105
(2) Section 811 (50 U.S.C. 402a; 108 Stat.
3455).
(c) FISCAL YEAR 1992 INTELLIGENCE AUTHORIZA-
TION ACT.—Section 403 of the Intelligence Authorization
Act for Fiscal Year 1992 (Public Law 102–183; 50 U.S.C.
403–2; 105 Stat. 1267) is repealed.
(d) NATIONAL SECURITY ACT OF 1947.—Section 109
of the National Security Act of 1947 (50 U.S.C. 404d) is
repealed.
(e) FISCAL YEAR 1995 DEFENSE APPROPRIATIONS
ACT.—Section 8154 of the Department of Defense Appro-
priations Act, 1995 (10 U.S.C. 384 note; 50 U.S.C. 403f
note; 108 Stat. 2658) is repealed.
(f) FISCAL YEAR 1994 DEFENSE APPROPRIATIONS
ACT.—Section 8107 of the Department of Defense Appro-
priations Act, 1994 (50 U.S.C. 414 note; 107 Stat. 1464)
is repealed.
SEC. 604. NATIONAL SECURITY ACT OF 1947.
(a) TABLE OF CONTENTS.—The table of contents in the
first section of the National Security Act of 1947 is amend-
ed—
(1) by inserting after the item relating to section
2 the following new item:
‘‘Sec. 3. Definitions.’’;
106
(2) by striking out the items relating to the head-
ing for title I and sections 101 through 107 and in-
serting in lieu thereof the following:
‘‘TITLE I—NATIONAL SECURITY COUNCIL AND RELATED BOARDS AND
COMMITTEES
‘‘Sec. 101. National Security Council.
‘‘Sec. 102. Committee on Foreign Intelligence.
‘‘Sec. 103. Committee on Transnational Threats.
‘‘Sec. 104. Board for Low Intensity Conflict.
‘‘Sec. 105. National Counterintelligence Policy Board.’’;
(3) by striking out the item relating to section
109 and the item following that item (relating to sec-
tion 104); and
(4) by striking out the items relating to sections
202 through 204, 208 through 214, 301, 302, and 304
through 306.
(b) FORMAT AMENDMENTS.—Title IX of such Act is
amended—
(1) in section 904 (50 U.S.C. 441c), by striking
out ‘‘required to be imposed by’’ and all that follows
and inserting in lieu thereof ‘‘required to be imposed
by any of the following provisions of law:
‘‘(1) The Chemical and Biological Weapons Con-
trol and Warfare Elimination Act of 1991 (title III
of Public Law 102–182).
‘‘(2) The Nuclear Proliferation Prevention Act of
1994 (title VIII of Public Law 103–236).
107
‘‘(3) Section 11B of the Export Administration
Act of 1979 (50 U.S.C. App. 2410b).
‘‘(4) Chapter 7 of the Arms Export Control Act
(22 U.S.C. 2797 et seq.).
‘‘(5) The Iran-Iraq Arms Non-Proliferation Act
of 1992 (title XVI of Public Law 102–484).
‘‘(6) The following provisions of annual appro-
priations Acts:
‘‘(A) Section 573 of the Foreign Operations,
Export Financing, and Related Programs Ap-
propriations Act, 1994 (Public Law 103–87; 107
Stat. 972).
‘‘(B) Section 563 of the Foreign Operations,
Export Financing, and Related Programs Ap-
propriations Act, 1995 (Public Law 103–306;
108 Stat. 1649).
‘‘(C) Section 552 of the Foreign Operations,
Export Financing, and Related Programs Ap-
propriations Act, 1996 (Public Law 104–107;
110 Stat. 741).
‘‘(7) Comparable provisions.’’; and
(2) in section 905 (50 U.S.C. 441d), by striking
out ‘‘on the date which is one year after the date of
the enactment of this title’’ and inserting in lieu
thereof ‘‘on January 6, 1997’’.
108
SEC. 605. ABOLITION OF NATIONAL INTELLIGENCE COUN-
CIL.
The National Intelligence Council is abolished.
SEC. 606. EFFECTIVE DATE.
Except as otherwise specifically provided in this Act,
this Act and the amendments made by this Act shall take
effect six months after the date of the enactment of this Act,
except that the President may prescribe an earlier date. Any
such date prescribed by the President shall be published in
the Federal Register.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Intelligence
Community Act’’.
SEC. 2. ORGANIZATION OF ACT; TABLE OF CONTENTS.
(a) ORGANIZATION OF ACT.—This Act is or-
ganized as follows:
TITLE I—INTELLIGENCE COMMUNITY GENERALLY
Subtitle A—Director of Central Intelligence
Subtitle B—Deputy Directors of Central Intelligence
Subtitle C—The Intelligence Community
Subtitle D—Annual Reports
TITLE II—INTELLIGENCE COMMUNITY MANAGEMENT
Subtitle A—Intelligence Community Functions
Subtitle B—National Foreign Intelligence Program
Subtitle C—Personnel
Subtitle D—Intelligence Community Administration
TITLE III—INTELLIGENCE COMMUNITY AGENCIES
Subtitle A—Central Intelligence Agency
Subtitle B—The National Intelligence Evaluation Council
Subtitle C—Future of Intelligence Collection
109
TITLE IV—DEPARTMENT OF DEFENSE FUNCTIONS IN THE
INTELLIGENCE COMMUNITY
Subtitle A—Secretary of Defense
Subtitle B—Director of Military Intelligence
Subtitle C—National Imagery and Mapping Agency
Subtitle D—Civilian Intelligence Personnel Policy
TITLE V—NATIONAL SECURITY COUNCIL AND RELATED
BOARDS AND COMMITTEES
TITLE VI—TECHNICAL AND CONFORMING AMENDMENTS
AND EFFECTIVE DATE
(b) TABLE OF CONTENTS.—The table of con-
tents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act; table of contents.
Sec. 3. Findings and purposes.
Sec. 4. Definitions.
TITLE I—INTELLIGENCE COMMUNITY GENERALLY
Subtitle A—Director of Central Intelligence
Sec. 101. Director of Central Intelligence.
