCTION.—The function of the Committee on

17 Foreign Intelligence shall be—

18 ‘‘(1) to establish, consistent with the policy and

19 objectives of the President, the overall requirements

20 and priorities for the Intelligence Community; and

21 ‘‘(2) to assess regularly, on behalf of the Presi22 dent, how effectively the Intelligence Community has

23 performed its responsibilities under this Act and the

24 Intelligence Community Act.
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1 ‘‘(c) SEMIANNUAL STRATEGIC INTELLIGENCE RE2 VIEW PROCESS WITH CONGRESS.—Not less often than

3 every six months, the Committee on Foreign Intelligence

4 shall convene a meeting with the members of the congres5 sional intelligence committees to conduct a comprehensive,

6 global strategic intelligence review. Each semiannual

7 meeting shall review significant strategic intelligence

8 trends, strategic intelligence reporting, and anticipated In9 telligence Community requirements for the following six

10 to twelve months.’’.

11 SEC. 603. PROHIBITION OF DIRECT PARTICIPATION BY NA12 TIONAL SECURITY COUNCIL STAFF IN EXECU13 TION OF INTELLIGENCE OPERATIONS.

14 Title I of the National Security Act of 1947, as

15 amended by sections 601 and 602, is further amended by

16 inserting after section 101 the following new section 102:

17 ‘‘SEC. 102. PROHIBITION OF DIRECT PARTICIPATION BY

18 NSC STAFF IN EXECUTION OF INTELLIGENCE

19 OPERATIONS.

20 ‘‘An employee of, or an individual detailed or as21 signed to the staff of, the National Security Council may

22 not participate directly in the execution of an intelligence

23 operation.’’.
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1 TITLE VII—TECHNICAL AND

2 CONFORMING AMENDMENTS

3 Subtitle A—Amendments Related

4 to Creation of Technical Collec5 tion Agency

6 SEC. 701. ROLE AS DEFENSE AGENCY.

7 (a) OVERSIGHT OF DEFENSE AGENCIES BY SEC8 RETARY OF DEFENSE.—Section 192 of title 10, United

9 States Code, is amended by striking out ‘‘National Secu10 rity Agency’’ each place it appears in subsections(a)(3)

11 and (c))(2) and inserting in lieu thereof ‘‘Technical Collec12 tion Agency’’.

13 (b) STATUS AS COMBAT SUPPORT AGENCY.—Section

14 193 of title 10, United States Code, is amended—

15 (1) by striking out ‘‘National Security Agency’’

16 each place it appears and inserting in lieu thereof

17 ‘‘Technical Collection Agency’’;

18 (2) by striking out ‘‘NATIONAL SECURITY

19 AGENCY’’ in the heading for subsection (d) and in20 serting in lieu thereof ‘‘TECHNICAL COLLECTION

21 AGENCY’’; and

22 (3) by striking out ‘‘NSA’’ in the heading for

23 subsection (e) and inserting in lieu thereof ‘‘TCA’’.

24 (c) APPLICABILITY OF PERSONNEL LIMITATIONS.—

25 Section 194(d) of title 10, United States Code, is amended
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1 by striking out ‘‘EXCLUSION’’ and all that follows through

2 ‘‘shall’’ and inserting in lieu thereof ‘‘EXCLUSION OF

3 TCA.—The Technical Collection Agency shall’’.

4 SEC. 702. RESTATEMENT OF NATIONAL SECURITY AGENCY

5 ACT OF 1959.

6 The National Security Agency Act of 1959 (50

7 U.S.C. 402 note) is amended to read as follows:

8 ‘‘SECTION 1. SHORT TITLE.

9 ‘‘This Act may be cited as the ‘Technical Collection

10 Agency Act of 1996’.

11 ‘‘SEC. 2. GENERAL PERSONNEL AUTHORITY.

12 ‘‘(a) AUTHORITY TO ESTABLISH POSITIONS AND AP13 POINT EMPLOYEES.—The Secretary of Defense—

14 ‘‘(1) may establish such positions in the Tech15 nical Collection Agency as may be necessary to carry

16 out the functions of such agency; and

17 ‘‘(2) may appoint thereto, without regard to the

18 civil service laws, officers and employees.

19 ‘‘(b) PAY.—The rates of basic pay for such positions

20 shall be fixed by the Secretary of Defense in relation to

21 the rates of basic pay provided for in subpart D of part

22 III of title 5, United States Code, for positions subject

23 to that title which have corresponding levels of duties and

24 responsibilities. Except as otherwise provided by law, no

25 officer or employee of the Technical Collection Agency
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1 may be paid basic pay at a rate in excess of the maximum

2 rate payable under section 5376 of such title, and not

3 more than 70 such officers and employees may be paid

4 within the range of rates authorized in section 5376 of

5 such title.

6 ‘‘SEC. 3. OTHER COMPENSATION, BENEFITS, INCENTIVES,

7 AND ALLOWANCES.

8 ‘‘The Secretary of Defense may provide officers and

9 employees of the Technical Collection Agency compensa10 tion (in addition to basic pay), benefits, incentives, and

11 allowances which are consistent with, and do not exceed

12 the levels authorized for, such compensation, benefits, in13 centives, or allowances by title 5, United States Code.

14 ‘‘SEC. 4. PROFESSIONAL ENGINEERING AND SCIENTIFIC

15 POSITIONS.

16 ‘‘(a) AUTHORITY TO ESTABLISH POSITIONS.—The

17 Secretary of Defense may—

18 ‘‘(1) establish in the Technical Collection Agen19 cy (A) professional engineering positions primarily

20 concerned with research and development, and (B)

21 professional positions in the physical and natural

22 sciences, medicine, and cryptology; and

23 ‘‘(2) fix the respective rates of pay of such posi24 tions at rates equal to rates of basic pay contained

25 in grades 16, 17, and 18 of the General Schedule
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1 set forth in section 5332 of title 5, United States

2 Code.

3 ‘‘(b) APPLICABILITY OF MAXIMUM NUMBER FOR

4 WHOM PAY RATES MAY BE PAID.—Officers and employ5 ees appointed to positions established under this section

6 shall be in addition to the number of officers and employ7 ees appointed to positions under section 2 of this Act who

8 may be paid at rates equal to rates of basic pay contained

9 in grades 16, 17, and 18 of the General Schedule.

10 ‘‘SEC. 5. AUTHORITY FOR ADDITIONAL COMPENSATION

11 FOR CERTAIN EMPLOYEES.

12 ‘‘Officers and employees of the Technical Collection

13 Agency who are citizens or nationals of the United States

14 may be granted additional compensation, in accordance

15 with regulations which shall be prescribed by the Secretary

16 of Defense, not in excess of additional compensation au17 thorized by section 5941 of title 5, United States Code,

18 for employees whose rates of basic compensation are fixed

19 by statute.

20 ‘‘SEC. 6. PROTECTION OF IDENTITIES OF EMPLOYEES.

21 ‘‘(a) NONDISCLOSURE OF ORGANIZATION, FUNC22 TIONS, OR PERSONNEL OF AGENCY.—Except as provided

23 in subsection (b), nothing in this Act or any other law

24 shall be construed to require the disclosure of the organi25 zation or any function of the Technical Collection Agency,
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1 of any information with respect to the activities thereof,

2 or of the names, titles, salaries, or number of the persons

3 employed by such agency.

4 ‘‘(b) APPLICABILITY OF CERTAIN REPORTING RE5 QUIREMENTS.—The reporting requirements of section

6 1582 of title 10, United States Code, shall apply to posi7 tions established in the Technical Collection Agency in the

8 manner provided by section 4 of this Act.

9 ‘‘SEC. 7. AUTHORITY TO LEASE REAL PROPERTY OUTSIDE

10 THE UNITED STATES.

11 ‘‘(a) AUTHORITY.—Notwithstanding section 322 of

12 the Act of June 30, 1932 (40 U.S.C. 278a), section 5536

13 of title 5, United States Code, and section 2675 of title

14 10, United States Code, the Director of the Technical Col15 lection Agency, on behalf of the Secretary of Defense, may

16 lease real property outside the United States, for periods

17 not exceeding ten years, for the use of the Technical Col18 lection Agency for special cryptologic activities and for

19 housing for personnel assigned to such activities.

20 ‘‘(b) LIMITATION TO APPROPRIATED FUNDS.—The

21 authority of the Director of the Technical Collection Agen22 cy, on behalf of the Secretary of Defense, to make pay23 ments under subsection (a), and under contracts for leases

24 entered into under subsection (a), is effective for any fiscal
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1 year only to the extent that appropriated funds are avail2 able for such purpose.

