‘‘(c) SEMIANNUAL STRATEGIC INTELLIGENCE RE-
VIEW PROCESS WITH CONGRESS.—Not less often than
every six months, the Committee on Foreign Intelligence
shall convene a meeting with the members of the congres-
sional intelligence committees to conduct a comprehensive,
global strategic intelligence review. Each semiannual
meeting shall review significant strategic intelligence
trends, strategic intelligence reporting, and anticipated In-
telligence Community requirements for the following six
to twelve months.’’.
SEC. 603. PROHIBITION OF DIRECT PARTICIPATION BY NA-
TIONAL SECURITY COUNCIL STAFF IN EXECU-
TION OF INTELLIGENCE OPERATIONS.
Title I of the National Security Act of 1947, as
amended by sections 601 and 602, is further amended by
inserting after section 101 the following new section 102:
‘‘SEC. 102. PROHIBITION OF DIRECT PARTICIPATION BY
NSC STAFF IN EXECUTION OF INTELLIGENCE
OPERATIONS.
‘‘An employee of, or an individual detailed or as-
signed to the staff of, the National Security Council may
not participate directly in the execution of an intelligence
operation.’’.
TITLE VII—TECHNICAL AND
CONFORMING AMENDMENTS
Subtitle A—Amendments Related
to Creation of Technical Collec-
tion Agency
SEC. 701. ROLE AS DEFENSE AGENCY.
(a) OVERSIGHT OF DEFENSE AGENCIES BY SEC-
RETARY OF DEFENSE.—Section 192 of title 10, United
States Code, is amended by striking out ‘‘National Secu-
rity Agency’’ each place it appears in subsections(a)(3)
and (c))(2) and inserting in lieu thereof ‘‘Technical Collec-
tion Agency’’.
(b) STATUS AS COMBAT SUPPORT AGENCY.—Section
193 of title 10, United States Code, is amended—
(1) by striking out ‘‘National Security Agency’’
each place it appears and inserting in lieu thereof
‘‘Technical Collection Agency’’;
(2) by striking out ‘‘NATIONAL
SECURITY
AGENCY’’ in the heading for subsection (d) and in-
serting in lieu thereof ‘‘TECHNICAL COLLECTION
AGENCY’’; and
(3) by striking out ‘‘NSA’’ in the heading for
subsection (e) and inserting in lieu thereof ‘‘TCA’’.
(c) APPLICABILITY OF PERSONNEL LIMITATIONS.—
Section 194(d) of title 10, United States Code, is amended
by striking out ‘‘EXCLUSION’’ and all that follows through
‘‘shall’’ and inserting in lieu thereof ‘‘EXCLUSION
OF
TCA.—The Technical Collection Agency shall’’.
SEC. 702. RESTATEMENT OF NATIONAL SECURITY AGENCY
ACT OF 1959.
The National Security Agency Act of 1959 (50
U.S.C. 402 note) is amended to read as follows:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Technical Collection
Agency Act of 1996’.
‘‘SEC. 2. GENERAL PERSONNEL AUTHORITY.
‘‘(a) AUTHORITY TO ESTABLISH POSITIONS AND AP-
POINT EMPLOYEES.—The Secretary of Defense—
‘‘(1) may establish such positions in the Tech-
nical Collection Agency as may be necessary to carry
out the functions of such agency; and
‘‘(2) may appoint thereto, without regard to the
civil service laws, officers and employees.
‘‘(b) PAY.—The rates of basic pay for such positions
shall be fixed by the Secretary of Defense in relation to
the rates of basic pay provided for in subpart D of part
III of title 5, United States Code, for positions subject
to that title which have corresponding levels of duties and
responsibilities. Except as otherwise provided by law, no
officer or employee of the Technical Collection Agency
may be paid basic pay at a rate in excess of the maximum
rate payable under section 5376 of such title, and not
more than 70 such officers and employees may be paid
within the range of rates authorized in section 5376 of
such title.
‘‘SEC. 3. OTHER COMPENSATION, BENEFITS, INCENTIVES,
AND ALLOWANCES.
‘‘The Secretary of Defense may provide officers and
employees of the Technical Collection Agency compensa-
tion (in addition to basic pay), benefits, incentives, and
allowances which are consistent with, and do not exceed
the levels authorized for, such compensation, benefits, in-
centives, or allowances by title 5, United States Code.
