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 intel-
ligence, to reorganize the agencies of the Government engaged in intel-
ligence 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 Perma-
nent 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 intel-
ligence 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 Com-
munity for the 21st century, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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 re-
source 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 Commu-
nity.
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 sys-
tems.
Sec. 534. Applicable laws.
TITLE VI—NATIONAL SECURITY COUNCIL AND RELATED BOARDS
AND COMMITTEES
Sec. 601. Recodification of laws relating to National Security Council and relat-
ed 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 Commu-
nity.
Subtitle C—General Transfer Provisions
Sec. 821. Transfer of functions.
Sec. 822. Transfer and allocations of appropriations and personnel.
Sec. 823. Incidental transfers.
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.
SEC. 3. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress makes the following
findings:
(1) The United States must maintain an intel-
ligence capability to collect and analyze information
concerning world events that may threaten its secu-
rity so as to be in a position to anticipate and re-
spond to such events in an effective and timely man-
ner.
(2) The existing framework for the conduct of
United States intelligence activities, established by
the National Security Act of 1947, has evolved
largely without changes to the original statutory
framework, but rather as a matter of Executive
order and directive.
(3) Although the Director of Central Intel-
ligence has had an overall, coordinating role for
United States intelligence activities, under existing
law and by Executive order the Director has, in fact,
lacked sufficient authorities to exercise this respon-
sibility effectively, leaving control largely decentral-
ized within elements of the Intelligence Community.
(b) PURPOSES.—The purposes of this Act are—
(1) to provide a corporate framework for the
improved management of United States intelligence
activities at all levels and within all intelligence dis-
ciplines;
(2) to provide an institutional structure that
will continue to ensure that the Intelligence Commu-
nity serves the needs of the Government as a whole
in an effective, timely, and corporate manner;
(3) to clarify by law the responsibilities of Unit-
ed States intelligence agencies; and
(4) to improve the congressional oversight of in-
telligence activities.
SEC. 4. DEFINITIONS.
For the purposes of this Act:
(1) INTELLIGENCE.—The term ‘‘intelligence’’
includes foreign intelligence and counterintelligence.
(2) FOREIGN INTELLIGENCE.—The term ‘‘for-
eign intelligence’’ means information relating to the
capabilities, intentions, or activities of foreign gov-
ernments or elements thereof, foreign organizations,
foreign transnational entities, or foreign persons.
(3) COUNTERINTELLIGENCE.—The term ‘‘coun-
terintelligence’’ means information gathered and ac-
tivities conducted to protect against espionage, other
intelligence activities, sabotage, or assassinations
conducted by or on behalf of foreign governments or
elements thereof, foreign organizations, foreign
transnational entities, or foreign persons, or inter-
national terrorist activities.
(4) NATIONAL
INTELLIGENCE
AND
INTEL-
LIGENCE RELATED TO NATIONAL SECURITY.—The
terms ‘‘national intelligence’’ and ‘‘intelligence relat-
ed to the national security’’—
(A) each refer to intelligence that pertains
to the interests of the Government generally,
rather than to the interests of a single depart-
ment or agency of Government, or to a compo-
nent of such department or agency;
(B) do not refer to intelligence necessary
to plan or conduct tactical military operations
by United States Armed Forces; and
(C) do not refer to counterintelligence or
law enforcement activities conducted by the
Federal Bureau of Investigation except to the
extent provided for in procedures agreed to by
the Director of Central Intelligence and the At-
torney General, or otherwise as expressly pro-
vided for in this Act.
(5) NATIONAL
FOREIGN
INTELLIGENCE
PRO-
GRAM.—The term ‘‘National Foreign Intelligence
Program’’ refers to all programs, projects, and ac-
tivities of the Intelligence Community which are in-
tended to produce national intelligence, as well as
any other programs of the Intelligence Community
designated jointly by the Director of Central Intel-
ligence and the head of a United States department
or agency or by the President. Such term does not
include programs, projects, or activities of the mili-
tary departments to acquire intelligence solely for
the planning and conduct of tactical military oper-
ations by United States Armed Forces.
(6) CONGRESSIONAL
INTELLIGENCE
COMMIT-
TEES.—The term ‘‘congressional intelligence com-
mittees’’ means—
(A) the Select Committee on Intelligence of
the Senate; and
(B) the Permanent Select Committee on
Intelligence of the House of Representatives.
TITLE I—INTELLIGENCE
COMMUNITY GENERALLY
Subtitle A—Director of Central
Intelligence
SEC. 101. DIRECTOR OF CENTRAL INTELLIGENCE.
