ing, and execution review of the National Foreign Intel-
ligence Program.
SEC. 
223. 
LIMITATIONS 
ON 
TRANSFERS 
AND
REPROGRAMMING.
(a) LIMITATION ON NEW USE OF FUNDS AVAILABLE
FOR INTELLIGENCE ACTIVITIES.—Funds may not be
made available through transfer, reprogramming, or other
means between the Central Intelligence Agency or the
Clandestine Service and the Department of Defense for
any intelligence or special activity different from that pre-
viously justified to the Congress unless the Director of
Central Intelligence or the Secretary of Defense notifies
in advance the Permanent Select Committee on Intel-
ligence of the House of Representatives, the Select Com-
mittee on Intelligence of the Senate, and the Committees
on Appropriations of the Senate and House of Representa-
tives of the intent to make such funds available for such
activity.
(b) LIMITATION ON AMOUNTS TRANSFERRED.—The
amount that may be transferred from any account of an
element of the Intelligence Community for any fiscal year
may not exceed five percent of the aggregate portion of
the National Foreign Intelligence Program budget of that
element for that fiscal year.
(c) LIMITATION ON TRANSFER OF FUNDS AVAIL-
ABLE FOR DRUG INTERDICTION OR COUNTER-DRUG PUR-
POSES.—None of the funds available to the Central Intel-
ligence Agency or the Clandestine Service for any fiscal
year for drug interdiction and counter-drug activities may
be transferred to any other department or agency of the
United States except as specifically provided in an appro-
priations law.
SEC. 224. TRANSFER OF FUNDS OR PERSONNEL WITHIN
THE 
NATIONAL 
FOREIGN 
INTELLIGENCE
PROGRAM.
(a) GENERAL AUTHORITY.—In addition to any other
authorities available under law for such purposes, the Di-
rector of Central Intelligence, with the approval of the Di-
rector of the Office of Management and Budget, may
transfer funds appropriated for a program within the Na-
tional Foreign Intelligence Program to another such pro-
gram and, in accordance with procedures to be developed
by the Director and the heads of affected departments and
agencies, may transfer personnel authorized for an ele-
ment of the Intelligence Community to another such ele-
ment for periods up to a year.
(b) CONDITIONS.—A transfer of funds or personnel
may be made under this section only if—
(1) the funds or personnel are being transferred
to an activity that is a higher priority intelligence
activity;
(2) the need for funds or personnel for such ac-
tivity is based on unforeseen requirements;
(3) the transfer does not involve a transfer of
funds to the Reserve for Contingencies of the Direc-
tor of Central Intelligence; and
(4) the transfer does not involve a transfer of
funds or personnel from the Federal Bureau of In-
vestigation.
(c) AVAILABILITY
OF
TRANSFERRED
FUNDS.—
Funds transferred under this subsection shall remain
available for the same period as the appropriations ac-
count to which such funds are transferred.
(d) NOTIFICATION OF CONGRESS.—Any transfer of
funds under this section shall be carried out in accordance
with existing procedures applicable to reprogramming no-
tifications for the appropriate congressional committees.
Any proposed transfer for which notice is given to the ap-
propriate congressional committees shall be accompanied
by a report explaining the nature of the proposed transfer
and how it satisfies the requirements of this subsection.
In addition, the congressional intelligence committees shall
be promptly notified of any transfer of funds made pursu-
ant to this subsection in any case in which the transfer
would not have otherwise required reprogramming notifi-
cation under procedures in effect as of October 24, 1992.
(e) REPORT ON PERSONNEL TRANSFERS.—The Di-
rector shall promptly submit to the congressional intel-
ligence committees and, in the case of the transfer of per-
sonnel to or from the Department of Defense, the Commit-
tee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives, a
report on any transfer of personnel made pursuant to this
section. The Director shall include in any such report an
explanation of the nature of the transfer and how it satis-
fies the requirements of this subsection.
SEC. 225. LIMITATION ON REPROGRAMMING.
No funds made available under the National Foreign
Intelligence Program may be reprogrammed by any ele-
ment of the Intelligence Community without the prior ap-
proval of the Director of Central Intelligence except in ac-
cordance with procedures issued by the Director.
Subtitle C—Personnel
SEC. 231. USE OF PERSONNEL.
The Director of Central Intelligence shall, in coordi-
nation with the heads of departments and agencies with
elements in the Intelligence Community, institute policies
and programs within the Intelligence Community—
(1) to provide for the rotation of personnel be-
tween the elements of the Intelligence Community,
where appropriate, and to make such rotated service
a factor to be considered for promotion to senior po-
sitions;
(2) to consolidate, wherever possible, personnel,
administrative, and security programs to reduce the
overall costs of these activities within the Intel-
ligence Community;
(3) to ensure the maintenance of effective per-
formance evaluation systems with common standards
throughout the national Intelligence Community;
and
(4) to develop a community-wide career develop-
ment program that emphasizes corporate manage-
ment skills.
SEC. 232. AUTHORITY TO TERMINATE EMPLOYMENT OF
CERTAIN EMPLOYEES.
(a) IN GENERAL.—The Director of Central Intel-
ligence may, in the Director’s discretion, terminate the
employment of any officer or employee of the Central In-
telligence Agency, the Clandestine Service, or the Commu-
nity Management Staff whenever the Director considers
such termination to be necessary or advisable in the inter-
ests of the United States.