3 ‘‘SEC. 8. BENEFITS FOR PERSONNEL ASSIGNED TO SPECIAL

4 CRYPTOLOGIC ACTIVITIES OUTSIDE THE

5 UNITED STATES.

6 ‘‘(a) AUTHORITY TO PROVIDE CERTAIN BENE7 FITS.—The Director of the Technical Collection Agency,

8 on behalf of the Secretary of Defense, may provide to cer9 tain civilian and military personnel of the Department of

10 Defense who are assigned to special cryptologic activities

11 outside the United States and who are designated by the

12 Secretary of Defense for the purposes of this subsection

13 the following:

14 ‘‘(1) Allowances and benefits—

15 ‘‘(A) comparable to those provided by the

16 Secretary of State to members of the Foreign

17 Service under chapter 9 of title I of the Foreign

18 Service Act of 1980 (22 U.S.C. 4081 et seq.)

19 or any other provision of law; and

20 ‘‘(B) in the case of selected personnel serv21 ing in circumstances similar to those in which

22 personnel of the Central Intelligence Agency

23 serve, comparable to those provided by the Di24 rector of Central Intelligence to personnel of

25 the Central Intelligence Agency.
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1 ‘‘(2) Housing (including heat, light, and house2 hold equipment) without cost to such personnel, if

3 the Director of the Technical Collection Agency, on

4 behalf of the Secretary of Defense, determines that

5 it would be in the public interest to provide such

6 housing.

7 ‘‘(3) Special retirement accrual in the same

8 manner provided in section 303 of the Central Intel9 ligence Agency Retirement Act (50 U.S.C. 2153)

10 and in section 18 of the Central Intelligence Agency

11 Act of 1949.

12 ‘‘(b) LIMITATION TO APPROPRIATED FUNDS.—The

13 authority of the Director of the Technical Collection Agen14 cy, on behalf of the Secretary of Defense, to make pay15 ments under subsection (a) is effective for any fiscal year

16 only to the extent that appropriated funds are available

17 for such purpose.

18 ‘‘(c) PROHIBITION OF DUPLICATION OF BENE19 FITS.—Members of the Armed Forces may not receive

20 benefits under both subsection (a)(1) and title 37, United

21 States Code, for the same purpose. The Secretary of De22 fense shall prescribe such regulations as may be necessary

23 to carry out this subsection.

24 ‘‘(d) REGULATIONS.—Regulations prescribed under

25 subsection (a)(1) shall be submitted to the Permanent Se-
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1 lect Committee on Intelligence of the House of Represent2 atives and the Select Committee on Intelligence of the

3 Senate before such regulations take effect.

4 ‘‘SEC. 9. LANGUAGE TRAINING FOR CRYPTOLOGIC PERSON5 NEL.

6 ‘‘(a) LANGUAGE TRAINING PROGRAMS.—The Direc7 tor of the Technical Collection Agency shall arrange for,

8 and shall prescribe regulations concerning, language and

9 language-related training programs for military and civil10 ian cryptologic personnel. In establishing programs under

11 this section for language and language-related training,

12 the Director—

13 ‘‘(1) may provide for the training and instruc14 tion to be furnished, including functional and geo15 graphic area specializations;

16 ‘‘(2) may arrange for training and instruction

17 through other Government agencies and, in any case

18 in which appropriate training or instruction is un19 available through Government facilities, through

20 nongovernmental facilities that furnish training and

21 instruction useful in the fields of language and for22 eign affairs;

23 ‘‘(3) may support programs that furnish nec24 essary language and language-related skills, includ25 ing, in any case in which appropriate programs are
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1 unavailable at Government facilities, support

2 through contracts, grants, or cooperation with non3 governmental educational institutions; and

4 ‘‘(4) may obtain by appointment or contract the

5 services of individuals to serve as language instruc6 tors, linguists, or special language project personnel.

7 ‘‘(b) FOREIGN LANGUAGE PROFICIENCY INCEN8 TIVES.—(1) In order to maintain necessary capability in

9 foreign language skills and related abilities needed by the

10 Technical Collection Agency, the Director, without regard

11 to subchapter IV of chapter 55 of title 5, United States

12 Code, may provide special monetary or other incentives to

13 encourage civilian cryptologic personnel of the Agency to

14 acquire or retain proficiency in foreign languages or spe15 cial related abilities needed by the Agency.

16 ‘‘(2) In order to provide linguistic training and sup17 port for cryptologic personnel, the Director—

18 ‘‘(A) may pay all or part of the tuition and

19 other expenses related to the training of personnel

20 who are assigned or detailed for language and lan21 guage-related training, orientation, or instruction;

22 and

23 ‘‘(B) may pay benefits and allowances to civil24 ian personnel in accordance with chapters 57 and 59

25 of title 5, United States Code, and to military per-
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1 sonnel in accordance with chapter 7 of title 37,

2 United States Code, and applicable provisions of

3 title 10, United States Code, when such personnel

4 are assigned to training at sites away from their

5 designated duty station.

6 ‘‘(c) CRYPTOLOGIC LINGUIST RESERVE.—(1) To the

7 extent not inconsistent, in the opinion of the Secretary of

8 Defense, with the operation of military cryptologic reserve

9 units and in order to maintain necessary capability in for10 eign language skills and related abilities needed by the

11 Technical Collection Agency, the Director may establish

12 a Cryptologic Linguist Reserve.

13 ‘‘(2) The Cryptologic Linguist Reserve may consist

14 of former or retired civilian or military cryptologic person15 nel of the Technical Collection Agency and of other quali16 fied individuals, as determined by the Director of the

17 Agency. Each member of the Cryptologic Linguist Reserve

18 shall agree that, during any period of emergency (as deter19 mined by the Director), the member shall return to active

20 civilian status with the Technical Collection Agency and

21 shall perform such linguistic or linguistic-related duties as

22 the Director may assign.

23 ‘‘(3) In order to attract individuals to become mem24 bers of the Cryptologic Linguist Reserve, the Director,

25 without regard to subchapter IV of chapter 55 of title 5,
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1 United States Code, may provide special monetary incen2 tives to individuals eligible to become members of the re3 serve who agree to become members of the cryptologic lin4 guist reserve and to acquire or retain proficiency in foreign

5 languages or special related abilities.

6 ‘‘(4) In order to provide training and support for

7 members of the Cryptologic Linguist Reserve, the Direc8 tor—

9 ‘‘(A) may pay all or part of the tuition and

10 other expenses related to the training of individuals

11 in the Cryptologic Linguist Reserve who are as12 signed or detailed for language and language-related

13 training, orientation, or instruction; and

14 ‘‘(B) may pay benefits and allowances in ac15 cordance with chapters 57 and 59 of title 5, United

16 States Code, to individuals in the Cryptologic Lin17 guist Reserve who are assigned to training at sites

18 away from their homes or regular places of business.

19 ‘‘(d) SERVICE AGREEMENTS.—(1) The Director, be20 fore providing training under this section to any individ21 ual, may obtain an agreement with that individual that—

22 ‘‘(A) in the case of current employees, pertains

23 to continuation of service of the employee, and re24 payment of the expenses of such training for failure

25 to fulfill the agreement, consistent with the provi-
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1 sions of section 4108 of title 5, United States Code;

2 and

3 ‘‘(B) in the case of individuals accepted for

4 membership in the Cryptologic Linguist Reserve,

5 pertains to return to service when requested, and re6 payment of the expenses of such training for failure

7 to fulfill the agreement, consistent with the provi8 sions of section 4108 of title 5, United States Code.

9 ‘‘(2) The Director, under regulations prescribed

10 under this section, may waive, in whole or in part, a right

11 of recovery under an agreement made under this sub12 section if it is shown that the recovery would be against

13 equity and good conscience or against the public interest.

14 ‘‘(e) LANGUAGE TRAINING FOR FAMILY MEM15 BERS.—(1) Subject to paragraph (2), the Director may

16 provide to family members of military and civilian

17 cryptologic personnel assigned to representational duties

18 outside the United States, in anticipation of the assign19 ment of such personnel outside the United States or while

20 outside the United States, appropriate orientation and

21 language training that is directly related to the assign22 ment abroad.

23 ‘‘(2) Language training under paragraph (1) may not

24 be provided to any individual through payment of the ex25 penses of tuition or other cost of instruction at a non-
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1 Government educational institution unless appropriate in2 struction is not available at a Government facility.