Sec. 102. General intelligence responsibilities of the Director.
Sec. 103. Preparation of annual budget for National Foreign
Intelligence Program.
Sec. 104. Foreign intelligence collection.
Sec. 105. Protection of sources and methods.
Sec. 106. Promotion and evaluation of the usefulness of intel-
ligence to consumers.
Sec. 107. Elimination of waste and unnecessary duplication.
Sec. 108. Other functions.
Sec. 109. Prohibition on law enforcement powers and internal
security functions.
Sec. 110. Access to intelligence.
Sec. 111. Coordination with foreign governments.
Subtitle B—Deputy Directors of Central Intelligence
Sec. 121. Deputy Directors of Central Intelligence.
Sec. 122. Deputy Director of Central Intelligence.
Sec. 123. Deputy Director of Central Intelligence for Commu-
nity Management.
Sec. 124. Civilian and military status of Director of Central In-
telligence and Deputies.
Subtitle C—The Intelligence Community
Sec. 131. Elements of the Intelligence Community.
Subtitle D—Annual Reports
Sec. 141. Annual report on Intelligence Community activities.
110
TITLE II—INTELLIGENCE COMMUNITY MANAGEMENT
Subtitle A—Intelligence Community Functions
Sec. 201. Community Management Staff.
Sec. 202. Functions of the Community Management Staff.
Subtitle B—National Foreign Intelligence Program
Sec. 221. Budgets.
Sec. 222. Comptroller functions of Community Management
Staff.
Sec. 223. Transfer of funds or personnel within the National
Foreign Intelligence Program.
Sec. 224. Limitation on reprogramming.
Subtitle C—Personnel
Sec. 231. Use of personnel.
Sec. 232. Authority to terminate employment of certain em-
ployees.
Sec. 233. Study of an Intelligence Community Reserve and an
Infrastructure Support Office.
Subtitle D—Intelligence Community Administration
Sec. 251. Secrecy agreements used in intelligence activities.
Sec. 252. Coordination of counterintelligence matters with the
Federal Bureau of Investigation.
Sec. 253. Intelligence Community contracting.
TITLE III—INTELLIGENCE COMMUNITY AGENCIES
Subtitle A—Central Intelligence Agency
Sec. 301. Central Intelligence Agency.
Sec. 302. Duties of Director of Central Intelligence with regard
to the Central Intelligence Agency.
Sec. 303. Functions of the Central Intelligence Agency.
Sec. 304. Report on human intelligence collection activities.
Subtitle B—The National Intelligence Evaluation Council
Sec. 321. National Intelligence Evaluation Council.
Sec. 322. Functions of the National Intelligence Evaluation
Council.
Sec. 323. Staffing of the National Intelligence Evaluation Coun-
cil.
Subtitle C—Future of Intelligence Collection
Sec. 331. Panel on the future of intelligence collection.
TITLE IV—DEPARTMENT OF DEFENSE FUNCTIONS IN THE
INTELLIGENCE COMMUNITY
Subtitle A—Secretary of Defense
Sec. 401. Overall Secretary of Defense functions.
111
Sec. 402. Requirement that budgets for intelligence compo-
nents be adequate.
Sec. 403. Implementation of Director of Central Intelligence
policies and resource decisions.
Sec. 404. Relationship of NFIP activities to tactical intelligence
activities.
Sec. 405. Responsiveness to operational military forces.
Sec. 406. Elimination of waste and unnecessary duplication.
Sec. 407. Conduct of Defense intelligence activities.
Sec. 408. Signals intelligence activities.
Sec. 409. Imagery collection, processing, and exploitation.
Sec. 410. Overhead reconnaissance systems.
Sec. 411. Defense Intelligence Agency.
Sec. 412. Military departments.
Sec. 413. Use of elements of Department of Defense.
Sec. 414. Consultations regarding appointment of certain intel-
ligence officials.
Subtitle B—Director of Military Intelligence
Sec. 421. Report on the establishment of a Director of Military
Intelligence.
Subtitle C—National Imagery and Mapping Agency
PART I—ESTABLISHMENT OF AGENCY
Sec. 431. Establishment.
Sec. 432. Missions and authority.
Sec. 433. Transfers of personnel and assets.
Sec. 434. Compatibility with authority under the Intelligence
Community Act.
Sec. 435. National mission of National Imagery and Mapping
Agency.
Sec. 436. Creditable civilian service for career conditional em-
ployees of the Defense Mapping Agency.
Sec. 437. Saving provisions.
Sec. 438. Definitions.
PART II—CONFORMING AMENDMENTS AND EFFECTIVE DATE
Sec. 441. Redesignation and repeals.
Sec. 442. Reference amendments.
Sec. 443. Headings and clerical amendments.
Sec. 444. Effective date.
Subtitle D—Civilian Intelligence Personnel Policy
Sec. 481. Management of civilian intelligence personnel.
Sec. 482. Repeal of superseded sections and clerical and con-
forming amendments.
Sec. 483. Other personnel management authorities.
TITLE V—NATIONAL SECURITY COUNCIL AND RELATED
BOARDS AND COMMITTEES
112
Sec. 501. Recodification of laws relating to National Security
Council and related boards and committees in Ex-
ecutive Office of the President.
TITLE VI—TECHNICAL AND CONFORMING AMENDMENTS
AND EFFECTIVE DATE
Sec. 601. Restatement of National Security Agency Act of 1959.
Sec. 602. Amendments to title 5, United States Code.
Sec. 603. Repeal of provisions recodified in new Act.
Sec. 604. National Security Act of 1947.
Sec. 605. Abolition of National Intelligence Council.
Sec. 606. Effective date.
SEC. 3. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress makes the
following findings:
(1) The United States must maintain a
strong, capable, and increasingly flexible
intelligence capability to collect and ana-
lyze information concerning world events
that may threaten its security so as to be
in a position to anticipate and respond to
such events in an effective and timely
manner.
(2) The existing framework for the
conduct of United States intelligence ac-
tivities, established by the National Secu-
rity Act of 1947, has evolved largely with-
out changes to the original statutory
framework, but rather as a matter of Ex-
ecutive order and directive.