‘‘SEC. 4. PROFESSIONAL ENGINEERING AND SCIENTIFIC
POSITIONS.
‘‘(a) AUTHORITY TO ESTABLISH POSITIONS.—The
Secretary of Defense may—
‘‘(1) establish in the Technical Collection Agen-
cy (A) professional engineering positions primarily
concerned with research and development, and (B)
professional positions in the physical and natural
sciences, medicine, and cryptology; and
‘‘(2) fix the respective rates of pay of such posi-
tions at rates equal to rates of basic pay contained
in grades 16, 17, and 18 of the General Schedule
set forth in section 5332 of title 5, United States
Code.
‘‘(b) APPLICABILITY
OF MAXIMUM NUMBER
FOR
WHOM PAY RATES MAY BE PAID.—Officers and employ-
ees appointed to positions established under this section
shall be in addition to the number of officers and employ-
ees appointed to positions under section 2 of this Act who
may be paid at rates equal to rates of basic pay contained
in grades 16, 17, and 18 of the General Schedule.
‘‘SEC. 5. AUTHORITY FOR ADDITIONAL COMPENSATION
FOR CERTAIN EMPLOYEES.
‘‘Officers and employees of the Technical Collection
Agency who are citizens or nationals of the United States
may be granted additional compensation, in accordance
with regulations which shall be prescribed by the Secretary
of Defense, not in excess of additional compensation au-
thorized by section 5941 of title 5, United States Code,
for employees whose rates of basic compensation are fixed
by statute.
‘‘SEC. 6. PROTECTION OF IDENTITIES OF EMPLOYEES.
‘‘(a) NONDISCLOSURE
OF ORGANIZATION, FUNC-
TIONS, OR PERSONNEL OF AGENCY.—Except as provided
in subsection (b), nothing in this Act or any other law
shall be construed to require the disclosure of the organi-
zation or any function of the Technical Collection Agency,
of any information with respect to the activities thereof,
or of the names, titles, salaries, or number of the persons
employed by such agency.
‘‘(b) APPLICABILITY OF CERTAIN REPORTING RE-
QUIREMENTS.—The reporting requirements of section
1582 of title 10, United States Code, shall apply to posi-
tions established in the Technical Collection Agency in the
manner provided by section 4 of this Act.
‘‘SEC. 7. AUTHORITY TO LEASE REAL PROPERTY OUTSIDE
THE UNITED STATES.
‘‘(a) AUTHORITY.—Notwithstanding section 322 of
the Act of June 30, 1932 (40 U.S.C. 278a), section 5536
of title 5, United States Code, and section 2675 of title
10, United States Code, the Director of the Technical Col-
lection Agency, on behalf of the Secretary of Defense, may
lease real property outside the United States, for periods
not exceeding ten years, for the use of the Technical Col-
lection Agency for special cryptologic activities and for
housing for personnel assigned to such activities.
‘‘(b) LIMITATION TO APPROPRIATED FUNDS.—The
authority of the Director of the Technical Collection Agen-
cy, on behalf of the Secretary of Defense, to make pay-
ments under subsection (a), and under contracts for leases
entered into under subsection (a), is effective for any fiscal
year only to the extent that appropriated funds are avail-
able for such purpose.
‘‘SEC. 8. BENEFITS FOR PERSONNEL ASSIGNED TO SPECIAL
CRYPTOLOGIC 
ACTIVITIES 
OUTSIDE 
THE
UNITED STATES.
‘‘(a) AUTHORITY
TO
PROVIDE
CERTAIN
BENE-
FITS.—The Director of the Technical Collection Agency,
on behalf of the Secretary of Defense, may provide to cer-
tain civilian and military personnel of the Department of
Defense who are assigned to special cryptologic activities
outside the United States and who are designated by the
Secretary of Defense for the purposes of this subsection
the following:
‘‘(1) Allowances and benefits—
‘‘(A) comparable to those provided by the
Secretary of State to members of the Foreign
Service under chapter 9 of title I of the Foreign
Service Act of 1980 (22 U.S.C. 4081 et seq.)
or any other provision of law; and
‘‘(B) in the case of selected personnel serv-
ing in circumstances similar to those in which
personnel of the Central Intelligence Agency
serve, comparable to those provided by the Di-
rector of Central Intelligence to personnel of
the Central Intelligence Agency.