3 ‘‘(f) WAIVER AUTHORITY.—The Director may waive

4 the applicability of any provision of chapter 41 of title 5,

5 United States Code, to any provision of this section if he

6 finds that such waiver is important to the performance

7 of cryptologic functions.

8 ‘‘(g) LIMITATION TO APPROPRIATED FUNDS.—The

9 authority of the Director to enter into contracts or to

10 make grants under this section is effective for any fiscal

11 year only to the extent that appropriated funds are avail12 able for such purpose.

13 ‘‘(h) REGULATIONS.—Regulations prescribed under

14 this section shall be submitted to the Permanent Select

15 Committee on Intelligence of the House of Representatives

16 and the Select Committee on Intelligence of the Senate

17 before such regulations take effect.

18 ‘‘(i) TRAVEL AND TRANSPORTATION EXPENSES IN

19 CONNECTION WITH TRAINING OUTSIDE THE UNITED

20 STATES.—The Director of the Technical Collection Agen21 cy, on behalf of the Secretary of Defense, may, without

22 regard to section 4109(a)(2)(B) of title 5, United States

23 Code, pay travel, transportation, storage, and subsistence

24 expenses under chapter 57 of such title to civilian and

25 military personnel of the Department of Defense who are
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1 assigned to duty outside the United States for a period

2 of one year or longer which involves cryptologic training,

3 language training, or related disciplines.

4 ‘‘SEC. 10. PROTECTION OF FACILITIES BY GENERAL SERV5 ICES ADMINISTRATION.

6 ‘‘The Administrator of General Services, upon the ap7 plication of the Director of the Technical Collection Agen8 cy, may provide for the protection in accordance with sec9 tion 3 of the Act of June 1, 1948 (40 U.S.C. 318b), of

10 certain facilities (as designated by the Director of such

11 Agency) which are under the administration and control

12 of, or are used by, the Technical Collection Agency in the

13 same manner as if such facilities were property of the

14 United States over which the United States has acquired

15 exclusive or concurrent criminal jurisdiction.

16 ‘‘SEC. 11. SENIOR CRYPTOLOGIC EXECUTIVE SERVICE.

17 ‘‘(a) AUTHORITY TO ESTABLISH SCES.—(1) The

18 Secretary of Defense (or his designee) may by regulation

19 establish a personnel system for senior civilian cryptologic

20 personnel in the Technical Collection Agency to be known

21 as the Senior Cryptologic Executive Service. The regula22 tions establishing the Senior Cryptologic Executive Service

23 shall do the following:
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1 ‘‘(A) Meet the requirements set forth in section

2 3131 of title 5, United States Code, for the Senior

3 Executive Service.

4 ‘‘(B) Provide that positions in the Senior

5 Cryptologic Executive Service meet requirements

6 that are consistent with the provisions of section

7 3132(a)(2) of such title.

8 ‘‘(C) Provide, without regard to section 2, rates

9 of pay for the Senior Cryptologic Executive Service

10 that are not in excess of the maximum rate or less

11 than the minimum rate of basic pay established for

12 the Senior Executive Service under section 5382 of

13 such title, and that are adjusted at the same time

14 and to the same extent as rates of basic pay for the

15 Senior Executive Service are adjusted.

16 ‘‘(D) Provide a performance appraisal system

17 for the Senior Cryptologic Executive Service that

18 conforms to the provisions of subchapter II of chap19 ter 43 of such title.

20 ‘‘(E) Provide for removal consistent with sec21 tion 3592 of such title, and removal or suspension

22 consistent with subsections (a), (b), and (c) of sec23 tion 7543 of such title (except that any hearing or

24 appeal to which a member of the Senior Cryptologic

25 Executive Service is entitled shall be held or decided
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1 pursuant to procedures established by regulations of

2 the Secretary of Defense).

3 ‘‘(F) Permit the payment of performance

4 awards to members of the Senior Cryptologic Execu5 tive Service consistent with the provisions applicable

6 to performance awards under section 5384 of such

7 title.

8 ‘‘(G) Provide that members of the Senior

9 Cryptologic Executive Service may be granted sab10 batical leaves consistent with the provisions of sec11 tion 3396(c) of such title.

12 ‘‘(H) Provide for the recertification of members

13 of the Senior Cryptologic Executive Service consist14 ent with the provisions of section 3393a of such

15 title.

16 ‘‘(2) Except as otherwise provided in subsection (a),

17 the Secretary of Defense may—

18 ‘‘(A) make applicable to the Senior Cryptologic

19 Executive Service any of the provisions of title 5,

20 United States Code, applicable to applicants for or

21 members of the Senior Executive Service; and

22 ‘‘(B) appoint, promote, and assign individuals

23 to positions established within the Senior

24 Cryptologic Executive Service without regard to the

25 provisions of title 5, United States Code, governing
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1 appointments and other personnel actions in the

2 competitive service.

3 ‘‘(3) The President, based on the recommendations

4 of the Secretary of Defense, may award ranks to members

5 of the Senior Cryptologic Executive Service in a manner

6 consistent with the provisions of section 4507 of title 5,

7 United States Code.

8 ‘‘(4) Notwithstanding any other provision of this sec9 tion, the Director of the Technical Collection Agency may

10 detail or assign any member of the Senior Cryptologic Ex11 ecutive Service to serve in a position outside the Technical

12 Collection Agency in which the member’s expertise and ex13 perience may be of benefit to the Technical Collection

14 Agency or another Government agency. Any such member

15 shall not by reason of such detail or assignment lose any

16 entitlement or status associated with membership in the

17 Senior Cryptologic Executive Service.

18 ‘‘(b) MERIT PAY SYSTEM.—The Secretary of Defense

19 may by regulation establish a merit pay system for such

20 employees of the Technical Collection Agency as the Sec21 retary of Defense considers appropriate. The merit pay

22 system shall be designed to carry out purposes consistent

23 with those set forth in section 5401(a) of title 5, United

24 States Code.
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1 ‘‘(c) LIMITATION ON TOTAL COMPENSATION.—Noth2 ing in this section shall be construed to allow the aggre3 gate amount payable to a member of the Senior

4 Cryptologic Executive Service under this section during

5 any fiscal year to exceed the annual rate payable for posi6 tions at level I of the Executive Schedule in effect at the

7 end of such year.

8 ‘‘SEC. 12. GRANTS FOR CRYPTOLOGIC RESEARCH.

9 ‘‘(a) GRANT AUTHORITY.—The Director of the Tech10 nical Collection Agency may make grants to private indi11 viduals and institutions for the conduct of cryptologic re12 search. An application for a grant under this section may

13 not be approved unless the Director determines that the

14 award of the grant would be clearly consistent with the

15 national security.

16 ‘‘(b) APPLICABLE LAW.—The grant program estab17 lished by subsection (a) shall be conducted in accordance

18 with the Federal Grant and Cooperative Agreement Act

19 of 1977 (41 U.S.C. 501 et seq.) to the extent that such

20 Act is consistent with and in accordance with section 6

21 of this Act.

22 ‘‘(c) LIMITATION TO APPROPRIATED FUNDS.—The

23 authority of the Director to make grants under this sec24 tion is effective for any fiscal year only to the extent that

25 appropriated funds are available for such purpose.
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1 ‘‘SEC. 13. AVAILABILITY OF CERTAIN APPROPRIATIONS.

2 ‘‘Funds appropriated to an entity of the Federal Gov3 ernment other than an element of the Department of De4 fense that have been specifically appropriated for the pur5 chase of cryptologic equipment, materials, or services with

6 respect to which the Technical Collection Agency has been

7 designated as the central source of procurement for the

8 Government shall remain available for a period of three

9 fiscal years.

10 ‘‘SEC. 14. PROTECTION OF AGENCY NAME FROM UNAU11 THORIZED USE.

12 ‘‘(a) PROHIBITION ON UNAUTHORIZED USE.—No

13 person may, except with the written permission of the Di14 rector of the Technical Collection Agency, knowingly use

15 the words ‘Technical Collection Agency’, the initials

16 ‘TCA’, the seal of the Technical Collection Agency, or any

17 colorable imitation of such words, initials, or seal in con18 nection with any merchandise, impersonation, solicitation,

19 or commercial activity in a manner reasonably calculated

20 to convey the impression that such use is approved, en21 dorsed, or authorized by the Technical Collection Agency.