113
(b) PURPOSES.—The purposes of this Act
are—
(1) to provide a framework for the im-
proved management of United States in-
telligence activities at all levels and with-
in all intelligence disciplines; and
(2) to provide an institutional struc-
ture that will continue to ensure that the
Intelligence Community serves the needs
of Government consumers in an effective
and timely manner.
SEC. 4. DEFINITIONS.
For the purposes of this Act:
(1) INTELLIGENCE.—The term ‘‘intel-
ligence’’ includes foreign intelligence and
counterintelligence.
(2) FOREIGN INTELLIGENCE.—The term
‘‘foreign intelligence’’ means information
relating to the capabilities, intentions, or
activities of foreign governments or ele-
ments thereof, foreign organizations, for-
eign transnational entities, or foreign
persons.
(3) COUNTERINTELLIGENCE.—The term
‘‘counterintelligence’’ means information
114
gathered and activities conducted to pro-
tect against espionage, other intelligence
activities, 
sabotage, 
or 
assassinations
conducted by or on behalf of foreign gov-
ernments or elements thereof, foreign or-
ganizations, foreign transnational enti-
ties, or foreign persons, or international
terrorist activities.
(4) NATIONAL INTELLIGENCE AND INTEL-
LIGENCE RELATED TO NATIONAL SECURITY.—
The terms ‘‘national intelligence’’ and ‘‘in-
telligence related to the national secu-
rity’’—
(A) each refer to intelligence that
pertains to the interests of the Gov-
ernment generally, rather than to the
interests of a single department 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 counterintel-
ligence or law enforcement activities
115
conducted by the Federal Bureau of
Investigation except to the extent
provided for in procedures agreed to
by the Director of Central Intel-
ligence and the Attorney General, or
otherwise as expressly provided for
in this Act.
(5) NATIONAL
FOREIGN
INTELLIGENCE
PROGRAM.—The term ‘‘National Foreign
Intelligence Program’’ refers to all pro-
grams, projects, and activities of the In-
telligence Community that are intended
to produce national intelligence, as well
as any other programs of the Intelligence
Community designated jointly by the Di-
rector of Central Intelligence 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 military departments to
acquire intelligence solely for the plan-
ning and conduct of tactical military op-
erations by United States Armed Forces.
116
(6) CONGRESSIONAL INTELLIGENCE COM-
MITTEES.—The term ‘‘congressional intel-
ligence committees’’ means—
(A) the Select Committee on Intel-
ligence of the Senate; and
(B) the Permanent Select Commit-
tee 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 Presi-
dent and the National Security Council
for intelligence matters related to the na-
tional security; and
(2) the head of the Intelligence Com-
munity.
(b) 
APPOINTMENT.—The 
Director 
of
Central Intelligence is appointed by the Presi-
117
dent, by and with the advice and consent of
the Senate.
SEC. 102. GENERAL INTELLIGENCE RESPONSIBILITIES OF
THE DIRECTOR.
(a) PROVISION
OF
INTELLIGENCE
TO
THE
PRESIDENT.—Under the direction of the Na-
tional Security Council, the Director of
Central Intelligence shall be responsible for
providing intelligence to the President.
(b) PROVISION
OF INTELLIGENCE
TO OTH-
ERS.—Under the direction of the National Se-
curity Council, the Director of Central Intel-
ligence shall be responsible for providing in-
telligence—
(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 commanders; and
(3) to the Senate and House of Rep-
resentatives and the appropriate commit-
tees thereof.
(c) INTELLIGENCE TO BE OBJECTIVE
AND
TIMELY.—Intelligence provided by the Direc-
118
tor pursuant to this section should be timely
and objective and shall be provided independ-
ent of political considerations or bias and
based upon all sources available to the Intel-
ligence 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 Intelligence
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 Community
and shall approve collection requirements,
determine collection priorities, and resolve
conflicts in collection priorities levied on na-
tional collection assets, except as otherwise
agreed with the Secretary of Defense pursu-
ant to the direction of the President.
119
SEC. 105. PROTECTION OF SOURCES AND METHODS.
The Director of Central Intelligence shall
protect intelligence sources and methods
from unauthorized disclosure.
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 useful-
ness of national intelligence 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 Community 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 Security Council may direct.
SEC. 109. PROHIBITION ON LAW ENFORCEMENT POWERS
AND INTERNAL SECURITY FUNCTIONS.
The Director of Central Intelligence shall
have no police, subpoena, or law enforcement
powers or internal security functions.
120
SEC. 110. ACCESS TO INTELLIGENCE.
To the extent recommended by the Na-
tional Security Council and approved by the
President, the Director of Central Intelligence
shall have access to all intelligence related to
the national security which is collected by
any department, agency, or other entity of the
United States.
SEC. 111. COORDINATION WITH FOREIGN GOVERNMENTS.
Under the direction of the National Secu-
rity Council and in a manner consistent with
section 207 of the Foreign Service Act of 1980
(22 U.S.C. 3927), the Director shall coordinate
the relationships between elements of the In-
telligence Community and the intelligence or
security services of foreign governments on
all matters involving intelligence related to
the national security or involving intelligence
acquired through clandestine means.
Subtitle B—Deputy Directors of
Central Intelligence
SEC. 121. DEPUTY DIRECTORS OF CENTRAL INTELLIGENCE.
(a) POSITIONS.—There is a Deputy Director
of Central Intelligence, and there is a Deputy
Director of Central Intelligence for Commu-
nity Management.
121
(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 Direc-
tor shall have extensive national security ex-
perience.
SEC. 122. DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE.
(a) IN GENERAL.—The Deputy Director of
Central Intelligence shall act for, and exercise
the powers of, the Director of Central Intel-
ligence during the Director’s absence or dis-
ability or during a vacancy in office of the
Director of Central Intelligence.
(b) PRECEDENCE.—The Deputy Director of
Central Intelligence takes precedence imme-
diately after the Director of Central Intel-
ligence.