‘‘(2) Housing (including heat, light, and house-
hold equipment) without cost to such personnel, if
the Director of the Technical Collection Agency, on
behalf of the Secretary of Defense, determines that
it would be in the public interest to provide such
housing.
‘‘(3) Special retirement accrual in the same
manner provided in section 303 of the Central Intel-
ligence Agency Retirement Act (50 U.S.C. 2153)
and in section 18 of the Central Intelligence Agency
Act of 1949.
‘‘(b) LIMITATION TO APPROPRIATED FUNDS.—The
authority of the Director of the Technical Collection Agen-
cy, on behalf of the Secretary of Defense, to make pay-
ments under subsection (a) is effective for any fiscal year
only to the extent that appropriated funds are available
for such purpose.
‘‘(c) PROHIBITION
OF
DUPLICATION
OF
BENE-
FITS.—Members of the Armed Forces may not receive
benefits under both subsection (a)(1) and title 37, United
States Code, for the same purpose. The Secretary of De-
fense shall prescribe such regulations as may be necessary
to carry out this subsection.
‘‘(d) REGULATIONS.—Regulations prescribed under
subsection (a)(1) shall be submitted to the Permanent Se-
lect Committee on Intelligence of the House of Represent-
atives and the Select Committee on Intelligence of the
Senate before such regulations take effect.
‘‘SEC. 9. LANGUAGE TRAINING FOR CRYPTOLOGIC PERSON-
NEL.
‘‘(a) LANGUAGE TRAINING PROGRAMS.—The Direc-
tor of the Technical Collection Agency shall arrange for,
and shall prescribe regulations concerning, language and
language-related training programs for military and civil-
ian cryptologic personnel. In establishing programs under
this section for language and language-related training,
the Director—
‘‘(1) may provide for the training and instruc-
tion to be furnished, including functional and geo-
graphic area specializations;
‘‘(2) may arrange for training and instruction
through other Government agencies and, in any case
in which appropriate training or instruction is un-
available through Government facilities, through
nongovernmental facilities that furnish training and
instruction useful in the fields of language and for-
eign affairs;
‘‘(3) may support programs that furnish nec-
essary language and language-related skills, includ-
ing, in any case in which appropriate programs are
unavailable 
at 
Government 
facilities, 
support
through contracts, grants, or cooperation with non-
governmental educational institutions; and
‘‘(4) may obtain by appointment or contract the
services of individuals to serve as language instruc-
tors, linguists, or special language project personnel.
‘‘(b) FOREIGN
LANGUAGE
PROFICIENCY
INCEN-
TIVES.—(1) In order to maintain necessary capability in
foreign language skills and related abilities needed by the
Technical Collection Agency, the Director, without regard
to subchapter IV of chapter 55 of title 5, United States
Code, may provide special monetary or other incentives to
encourage civilian cryptologic personnel of the Agency to
acquire or retain proficiency in foreign languages or spe-
cial related abilities needed by the Agency.
‘‘(2) In order to provide linguistic training and sup-
port for cryptologic personnel, the Director—
‘‘(A) may pay all or part of the tuition and
other expenses related to the training of personnel
who are assigned or detailed for language and lan-
guage-related training, orientation, or instruction;
and
‘‘(B) may pay benefits and allowances to civil-
ian personnel in accordance with chapters 57 and 59
of title 5, United States Code, and to military per-
sonnel in accordance with chapter 7 of title 37,
United States Code, and applicable provisions of
title 10, United States Code, when such personnel
are assigned to training at sites away from their
designated duty station.
‘‘(c) CRYPTOLOGIC LINGUIST RESERVE.—(1) To the
extent not inconsistent, in the opinion of the Secretary of
Defense, with the operation of military cryptologic reserve
units and in order to maintain necessary capability in for-
eign language skills and related abilities needed by the
Technical Collection Agency, the Director may establish
a Cryptologic Linguist Reserve.
‘‘(2) The Cryptologic Linguist Reserve may consist
of former or retired civilian or military cryptologic person-
nel of the Technical Collection Agency and of other quali-
fied individuals, as determined by the Director of the
Agency. Each member of the Cryptologic Linguist Reserve
shall agree that, during any period of emergency (as deter-
mined by the Director), the member shall return to active
civilian status with the Technical Collection Agency and
shall perform such linguistic or linguistic-related duties as
the Director may assign.