22 ‘‘(b) ENFORCEMENT.—Whenever it appears to the

23 Attorney General that any person is engaged or is about

24 to engage in an act or practice which constitutes or will

25 constitute conduct prohibited by subsection (a), the Attor26 ney General may initiate a civil proceeding in a district
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1 court of the United States to enjoin such act or practice.

2 Such court shall proceed as soon as practicable to the

3 hearing and determination of such action and may, at any

4 time before final determination, enter such restraining or5 ders or prohibitions, or take such other action as is war6 ranted, to prevent injury to the United States or to any

7 person or class of persons for whose protection the action

8 is brought.

9 ‘‘SEC. 15. RECRUITMENT OF QUALIFIED PERSONNEL.

10 ‘‘(a) PURPOSE.—The purpose of this section is to es11 tablish an undergraduate training program, which may

12 lead to the baccalaureate degree, to facilitate the recruit13 ment of individuals, particularly minority high school stu14 dents, with a demonstrated capability to develop skills crit15 ical to the mission of the Technical Collection Agency, in16 cluding mathematics, computer science, engineering, and

17 foreign languages.

18 ‘‘(b) ASSIGNMENT OF CIVILIAN EMPLOYEES.—The

19 Secretary of Defense may, in the Secretary’s discretion,

20 assign civilian employees of the Technical Collection Agen21 cy as students at accredited professional, technical, and

22 other institutions of higher learning for training at the un23 dergraduate level in skills critical to effective performance

24 of the mission of the Agency.
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1 ‘‘(c) LIMITATION TO APPROPRIATED FUNDS.—The

2 Technical Collection Agency may pay, directly or by reim3 bursement to employees, expenses incident to assignments

4 under subsection (b), in any fiscal year only to the extent

5 that appropriated funds are available for such purpose.

6 ‘‘(d) EMPLOYEE AGREEMENT.—(1) To be eligible for

7 assignment under subsection (b), an employee of the

8 Agency must agree in writing to the following:

9 ‘‘(A) To continue in the service of the Agency

10 for the period of the assignment and to complete the

11 educational course of training for which the em12 ployee is assigned.

13 ‘‘(B) To continue in the service of the Agency

14 following completion of the assignment for a period

15 of one-and-a-half years for each year of the assign16 ment or part thereof.

17 ‘‘(C) To reimburse the United States for the

18 total cost of education (excluding the employee’s pay

19 and allowances) provided under this section to the

20 employee if, before the employee’s completing the

21 educational course of training for which the em22 ployee is assigned, the assignment or the employee’s

23 employment with the Agency is terminated either by

24 the Agency due to misconduct by the employee or by

25 the employee voluntarily.
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1 ‘‘(D) To reimburse the United States if, after

2 completing the educational course of training for

3 which the employee is assigned, the employee’s em4 ployment with the Agency is terminated either by

5 the Agency due to misconduct by the employee or by

6 the employee voluntarily, before the employee’s com7 pletion of the service obligation period described in

8 subparagraph (B), in an amount that bears the

9 same ratio to the total cost of the education (exclud10 ing the employee’s pay and allowances) provided to

11 the employee as the unserved portion of the service

12 obligation period described in subparagraph (B)

13 bears to the total period of the service obligation de14 scribed in subparagraph (B).

15 ‘‘(2) Subject to paragraph (3), the obligation to reim16 burse the United States under an agreement described in

17 paragraph (1), including interest due on such obligation,

18 is for all purposes a debt owing the United States.

19 ‘‘(3)(A) A discharge in bankruptcy under title 11,

20 United States Code, shall not release a person from an

21 obligation to reimburse the United States required under

22 an agreement described in paragraph (1) if the final de23 cree of the discharge in bankruptcy is issued within five

24 years after the last day of the combined period of service
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1 obligation described in subparagraphs (A) and (B) of

2 paragraph (1).

3 ‘‘(B) The Secretary of Defense may release a person,

4 in whole or in part, from the obligation to reimburse the

5 United States under an agreement described in paragraph

6 (1) when, in the Secretary’s discretion, the Secretary de7 termines that equity or the interests of the United States

8 so require.

9 ‘‘(C) The Secretary of Defense shall permit an em10 ployee assigned under this section who, before commenc11 ing a second academic year of such assignment, volun12 tarily terminates the assignment or the employee’s em13 ployment with the Agency, to satisfy his obligation under

14 an agreement described in paragraph (1) to reimburse the

15 United States by reimbursement according to a schedule

16 of monthly payments which results in completion of reim17 bursement by a date five years after the date of termi18 nation of the assignment or employment or earlier at the

19 option of the employee.

20 ‘‘(e) DISCLOSURE TO EDUCATIONAL INSTITUTION OF

21 AGENCY AFFILIATION OF EMPLOYEE.—(1) When an em22 ployee is assigned under this section to an institution, the

23 Agency shall disclose to the institution to which the em24 ployee is assigned that the Agency employs the employee

25 and that the Agency funds the employee’s education.
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1 ‘‘(2) Agency efforts to recruit individuals at edu2 cational institutions for participation in the undergraduate

3 training program established by this section shall be made

4 openly and according to the common practices of univer5 sities and employers recruiting at such institutions.

6 ‘‘(f) INAPPLICABILITY OF CERTAIN LAWS.—Chapter

7 41 of title 5 and subsections (a) and (b) of section 3324

8 of title 31, United States Code, shall not apply with re9 spect to this section.

10 ‘‘(g) REGULATIONS.—The Secretary of Defense may

11 prescribe such regulations as may be necessary to imple12 ment this section.

13 ‘‘SEC. 17. AUTHORITY TO PAY CERTAIN EXPENSES FOR EM14 PLOYEES DYING WHILE ON ROTATIONAL

15 TOUR OF DUTY IN THE UNITED STATES.

16 ‘‘(a) AUTHORITY.—The Secretary of Defense may

17 pay the expenses referred to in section 5742(b) of title

18 5, United States Code, in the case of any employee of the

19 Technical Collection Agency who dies while on a rotational

20 tour of duty within the United States or while in transit

21 to or from such tour of duty.

22 ‘‘(b) DEFINITION.—For the purposes of this section,

23 the term ‘rotational tour of duty’, with respect to an em24 ployee, means a permanent change of station involving the

25 transfer of the employee from the Technical Collection
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1 Agency headquarters to another post of duty for a fixed

2 period established by regulation to be followed at the end

3 of such period by a permanent change of station involving

4 a transfer of the employee back to such headquarters.’’.

5 Subtitle B—Amendments Related

6 to Creation of Clandestine Service

7 SEC. 711. CENTRAL INTELLIGENCE AGENCY ACT OF 1949.

8 (a) DEFINITIONS.—Section 1(a) of the Central Intel9 ligence Agency Act of 1949 (50 U.S.C. 403a(a)) is amend10 ed by inserting ‘‘or the Clandestine Service’’ after

11 ‘‘Central Intelligence Agency’’.

12 (b) SEAL.—Section 2 of such Act (50 U.S.C. 403b)

13 is amended by inserting ‘‘and the Clandestine Service’’

14 after ‘‘Central Intelligence Agency’’.

15 (c) PROCUREMENT AUTHORITIES.—Sections 3(a)

16 and 3(e) of such Act (50 U.S.C. 403c(a) and (e)) are

17 amended by striking ‘‘Central Intelligence Agency’’ and

18 inserting ‘‘Agency’’.

19 (d) GENERAL AUTHORITIES.—Section 5 of such Act

20 (50 U.S.C. 403f) is amended by striking ‘‘Central Intel21 ligence Agency’’ and inserting ‘‘Agency’’.

22 (e) MISUSE OF AGENCY NAME, INITIALS, OR SEAL.—

23 Section 13(a) of such Act (50 U.S.C. 403m(a)) is amend24 ed by striking ‘‘the words ‘Central Intelligence Agency’,

25 the initials ‘CIA’, the seal of the Central Intelligence
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1 Agency’’ and inserting ‘‘the words ‘Central Intelligence

2 Agency’ or ‘the Clandestine Service’, the initials ‘CIA’ or

3 ‘CS’, the seal of the Central Intelligence Agency or the

4 Clandestine Service ’’.

5 (f) DISABILITY RETIREMENT AND DEATH-IN-SERV6 ICE BENEFITS: CONFORMING AMENDMENTS AND TECH7 NICAL CORRECTION.—Section 19 of such Act (50 U.S.C.