SEC. 123. DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE
FOR COMMUNITY MANAGEMENT.
Subject to the direction of the Director of
Central Intelligence, the Deputy Director of
Central Intelligence for Community Manage-
ment shall be responsible for the following:
(1) Directing the operations of the
Community Management Staff.
122
(2) 
Performing 
community-wide
coordination functions, including the co-
ordination of resources and require-
ments.
(3) Coordinating community-wide re-
search 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 posi-
tion:
(1) The Director of Central Intel-
ligence.
(2) The two Deputy Directors of
Central Intelligence.
(b) APPOINTMENT AND RANK.—An individ-
ual serving in a position specified in para-
graph (1) or (2) of subsection (a) who is on
active duty in the Armed Forces shall be ap-
pointed from among the officers of the Armed
Forces on the active-duty list. The Director of
Central Intelligence may hold the grade of
general or admiral while so serving and a
123
Deputy Director of Central Intelligence may
hold the rank of lieutenant general or vice ad-
miral while so serving.
(c) ROLE AS OFFICER OF ARMED FORCES.—
A commissioned officer of the Armed Forces,
while serving in a position specified in para-
graph (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 employee of the Depart-
ment 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 person-
nel of the Department of Defense except
as otherwise authorized by law; and
(3) shall not be counted against the
numbers and percentages of commis-
sioned officers of the rank and grade of
such officer authorized for the military
department of that officer.
(d) MILITARY BENEFITS.—Except as pro-
vided in paragraph (1) or (2) of subsection (c),
the appointment of an officer of the Armed
124
Forces to a position specified in paragraph (1)
or (2) of subsection (a) shall not affect the sta-
tus, position, rank, or grade of such officer in
the Armed Forces, or any emolument, per-
quisite, right, privilege, or benefit incident to
or arising out of any such status, position,
rank, or grade.
(e) PAY.—An officer of the Armed Forces
appointed to a position specified in para-
graph (1) or (2) of subsection (a), while serv-
ing 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 service for which the appropriate
military department shall be reimbursed from
funds available to the Director of Central In-
telligence.
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 Intelligence, which shall include
the Offices of the Deputy Directors of
125
Central Intelligence and such other of-
fices as the Director may designate.
(2) 
The 
Community 
Management
Staff.
(3) The National Intelligence Evalua-
tion Council.
(4) The Central Intelligence Agency.
(5) The Defense Intelligence Agency.
(6) The National Security Agency.
(7) The National Reconnaissance Of-
fice.
(8) The National Imagery and Map-
ping Agency.
(9) The intelligence elements of the
Army, the Navy, the Air Force, the Ma-
rine Corps, and the Coast Guard.
(10) The intelligence elements of the
Federal Bureau of Investigation, the De-
partment of the Treasury, the Depart-
ment of Energy, and the Drug Enforce-
ment Administration.
(11) The Bureau of Intelligence and
Research of the Department of State.
(12) Such other elements of any other
department or agency as may be des-
126
ignated by the President, or designated
jointly by the Director of Central Intel-
ligence and the head of the department
or agency concerned, as an element of
the intelligence community.
Subtitle D—Annual Reports
SEC. 141. ANNUAL REPORT ON INTELLIGENCE COMMUNITY
ACTIVITIES.
(a) IN GENERAL.—The Director of Central
Intelligence shall submit to Congress an an-
nual report on the activities of the Intel-
ligence Community. The annual report 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 significant successes and
failures that can be described in an un-
classified manner; and
(2) the areas of the world and the is-
sues that the Director expects will re-
quire increased or unusual attention
127
from the Intelligence Community during
the next fiscal year.
(c) TIME
FOR
SUBMISSION.—The report
under this section for any year shall be sub-
mitted 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.
The Deputy Director of Central Intel-
ligence for Community Management, acting
through the Community Management Staff,
shall provide direction for the following Intel-
ligence Community-wide functions:
(1) Requirements and collection man-
agement.
128
(2) Planning, programming, budget-
ing, and accounting for the National For-
eign Intelligence Program.
(3) Research and development activi-
ties.
(4) Identification and review of intel-
ligence gaps and shortfalls.
Subtitle B—National Foreign
Intelligence Program
SEC. 221. BUDGETS.
(a) PREPARATION.—The Deputy Director of
Central Intelligence for Community Manage-
ment shall provide guidance to elements of
the intelligence community for the prepara-
tion of their annual budgets for the National
Foreign Intelligence Program.
(b) APPROVAL OF BUDGETS.—The Director
of Central Intelligence shall approve the
budgets prepared under subsection (a) before
their incorporation in the National Foreign
Intelligence Program.
(c) ACCOUNTING.—The Director of Central
Intelligence, acting through the Deputy Direc-
tor of Central Intelligence for Community
Management, shall budget and account for
129
National Foreign Intelligence Program finan-
cial resources on a community-wide basis by
the functional categories of collection, proc-
essing, exploitation, analysis, dissemination,
and infrastructure.
(d) IDENTIFICATION OF CONSTITUENT COM-
PONENTS OF BASE INTELLIGENCE BUDGET.—The
Director of Central Intelligence shall include
in the congressional budget justification ma-
terials provided to the congressional intel-
ligence committees in connection with the an-
nual submission of the National Foreign Intel-
ligence Program for a fiscal year the same
level of budgetary detail for that part of the
National Foreign Intelligence Program budg-
et identified as the Base Budget that is pro-
vided for that part of such budget identified
as Ongoing Initiatives and New Initiatives.
SEC. 222. COMPTROLLER FUNCTIONS OF COMMUNITY MAN-
AGEMENT STAFF.
(a) EXECUTION REVIEW.—The Community
Management Staff shall perform budget exe-
cution review of National Foreign Intel-
ligence Program elements of the Intelligence
Community and shall have the authority to
130
recommend to the comptroller of the agency
involved that authorized and appropriated in-
telligence funds be withheld in those in-
stances in which elements of the Intelligence
Community within the agency involved are
not complying with guidance from the Direc-
tor of Central Intelligence or applicable law.