(b) OTHER EMPLOYMENT IN THE GOVERNMENT.—
Any such termination does not affect the right of the indi-
vidual whose employment is so terminated to seek or ac-
cept employment in any other department or agency of
the Government if declared eligible for such employment
by the Office of Personnel Management.
SEC. 233. INTELLIGENCE COMMUNITY RESERVE.
(a) ESTABLISHMENT.—The Director of Central Intel-
ligence shall establish an Intelligence Community Reserve.
(b) MEMBERS.—The Intelligence Community Reserve
may consist of former or retired personnel of elements of
the Intelligence Community and of other qualified individ-
uals, as determined by the Director of Central Intelligence.
Each member of the Intelligence Community Reserve shall
agree that, during any period of emergency (as determined
by the Director), the member shall return to active civilian
status within the Intelligence Community and shall per-
form such duties as the Director may assign.
(c) MONETARY INCENTIVES.—In order to attract in-
dividuals to become members of the Intelligence Commu-
nity Reserve, the Director, without regard to subchapter
IV of chapter 55 of title 5, United States Code, may pro-
vide special monetary incentives to individuals eligible to
become members of the Reserve who agree to become
members of the Intelligence Community Reserve and to
acquire or retain proficiency in such skills as the Director
shall specify.
(d) TRAINING AND SUPPORT.—In order to provide
training and support for members of the Intelligence Com-
munity Reserve, the Director—
(1) may pay all or part of the expenses related
to the training of individuals in the Intelligence
Community Reserve; and
(2) may pay benefits and allowances in accord-
ance with chapters 57 and 59 of title 5, United
States Code, to individuals in the Intelligence Com-
munity Reserve who are assigned to training at sites
away from their homes or regular places of business.
(e) SERVICE AGREEMENTS.—
(1) The Director, before providing training
under this section to any individual, may obtain an
agreement with that individual that—
(A) in the case of current employees, per-
tains to continuation of service of the employee,
and repayment of the expenses of such training
for failure to fulfill the agreement, consistent
with the provisions of section 4108 of title 5,
United States Code; and
(B) in the case of individuals accepted for
membership in the Intelligence Community Re-
plies unless waived in accordance with such section
2(b).
Subtitle D—Infrastructure Support
Office
SEC. 241. ESTABLISHMENT OF INFRASTRUCTURE SUPPORT
OFFICE.
(a) ESTABLISHMENT.—There is within the Intel-
ligence Community the Infrastructure Support Office.
(b) DIRECTOR.—The Office shall be headed by a Di-
rector, who shall be appointed by the Director of Central
Intelligence.
SEC. 242. RESPONSIBILITIES OF DIRECTOR OF THE INFRA-
STRUCTURE SUPPORT OFFICE.
(a) IN GENERAL.—Under the direction of the Deputy
Director of Central Intelligence for Community Manage-
ment, the Director of the Infrastructure Support Office
shall be responsible for administrative and logistical func-
tions relating to infrastructure and services of common
concern to elements of the Intelligence Community. Such
functions shall include the following:
(1) Personnel management.
(2) Security.
(3) Community-level training.
(4) Communications.
(5) Automation.
(6) Such additional functions as may be as-
signed by the Director of Central Intelligence.
(b) AUTOMATION EQUIPMENT.—The Director of the
Infrastructure Support Office shall establish standards
and information architectures for automation equipment
throughout the Intelligence Community. The Director
shall be responsible for life-cycle management, replace-
ment, and upgrading of such equipment.
Subtitle E—Intelligence
Community Administration
SEC. 251. SECRECY AGREEMENTS USED IN INTELLIGENCE
ACTIVITIES.
Notwithstanding any other provision of law not spe-
cifically referencing this section, a nondisclosure policy
form or agreement that is to be executed by a person con-
nected with the conduct of an intelligence or intelligence-
related activity, other than an employee or officer of the
United States Government, may contain provisions appro-
priate to the particular activity for which such document
is to be used. Such form or agreement shall, at a mini-
mum—
(1) require that the person will not disclose any
classified information received in the course of such
activity unless specifically authorized to do so by the
United States Government; and
(2) provide that the form or agreement does not
bar—
(A) disclosures to Congress; or
(B) disclosures to an authorized official of
an executive agency that are considered essen-
tial to reporting a violation of United States
law.
SEC. 
252. 
COORDINATION 
OF 
COUNTERINTELLIGENCE
MATTERS WITH THE FEDERAL BUREAU OF
INVESTIGATION.
(a) COORDINATION
BY OTHER AGENCIES WITH
FBI.—
(1) The head of each department or agency
within the executive branch shall ensure that the Di-
rector of the Federal Bureau of Investigation is in-
formed immediately of any information, regardless
of its origin, which indicates that classified informa-
tion is being, or may have been, disclosed in an un-
authorized manner to a foreign power or an agent
of a foreign power.
(2) Following the making of a report under
paragraph (1), the head of the department or agency
making the report shall ensure that the Director of
the Federal Bureau of Investigation is consulted
with respect to all subsequent actions that may be
undertaken by the department or agency to deter-
mine the source of such unauthorized disclosure.
(3) When, after appropriate consultation with
the head of the department or agency concerned, the
Director of the Federal Bureau of Investigation un-
dertakes investigative activities to determine the
source of the unauthorized disclosure, the head of
the department or agency concerned shall ensure
that the Director is given complete and timely access
to the employees and records of that department or
agency for purposes of such investigative activities.