(a) DIRECTOR OF CENTRAL INTELLIGENCE.—There
is a Director of Central Intelligence. The Director of
Central Intelligence is—
(1) the principal adviser to the President and
the National Security Council for intelligence mat-
ters related to the national security; and
(2) the head of the Intelligence Community.
(b) APPOINTMENT.—The Director of Central Intel-
ligence is appointed by the President, by and with the ad-
vice and consent of the Senate.
(c) ACTING DCI.—
(1) The Director of Central Intelligence shall
designate one of the two Deputy Directors of
Central Intelligence to act for, and exercise the pow-
ers of, the Director during the Director’s absence or
disability.
(2) In the event of a vacancy in the office of
Director of Central Intelligence, the President shall
designate one of the two Deputy Directors of
Central Intelligence to act as, and exercise the pow-
ers of, the Director during the vacancy.
SEC. 102. GENERAL INTELLIGENCE RESPONSIBILITIES OF
THE DIRECTOR.
(a) PROVISION OF INTELLIGENCE TO THE PRESI-
DENT.—Under the direction of the National Security
Council, the Director of Central Intelligence shall be re-
sponsible for providing intelligence to the President.
(b) PROVISION
OF INTELLIGENCE
TO OTHERS.—
Under the direction of the National Security Council, the
Director of Central Intelligence shall be responsible for
providing intelligence—
(1) to the heads of departments and agencies of
the executive branch;
(2) to the Chairman of the Joint Chiefs of
Staff, to the commanders of the unified combatant
commands, and to other senior military command-
ers; and
(3) to the Senate and House of Representatives
and the appropriate committees thereof.
(c) INTELLIGENCE TO BE OBJECTIVE AND TIME-
LY.—Intelligence provided by the Director pursuant to
this section should be timely and objective and shall be
provided independent of political considerations or bias
and based upon all sources available to the Intelligence
Community.
SEC. 103. PREPARATION OF ANNUAL BUDGET FOR NA-
TIONAL FOREIGN INTELLIGENCE PROGRAM.
The Director of Central Intelligence shall develop (in
accordance with subtitle B of title II) and present to the
President an annual budget for the National Foreign In-
telligence Program of the United States.
SEC. 104. FOREIGN INTELLIGENCE COLLECTION.
The Director of Central Intelligence shall establish
the requirements and priorities to govern the collection of
national intelligence by elements of the Intelligence Com-
munity and shall manage the collection capabilities of the
Intelligence Community to ensure that national require-
ments are met.
SEC. 105. PROTECTION OF SOURCES AND METHODS.
The Director of Central Intelligence shall protect in-
telligence sources and methods from unauthorized disclo-
sure.
SEC. 106. PROMOTION AND EVALUATION OF THE USEFUL-
NESS OF INTELLIGENCE TO CONSUMERS.
The Director of Central Intelligence shall promote
and evaluate the quality and usefulness of national intel-
ligence to consumers within the Government.
SEC. 107. ELIMINATION OF WASTE AND UNNECESSARY DU-
PLICATION.
The Director of Central Intelligence, in cooperation
with the heads of the elements of the Intelligence Commu-
nity shall eliminate waste and unnecessary duplication
within the Intelligence Community.
SEC. 108. OTHER FUNCTIONS.
The Director of Central Intelligence shall perform
such other functions as the President or the National Se-
curity Council may direct.
SEC. 109. PROHIBITION ON LAW ENFORCEMENT POWERS
AND INTERNAL SECURITY FUNCTIONS.
The Director of Central Intelligence shall have no po-
lice, subpoena, or law enforcement powers or internal se-
curity functions.
SEC. 110. ACCESS TO INTELLIGENCE.
To the extent recommended by the National Security
Council and approved by the President, the Director of
Central Intelligence shall have access to all intelligence re-
lated to the national security which is collected by any de-
partment, agency, or other entity of the United States.
SEC. 111. COORDINATION WITH FOREIGN GOVERNMENTS.
Under the direction of the National Security Council
and in a manner consistent with section 207 of the For-
eign Service Act of 1980 (22 U.S.C. 3927), the Director
shall coordinate the relationships between elements of the
Intelligence Community and the intelligence or security
services of foreign governments on all matters involving
intelligence related to the national security or involving in-
telligence acquired through clandestine means.
Subtitle B—Deputy Directors of
Central Intelligence
SEC. 121. DEPUTY DIRECTORS OF CENTRAL INTELLIGENCE.