(b) ACCOUNTING SYSTEM.—The Deputy Di-
rector of Central Intelligence for Community
Management shall establish and maintain an
Intelligence Community-wide automated sys-
tem for programming, budgeting, accounting,
and execution review of the National Foreign
Intelligence Program.
SEC. 223. 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 Director of Central Intel-
ligence, with the approval of the Director of
the Office of Management and Budget, may
transfer funds appropriated for a program
within the National Foreign Intelligence Pro-
gram to another such program and, in accord-
131
ance with procedures to be developed by the
Director and the heads of affected depart-
ments and agencies, may transfer personnel
authorized for an element of the Intelligence
Community to another such element for peri-
ods 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 activity is based on unforeseen
requirements;
(3) the transfer does not involve a
transfer of funds to the Reserve for Con-
tingencies of the Director of Central In-
telligence;
(4) the transfer does not involve a
transfer of funds or personnel from the
Federal Bureau of Investigation; and
(5) the Secretary or head of the de-
partment which contains the affected ele-
132
ment or elements of the intelligence com-
munity does not object to such transfer.
(c) AVAILABILITY OF TRANSFERRED FUNDS.—
Funds transferred under this section shall re-
main available for the same period as the ap-
propriations account 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 proce-
dures applicable to reprogramming notifica-
tions for the appropriate congressional com-
mittees. Any proposed transfer for which no-
tice is given to the appropriate congressional
committees shall be accompanied by a report
explaining the nature of the proposed trans-
fer and how it satisfies the requirements of
this subsection. In addition, the congressional
intelligence committees shall be promptly no-
tified of any transfer of funds made pursuant
to this subsection in any case in which the
transfer would not have otherwise required
reprogramming 
notification 
under 
proce-
dures in effect as of October 24, 1992.
133
(e) REPORT
ON PERSONNEL TRANSFERS.—
The Director shall promptly submit to the
congressional intelligence committees and, in
the case of the transfer of personnel 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 satisfies the requirements of this
subsection.
SEC. 224. LIMITATION ON REPROGRAMMING.
No funds made available under the Na-
tional Foreign Intelligence Program may be
reprogrammed by any element of the Intel-
ligence Community without the prior ap-
proval of the Director of Central Intelligence
except in accordance with procedures issued
by the Director.
Subtitle C—Personnel
SEC. 231. USE OF PERSONNEL.
The Director of Central Intelligence shall,
in coordination with the heads of depart-
134
ments and agencies with elements in the In-
telligence Community, and subject to the con-
currence of the Secretary of Defense when
employees of the Department of Defense are
affected, institute policies and programs with-
in the Intelligence Community—
(1) to provide for the rotation of per-
sonnel between the elements of the Intel-
ligence Community, where appropriate,
and to make such rotated service a factor
to be considered for promotion to senior
positions;
(2) to consolidate, wherever possible,
personnel, administrative, and security
programs to reduce the overall costs of
these activities within the Intelligence
Community;
(3) to ensure the maintenance of ef-
fective performance evaluation systems
with common standards throughout the
national Intelligence Community; and
(4) to develop a community-wide ca-
reer development program that empha-
sizes corporate management skills.
135
SEC. 232. AUTHORITY TO TERMINATE EMPLOYMENT OF
CERTAIN EMPLOYEES.
(a) IN GENERAL.—The Director of Central
Intelligence may, in the Director’s discretion,
terminate the employment of any officer or
employee of the Central Intelligence Agency
whenever the Director considers such termi-
nation to be necessary or advisable in the in-
terests of the United States. In the case of an
officer or employee who is assigned or de-
tailed to the Community Management Staff
from a department or agency other than the
Central Intelligence Agency, the Director
may, in the Director’s discretion, discontinue
the assignment or detail of such officer or em-
ployee to the Community Management Staff
and may recommend to the head of such de-
partment or agency that the employment of
such officer or employee be terminated.
(b) OTHER EMPLOYMENT
IN
THE GOVERN-
MENT.—Any such termination does not affect
the right of the individual whose employment
is so terminated to seek or accept employ-
ment in any other department or agency of
the Government if declared eligible for such
136
employment by the Office of Personnel Man-
agement.
SEC. 233. STUDY OF AN INTELLIGENCE COMMUNITY RE-
SERVE AND AN INFRASTRUCTURE SUPPORT
OFFICE.
(a) STUDY.—The Director of Central Intel-
ligence, in consultation with appropriate
agency heads, shall study the feasibilty of es-
tablishing an Intelligence Community Re-
serve and an Infrastructure Support Office.
(b) MATTERS TO BE INCLUDED
IN STUDY
WITH RESPECT
TO INTELLIGENCE COMMUNITY
RESERVE.—The study under this section shall
address the following matters with respect to
establishment of an Intelligence Community
Reserve:
(1) The criteria for membership of the
Reserve, especially among former and re-
tired employees of elements of the Intel-
ligence Community.
(2) Monetary incentives that would be
appropriate or necessary to attract indi-
viduals to become members of the Re-
serve.
137
(3) Programs and authorities that
would be required in order to provide
training and support for members of the
Reserve.
(4) 
Whether 
service 
agreements
should be offered or required for mem-
bers of the Reserve or as a condition of
providing training to a member of the Re-
serve.
(5) Any changes in law that may be
required in order to implement the Re-
serve.
(c) MATTERS TO BE INCLUDED
IN STUDY
WITH RESPECT
TO INTELLIGENCE COMMUNITY
RESERVE.—The study under this section shall
address the following matters with respect to
establishment of an Infrastructure Support
Office to be responsible for administrative
and logistical functions relating to infrastruc-
ture and services of common concern to ele-
ments of the Intelligence Community:
(1) Personnel management.
(2) Security.
(3) Community-level training.
(4) Communications.
138
(5) Automation.
(6) Such additional functions as the
Director considers appropriate.
Subtitle D—Intelligence
Community Administration
SEC. 251. SECRECY AGREEMENTS USED IN INTELLIGENCE
ACTIVITIES.