(b) COORDINATION BY FBI WITH OTHER AGEN-
CIES.—
(1) The Director of the Federal Bureau of In-
vestigation shall ensure that when the Bureau ob-
tains espionage information pertaining to the per-
sonnel, operations, or information of another depart-
ment or agency of the executive branch, such infor-
mation is provided through appropriate channels to
the head of that department or agency.
(2) The Director shall ensure that when the
Bureau undertakes an espionage investigation which
involves the personnel, operations, or information of
another department or agency of the executive
branch after a report is provided pursuant to sub-
section (a)(1), the head of that department or agen-
cy is consulted with respect to that investigation.
(c) PRESIDENTIAL WAIVER AUTHORITY.—
(1) When essential to meet extraordinary cir-
cumstances affecting vital national security interests
of the United States as determined by the President,
the President may, on a case-by-case basis, waive
the requirements of subsection (a) or (b), as they
apply to the head of a particular department or
agency or to the Director of the Federal Bureau of
Investigation.
(2) Such a waiver shall be in writing and shall
fully state the justification for the waiver.
(3) Within 30 days after issuing such a waiver,
the President shall notify the congressional intel-
ligence committees that the waiver has been issued
and, at that time or as soon thereafter as national
security considerations permit, shall provide those
committees with a complete explanation of the cir-
cumstances which necessitated the waiver.
(d) ANNUAL REPORT.—The Director of the Federal
Bureau of Investigation shall, not later than February 1
of each year, submit to the congressional intelligence com-
mittees and, in accordance with applicable security proce-
dures, the Committees on the Judiciary of the Senate and
House of Representatives a report with respect to compli-
ance with subsections (a) and (b) during the previous cal-
endar year. Each such report shall be prepared in con-
sultation with the Director of Central Intelligence and the
Secretary of Defense.
(e) RELATIONSHIP TO DEPARTMENT OF DEFENSE
AUTHORITY OVER PERSONS SUBJECT TO UCMJ.—Noth-
ing in this section may be construed to—
(1) alter the jurisdictional arrangements in ef-
fect as of October 14, 1994, between the Federal
Bureau of Investigation and the Department of De-
fense with respect to investigations of persons sub-
ject to the Uniform Code of Military Justice (chap-
ter 47 of title 10, United States Code); or
(2) impose reporting requirements upon the De-
partment of Defense with respect to such investiga-
tions beyond those required by law and executive
branch policy as of October 14, 1994.
(f) DEFINITIONS.—As used in this section, the terms
‘‘foreign power’’ and ‘‘agent of a foreign power’’ have the
meanings set forth in sections 101(a) and 101(b), respec-
tively, of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801).
SEC. 253. INTELLIGENCE COMMUNITY CONTRACTING.
The Director of Central Intelligence shall direct that
elements of the Intelligence Community, whenever com-
patible with the national security interests of the United
States and consistent with the operational and security
concerns related to the conduct of intelligence activities,
and where fiscally sound, shall award contracts in a man-
ner that would maximize the procurement of products in
the United States.
TITLE III—INTELLIGENCE
COMMUNITY AGENCIES
Subtitle A—Central Intelligence
Agency
SEC. 301. CENTRAL INTELLIGENCE AGENCY.
There is a Central Intelligence Agency. The Central
Intelligence Agency is the principal all-source national in-
telligence analytical agency. The Director of Central Intel-
ligence is the head of the Central Intelligence Agency and
shall carry out the functions of the Central Intelligence
Agency through the Deputy Director of Central Intel-
ligence for the Central Intelligence Agency.
SEC. 302. DUTIES OF DIRECTOR OF CENTRAL INTEL-
LIGENCE WITH REGARD TO THE CENTRAL IN-
TELLIGENCE AGENCY.
The Director of Central Intelligence, as head of the
Central Intelligence Agency, shall—
(1) correlate and evaluate intelligence related to
the national security of national intelligence; and
(2) provide appropriate dissemination of such
intelligence.
SEC. 303. FUNCTIONS OF THE CENTRAL INTELLIGENCE
AGENCY.
The Director of Central Intelligence, as head of the
Central Intelligence Agency, shall perform the following
functions:
(1) Correlating and evaluating intelligence re-
lated to national security collected from all sources
available throughout the Intelligence Community
and facilitating appropriate dissemination of such
intelligence.
(2) Coordinating analyses conducted by the ele-
ments of the Intelligence Community and establish-
ing procedures for collaborative all-source analysis.
(3) Producing national intelligence estimates.
(4) Managing the acquisition and incorporation
of all-source intelligence into the community all-
source analytical process.
Subtitle B—The Clandestine
Service
SEC. 321. THE CLANDESTINE SERVICE.
(a) ESTABLISHMENT.—There is within the executive
branch of Government an independent entity designated
as the Clandestine Service. The Director of Central Intel-
ligence is the head of the Clandestine Service.
(b) DIRECTOR.—The Clandestine Service shall be ad-
ministered by a Director, who shall report directly to the
Director of Central Intelligence. The Director of the Clan-
destine Service shall be appointed from among intelligence
professionals and shall have extensive current or prior ex-
perience within the Intelligence Community. The Director
of the Clandestine Service may not be an active-duty mem-
ber of the Armed Forces.
(c) DEPUTY DIRECTORS.—
(1) There shall be such deputy directors of the
Clandestine Service as the Director of Central Intel-
ligence may designate.
(2)(A) One of the deputy directors shall be a
Deputy Director for Clandestine Military Activities
and Support.