(a) POSITIONS.—There is a Deputy Director of
Central Intelligence for the Central Intelligence Agency,
and there is a Deputy Director of Central Intelligence for
Community Management.
(b) APPOINTMENT.—Each Deputy Director shall be
appointed by the President, by and with the advice and
consent of the Senate.
(c) QUALIFICATIONS.—Each Deputy Director shall
have extensive national security experience.
SEC. 122. DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE
FOR THE CENTRAL INTELLIGENCE AGENCY.
(a) DAILY OPERATIONS OF THE CENTRAL INTEL-
LIGENCE AGENCY.—Subject to the direction of the Direc-
tor of Central Intelligence, the Deputy Director of Central
Intelligence for the Central Intelligence Agency shall be
responsible for conducting the daily operations of the
Central Intelligence Agency.
(b) ANALYSIS
AND DISSEMINATION.—The Deputy
Director of Central Intelligence for the Central Intel-
ligence Agency shall be responsible to the Director of
Central Intelligence for the following:
(1) Correlating and evaluating intelligence re-
lated to the national security collected from all
sources available throughout the Intelligence Com-
munity and providing appropriate dissemination of
such intelligence.
(2) Coordinating analysis conducted by the In-
telligence Community, including determining when
and for what competitive analysis is justified.
(3) Producing national intelligence estimates.
SEC. 123. DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE
FOR COMMUNITY MANAGEMENT.
Subject to the direction of the Director of Central In-
telligence, the Deputy Director of Central Intelligence for
Community Management shall be responsible for the fol-
lowing:
(1) Directing the operations of the Community
Management Staff.
(2) Directing the operations of the Infrastruc-
ture Support Office.
(3) Performing community-wide management
functions, including the management of personnel,
resources, and requirements.
(4) Managing research and development.
SEC. 124. CIVILIAN AND MILITARY STATUS OF DIRECTOR
OF CENTRAL INTELLIGENCE AND DEPUTIES.
(a) LIMITATION
ON ACTIVE DUTY STATUS.—Not
more than one individual serving in the following positions
may be on active duty in the Armed Forces while serving
in that position:
(1) The Director of Central Intelligence.
(2) The two Deputy Directors of Central Intel-
ligence.
(b) APPOINTMENT AND RANK.—An individual serv-
ing in a position specified in paragraph (1) or (2) of sub-
section (a) who is on active duty in the Armed Forces shall
be appointed from among the officers of the Armed Forces
on the active-duty list. The Director of Central Intel-
ligence may hold the grade of general or admiral while
so serving and a Deputy Director of Central Intelligence
may hold the rank of lieutenant general or vice admiral
while so serving.
(c) ROLE AS OFFICER OF ARMED FORCES.—A com-
missioned officer of the Armed Forces, while serving in
a position specified in paragraph (1) or (2) of subsection
(a)—
(1) shall not be subject to supervision or control
by the Secretary of Defense or by any officer or em-
ployee of the Department of Defense;
(2) shall not exercise, by reason of the officer’s
status as a commissioned officer, any supervision or
control with respect to any of the military or civilian
personnel of the Department of Defense except as
authorized by this title; and
(3) shall not be counted against the numbers
and percentages of commissioned officers of the rank
and grade of such officer authorized for the military
department of that officer.
(d) MILITARY BENEFITS.—Except as provided in
paragraph (1) or (2) of subsection (c), the appointment
of an officer of the Armed Forces to a position specified
in paragraph (1) or (2) of subsection (a) shall not affect
the status, position, rank, or grade of such officer in the
Armed Forces, or any emolument, perquisite, right, privi-
lege, or benefit incident to or arising out of any such sta-
tus, position, rank, or grade.
(e) PAY.—An officer of the Armed Forces appointed
to a position specified in paragraph (1) or (2) of sub-
section (a), while serving in such position, shall continue
to receive military pay and allowances payable to a com-
missioned officer of that officer’s grade and length of serv-
ice for which the appropriate military department shall be
reimbursed from funds available to the Director of Central
Intelligence. In addition to any pay or allowance payable
under this subsection, such officer shall also receive, out
of funds available to the Director of Central Intelligence,
annual compensation in an amount by which the annual
rate of compensation payable for such position exceeds the
total of that officer’s annual rate of military pay and al-
lowances.
Subtitle C—The Intelligence
Community
SEC. 131. ELEMENTS OF THE INTELLIGENCE COMMUNITY.