8 403s) is amended—

9 (1) by striking ‘‘Central Intelligence Agency’’ in

10 the matter preceding subsection (a)(1) and inserting

11 ‘‘Agency’’;

12 (2) by striking ‘‘Central Intelligence Agency’’ in

13 the matter preceding subsection (b)(1) and inserting

14 ‘‘Agency’’; and

15 (3) by amending paragraph (4) of subsection

16 (b) to read as follows:

17 ‘‘(4) is survived by a surviving spouse, former

18 spouse, or child as defined in section 102 of the

19 Central Intelligence Agency Retirement Act, who

20 would otherwise be entitled to an annuity under sec21 tion 8341 of title 5, United States Code—’’.

22 SEC. 712. CENTRAL INTELLIGENCE AGENCY RETIREMENT

23 SYSTEM.

24 (a) DEFINITION OF AGENCY.—Section 101(1) of the

25 Central Intelligence Agency Retirement Act (50 U.S.C.
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1 2001(1)) is amended by inserting ‘‘or the Clandestine

2 Service’’ after ‘‘Agency’’.

3 (b) CIARDS SYSTEM.—Section 201(a)(1) of such

4 Act (50 U.S.C. 2011(a)(1)) is amended by inserting ‘‘and

5 the Clandestine Service’’ after ‘‘Central Intelligence Agen6 cy’’ the first place it appears.

7 SEC. 713. CENTRAL INTELLIGENCE AGENCY VOLUNTARY

8 SEPARATION PAY ACT.

9 Section 2 of the Central Intelligence Agency Vol10 untary Separation Pay Act (50 U.S.C. 403–4) is amended

11 by inserting ‘‘or the Clandestine Service’’ after ‘‘Central

12 Intelligence Agency’’ each place it appears.

13 SEC. 714. AMENDMENTS TO TITLE 5, UNITED STATES CODE.

14 Title 5, United States Code, is amended as follows:

15 (1) Section 305(a) is amended by striking out

16 ‘‘or’’ at the end of paragraph (6) and by striking out

17 paragraph (7) and inserting in lieu thereof the fol18 lowing:

19 ‘‘(7) the Clandestine Service;

20 ‘‘(8) the Technical Collection Agency, Depart21 ment of Defense; or

22 ‘‘(9) the Technology Development Office, De23 partment of Defense.’’.
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1 (2) Section 306(f) is amended by inserting

2 ‘‘Clandestine Service,’’ after ‘‘Central Intelligence

3 Agency,’’.

4 (3) Section 552a(j)(1) is amended by inserting

5 ‘‘or the Clandestine Service’’ after ‘‘Agency’’.

6 (4) Sections 2302(a)(2)(C)(ii), 3102(a)(1)(B),

7 4301(1)(ii), 4701(a)(1)(B) are each amended by

8 striking out ‘‘the National Security Agency,’’ and in9 serting in lieu thereof ‘‘the Clandestine Service, the

10 Technical Collection Agency, the Technology Devel11 opment Office,’’.

12 (5) Section 2305 is amended by striking out

13 ‘‘section 102 of the National Security Act of 1947

14 (61 Stat. 495; 50 U.S.C. 403),’’ and inserting in

15 lieu thereof ‘‘subtitle A of title I of the Intelligence

16 Community Act, [Q: Other sections of the Intel17 ligence Community Act?]’’.

18 (6) Section 2953(b) is amended by striking out

19 ‘‘or’’ at the end of paragraph (2), by striking out the

20 period at the end of paragraph (3) and inserting in

21 lieu thereof ‘‘; or’’, and by adding at the end the fol22 lowing:

23 ‘‘(4) the Clandestine Service.’’.

24 (7) Section 3401(1) is amended by striking

25 ‘‘and’’ at the end of clause (vi), by striking out
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1 clause (vii) and inserting in lieu thereof the follow2 ing:

3 ‘‘(vii) the Clandestine Service;

4 ‘‘(viii) the Technical Collection Agency;

5 and

6 ‘‘(ix) the Technology Development Office;

7 and’’.

8 (8) Section 5102 is amended by striking out

9 clause (vii), by redesignating clauses (viii) and (x) as

10 clauses (vii) and (viii), respectively, and by adding

11 after clause (viii) (as so redesignated) the following:

12 ‘‘(ix) the Clandestine Service;

13 ‘‘(x) the Technical Collection Agency; and

14 ‘‘(xi) the Technology Development Office;’’.

15 (9) Section 5342(a)(1) is amended by striking

16 out subparagraph (G), by redesignating subpara17 graphs (H), (I) and (K), as subparagraphs (G), (H)

18 and (I), respectively, by striking out ‘‘or’’ at the end

19 of subparagraph (H) (as so redesignated), and by

20 inserting after subparagraph (I) the following:

21 ‘‘(J) the Clandestine Service;

22 ‘‘(K) the Technical Collection Agency; or

23 ‘‘(L) the Technology Development Office;’’.

24 (10) Section 5727(e)(1) is amended by striking

25 out ‘‘or’’ at the end of subparagraph (A), by striking
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1 out the period at the end of subparagraph (B) and

2 inserting in lieu thereof ‘‘; or’’, and by adding after

3 subparagraph (B) the following:

4 ‘‘(C) the Clandestine Service.’’.

5 (11) Section 5948(g)(1) is amended—

6 (A) by inserting ‘‘and the Clandestine

7 Service’’ after ‘‘Central Intelligence Agency’’

8 the second place it appears in subparagraph

9 (F); and

10 (B) by striking out ‘‘the National Security

11 Agency’’ and inserting in lieu thereof ‘‘the

12 Technical Collection Agency and the Technology

13 Development Office’’.

14 (12)(A) Paragraph (1) of section 6339(a) is

15 amended by striking out subparagraph (C) and re16 designating subparagraph (D) as subparagraph (C),

17 by striking out ‘‘and’’ at the end of subparagraph

18 (C) (as so redesignated), by redesignating subpara19 graph (E) as subparagraph (G), and by inserting

20 after subparagraph (C) (as so redesignated) the fol21 lowing:

22 ‘‘(D) the Clandestine Service;

23 ‘‘(E) the Technical Collection Agency;

24 ‘‘(F) the Technology Development Office;

25 and’’.
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1 (B) Paragraph (2) of such section is amended

2 by striking out subparagraph (C) and redesignating

3 subparagraph (D) as subparagraph (C), by striking

4 out ‘‘and’’ at the end of subparagraph (C) (as so re5 designated), by redesignating subparagraph (E) as

6 subparagraph (G) and in that subparagraph by

7 striking out ‘‘(1)(E)’’ both places it appears and in8 serting in lieu thereof ‘‘(1)(G)’’, and by inserting

9 after subparagraph (C) (as so redesignated) the fol10 lowing:

11 ‘‘(D) with respect to the Clandestine Serv12 ice, the Director of Central Intelligence;

13 ‘‘(E) with respect to the Technical Collec14 tion Agency, the Director of the Technical Col15 lection Agency;

16 ‘‘(F) with respect to the Technology Devel17 opment Office, the Director of the Technology

18 Development Office; and’’.

19 (13) Section 7103(a)(3) is amended by striking

20 out subparagraph (D) and redesignating subpara21 graphs (E), (F), and (G) as subparagraphs (D), (E),

22 and (F), respectively, by striking out ‘‘or’’ at the end

23 of subparagraph (E) (as so redesignated), and by

24 adding after subparagraph (F) the following:

25 ‘‘(G) the Clandestine Service;
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1 ‘‘(H) the Technical Collection Agency; or

2 ‘‘(I) the Technology Development Office; ’’.

3 (14) Section 7323(b)(2)(B)(i) is amended by

4 striking out subclause (VI), redesignating subclauses

5 (VII) through (XII) as subclauses (XI) through

6 (XVI), respectively, and by inserting after subclause

7 (V) the following:

8 ‘‘(VI) the Clandestine Service;

9 ‘‘(VII) the Technical Collection Agency;

10 ‘‘(VIII) the Technology Development Of11 fice;

12 ‘‘(IX) the Infrastructure Support Office;

13 ‘‘(X) the Community Management Staff;’’.

14 (15) Section 7511(b) is amended—

15 (A) by inserting ‘‘, the Clandestine Serv16 ice,’’ after ‘‘Central Intelligence Agency’’ in

17 paragraph (7); and

18 (B) by striking out ‘‘the National Security

19 Agency,’’ and inserting in lieu thereof ‘‘the

20 Technical Collection Agency, the Technology

21 Development Office,’’.

22 (16) Section 8347(n)(1)(A) is amended by in23 serting ‘‘or of the Clandestine Service’’ before the

24 semicolon at the end thereof.
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1 (17) Section 8351(d) is amended by inserting

2 ‘‘or the Clandestine Service’’ after ‘‘Central Intel3 ligence Agency’’.