‘‘(3) In order to attract individuals to become mem-
bers of the Cryptologic Linguist Reserve, the Director,
without regard to subchapter IV of chapter 55 of title 5,
United States Code, may provide special monetary incen-
tives to individuals eligible to become members of the re-
serve who agree to become members of the cryptologic lin-
guist reserve and to acquire or retain proficiency in foreign
languages or special related abilities.
‘‘(4) In order to provide training and support for
members of the Cryptologic Linguist Reserve, the Direc-
tor—
‘‘(A) may pay all or part of the tuition and
other expenses related to the training of individuals
in the Cryptologic Linguist Reserve who are as-
signed or detailed for language and language-related
training, orientation, or instruction; and
‘‘(B) may pay benefits and allowances in ac-
cordance with chapters 57 and 59 of title 5, United
States Code, to individuals in the Cryptologic Lin-
guist Reserve who are assigned to training at sites
away from their homes or regular places of business.
‘‘(d) SERVICE AGREEMENTS.—(1) The Director, be-
fore providing training under this section to any individ-
ual, may obtain an agreement with that individual that—
‘‘(A) in the case of current employees, pertains
to continuation of service of the employee, and re-
payment of the expenses of such training for failure
to fulfill the agreement, consistent with the provi-
sions of section 4108 of title 5, United States Code;
and
‘‘(B) in the case of individuals accepted for
membership in the Cryptologic Linguist Reserve,
pertains to return to service when requested, and re-
payment of the expenses of such training for failure
to fulfill the agreement, consistent with the provi-
sions of section 4108 of title 5, United States Code.
‘‘(2) The Director, under regulations prescribed
under this section, may waive, in whole or in part, a right
of recovery under an agreement made under this sub-
section if it is shown that the recovery would be against
equity and good conscience or against the public interest.
‘‘(e) LANGUAGE
TRAINING
FOR
FAMILY
MEM-
BERS.—(1) Subject to paragraph (2), the Director may
provide to family members of military and civilian
cryptologic personnel assigned to representational duties
outside the United States, in anticipation of the assign-
ment of such personnel outside the United States or while
outside the United States, appropriate orientation and
language training that is directly related to the assign-
ment abroad.
‘‘(2) Language training under paragraph (1) may not
be provided to any individual through payment of the ex-
penses of tuition or other cost of instruction at a non-
Government educational institution unless appropriate in-
struction is not available at a Government facility.
‘‘(f) WAIVER AUTHORITY.—The Director may waive
the applicability of any provision of chapter 41 of title 5,
United States Code, to any provision of this section if he
finds that such waiver is important to the performance
of cryptologic functions.
‘‘(g) LIMITATION TO APPROPRIATED FUNDS.—The
authority of the Director to enter into contracts or to
make grants under this section is effective for any fiscal
year only to the extent that appropriated funds are avail-
able for such purpose.
‘‘(h) REGULATIONS.—Regulations prescribed under
this section shall be submitted to the Permanent Select
Committee on Intelligence of the House of Representatives
and the Select Committee on Intelligence of the Senate
before such regulations take effect.
‘‘(i) TRAVEL AND TRANSPORTATION EXPENSES IN
CONNECTION WITH TRAINING OUTSIDE
THE UNITED
STATES.—The Director of the Technical Collection Agen-
cy, on behalf of the Secretary of Defense, may, without
regard to section 4109(a)(2)(B) of title 5, United States
Code, pay travel, transportation, storage, and subsistence
expenses under chapter 57 of such title to civilian and
military personnel of the Department of Defense who are
assigned to duty outside the United States for a period
of one year or longer which involves cryptologic training,
language training, or related disciplines.
‘‘SEC. 10. PROTECTION OF FACILITIES BY GENERAL SERV-
ICES ADMINISTRATION.
‘‘The Administrator of General Services, upon the ap-
plication of the Director of the Technical Collection Agen-
cy, may provide for the protection in accordance with sec-
tion 3 of the Act of June 1, 1948 (40 U.S.C. 318b), of
certain facilities (as designated by the Director of such
Agency) which are under the administration and control
of, or are used by, the Technical Collection Agency in the
same manner as if such facilities were property of the
United States over which the United States has acquired
exclusive or concurrent criminal jurisdiction.