(B) The Deputy Director for Clandestine Mili-
tary Activities and Support shall be responsible for
coordination between the Clandestine Service and
the various military and defense elements of the In-
telligence Community.
(C) The Deputy Director for Clandestine Mili-
tary Activities and Support shall be responsible for
the functions of the Clandestine Service carried out
through elements of the Department of Defense.
(D) The Deputy Director for Clandestine Mili-
tary Activities and Support shall be selected from
active duty professional military intelligence officers
in the grade of major general or rear admiral.
SEC. 322. FUNCTIONS OF THE CLANDESTINE SERVICE.
(a) IN GENERAL.—The functions to be carried out
through the Director of the Clandestine Service are the
following:
(1) Collecting national intelligence clandestinely
through human sources and by other appropriate
means, using the elements of the Intelligence Com-
munity authorized to undertake such collection.
(2) Ensuring that the most effective use is
made of resources authorized for the purposes of
paragraph (1) and minimizing the risks to the Unit-
ed States inherent in clandestine collection oper-
ations.
(3) Managing the administrative and technical
support activities of the Intelligence Community nec-
essary to carrying out clandestine collection and ex-
isting principally to support the activities of the
Clandestine Service.
(4) Performing such other functions as the Di-
rector of Central Intelligence may direct.
(b) CLANDESTINE HUMAN INTELLIGENCE COLLEC-
TION.—All national clandestine human intelligence collec-
tion activities are subject to the authority of the Director
of the Clandestine Service, including clandestine human
intelligence collection activities of the Department of De-
fense.
SEC. 323. APPLICABLE STATUTES.
Any reference as of the date of the enactment of this
Act to the Central Intelligence Agency in any provision
of law, or in any directive, rule, regulation, order, or other
document of the United States, shall be treated for all pur-
poses as including a reference to the Clandestine Service.
Subtitle C—The National
Intelligence Evaluation Council
SEC. 331. NATIONAL INTELLIGENCE EVALUATION COUNCIL.
(a) ESTABLISHMENT.—There is within the Intel-
ligence Community the National Intelligence Evaluation
Council.
(b) MEMBERS.—The National Intelligence Evalua-
tion Council shall be composed of senior analysts within
the Intelligence Community and may include substantive
experts from the public and private sector. Members of
the Council shall be appointed by, report to, and serve at
the pleasure of, the Director of Central Intelligence. The
Director of Central Intelligence shall appoint the head of
the Council from among its members, who shall report di-
rectly to the Director of Central Intelligence.
(c) SECURITY REQUIREMENTS.—The Director of
Central Intelligence shall prescribe appropriate security
requirements for personnel appointed from the private sec-
tor as a condition of service on the Council to ensure the
protection of intelligence sources and methods while avoid-
ing, wherever possible, unduly intrusive requirements
which the Director considers to be unnecessary for this
purpose.
SEC. 332. FUNCTIONS OF THE NATIONAL INTELLIGENCE
EVALUATION COUNCIL.
The National Intelligence Evaluation Council shall
evaluate Intelligence Community-wide collection and pro-
duction of intelligence, as well as the requirements and
resources for such collection and production. Such evalua-
tion shall be performed in consultation with both Deputy
Directors of Central Intelligence and with the Director of
Military Intelligence.
SEC. 333. STAFFING OF THE NATIONAL INTELLIGENCE
EVALUATION COUNCIL.
The Director of Central Intelligence shall make avail-
able to the National Intelligence Evaluation Council such
staff as may be necessary to permit the Council to carry
out its responsibilities under this subtitle and shall take
appropriate measures to ensure that the Council and its
staff satisfy the needs of policymaking officials and other
consumers of intelligence.
TITLE IV—DEPARTMENT OF DE-
FENSE FUNCTIONS IN THE IN-
TELLIGENCE COMMUNITY
Subtitle A—Secretary of Defense
SEC. 401. OVERALL SECRETARY OF DEFENSE FUNCTIONS.
The Secretary of Defense shall perform such intel-
ligence functions as may be directed by the President by
Executive order or otherwise.
SEC. 402. REQUIREMENT THAT BUDGETS FOR INTEL-
LIGENCE COMPONENTS BE ADEQUATE.
The Secretary of Defense shall ensure that the budg-
ets of the elements of the Intelligence Community within
the Department of Defense for any fiscal year are ade-
quate to satisfy the overall intelligence needs of the De-
partment of Defense, including—
(1) the needs of the chairman of the Joint
Chiefs of Staff;
(2) the needs of the commanders of the unified
and specified commands; and
(3) the needs of other departments and agen-
cies, as appropriate.
SEC. 403. IMPLEMENTATION OF DIRECTOR OF CENTRAL IN-
TELLIGENCE POLICIES AND RESOURCE DECI-
SIONS.
The Secretary of Defense shall ensure appropriate
implementation of the policies and resource decisions of
the Director of Central Intelligence by elements of the De-
partment of Defense within the National Foreign Intel-
ligence Program.
SEC. 404. RELATIONSHIP OF NFIP ACTIVITIES TO TACTICAL
INTELLIGENCE ACTIVITIES.
The Secretary of Defense shall ensure that the tac-
tical intelligence activities of the Department of Defense
complement, and are compatible with, intelligence activi-
ties under the National Foreign Intelligence Program. The
Secretary shall carry out this section through the Director
of Military Intelligence.
SEC. 405. RESPONSIVENESS TO OPERATIONAL MILITARY
FORCES.