Notwithstanding any other provision of
law not specifically referencing this section, a
nondisclosure policy form or agreement that
is to be executed by a person connected with
the conduct of an intelligence or intelligence-
related activity, other than an employee or of-
ficer of the United States Government, may
contain provisions appropriate to the particu-
lar 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 re-
ceived in the course of such activity un-
less specifically authorized to do so by
the United States Government; and
(2) provide that the form or agree-
ment does not bar—
139
(A) disclosures to Congress; or
(B) disclosures to an authorized
official of an executive agency that
are considered essential 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 Director of the Federal Bu-
reau of Investigation is informed immediately
of any information, regardless of its origin,
which indicates that classified information 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 depart-
ment or agency making the report shall en-
sure that the Director of the Federal Bureau
of Investigation is consulted with respect to
all subsequent actions that may be under-
taken by the department or agency to deter-
140
mine the source of such unauthorized disclo-
sure.
(3) When, after appropriate consultation
with the head of the department or agency
concerned, the Director of the Federal Bureau
of Investigation undertakes investigative ac-
tivities to determine the source of the unau-
thorized disclosure, the head of the depart-
ment or agency concerned shall ensure that
the Director is given complete and timely ac-
cess to the employees and records of that de-
partment or agency for purposes of such in-
vestigative activities.
(b) COORDINATION
BY
FBI WITH
OTHER
AGENCIES.—(1) The Director of the Federal Bu-
reau of Investigation shall ensure that when
the Bureau obtains espionage information
pertaining to the personnel, operations, or in-
formation of another department or agency of
the executive branch, such information is pro-
vided through appropriate channels to the
head of that department or agency.
(2) The Director shall ensure that when
the Bureau undertakes an espionage inves-
tigation which involves the personnel, oper-
141
ations, or information of another department
or agency of the executive branch after a re-
port is provided pursuant to subsection (a)(1),
the head of that department or agency is con-
sulted 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 Investiga-
tion.
(2) Such a waiver shall be in writing and
shall fully state the justification for the waiv-
er.
(3) Within 30 days after issuing such a
waiver, the President shall notify the congres-
sional intelligence 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
142
complete explanation of the circumstances
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 committees
and, in accordance with applicable security
procedures, the Committees on the Judiciary
of the Senate and House of Representatives a
report with respect to compliance with sub-
sections (a) and (b) during the previous cal-
endar year. Each such report shall be pre-
pared in consultation with the Director of
Central Intelligence and the Secretary of De-
fense.
(e) RELATIONSHIP TO DEPARTMENT OF DE-
FENSE AUTHORITY OVER PERSONS SUBJECT TO
UCMJ.—Nothing in this section may be con-
strued to—
(1) alter the jurisdictional arrange-
ments in effect as of October 14, 1994, be-
tween the Federal Bureau of Investiga-
tion and the Department of Defense with
respect to investigations of persons sub-
ject to the Uniform Code of Military Jus-
143
tice (chapter 47 of title 10, United States
Code); or
(2) impose reporting requirements
upon the Department of Defense with re-
spect to such investigations 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 for-
eign power’’ have the meanings set forth in
sections 101(a) and 101(b), respectively, 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 Com-
munity, whenever compatible with the na-
tional security interests of the United States
and consistent with the operational and secu-
rity concerns related to the conduct of intel-
ligence activities, and where fiscally sound,
shall award contracts in a manner that would
maximize the procurement of products in the
United States.
144
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 prin-
cipal all-source national intelligence analyt-
ical agency. The Director of Central Intel-
ligence is the head of 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;
(2) provide appropriate dissemination
of such intelligence; and
(3) coordinate human intelligence ac-
tivities within the Intelligence Commu-
nity.
145
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) ANALYSIS AND PRODUCTION.—
(A) Correlating and evaluating in-
telligence related to national security
collected from all sources available
throughout the Intelligence Commu-
nity and facilitating appropriate dis-
semination of such intelligence.
(B) Coordinating analyses con-
ducted by the elements of the Intel-
ligence Community and establishing
procedures 
for 
collaborative 
all-
source analysis.
(C) 
Producing 
national 
intel-
ligence estimates.
(D) Coordinating the acquisition
and incorporation of all-source intel-
ligence into the community all-source
analytical process.
(2) 
COLLECTION
OF
INTELLIGENCE
THROUGH HUMAN SOURCES.—
146
(A) 
Collecting 
national 
intel-
ligence clandestinely through human
sources and by other appropriate
means.
(B) Ensuring that the most effec-
tive use is made of resources author-
ized for the purposes of subpara-
graph (A) and minimizing the risks to
the United States inherent in clandes-
tine collection operations.
(C) Performing such other func-
tions as the Director of Central Intel-
ligence may direct.
SEC. 304. REPORT ON HUMAN INTELLIGENCE COLLECTION
ACTIVITIES.
Not later than 90 days after the date of the
enactment of this Act, the Director of Central
Intelligence and the Deputy Secretary of De-
fense shall jointly submit to the Committee on
Armed Services and the Select Committee on
Intelligence of the Senate and the Committee
on National Security and the Permanent Se-
lect Committee on Intelligence of the House of
Representatives a report on the ongoing ef-
forts of those officials to achieve commonal-
147
ity, interoperability, and, where practicable,
consolidation of the collection of clandestine
intelligence from human sources conducted
by the Defense Human Intelligence Service of
the Department of Defense and the Direc-
torate of Operations of the Central Intel-
ligence Agency.
Subtitle B—The National
Intelligence Evaluation Council
SEC. 321. NATIONAL INTELLIGENCE EVALUATION COUNCIL.
(a) ESTABLISHMENT.—There is within the
Intelligence Community the National Intel-
ligence Evaluation Council.
(b) MEMBERS.—The National Intelligence
Evaluation Council shall be composed of sen-
ior analysts within the Intelligence Commu-
nity 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. Such appointments
shall be made in consultation with the Sec-
retary of Defense. The Director of Central In-
telligence shall appoint the head of the Coun-
cil from among its members, who shall report
148
directly to the Director of Central Intel-
ligence.