The Intelligence Community of the United States
Government consists of the following:
(1) The Office of the Director of Central Intel-
ligence, which shall include the Offices of the Deputy
Directors of Central Intelligence and such other of-
fices as the Director may designate.
(2) The Community Management Staff.
(3) The National Intelligence Evaluation Coun-
cil.
(4) The Central Intelligence Agency.
(5) The Clandestine Service.
(6) The Defense Intelligence Agency.
(7) The Technical Collection Agency.
(8) The Technology Development Office.
(9) The Infrastructure Support Office.
(10) The intelligence elements of the Army, the
Navy, the Air Force, the Marine Corps, and the
Coast Guard.
(11) The intelligence elements of the Federal
Bureau of Investigation, the Department of the
Treasury, the Department of Energy, and the Drug
Enforcement Administration.
(12) The Bureau of Intelligence and Research
of the Department of State.
(13) Such other offices and entities as are es-
tablished by law under the authority of the Director
of Central Intelligence or as may be provided by law
or by the President to be a component of the Intel-
ligence Community.
SEC. 132. INSPECTOR GENERAL FOR THE INTELLIGENCE
COMMUNITY.
(a) IN GENERAL.—There is an Inspector General for
the Intelligence Community. The Inspector General is ap-
pointed in accordance with, and performs the duties, has
the responsibilities, and exercises the powers specified in,
section 17 of the Central Intelligence Agency Act of 1949
(50 U.S.C. 403q).
(b) COORDINATION WITH INSPECTOR GENERAL OF
THE DEPARTMENT OF DEFENSE.—With respect to any
audit, inspection, or investigation of any element of the
Intelligence Community that is within the Department of
Defense, the role of the Inspector General for the Intel-
ligence Community shall be determined based upon con-
sultations between the Director of Central Intelligence and
the Secretary of Defense.
Subtitle D—Annual Reports
SEC. 141. ANNUAL REPORT ON INTELLIGENCE COMMUNITY
ACTIVITIES.
(a) IN GENERAL.—The Director of Central Intel-
ligence shall submit to Congress an annual report on the
activities of the Intelligence Community. The annual re-
port shall be unclassified.
(b) MATTERS TO BE COVERED
IN ANNUAL RE-
PORT.—Each report under this section shall describe—
(1) the activities of the Intelligence Community
during the preceding fiscal year, including signifi-
cant successes and failures that can be described in
an unclassified manner; and
(2) the areas of the world and the issues that
the Director expects will require increased or un-
usual attention from the Intelligence Community
during the next fiscal year.
(c) TIME FOR SUBMISSION.—The report under this
section for any year shall be submitted at the same time
that the President submits the budget for the next fiscal
year pursuant to section 1105 of title 31, United States
Code.
TITLE II—INTELLIGENCE
COMMUNITY MANAGEMENT
Subtitle A—Intelligence
Community Functions
SEC. 201. COMMUNITY MANAGEMENT STAFF.
There is a Community Management Staff.
SEC. 202. FUNCTIONS OF THE COMMUNITY MANAGEMENT
STAFF.
(a) IN GENERAL.—The Deputy Director of Central
Intelligence for Community Management, acting through
the Community Management Staff, shall provide corporate
management of the following Intelligence Community-wide
functions:
(1) Requirements and collection management.
(2) Planning, programming, budgeting, and ac-
counting for the National Foreign Intelligence Pro-
gram.
(3) Research and development activities.
(b) COORDINATION WITH THE DMI STAFF.—The
Deputy Director of Central Intelligence for Community
Management shall coordinate the functions referred to in
paragraphs (1) through (3) of subsection (a) with the Di-
rector of Military Intelligence.
Subtitle B—National Foreign
Intelligence Program
SEC. 221. BUDGETS.
(a) PREPARATION.—The Deputy Director of Central
Intelligence for Community Management, in consultation
with the elements of the Intelligence Community, shall
prepare the annual budgets of the National Foreign Intel-
ligence Program.
(b) APPROVAL
OF
BUDGETS.—The Director of
Central Intelligence shall approve the budgets prepared
under subsection (a) before their incorporation in the Na-
tional Foreign Intelligence Program.
(c) ACCOUNTING.—The Director of Central Intel-
ligence, acting through the Deputy Director of Central In-
telligence for Community Management, shall budget and
account for financial resources on a community-wide basis
by the functional categories of collection, processing, ex-
ploitation, analysis, dissemination, and infrastructure.
(d) IDENTIFICATION OF CONSTITUENT COMPONENTS
OF BASE INTELLIGENCE BUDGET.—The Director of