The Secretary of Defense shall ensure that the ele-
ments of the Intelligence Community within the Depart-
ment of Defense are responsive and timely with respect
to satisfying the needs of operational military forces.
SEC. 406. ELIMINATION OF WASTE AND UNNECESSARY DU-
PLICATION.
The Secretary of Defense shall eliminate waste and
unnecessary duplication among the intelligence activities
of the Department of Defense.
SEC. 407. JOINT AND CORPORATE CONDUCT OF DEFENSE
INTELLIGENCE ACTIVITIES.
The Secretary of Defense shall ensure that, when ap-
propriate, intelligence activities of the Department of De-
fense are conducted (1) jointly, and (2) cooperatively with
elements of the Intelligence Community outside the De-
partment of Defense.
SEC. 408. USE OF ELEMENTS OF DEPARTMENT OF DE-
FENSE.
The Secretary of Defense, in carrying out the func-
tions of the Secretary under this Act, may use such ele-
ments of the Department of Defense as may be appro-
priate for the execution of those functions, in addition to,
or in lieu of, the elements specifically identified in this Act
for the performance of those functions.
Subtitle B—Director of Military
Intelligence
SEC. 421. DIRECTOR OF MILITARY INTELLIGENCE.
(a) ESTABLISHMENT OF POSITION.—There is a Di-
rector of Military Intelligence, appointed by the President,
by and with the advice and consent of the Senate, from
the officers of the regular components of the Armed
Forces on active duty. The Director, while so serving,
holds the grade of lieutenant general or vice admiral.
(b) NOMINATION.—A recommendation by the Sec-
retary of Defense to the President for appointment of an
officer as Director of Military Intelligence may be made
only with the concurrence of the Director of Central Intel-
ligence.
SEC. 422. FUNCTIONS OF THE DIRECTOR OF MILITARY IN-
TELLIGENCE.
(a) SENIOR MILITARY INTELLIGENCE ADVISER.—
The Director of Military Intelligence is the senior military
intelligence adviser to the Secretary of Defense.
(b) DIRECTOR OF DIA.—The Director of Military In-
telligence is the Director of the Defense Intelligence Agen-
cy.
(c) PROGRAM MANAGER FOR JMIP.—The Director
of Military Intelligence is the program manager for the
Joint Military Intelligence Program (or any successor pro-
gram).
(d) PROGRAM COORDINATOR FOR TIARA.—The Di-
rector of Military Intelligence is the program coordinator
for the activities in the Department of Defense known as
Tactical Intelligence and Related Activities (TIARA).
SEC. 423. ROLE OF DIRECTOR OF MILITARY INTELLIGENCE
IN THE INTELLIGENCE COMMUNITY.
(a) NATIONAL
INTELLIGENCE.—The Director of
Military Intelligence, as director of the Defense Intel-
ligence Agency, is accountable to the Director of Central
Intelligence in matters relative to the collection and pros-
ecution of national intelligence.
(b) INTELLIGENCE REQUIREMENTS
OF
THE SEC-
RETARY
OF DEFENSE
AND
THE JOINT CHIEFS
OF
STAFF.—The Director of Military Intelligence shall be re-
sponsible for ensuring that the intelligence requirements
of the Secretary of Defense and the Joint Chiefs of Staff
are met.
SEC. 424. PLANNING AND BUDGET FUNCTIONS.
(a) JMIP RESPONSIBILITY.—The Director of Mili-
tary Intelligence is responsible within the Department of
Defense for development and submission of the Joint Mili-
tary Intelligence Program for any fiscal year.
(b) TIARA RESPONSIBILITY.—The Director is re-
sponsible within the Department of Defense for coordina-
tion of the development and submission of the budget for
any fiscal year for programs, projects, and activities in-
cluded within Tactical Intelligence and Related Activities.
(c) OVERALL BUDGET COORDINATION.—The Direc-
tor is the central point of contact in the Department of
Defense for budget coordination with the Deputy Director
of Central Intelligence for Community Management relat-
ing to the development and submission of the National
Foreign Intelligence Program for any fiscal year.
SEC. 425. STAFF.
The Director of Military Intelligence shall have a
staff sufficient to enable the Director to carry out the
functions of the Director, including responsibilities with
respect to budget development, planning, programming,
and coordination. The Director shall ensure that the staff
acts in a coordinated and corporate way with the Commu-
nity Management Staff and the Infrastructure Support
Office.
Subtitle C—The Military
Departments
SEC. 441. INTELLIGENCE CAPABILITIES OF THE MILITARY
DEPARTMENTS.
(a) REQUIREMENT FOR MAINTENANCE OF CAPABILI-
TIES.—Under the direction of the Secretary of Defense,
the Secretaries of the military departments shall maintain
sufficient capabilities to collect and produce intelligence to
meet—
(1) the requirements of the Director of Central
Intelligence;
(2) the requirements of the Secretary of De-
fense or the Chairman of the Joint Chiefs of Staff;
and
(3) the specialized requirements of the military
departments for intelligence necessary to support—
(A) tactical commanders;
(B) military planners;
(C) the research and development process;
(D) the acquisition of military equipment;
and
(E) training and doctrine.
(b) LEVEL
AND FORM
OF CAPABILITIES TO BE
MAINTAINED.—The Secretaries of the military depart-
ments shall ensure that the capabilities maintained pursu-
ant to subsection (a) do not exceed that which is necessary
to satisfy the requirements of their respective depart-
ments. To the extent feasible, the Secretaries shall provide
for such capabilities to be maintained jointly and in the
most efficient and cost-effective form.