4 (18) Section 8461 is amended—

5 (A) in subsection (j)(1)—

6 (i) by inserting ‘‘or of the Clandestine

7 Service’’ before the semicolon at the end of

8 subparagraph (A); and

9 (ii) by inserting ‘‘or of the Clandestine

10 Service’’ after ‘‘Central Intelligence Agen11 cy’’ in subparagraph (F);

12 (B) in subsection (k)—

13 (i) by inserting ‘‘or of the Clandestine

14 Service’’ before the semicolon at the end of

15 paragraph (1)(A);

16 (ii) by inserting ‘‘or of the Clandestine

17 Service’’ after ‘‘Central Intelligence Agen18 cy’’ in paragraph (1)(D); and

19 (iii) by inserting ‘‘or of the Clandes20 tine Service’’ after ‘‘Central Intelligence

21 Agency’’ in paragraph (2); and

22 (C) in subsection (l), by inserting ‘‘or of

23 the Clandestine Service’’ after ‘‘Central Intel24 ligence Agency’’.
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1 (19) Subsections (b)(1), (b)(3), and (c) of sec2 tion 9101 are amended by inserting ‘‘the Clandes3 tine Service,’’ after ‘‘Central Intelligence Agency,’’

4 each place it appears.

5 SEC. 715. AMENDMENTS TO LAWS CODIFIED IN THE APPEN6 DICES OF TITLE 5, UNITED STATES CODE.

7 (a) FEDERAL ADVISORY COMMITTEE ACT.—Section

8 4(b) of the Federal Advisory Committee Act (5 U.S.C.

9 App.) is amended by striking out ‘‘or’’ at the end of para10 graph (1), by striking out the period at the end of para11 graph (2) and inserting in lieu thereof ‘‘; or’’, and by add12 ing after paragraph (2) the following:

13 ‘‘(3) the Clandestine Service.’’.

14 (b) INSPECTOR GENERAL ACT.—Section 8G(a)(1) of

15 the Inspector General Act (5 U.S.C. App.) is amended by

16 striking out ‘‘or’’ at the end of subparagraph (E), by in17 serting ‘‘or’’ at the end of subparagraph (F), and by add18 ing after subparagraph (F) the following:

19 ‘‘(G) the Clandestine Service;’’.

20 (c) ETHICS IN GOVERNMENT ACT.—Section 105 of

21 the Ethics in Government Act of 1978 (5 U.S.C. App.)

22 is amended—

23 (1) by inserting ‘‘, the Clandestine Service,’’

24 after ‘‘Central Intelligence Agency,’’;
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1 (2) by striking out ‘‘or the National Security

2 Agency,’’ and inserting in lieu thereof ‘‘the Tech3 nical Collection Agency, or the Technology Develop4 ment Office,’’.

5 SEC. 716. REPORT ON DETAILED PERSONNEL.

6 Section 617 of Public Law 103–123 (107 Stat. 1263)

7 is amended—

8 (1) by striking out paragraph (2);

9 (2) by inserting after paragraph (1) the follow10 ing:

11 ‘‘(2) the Clandestine Service;’’;

12 (3) by redesignating paragraphs (4) through

13 (7) as paragraphs (6) through (9), respectively; and

14 (4) by inserting after paragraph (3) the follow15 ing:

16 ‘‘(4) the Technical Collection Agency;

17 ‘‘(5) the Technology Development Office;’’.

18 Subtitle C—Amendments Related

19 to Inspector General for the In20 telligence Community

21 SEC. 721. INSPECTOR GENERAL FOR THE INTELLIGENCE

22 COMMUNITY.

23 (a) EXPANSION OF ROLE OF INSPECTOR GENERAL

24 OF THE CIA.—Subsection (a) of section 17 of the Central
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1 Intelligence Agency Act of 1949 (50 U.S.C. 403q) is

2 amended—

3 (1) in paragraph (1), by striking out ‘‘Agency’’

4 and inserting in lieu thereof ‘‘Intelligence Commu5 nity’’; and

6 (2) in the matter following paragraph (4), by

7 striking out ‘‘established in the Agency’’ and insert8 ing in lieu thereof ‘‘established within the Intel9 ligence Community’’.

10 (b) CONFORMING AMENDMENTS.—

11 (1) Section 17 of such Act is further amend12 ed—

13 (A) in subsections (b), (c)(1), (d)(1)(A),

14 and (d)(1)(F), by striking out ‘‘Agency’’ and in15 serting in lieu thereof ‘‘Intelligence Commu16 nity’’; and

17 (B) in paragraphs (2) and (3) of sub18 section (e), by striking out ‘‘Agency’’ and in19 serting in lieu thereof ‘‘element of the Intel20 ligence Community’’.

21 (2) The heading of such section is amended to

22 read as follows:
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1 ‘‘SEC. 17. INSPECTOR GENERAL FOR THE INTELLIGENCE

2 COMMUNITY.’’.

3 (c) RATE OF PAY.—Section 5316 of title 5, United

4 States Code, is amended by striking out ‘‘Inspector Gen5 eral, Central Intelligence Agency’’ and inserting in lieu

6 thereof ‘‘Inspector General for the Intelligence Commu7 nity.’’.

8 Subtitle D—Repeals of Provisions

9 Recodified in New Act

10 SEC. 741. CONFORMING REPEALS.

11 (a) FISCAL YEAR 1996 INTELLIGENCE AUTHORIZA12 TION ACT.—Section 306 of the Intelligence Authorization

13 Act for Fiscal Year 1996 (Public Law 104–93; 50 U.S.C.

14 435 note; 109 Stat. 966) is repealed.

15 (b) FISCAL YEAR 1995 INTELLIGENCE AUTHORIZA16 TION ACT.—The following provisions of the Intelligence

17 Authorization Act for Fiscal Year 1995 (Public Law 103–

18 359) are repealed:

19 (1) Section 603 (50 U.S.C. 403–3; 108 Stat.

20 3433).

21 (2) Section 811 (50 U.S.C. 402a; 108 Stat.

22 3455).

23 (c) FISCAL YEAR 1992 INTELLIGENCE AUTHORIZA24 TION ACT.—Section 403 of the Intelligence Authorization
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1 Act for Fiscal Year 1992 (Public Law 102–183; 50 U.S.C.

2 403–2; 105 Stat. 1267) is repealed:

3 (d) NATIONAL SECURITY ACT OF 1947.—Section

4 109 of the National Security Act of 1947 (50 U.S.C.

5 404d) is repealed.

6 (e) FISCAL YEAR 1995 DEFENSE APPROPRIATIONS

7 ACT.—The following provisions of the Department of De8 fense Appropriations Act, 1995 (Public Law 103–335),

9 are repealed:

10 (1) Section 8131 (50 U.S.C. 403–2a note; 108

11 Stat. 2653).

12 (2) Section 8154 (10 U.S.C. 384 note; 50

13 U.S.C. 403f note; 108 Stat. 2658).

14 (f) FISCAL YEAR 1994 DEFENSE APPROPRIATIONS

15 ACT.—The following provisions of the Department of De16 fense Appropriations Act, 1994 (Public Law 103–139),

17 are repealed:

18 (1) Section 8104 (50 U.S.C. 403j note; 107

19 Stat. 1463).

20 (2) Section 8107 (50 U.S.C. 414 note; 107

21 Stat. 1464).

22 (g) TITLE 10, UNITED STATES CODE.—Section 201

23 of title 10, United States Code, is repealed. The table of

24 sections at the beginning of subchapter II of chapter 8
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1 of such title is amended by striking out the item relating

2 to section 201.

3 Subtitle E—Other Amendments

4 SEC. 751. NATIONAL SECURITY ACT OF 1947.

5 (a) TABLE OF CONTENTS.—The table of contents in

6 the first section of the National Security Act of 1947 is

7 amended—

8 (1) by inserting after the item relating to sec9 tion 2 the following new item:

‘‘Sec. 3. Definitions.’’;

10 (2) by striking out the items relating to the

11 heading for title I and sections 101 through 107 and

12 inserting in lieu thereof the following:

‘‘TITLE I—NATIONAL SECURITY COUNCIL AND RELATED BOARDS AND

COMMITTEES

‘‘Sec. 101. National Security Council.

‘‘Sec. 102. Committee on Foreign Intelligence.

‘‘Sec. 103. Board for Low Intensity Conflict.