‘‘SEC. 11. SENIOR CRYPTOLOGIC EXECUTIVE SERVICE.
‘‘(a) AUTHORITY TO ESTABLISH SCES.—(1) The
Secretary of Defense (or his designee) may by regulation
establish a personnel system for senior civilian cryptologic
personnel in the Technical Collection Agency to be known
as the Senior Cryptologic Executive Service. The regula-
tions establishing the Senior Cryptologic Executive Service
shall do the following:
‘‘(A) Meet the requirements set forth in section
3131 of title 5, United States Code, for the Senior
Executive Service.
‘‘(B) Provide that positions in the Senior
Cryptologic Executive Service meet requirements
that are consistent with the provisions of section
3132(a)(2) of such title.
‘‘(C) Provide, without regard to section 2, rates
of pay for the Senior Cryptologic Executive Service
that are not in excess of the maximum rate or less
than the minimum rate of basic pay established for
the Senior Executive Service under section 5382 of
such title, and that are adjusted at the same time
and to the same extent as rates of basic pay for the
Senior Executive Service are adjusted.
‘‘(D) Provide a performance appraisal system
for the Senior Cryptologic Executive Service that
conforms to the provisions of subchapter II of chap-
ter 43 of such title.
‘‘(E) Provide for removal consistent with sec-
tion 3592 of such title, and removal or suspension
consistent with subsections (a), (b), and (c) of sec-
tion 7543 of such title (except that any hearing or
appeal to which a member of the Senior Cryptologic
Executive Service is entitled shall be held or decided
pursuant to procedures established by regulations of
the Secretary of Defense).
‘‘(F) Permit the payment of performance
awards to members of the Senior Cryptologic Execu-
tive Service consistent with the provisions applicable
to performance awards under section 5384 of such
title.
‘‘(G) Provide that members of the Senior
Cryptologic Executive Service may be granted sab-
batical leaves consistent with the provisions of sec-
tion 3396(c) of such title.
‘‘(H) Provide for the recertification of members
of the Senior Cryptologic Executive Service consist-
ent with the provisions of section 3393a of such
title.
‘‘(2) Except as otherwise provided in subsection (a),
the Secretary of Defense may—
‘‘(A) make applicable to the Senior Cryptologic
Executive Service any of the provisions of title 5,
United States Code, applicable to applicants for or
members of the Senior Executive Service; and
‘‘(B) appoint, promote, and assign individuals
to 
positions 
established 
within 
the 
Senior
Cryptologic Executive Service without regard to the
provisions of title 5, United States Code, governing
appointments and other personnel actions in the
competitive service.
‘‘(3) The President, based on the recommendations
of the Secretary of Defense, may award ranks to members
of the Senior Cryptologic Executive Service in a manner
consistent with the provisions of section 4507 of title 5,
United States Code.
‘‘(4) Notwithstanding any other provision of this sec-
tion, the Director of the Technical Collection Agency may
detail or assign any member of the Senior Cryptologic Ex-
ecutive Service to serve in a position outside the Technical
Collection Agency in which the member’s expertise and ex-
perience may be of benefit to the Technical Collection
Agency or another Government agency. Any such member
shall not by reason of such detail or assignment lose any
entitlement or status associated with membership in the
Senior Cryptologic Executive Service.
‘‘(b) MERIT PAY SYSTEM.—The Secretary of Defense
may by regulation establish a merit pay system for such
employees of the Technical Collection Agency as the Sec-
retary of Defense considers appropriate. The merit pay
system shall be designed to carry out purposes consistent
with those set forth in section 5401(a) of title 5, United
States Code.
‘‘(c) LIMITATION ON TOTAL COMPENSATION.—Noth-
ing in this section shall be construed to allow the aggre-
gate amount payable to a member of the Senior
Cryptologic Executive Service under this section during
any fiscal year to exceed the annual rate payable for posi-
tions at level I of the Executive Schedule in effect at the
end of such year.
‘‘SEC. 12. GRANTS FOR CRYPTOLOGIC RESEARCH.
‘‘(a) GRANT AUTHORITY.—The Director of the Tech-
nical Collection Agency may make grants to private indi-
viduals and institutions for the conduct of cryptologic re-
search. An application for a grant under this section may
not be approved unless the Director determines that the
award of the grant would be clearly consistent with the
national security.