Subtitle D—Planning and
Budgeting
SEC. 451. JOINT MILITARY INTELLIGENCE PROGRAM.
(a) IN GENERAL.—The Joint Military Intelligence
Program consists of those programs, projects, and activi-
ties of the Department of Defense that are intended to
provide intelligence, surveillance, and reconnaissance ca-
pabilities that support multiple defense-wide or joint thea-
ter-level consumers.
(b) COMPONENTS.—The Joint Military Intelligence
Program includes the programs, projects, and activities
that as of the date of the enactment of this Act are des-
ignated as follows:
(1) The Defense Imagery Program.
(2) The Defense Cryptologic Program.
(3) The Defense Mapping, Charting, and Geod-
esy Program.
(4) The Defense General Intelligence Applica-
tions Program, including—
(A) the Defense Airborne Reconnaissance
Program;
(B) the Defense Space Reconnaissance
Program;
(C) the Defense Intelligence Counterdrug
Program;
(D) the Defense Intelligence Tactical Pro-
gram; and
(E) the Defense Intelligence Special Tech-
nologies Program.
(c) ADDITIONAL COMPONENTS.—The Joint Military
Intelligence Program includes such additional programs,
projects, and activities as are specified by law or are des-
ignated by the Secretary of Defense.
SEC. 452. TACTICAL INTELLIGENCE AND RELATED ACTIVI-
TIES (TIARA).
(a) IN GENERAL.—The set of programs, projects,
and activities in the Department of Defense referred to
as Tactical Intelligence and Related Activities are those
programs, projects, and activities of the Department of
Defense that—
(1) provide intelligence, surveillance, and recon-
naissance capabilities that are unique to one of the
military services; and
(2) are part of a force structure organic to one
of the military services at the component level and
below.
(b) INCLUDED PERSONNEL ACTIVITIES.—Those ac-
tivities include activities that train personnel for intel-
ligence duties or provide an intelligence reserve.
(c) CERTAIN WEAPONS TARGETING PROGRAMS EX-
CLUDED.—Those activities do not include programs that
are so closely integrated with a weapons system that their
primary function is to provide immediate-use targeting
data.
SEC. 453. NOTICE TO CONGRESS OF CHANGES IN JMIP AND
TIARA.
The Secretary of Defense may not add to or remove
program elements from (other than a change provided by
law) the Joint Military Intelligence Program or the Tac-
tical Intelligence and Related Activities aggregation for
any fiscal year unless the Secretary included notice of the
proposed change with the budget justification materials
submitted to the congressional intelligence committees for
the preceding fiscal year. The Secretary shall include with
any such notice a statement providing an explanation and
justification for the proposed change.
TITLE V—DEPARTMENT OF DE-
FENSE AGENCIES IN THE IN-
TELLIGENCE COMMUNITY
Subtitle A—Defense Intelligence
Agency
SEC. 501. DEFENSE INTELLIGENCE AGENCY GENERALLY.
(a) IN GENERAL.—There is within the Department
of Defense a Defense Agency designated as the Defense
Intelligence Agency. The Director of Military Intelligence
is the head of the Defense Intelligence Agency.
(b) SUPERVISION.—The Director of Military Intel-
ligence shall carry out the Director’s responsibilities as
head of the Defense Intelligence Agency under the direc-
tion of the Secretary of Defense and subject to the author-
ity and guidance of the Director of Central Intelligence
for those activities that support national intelligence re-
quirements.
SEC. 502. FUNCTIONS OF THE DEFENSE INTELLIGENCE
AGENCY.
(a) PRODUCTION.—The Director of Military Intel-
ligence, in the Director’s capacity as head of the Defense
Intelligence Agency, shall produce timely, objective mili-
tary and military-related intelligence, independent of polit-
ical considerations or bias and based upon all sources
available to the Intelligence Community.
(b) DISSEMINATION OF INTELLIGENCE.—The Direc-
tor shall ensure the appropriate dissemination of intel-
ligence produced pursuant to subsection (a) to authorized
recipients.
(c) MANAGEMENT OF JOINT INTELLIGENCE CEN-
TER.—The Director shall manage the Joint Intelligence
Center as provided by section 923 of Public Law 102–
190 (10 U.S.C. 201 note; 105 Stat. 1453).
(d) COORDINATION.—The Director shall coordinate
the exercise pursuant to section 924 of Public Law 102–
190 (10 U.S.C. 113 note; 105 Stat. 1454) of national in-
telligence collections systems and exploitation organiza-
tions that would be used to provide intelligence support,
including support of the combatant commands, during a
crisis or conflict.
(e) DEFENSE ATTACHE SYSTEM.—The Director shall
manage the Defense Attache system.
(f) ADDITIONAL FUNCTIONS.—The Director shall
perform such additional services of common concern to the
intelligence elements of the Department of Defense as the
Secretary of Defense determines can be more efficiently
accomplished centrally.
Subtitle B—Technical Collection
Agency
SEC. 521. ESTABLISHMENT OF TECHNICAL COLLECTION
AGENCY.
(a) ESTABLISHMENT OF AGENCY.—There is within
the Department of Defense a Defense Agency designated
as the Technical Collection Agency. The mission of the
Technical Collection Agency is to collect, and to carry out
exploitation of, all forms of intelligence other than human
intelligence and open-source intelligence, including the fol-
lowing:
(1) SIGINT.—Signals Intelligence.
(2) IMINT.—Imagery Intelligence.