‘‘Sec. 104. National Counterintelligence Policy Board.’’;

13 (3) by striking out the item relating to section

14 109 and the item following that item (relating to

15 section 104); and

16 (4) by striking out the items relating to sections

17 202 through 204, 208 through 214, 301, 302, and

18 304 through 306.

19 (b) FORMAT AMENDMENTS.—Title IX of such Act is

20 amended—
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1 (1) in section 904 (50 U.S.C. 441c), by striking

2 out ‘‘required to be imposed by’’ and all that follows

3 and inserting in lieu thereof ‘‘required to be imposed

4 by any of the following provisions of law:

5 ‘‘(1) The Chemical and Biological Weapons

6 Control and Warfare Elimination Act of 1991 (title

7 III of Public Law 102–182).

8 ‘‘(2) The Nuclear Proliferation Prevention Act

9 of 1994 (title VIII of Public Law 103–236).

10 ‘‘(3) Section 11B of the Export Administration

11 Act of 1979 (50 U.S.C. App. 2410b).

12 ‘‘(4) Chapter 7 of the Arms Export Control Act

13 (22 U.S.C. 2797 et seq.).

14 ‘‘(5) The Iran-Iraq Arms Non-Proliferation Act

15 of 1992 (title XVI of Public Law 102–484).

16 ‘‘(6) The following provisions of annual appro17 priations Acts:

18 ‘‘(A) Section 573 of the Foreign Oper19 ations, Export Financing, and Related Pro20 grams Appropriations Act, 1994 (Public Law

21 103–87; 107 Stat. 972).

22 ‘‘(B) Section 563 of the Foreign Oper23 ations, Export Financing, and Related Pro24 grams Appropriations Act, 1995 (Public Law

25 103–306; 108 Stat. 1649).
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1 ‘‘(C) Section 552 of the Foreign Oper2 ations, Export Financing, and Related Pro3 grams Appropriations Act, 1996 (Public Law

4 104–107; 110 Stat. 741).

5 ‘‘(7) Comparable provisions.’’; and

6 (2) in section 905 (50 U.S.C. 441d), by striking

7 out ‘‘on the date which is one year after the date of

8 the enactment of this title’’ and inserting in lieu

9 thereof ‘‘on January 6, 1997’’.

10 SEC. 752. TITLE 5, UNITED STATES CODE.

11 Section 5324 of title 5, United States Code, is

12 amended by striking out ‘‘Deputy Director of Central In13 telligence’’ and inserting in lieu thereof ‘‘Deputy Directors

14 of Central Intelligence (2)’’.

15 TITLE VIII—TRANSFER OF FUNC16 TIONS, SAVINGS PROVISIONS,

17 AND EFFECTIVE DATE

18 Subtitle A—Transfers of Functions

19 to Intelligence Community

20 Agencies Other than Agencies in

21 Department of Defense

22 SEC. 801. TRANSFER OF FUNCTIONS TO CLANDESTINE

23 SERVICE.

24 (a) TRANSFER.—The following functions, as in effect

25 on the day before the effective date of this title, are trans-
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1 ferred to the Clandestine Service as of the effective date

2 of this title:

3 (1) Functions vested in the Central Intelligence

4 Agency or the Director of Central Intelligence which

5 were performed through the Deputy Director for Op6 erations.

7 (2) Such additional analytical and science and

8 technology functions of the Central Intelligence

9 Agency as the Director of Central Intelligence deter10 mines are related to the functions transferred under

11 paragraph (1).

12 (3) Functions relating to clandestine collection

13 activities vested in the Defense Human Intelligence

14 Service in the Department of Defense, as specified

15 jointly by the Secretary of Defense and Director of

16 Central Intelligence.

17 (b) ABOLITION OF DDO.—The Directorate of Oper18 ations of the Central Intelligence Agency is abolished.

19 (c) ABOLITION OF S&T DIRECTORATE.—The Direc20 torate of Science and Technology of the Central Intel21 ligence Agency is abolished.

22 (d) ABOLITION OF ADMINISTRATION DIREC23 TORATE.—The Directorate of Administration of the

24 Central Intelligence Agency is abolished.
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1 SEC. 802. ABOLITION OF NATIONAL INTELLIGENCE COUN2 CIL.

3 The National Intelligence Council is abolished.

4 Subtitle B—Transfers of Functions

5 to Intelligence Community

6 Agencies in Department of De7 fense

8 SEC. 811. TRANSFER OF FUNCTIONS TO TECHNICAL COL9 LECTION AGENCY.

10 The following functions, as in effect on the day before

11 the effective date of this title, are transferred to the Direc12 tor of the Technical Collection Agency as of the effective

13 date of this title:

14 (1) NATIONAL SECURITY AGENCY FUNC15 TIONS.—Functions vested in the National Security

16 Agency or the Director of that Agency.

17 (2) NATIONAL RECONNAISSANCE OFFICE

18 FUNCTIONS.—Functions vested in the National Re19 connaissance Office or the Director of that Office, as

20 specified jointly by the Secretary of Defense and Di21 rector of Central Intelligence.

22 (3) CENTRAL IMAGERY OFFICE FUNCTIONS.—

23 Functions vested in the Central Imagery Office or

24 the Director of that Office.
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1 SEC. 812. TRANSFER OF FUNCTIONS TO TECHNICAL DEVEL2 OPMENT OFFICE.

3 The following functions, as in effect on the day before

4 the effective date of this title, are transferred to the Direc5 tor of the Technical Development Office as of the effective

6 date of this title:

7 (1) Functions of the National Reconnaissance

8 Office, as specified jointly by the Secretary of De9 fense and Director of Central Intelligence.

10 (2) Functions of the Defense Airborne Recon11 naissance Office, as specified jointly by the Sec12 retary of Defense and Director of Central Intel13 ligence.

14 (3) The Directorate of Science and Technology

15 of the Central Intelligence Agency, as specified joint16 ly by the Secretary of Defense and Director of

17 Central Intelligence.

18 SEC. 813. ABOLITION OF PREVIOUS DEFENSE ELEMENTS

19 OF THE INTELLIGENCE COMMUNITY.

20 (a) ABOLITION OF NATIONAL SECURITY AGENCY.—

21 The National Security Agency is abolished.

22 (b) ABOLITION OF NATIONAL RECONNAISSANCE OF23 FICE.—The National Reconnaissance Office is abolished.

24 (c) ABOLITION OF CENTRAL IMAGERY OFFICE.—The

25 Central Imagery Office is abolished.
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1 Subtitle C—General Transfer

2 Provisions

3 SEC. 821. TRANSFER OF FUNCTIONS.

4 (a) IN GENERAL.—In order to carry out the transfers

5 made by subtitles A and B of this title, there are trans6 ferred to each transferee agency all functions which the

7 head of the transferor agency exercised on the day before

8 the effective date of this title (including all related func9 tions of any officer or employee of the transferor agency)

10 which the Director of Central Intelligence determines are

11 vested by this Act in the transferee agency or are other12 wise necessary for the performance of the functions of the

13 transferee agency.

14 (b) DEFINITIONS.—For purposes of this title:

15 (1) The term ‘‘transferee agency’’ means any

16 entity of the Intelligence Community established by

17 this Act.

18 (2) The term ‘‘transferor agency’’, with respect

19 to a transferee agency, means any component of the

20 Intelligence Community which on the day before the

21 effective date of this Act performed functions vested

22 by this Act in the transferee agency, as determined

23 by the Director of Central Intelligence.
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1 (3) The term ‘‘function’’ means any duty, obli2 gation, power, authority, responsibility, right, privi3 lege, activity, or program.

4 SEC. 822. TRANSFER AND ALLOCATIONS OF APPROPRIA5 TIONS AND PERSONNEL.

6 (a) IN GENERAL.—Except as otherwise provided in

7 this title, the personnel employed in connection with, and

8 the assets, liabilities, contracts, property, records, and un9 expended balances of appropriations, authorizations, allo10 cations, and other funds employed, used, held, arising

11 from, available to, or to be made available in connection

12 with the functions transferred by this title, subject to sec13 tion 1531 of title 31, United States Code, shall be trans14 ferred to the transferee agency.

15 (b) LIMITATION ON USE OF FUNDS.—Unexpended

16 funds transferred pursuant to this section shall be used

17 only for the purposes for which the funds were originally

18 authorized and appropriated.