‘‘(b) APPLICABLE LAW.—The grant program estab-
lished by subsection (a) shall be conducted in accordance
with the Federal Grant and Cooperative Agreement Act
of 1977 (41 U.S.C. 501 et seq.) to the extent that such
Act is consistent with and in accordance with section 6
of this Act.
‘‘(c) LIMITATION TO APPROPRIATED FUNDS.—The
authority of the Director to make grants under this sec-
tion is effective for any fiscal year only to the extent that
appropriated funds are available for such purpose.
‘‘SEC. 13. AVAILABILITY OF CERTAIN APPROPRIATIONS.
‘‘Funds appropriated to an entity of the Federal Gov-
ernment other than an element of the Department of De-
fense that have been specifically appropriated for the pur-
chase of cryptologic equipment, materials, or services with
respect to which the Technical Collection Agency has been
designated as the central source of procurement for the
Government shall remain available for a period of three
fiscal years.
‘‘SEC. 14. PROTECTION OF AGENCY NAME FROM UNAU-
THORIZED USE.
‘‘(a) PROHIBITION
ON UNAUTHORIZED USE.—No
person may, except with the written permission of the Di-
rector of the Technical Collection Agency, knowingly use
the words ‘Technical Collection Agency’, the initials
‘TCA’, the seal of the Technical Collection Agency, or any
colorable imitation of such words, initials, or seal in con-
nection with any merchandise, impersonation, solicitation,
or commercial activity in a manner reasonably calculated
to convey the impression that such use is approved, en-
dorsed, or authorized by the Technical Collection Agency.
‘‘(b) ENFORCEMENT.—Whenever it appears to the
Attorney General that any person is engaged or is about
to engage in an act or practice which constitutes or will
constitute conduct prohibited by subsection (a), the Attor-
ney General may initiate a civil proceeding in a district
court of the United States to enjoin such act or practice.
Such court shall proceed as soon as practicable to the
hearing and determination of such action and may, at any
time before final determination, enter such restraining or-
ders or prohibitions, or take such other action as is war-
ranted, to prevent injury to the United States or to any
person or class of persons for whose protection the action
is brought.
‘‘SEC. 15. RECRUITMENT OF QUALIFIED PERSONNEL.
‘‘(a) PURPOSE.—The purpose of this section is to es-
tablish an undergraduate training program, which may
lead to the baccalaureate degree, to facilitate the recruit-
ment of individuals, particularly minority high school stu-
dents, with a demonstrated capability to develop skills crit-
ical to the mission of the Technical Collection Agency, in-
cluding mathematics, computer science, engineering, and
foreign languages.
‘‘(b) ASSIGNMENT OF CIVILIAN EMPLOYEES.—The
Secretary of Defense may, in the Secretary’s discretion,
assign civilian employees of the Technical Collection Agen-
cy as students at accredited professional, technical, and
other institutions of higher learning for training at the un-
dergraduate level in skills critical to effective performance
of the mission of the Agency.
‘‘(c) LIMITATION TO APPROPRIATED FUNDS.—The
Technical Collection Agency may pay, directly or by reim-
bursement to employees, expenses incident to assignments
under subsection (b), in any fiscal year only to the extent
that appropriated funds are available for such purpose.
‘‘(d) EMPLOYEE AGREEMENT.—(1) To be eligible for
assignment under subsection (b), an employee of the
Agency must agree in writing to the following:
‘‘(A) To continue in the service of the Agency
for the period of the assignment and to complete the
educational course of training for which the em-
ployee is assigned.
‘‘(B) To continue in the service of the Agency
following completion of the assignment for a period
of one-and-a-half years for each year of the assign-
ment or part thereof.
‘‘(C) To reimburse the United States for the
total cost of education (excluding the employee’s pay
and allowances) provided under this section to the
employee if, before the employee’s completing the
educational course of training for which the em-
ployee is assigned, the assignment or the employee’s
employment with the Agency is terminated either by
the Agency due to misconduct by the employee or by
the employee voluntarily.