(3) MASINT.—Measurement and Signatures In-
telligence.
(b) DIRECTOR.—The Director of the Technical Col-
lection Agency may be a civilian employee of the Depart-
ment of Defense or an officer of the Armed Forces on
active duty. If the Director is a civilian, or an officer of
the Armed Forces in a grade below lieutenant general or
vice admiral, the Director shall be appointed by the Sec-
retary of Defense, with the concurrence of the Director
of Central Intelligence. If the Director is an officer of the
Armed Forces to be appointed by the President under sec-
tion 601 of title 10, United States Code, to serve as Direc-
tor in the grade of lieutenant general or vice admiral (or
above), the Secretary of Defense may submit a rec-
ommendation to the President for such appointment only
with the concurrence of the Director of Central Intel-
ligence.
(c) SUPERVISION OF DIRECTOR.—The Director car-
ries out the Director’s duties under the direction of the
Secretary of Defense. The Director’s duties include sup-
porting requirements for national intelligence, and the Di-
rector shall carry out those duties subject to tasking by
the Director of Central Intelligence.
SEC. 522. SIGINT, IMINT, AND MASINT FUNCTIONS.
The Director of the Technical Collection Agency shall
be responsible for—
(1) the establishing and giving direction for the
conduct of technical collection intelligence activities,
including signals intelligence (SIGINT), imagery in-
telligence (IMINT), and measurement and signa-
tures intelligence (MASINT);
(2) the first-phase (or initial) exploitation of the
results of such collection;
(3) the dissemination of the product of such
collection in a timely manner to authorized recipi-
ents within the Government; and
(4) the development of processing and exploi-
tation technologies to support these functions.
SEC. 523. RECONNAISSANCE SYSTEMS.
The Director of the Technical Collection Agency shall
serve as the sole agent within the Intelligence Community
for—
(1) the specification of technical requirements
for such reconnaissance systems as may be needed
to meet the signals intelligence, imagery intelligence,
and measurement and signatures intelligence collec-
tion requirements of the Intelligence Community;
and
(2) the operation and final disposition of such
systems.
SEC. 524. APPLICABLE STATUTES.
Any reference to the National Security Agency in any
provision of law, or in any directive, rule, regulation,
order, or other document of the United States, shall be
treated for all purposes as referring to the Technical Col-
lection Agency.
Subtitle C—Technology
Development Office
SEC. 531. ESTABLISHMENT OF THE TECHNOLOGY DEVEL-
OPMENT OFFICE.
(a) ESTABLISHMENT.—There is within the Depart-
ment of Defense a Technology Development Office, which
shall be headed by a Director.
(b) DIRECTOR.—The Director of the Technology De-
velopment Office may be a civilian employee of the Depart-
ment of Defense or an officer of the Armed Forces on
active duty. If the Director is a civilian, or an officer of
the Armed Forces in a grade below lieutenant general or
vice admiral, the Director shall be appointed by the Sec-
retary of Defense, with the concurrence of the Director
of Central Intelligence. If the Director is an officer of the
Armed Forces to be appointed by the President under sec-
tion 601 of title 10, United States Code, to serve as Direc-
tor in the grade of lieutenant general or vice admiral (or
above), the Secretary of Defense may submit a rec-
ommendation to the President for such appointment only
with the concurrence of the Director of Central Intel-
ligence.
(c) MILITARY OFFICER SERVING AS DIRECTOR.—If
the position of Director of the Technology Development
Office is held by an officer of the Armed Forces on the
active-duty list, the officer while so serving shall hold the
grade of lieutenant general or vice admiral.
(d) SUPERVISION.—The Director of the Technology
Development Office carries out the Director’s duties sub-
ject to the direction of the Secretary of Defense. The Di-
rector shall carry out those duties to support the needs
for national intelligence and is subject to tasking by the
Director of Central Intelligence.
SEC. 532. RESPONSIBILITIES FOR SATELLITE RECONNAIS-
SANCE SYSTEMS.
The Director of the Technology Development Office
shall serve as the sole agent within the Intelligence Com-
munity for the conduct of research, development, test, and
evaluation, for procurement, and for launch of satellite re-
connaissance systems that may be required to satisfy the
intelligence collection requirements of the Intelligence
Community.
SEC. 533. ACQUISITION AND OPERATION OF OTHER RECON-
NAISSANCE AND SENSOR SYSTEMS.
The Director of the Technology Development Office
shall function as the primary agent within the Intelligence
Community for the conduct of research, development, test,
evaluation and for procurement of reconnaissance, surveil-
lance, and sensor systems, including airborne and mari-
time reconnaissance capabilities within the National For-
eign Intelligence Program and the Joint Military Intel-
ligence Program.
SEC. 534. APPLICABLE LAWS.
The provisions of section 8 of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 403j) shall apply to the
funds appropriated for the Technology Development Of-
fice through the National Foreign Intelligence Program in
the same manner as those provisions apply to funds appro-
priated for the Central Intelligence Agency.
TITLE VI—NATIONAL SECURITY
COUNCIL 
AND 
RELATED
BOARDS AND COMMITTEES
SEC. 601. RECODIFICATION OF LAWS RELATING TO NA-
TIONAL SECURITY COUNCIL AND RELATED
BOARDS AND COMMITTEES IN EXECUTIVE
OFFICE OF THE PRESIDENT.