19 SEC. 823. INCIDENTAL TRANSFERS.

20 (a) INCIDENTAL TRANSFERS.—The Director of

21 Central Intelligence, at such time or times as the Director

22 shall provide, may—

23 (1) make such determinations as may be nec24 essary with regard to the functions transferred by

25 this title; and
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1 (2) make such additional incidental dispositions

2 of personnel, assets, liabilities, grants, contracts,

3 property, records, and unexpended balances of ap4 propriations, authorizations, allocations, and other

5 funds held, used, arising from, available to, or to be

6 made available in connection with such functions, as

7 may be necessary to carry out the provisions of this

8 title.

9 (b) TERMINATIONS.—The Director of Central Intel10 ligence shall provide for the termination of the affairs of

11 all entities terminated by this title and for such further

12 measures and dispositions as may be necessary to effec13 tuate the purposes of this title.

14 SEC. 824. EFFECT ON PERSONNEL.

15 (a) IN GENERAL.—Except as otherwise provided by

16 this title, the transfer pursuant to this title of full-time

17 personnel (except special Government employees) and

18 part-time personnel holding permanent positions shall not

19 cause any such employee to be separated or reduced in

20 grade or compensation for one year after the date of trans21 fer of such employee under this title.

22 (b) APPOINTMENTS.—The head of the transferee

23 agency may appoint and fix the compensation of such offi24 cers and employees as may be necessary to carry out the

25 respective functions transferred under this title. Except as
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1 otherwise provided by law, such officers and employees

2 shall be appointed in accordance with the civil service laws

3 and their compensation fixed in accordance with title 5,

4 United States Code.

5 (c) EXECUTIVE SCHEDULE POSITIONS.—Except as

6 otherwise provided in this title, any person who, on the

7 day preceding the effective date of this title, held a posi8 tion compensated in accordance with the Executive Sched9 ule prescribed in chapter 53 of title 5, United States Code,

10 and who, without a break in service, is appointed in the

11 transferee agency to a position having duties comparable

12 to the duties performed immediately preceding such ap13 pointment shall continue to be compensated in such new

14 position at not less than the rate provided for such pre15 vious position, for the duration of the service of such per16 son in such new position.

17 (d) EXPERTS AND CONSULTANTS.—The head of the

18 transferee agency may obtain the services of experts and

19 consultants in accordance with section 3109 of title 5,

20 United States Code, and compensate such experts and

21 consultants for each day (including traveltime) at rates

22 not in excess of the rate of pay for level IV of the Execu23 tive Schedule under section 5315 of such title. The head

24 of the transferee agency may pay experts and consultants

25 who are serving away from their homes or regular place
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1 of business travel expenses and per diem in lieu of subsist2 ence at rates authorized by sections 5702 and 5703 of

3 such title for persons in Government service employed

4 intermittently.

5 (e) DETAIL OR ASSIGNMENT OF EXISTING PERSON6 NEL.—To carry out the reorganization required by this

7 Act, the Director of Central Intelligence may detail or as8 sign on a nonreimbursable basis individuals among ele9 ments of the Intelligence Community without regard to

10 limitations on the period of the detail or assignment. Any

11 such individual shall not by reason of such detail or as12 signment lose any entitlement or status associated with

13 the personnel system from which the individual was de14 tailed or assigned. This subsection applies to individuals

15 who, as of the effective date of this Act are employees of

16 an element of the intelligence community (as defined by

17 section 3(4) of the National Security Act of 1947 as in

18 effect on the day before the effective date of this Act).

19 SEC. 825. DELEGATION AND ASSIGNMENT.

20 Except where otherwise expressly prohibited by law

21 or otherwise provided by this title, the head of the trans22 feree agency may delegate any of the functions transferred

23 to the head of the transferee agency by this title and any

24 function transferred or granted to such head of the trans25 feree agency after the effective date of this title to such
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1 officers and employees of the transferee agency as the

2 head of the transferee agency may designate, and may au3 thorize successive redelegations of such functions as may

4 be necessary or appropriate. No delegation of functions

5 by the head of the transferee agency under this section

6 or under any other provision of this title shall relieve such

7 head of the transferee agency of responsibility for the ad8 ministration of such functions.

9 SEC. 826. REORGANIZATION.

10 The Director of Central Intelligence may allocate or

11 reallocate any function transferred under this title among

12 the officers of the transferee agency and may establish,

13 consolidate, alter, or discontinue such organizational enti14 ties in the transferee agency as may be necessary or ap15 propriate.

16 SEC. 827. RULES.

17 The head of the transferee agency is authorized to

18 prescribe, in accordance with the provisions of chapters

19 5 and 6 of title 5, United States Code, such rules and

20 regulations as the head of the transferee agency deter21 mines necessary or appropriate to administer and manage

22 the functions of the transferee agency.
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1 Subtitle D—General Savings

2 Provisions

3 SEC. 831. CONTINUING EFFECT OF LEGAL DOCUMENTS.

4 All orders, determinations, rules, regulations, per5 mits, agreements, grants, contracts, certificates, licenses,

6 registrations, privileges, and other administrative ac7 tions—

8 (1) which have been issued, made, granted, or

9 allowed to become effective by the President, any

10 Federal agency or official thereof, or by a court of

11 competent jurisdiction, in the performance of func12 tions which are transferred under this title; and

13 (2) which are in effect at the time this title

14 takes effect, or were final before the effective date

15 of this title and are to become effective on or after

16 the effective date of this title,

17 shall continue in effect according to their terms until

18 modified, terminated, superseded, set aside, or revoked in

19 accordance with law by the President, the head of the

20 transferee agency or other authorized official, a court of

21 competent jurisdiction, or by operation of law.

22 SEC. 832. PROCEEDINGS NOT AFFECTED.

23 The provisions of this title shall not affect any pro24 ceedings, including notices of proposed rulemaking, or any

25 application for any license, permit, certificate, or financial
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1 assistance pending before the transferor agency at the

2 time this title takes effect, with respect to functions trans3 ferred by this title but such proceedings and applications

4 shall be continued. Orders shall be issued in such proceed5 ings, appeals shall be taken therefrom, and payments shall

6 be made pursuant to such orders, as if this title had not

7 been enacted, and orders issued in any such proceedings

8 shall continue in effect until modified, terminated, super9 seded, or revoked by a duly authorized official, by a court

10 of competent jurisdiction, or by operation of law. Nothing

11 in this section shall be deemed to prohibit the discontinu12 ance or modification of any such proceeding under the

13 same terms and conditions and to the same extent that

14 such proceeding could have been discontinued or modified

15 if this title had not been enacted.

16 SEC. 833. SUITS NOT AFFECTED.

17 The provisions of this title shall not affect suits com18 menced before the effective date of this title, and in all

19 such suits, proceedings shall be had, appeals taken, and

20 judgments rendered in the same manner and with the

21 same effect as if this title had not been enacted.

22 SEC. 834. NONABATEMENT OF ACTIONS.

23 No suit, action, or other proceeding commenced by

24 or against the transferor agency, or by or against any indi25 vidual in the official capacity of such individual as an offi-
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1 cer of the transferor agency, shall abate by reason of the

2 enactment of this Act.

3 SEC. 835. ADMINISTRATIVE ACTIONS RELATING TO PRO4 MULGATION OF REGULATIONS.

5 Any administrative action relating to the preparation

6 or promulgation of a regulation by the transferor agency

7 relating to a function transferred under this title may be

8 continued by the transferee agency with the same effect

9 as if this title had not been enacted.

10 SEC. 836. TRANSITION.

11 The head of the transferee agency may use—

12 (1) the services of such officers, employees, and

13 other personnel of the transferor agency with respect

14 to functions transferred to the transferee agency by

15 this title; and

16 (2) funds appropriated to such functions for

17 such period of time as may reasonably be needed to

18 facilitate the orderly implementation of this title.

19 SEC. 837. REFERENCES.

20 Any reference in any other Federal law or in any Ex21 ecutive order, rule, regulation, or delegation of authority,

22 or any document of or relating to—

23 (1) the head of the transferor agency with re24 gard to functions transferred under this title, shall
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1 be deemed to refer to the head of the transferee

2 agency; or

3 (2) the transferor agency with regard to func4 tions transferred under this title, shall be deemed to

5 refer to the transferee agency.

6 Subtitle E—Effective Date

7 SEC. 851. EFFECTIVE DATE.

8 Except as otherwise specifically provided in this Act,

9 this Act and the amendments made by this Act shall take

10 effect six months after the date of the enactment of this

11 Act, except that the President may prescribe an earlier

12 date. Any such date prescribed by the President shall be

13 published in the Federal Register.

Æ