‘‘(D) To reimburse the United States if, after
completing the educational course of training for
which the employee is assigned, the employee’s em-
ployment with the Agency is terminated either by
the Agency due to misconduct by the employee or by
the employee voluntarily, before the employee’s com-
pletion of the service obligation period described in
subparagraph (B), in an amount that bears the
same ratio to the total cost of the education (exclud-
ing the employee’s pay and allowances) provided to
the employee as the unserved portion of the service
obligation period described in subparagraph (B)
bears to the total period of the service obligation de-
scribed in subparagraph (B).
‘‘(2) Subject to paragraph (3), the obligation to reim-
burse the United States under an agreement described in
paragraph (1), including interest due on such obligation,
is for all purposes a debt owing the United States.
‘‘(3)(A) A discharge in bankruptcy under title 11,
United States Code, shall not release a person from an
obligation to reimburse the United States required under
an agreement described in paragraph (1) if the final de-
cree of the discharge in bankruptcy is issued within five
years after the last day of the combined period of service
obligation described in subparagraphs (A) and (B) of
paragraph (1).
‘‘(B) The Secretary of Defense may release a person,
in whole or in part, from the obligation to reimburse the
United States under an agreement described in paragraph
(1) when, in the Secretary’s discretion, the Secretary de-
termines that equity or the interests of the United States
so require.
‘‘(C) The Secretary of Defense shall permit an em-
ployee assigned under this section who, before commenc-
ing a second academic year of such assignment, volun-
tarily terminates the assignment or the employee’s em-
ployment with the Agency, to satisfy his obligation under
an agreement described in paragraph (1) to reimburse the
United States by reimbursement according to a schedule
of monthly payments which results in completion of reim-
bursement by a date five years after the date of termi-
nation of the assignment or employment or earlier at the
option of the employee.
‘‘(e) DISCLOSURE TO EDUCATIONAL INSTITUTION OF
AGENCY AFFILIATION OF EMPLOYEE.—(1) When an em-
ployee is assigned under this section to an institution, the
Agency shall disclose to the institution to which the em-
ployee is assigned that the Agency employs the employee
and that the Agency funds the employee’s education.
‘‘(2) Agency efforts to recruit individuals at edu-
cational institutions for participation in the undergraduate
training program established by this section shall be made
openly and according to the common practices of univer-
sities and employers recruiting at such institutions.
‘‘(f) INAPPLICABILITY OF CERTAIN LAWS.—Chapter
41 of title 5 and subsections (a) and (b) of section 3324
of title 31, United States Code, shall not apply with re-
spect to this section.
‘‘(g) REGULATIONS.—The Secretary of Defense may
prescribe such regulations as may be necessary to imple-
ment this section.
‘‘SEC. 17. AUTHORITY TO PAY CERTAIN EXPENSES FOR EM-
PLOYEES DYING WHILE ON ROTATIONAL
TOUR OF DUTY IN THE UNITED STATES.
‘‘(a) AUTHORITY.—The Secretary of Defense may
pay the expenses referred to in section 5742(b) of title
5, United States Code, in the case of any employee of the
Technical Collection Agency who dies while on a rotational
tour of duty within the United States or while in transit
to or from such tour of duty.
‘‘(b) DEFINITION.—For the purposes of this section,
the term ‘rotational tour of duty’, with respect to an em-
ployee, means a permanent change of station involving the
transfer of the employee from the Technical Collection
Agency headquarters to another post of duty for a fixed
period established by regulation to be followed at the end
of such period by a permanent change of station involving
a transfer of the employee back to such headquarters.’’.
Subtitle B—Amendments Related
to Creation of Clandestine Service
SEC. 711. CENTRAL INTELLIGENCE AGENCY ACT OF 1949.
(a) DEFINITIONS.—Section 1(a) of the Central Intel-
ligence Agency Act of 1949 (50 U.S.C. 403a(a)) is amend-
ed by inserting ‘‘or the Clandestine Service’’ after
‘‘Central Intelligence Agency’’.
(b) SEAL.—Section 2 of such Act (50 U.S.C. 403b)
is amended by inserting ‘‘and the Clandestine Service’’
after ‘‘Central Intelligence Agency’’.
(c) PROCUREMENT
AUTHORITIES.—Sections 3(a)
and 3(e) of such Act (50 U.S.C. 403c(a) and (e)) are
amended by striking ‘‘Central Intelligence Agency’’ and
inserting ‘‘Agency’’.
(d) GENERAL AUTHORITIES.—Section 5 of such Act
(50 U.S.C. 403f) is amended by striking ‘‘Central Intel-
ligence Agency’’ and inserting ‘‘Agency’’.