(c) SECURITY REQUIREMENTS.—The Direc-
tor of Central Intelligence shall prescribe ap-
propriate security requirements for person-
nel appointed from the private sector as a
condition of service on the Council to ensure
the protection of intelligence sources and
methods while avoiding, wherever possible,
unduly intrusive requirements which the Di-
rector considers to be unnecessary for this
purpose.
SEC. 322. FUNCTIONS OF THE NATIONAL INTELLIGENCE
EVALUATION COUNCIL.
The 
National 
Intelligence 
Evaluation
Council shall evaluate Intelligence Commu-
nity-wide collection and production of intel-
ligence, as well as the requirements and re-
sources for such collection and production.
Such evaluation shall be performed in con-
sultation with both Deputy Directors of
Central Intelligence and with the Deputy Sec-
retary of Defense.
149
SEC. 323. STAFFING OF THE NATIONAL INTELLIGENCE
EVALUATION COUNCIL.
The Director of Central Intelligence shall
make available to the National Intelligence
Evaluation Council such staff as may be nec-
essary 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 pol-
icymaking officials and other consumers of in-
telligence.
Subtitle C—Future of Intelligence
Collection
SEC. 331. PANEL ON THE FUTURE OF INTELLIGENCE COL-
LECTION.
(a) STUDY.—The Director of Central Intel-
ligence and the Secretary of Defense shall
jointly conduct a study on the future of intel-
ligence collection, in terms of managing col-
lection resources in a more consolidated, syn-
ergistic manner. The study is not limited to,
but should include specific examination of the
following:
(1) Implementation of the National
Imagery and Mapping Agency, including
an evaluation of its effectiveness and pos-
150
sible synergies that could be gained by
assessing the potential consolidation of
other collection activities. These other
collection activities should include—
(A) signals intelligence (SIGINT)
and measurement and signatures in-
telligence (MASINT);
(B) first-phase (or initial) exploi-
tation of the results of such collec-
tion;
(C) dissemination of such collec-
tion in a timely manner; and
(D) development of processing
and exploitation technologies to sup-
port these functions.
(2) The joint study should include an
evaluation of the feasibility and efficacy
of consolidating the following functions,
which should include—
(A) the specification of technical
requirements 
for 
such 
reconnais-
sance systems as may be needed to
meet the signals intelligence, imagery
intelligence, and measurement and
signatures intelligence collection re-
151
quirements of the Intelligence Com-
munity;
(B) the operation and final dis-
position of such systems;
(C) the conduct of research, de-
velopment, test, and evaluation, for
procurement, and for launch of sat-
ellite reconnaissance systems that
may be required to satisfy the intel-
ligence collection requirements of the
Intelligence Community; and
(D) the conduct of research, de-
velopment, test, evaluation and for
procurement of reconnaissance, sur-
veillance, and sensor systems, includ-
ing airborne and maritime reconnais-
sance capabilities within the National
Foreign Intelligence Program and the
Joint Military Intelligence Program.
(b) CRITERIA.—The study under subsection
(a) shall—
(1) take into account current and fu-
ture technological capabilities and intel-
ligence requirements;
152
(2) take into account the costs and
benefits associated with possible addi-
tional consolidations as well as the costs
and benefits of maintaining the current
system; and
(3) examine such possible consolida-
tions both on their individual merits and
also with a view toward having such
agencies co-exist as an entire new organi-
zational structure.
(c) PANEL MEMBERS.—
(1) 
SELECTION.—The 
Director 
of
Central Intelligence and the Secretary of
Defense, jointly, shall select individuals
for membership on a panel to conduct the
study under subsection (a) who are—
(A) current and former members
of the Intelligence Community and
senior policy makers who are knowl-
edgeable about a diverse range of in-
telligence requirements; and
(B) such other public or private
individuals as the Director and the
Secretary deem appropriate.
153
(2) 
BALANCE.—Membership 
on 
the
panel shall be balanced in terms of tech-
nical and operational knowledge and
views so as to ensure the objectivity of
the panel’s report.
(3) 
DIRECTOR.—The 
Director 
of
Central Intelligence, in consultation with
the Secretary of Defense, shall appoint a
director of the panel from among its
members. The director of the panel may
create such sub-panels as the director
deems appropriate.
(d) REPORT.—No later than April 15, 1997,
the panel shall submit a report of the study
to the Director of Central Intelligence and the
Secretary of Defense, who shall forward the
report to the President, the congressional in-
telligence committees, the Committee on
Armed Services of the Senate, and the Com-
mittee on National Security of the House of
Representatives.
154
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 intelligence functions as may be directed
by the President by Executive order or other-
wise.
SEC. 402. REQUIREMENT THAT BUDGETS FOR INTEL-
LIGENCE COMPONENTS BE ADEQUATE.
The Secretary of Defense shall ensure that
the budgets of the elements of the Intelligence
Community within the Department of Defense
for any fiscal year are adequate to satisfy the
overall intelligence needs of the Department
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) wherever such elements are per-
forming Government-wide functions, the
needs of other departments and agencies,
as appropriate.
155
SEC. 403. IMPLEMENTATION OF DIRECTOR OF CENTRAL IN-
TELLIGENCE POLICIES AND RESOURCE DECI-
SIONS.
The Secretary of Defense shall ensure ap-
propriate implementation of the policies and
resource decisions of the Director of Central
Intelligence by elements of the Department 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 tactical intelligence activities of the De-
partment of Defense complement, and are
compatible with, intelligence activities under
the National Foreign Intelligence Program.
SEC. 405. RESPONSIVENESS TO OPERATIONAL MILITARY
FORCES.
The Secretary of Defense shall ensure that
the elements of the Intelligence Community
within the Department of Defense are respon-
sive and timely with respect to satisfying the
needs of operational military forces.
156
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. CONDUCT OF DEFENSE INTELLIGENCE ACTIVI-
TIES.
The Secretary of Defense shall ensure
that, when appropriate, intelligence activities
of the Department of Defense are conducted
(1) jointly, and (2) cooperatively with ele-
ments of the Intelligence Community outside
the Department of Defense.
SEC. 408. SIGNALS INTELLIGENCE ACTIVITIES.