Title I of the National Security Act of 1947 is
amended by striking out the title heading and sections 101
through 107 and inserting in lieu thereof the following:
‘‘TITLE I—NATIONAL SECURITY
COUNCIL 
AND 
RELATED
BOARDS AND COMMITTEES
‘‘SEC. 101. NATIONAL SECURITY COUNCIL.
‘‘(a) IN GENERAL.—There is in the Executive Office
of the President the National Security Council. The Coun-
cil is composed of the following:
‘‘(1) The President.
‘‘(2) The Vice President.
‘‘(3) The Secretary of State.
‘‘(4) The Secretary of Defense.
‘‘(b) ADDITIONAL PARTICIPANTS.—Subject to the di-
rection of the President, the following officers may attend
and participate in meetings of the National Security Coun-
cil:
‘‘(1) DIRECTOR OF CENTRAL INTELLIGENCE.—
The Director of Central Intelligence (or, in the Di-
rector’s absence, a Deputy Director of Central Intel-
ligence), in the performance of the Director’s duties
under this Act and the Intelligence Community Act.
‘‘(2) CHAIRMAN
OF
THE
JOINT
CHIEFS
OF
STAFF.—The Chairman (or, in the Chairman’s ab-
sence, the Vice Chairman) of the Joint Chiefs of
Staff, in the Chairman’s role as principal military
adviser to the National Security Council.
‘‘(3) DIRECTOR OF NATIONAL DRUG CONTROL
POLICY.—The Director of National Drug Control
Policy, in the Director’s role as principal adviser to
the National Security Council on national drug con-
trol policy, but only through the date specified in
section 1009 of the National Narcotics Leadership
Act of 1988 (21 U.S.C. 1506).
‘‘(4) OTHERS
DESIGNATED
BY
THE
PRESI-
DENT.—Such additional officers as may be des-
ignated by the President.
‘‘(c) FUNCTIONS.—The function of the Council shall
be to advise the President with respect to the integration
of domestic, foreign, and military policies relating to the
national security so as to enable the military services and
the other departments and agencies of the Government to
cooperate more effectively in matters involving the na-
tional security. In addition to performing such other func-
tions as the President may direct, the Council (subject to
the direction of the President) shall, for the purpose of
more effectively coordinating the policies and functions of
the departments and agencies of the Government relating
to the national security—
‘‘(1) assess and appraise the objectives, commit-
ments, and risks of the United States in relation to
our actual and potential military power, in the inter-
est of national security, for the purpose of making
recommendations to the President in connection
therewith; and
‘‘(2) consider policies on matters of common in-
terest to the departments and agencies of the Gov-
ernment concerned with the national security and
make recommendations to the President in connec-
tion therewith.
‘‘(d) 
RECOMMENDATIONS
AND
REPORTS.—The
Council shall, from time to time, make such recommenda-
tions and such other reports to the President as it consid-
ers appropriate or as the President may require.
‘‘(e) STAFF.—The Council shall have a staff to be
headed by a civilian executive secretary who shall be ap-
pointed by the President. The executive secretary, subject
to the direction of the Council, may subject to the civil-
service laws, appoint and fix the compensation of such per-
sonnel as may be necessary to perform such duties as may
be prescribed by the Council in connection with the per-
formance of its functions.
‘‘SEC. 104. BOARD FOR LOW INTENSITY CONFLICT.
‘‘(a) ESTABLISHMENT OF BOARD.—The President
shall establish within the National Security Council a
board to be known as the ‘Board for Low Intensity Con-
flict’.
‘‘(b) FUNCTION.—The principal function of the board
shall be to coordinate the policies of the United States for
low intensity conflict.
‘‘SEC. 105. NATIONAL COUNTERINTELLIGENCE POLICY
BOARD.
‘‘(a) ESTABLISHMENT OF BOARD.—There is within
the executive branch of the Government a National Coun-
terintelligence Policy Board. The Board shall report to the
President through the National Security Council.
‘‘(b) FUNCTION OF THE BOARD.—The Board shall
serve as the principal mechanism for—
‘‘(1) developing policies and procedures for the
approval of the President to govern the conduct of
counterintelligence activities; and
‘‘(2) resolving conflicts, as directed by the
President, which may arise between elements of the
Government which carry out such activities.’’.
SEC. 602. COMMITTEE ON FOREIGN INTELLIGENCE.
Title I of the National Security Act of 1947, as
amended by section 601, is further amended by inserting
after section 101 the following new section 103:
‘‘SEC. 103. COMMITTEE ON FOREIGN INTELLIGENCE.
‘‘(a) ESTABLISHMENT OF COMMITTEE.—There is es-
tablished within the National Security Council a Commit-
tee on Foreign Intelligence. The Committee shall be com-
posed of the following:
‘‘(1) The Assistant to the President for Na-
tional Security Affairs, who shall serve as chairman
of the Committee.
‘‘(2) The following officers or their respective
deputies:
‘‘(A) The Director of Central Intelligence.
‘‘(B) The Secretary of State.
‘‘(C) The Secretary of Defense.
‘‘(D) The Attorney General.
‘‘(E) The Chairman of the Joint Chiefs of
Staff.
‘‘(3) Such other members as the President may
designate.
‘‘(b) FUNCTION.—The function of the Committee on
Foreign Intelligence shall be—
‘‘(1) to establish, consistent with the policy and
objectives of the President, the overall requirements
and priorities for the Intelligence Community; and
‘‘(2) to assess regularly, on behalf of the Presi-
dent, how effectively the Intelligence Community has
performed its responsibilities under this Act and the
Intelligence Community Act.