(e) MISUSE OF AGENCY NAME, INITIALS, OR SEAL.—
Section 13(a) of such Act (50 U.S.C. 403m(a)) is amend-
ed by striking ‘‘the words ‘Central Intelligence Agency’,
the initials ‘CIA’, the seal of the Central Intelligence
Agency’’ and inserting ‘‘the words ‘Central Intelligence
Agency’ or ‘the Clandestine Service’, the initials ‘CIA’ or
‘CS’, the seal of the Central Intelligence Agency or the
Clandestine Service ’’.
(f) DISABILITY RETIREMENT AND DEATH-IN-SERV-
ICE BENEFITS: CONFORMING AMENDMENTS AND TECH-
NICAL CORRECTION.—Section 19 of such Act (50 U.S.C.
403s) is amended—
(1) by striking ‘‘Central Intelligence Agency’’ in
the matter preceding subsection (a)(1) and inserting
‘‘Agency’’;
(2) by striking ‘‘Central Intelligence Agency’’ in
the matter preceding subsection (b)(1) and inserting
‘‘Agency’’; and
(3) by amending paragraph (4) of subsection
(b) to read as follows:
‘‘(4) is survived by a surviving spouse, former
spouse, or child as defined in section 102 of the
Central Intelligence Agency Retirement Act, who
would otherwise be entitled to an annuity under sec-
tion 8341 of title 5, United States Code—’’.
SEC. 712. CENTRAL INTELLIGENCE AGENCY RETIREMENT
SYSTEM.
(a) DEFINITION OF AGENCY.—Section 101(1) of the
Central Intelligence Agency Retirement Act (50 U.S.C.
2001(1)) is amended by inserting ‘‘or the Clandestine
Service’’ after ‘‘Agency’’.
(b) CIARDS SYSTEM.—Section 201(a)(1) of such
Act (50 U.S.C. 2011(a)(1)) is amended by inserting ‘‘and
the Clandestine Service’’ after ‘‘Central Intelligence Agen-
cy’’ the first place it appears.
SEC. 713. CENTRAL INTELLIGENCE AGENCY VOLUNTARY
SEPARATION PAY ACT.
Section 2 of the Central Intelligence Agency Vol-
untary Separation Pay Act (50 U.S.C. 403–4) is amended
by inserting ‘‘or the Clandestine Service’’ after ‘‘Central
Intelligence Agency’’ each place it appears.
SEC. 714. AMENDMENTS TO TITLE 5, UNITED STATES CODE.
Title 5, United States Code, is amended as follows:
(1) Section 305(a) is amended by striking out
‘‘or’’ at the end of paragraph (6) and by striking out
paragraph (7) and inserting in lieu thereof the fol-
lowing:
‘‘(7) the Clandestine Service;
‘‘(8) the Technical Collection Agency, Depart-
ment of Defense; or
‘‘(9) the Technology Development Office, De-
partment of Defense.’’.
(2) Section 306(f) is amended by inserting
‘‘Clandestine Service,’’ after ‘‘Central Intelligence
Agency,’’.
(3) Section 552a(j)(1) is amended by inserting
‘‘or the Clandestine Service’’ after ‘‘Agency’’.
(4) Sections 2302(a)(2)(C)(ii), 3102(a)(1)(B),
4301(1)(ii), 4701(a)(1)(B) are each amended by
striking out ‘‘the National Security Agency,’’ and in-
serting in lieu thereof ‘‘the Clandestine Service, the
Technical Collection Agency, the Technology Devel-
opment Office,’’.
(5) Section 2305 is amended by striking out
‘‘section 102 of the National Security Act of 1947
(61 Stat. 495; 50 U.S.C. 403),’’ and inserting in
lieu thereof ‘‘subtitle A of title I of the Intelligence
Community Act, [Q: Other sections of the Intel-
ligence Community Act?]’’.
(6) Section 2953(b) is amended by striking out
‘‘or’’ at the end of paragraph (2), by striking out the
period at the end of paragraph (3) and inserting in
lieu thereof ‘‘; or’’, and by adding at the end the fol-
lowing:
‘‘(4) the Clandestine Service.’’.
(7) Section 3401(1) is amended by striking
‘‘and’’ at the end of clause (vi), by striking out