The Secretary of Defense shall ensure
through the National Security Agency (except
as otherwise directed by the President or the
National Security Council), the continued op-
eration of an effective unified organization
for the conduct of signals intelligence activi-
ties and shall ensure that the product is dis-
seminated in a timely manner to authorized
recipients.
158
SEC. 411. DEFENSE INTELLIGENCE AGENCY.
The Secretary of Defense shall ensure—
(1) through the Defense Intelligence
Agency (except as otherwise directed by
the President or the National Security
Council), the continued operation of an
effective unified system within the De-
partment of Defense for the production of
timely, objective military and military-re-
lated intelligence, based upon all sources
available to the intelligence community,
and shall ensure the appropriate dissemi-
nation of such intelligence to authorized
recipients; and
(2) through the Defense Intelligence
Agency (except as otherwise directed by
the President or the National Security
Council), effective management of De-
partment of Defense human intelligence
activities, including defense attaches; and
SEC. 412. MILITARY DEPARTMENTS.
The Secretary of Defense shall ensure that
the military departments maintain sufficient
capabilities to collect and produce intel-
ligence to meet—
159
(1) the requirements of the Director
of Central Intelligence;
(2) the requirements of the Secretary
of Defense or the Chairman of the Joint
Chiefs of Staff;
(3) the requirements of the unified
and specified combatant commands and
of joint operations; and
(4) the specialized requirements of
the military departments for intelligence
necessary to support tactical command-
ers, military planners, the research and
development process, the acquisition of
military equipment, and training and
doctrine.
SEC. 413. USE OF ELEMENTS OF DEPARTMENT OF DE-
FENSE.
The Secretary of Defense, in carrying out
the functions of the Secretary under this Act,
may use such elements of the Department of
Defense as may be appropriate for the execu-
tion of those functions, in addition to, or in
lieu of, the elements specifically identified in
this Act for the performance of those func-
tions.
160
SEC. 414. CONSULTATIONS REGARDING APPOINTMENT OF
CERTAIN INTELLIGENCE OFFICIALS.
(a) IN GENERAL.—Section 201 of title 10,
United States Code, is amended to read as fol-
lows:
‘‘§ 201. Consultation regarding appointment of heads
of certain intelligence components
‘‘Before submitting a recommendation to
the President regarding the appointment of
an individual to the position of Director of the
National Security Agency, Director of the De-
fense Intelligence Agency, Director of the Na-
tional Reconnaissance Office, or Director of
the National Imagery and Mapping Agency,
the Secretary of Defense shall consult with
the Director of Central Intelligence regarding
the recommendation.’’.
(b) CLERICAL AMENDMENT.—The item relat-
ing to section 201 in the table of sections at
the beginning of subchapter II of chapter 8 of
such title is amended to read as follows:
‘‘201. Consultation regarding appointment of heads of certain
intelligence components.’’.
161
Subtitle B—Director of Military
Intelligence
SEC. 421. REPORT ON THE ESTABLISHMENT OF A DIREC-
TOR OF MILITARY INTELLIGENCE.
(a) REPORT
REQUIRED.—Not later than
April 15, 1997, the Secretary of Defense shall
submit 
to 
the 
congressional 
committees
named in subsection (b) a report on the day-
to-day coordination role of the intelligence ac-
tivities of the military intelligence community
performed by the Director of the Defense In-
telligence Agency, as chairman of the Military
Intelligence Board. The report shall assess the
feasibility of formally establishing the Direc-
tor of the Defense Intelligence Agency as the
Director of Military Intelligence, with clear
preservation of civilian oversight responsibil-
ities.
(b) 
COMMITTEES.—The 
committees 
re-
ferred to in subsection (a) are—
(1) the Committee on Armed Services
and the Select Committee on Intelligence
of the Senate; and
(2) the Committee on National Secu-
rity and the Permanent Select Committee
162
on Intelligence of the House of Rep-
resentatives.
Subtitle C—National Imagery and
Mapping Agency
PART I—ESTABLISHMENT OF AGENCY
SEC. 431. ESTABLISHMENT.
(a) ESTABLISHMENT.—There is hereby es-
tablished in the Department of Defense a De-
fense Agency to be known as the National Im-
agery and Mapping Agency.
(b) TRANSFER OF FUNCTIONS FROM DEPART-
MENT OF DEFENSE ENTITIES.—The missions and
functions of the following elements of the De-
partment of Defense are transferred to the
National Imagery and Mapping Agency:
(1) The Defense Mapping Agency.
(2) The Central Imagery Office.
(3) Other elements of the Department
of Defense as specified in the classified
annex to this Act.
(c) TRANSFER OF FUNCTIONS FROM CENTRAL
INTELLIGENCE
AGENCY.—The 
missions 
and
functions of the following elements of the
Central Intelligence Agency are transferred
to the National Imagery and Mapping Agency:
163
(1) The National Photographic Inter-
pretation Center.
(2) Other elements of the Central In-
telligence Agency as specified in the clas-
sified annex to this Act.
SEC. 432. MISSIONS AND AUTHORITY.
(a) AGENCY CHARTER.—Part I of subtitle A
of title 10, United States Code, is amended—
(1) by redesignating chapter 22 as
chapter 23; and
(2) by inserting after chapter 21 the
following new chapter 22:
‘‘CHAPTER 22—NATIONAL IMAGERY AND
MAPPING AGENCY
‘‘Subchapter
Sec.
‘‘I. Missions and Authority .........................................................
441
‘‘II. Maps, Charts, and Geodetic Products .............................
451
‘‘III. Personnel Management .....................................................
461
‘‘IV. Definitions .............................................................................
467
‘‘SUBCHAPTER I—MISSIONS AND
AUTHORITY
‘‘Sec.
‘‘441. Establishment.
‘‘442. Missions.
‘‘443. Imagery intelligence and geospatial information: support
for foreign countries
‘‘444. Support from Central Intelligence Agency.
‘‘445. Protection of agency identifications and organizational in-
formation.
164
‘‘§ 441. Establishment
‘‘(a) ESTABLISHMENT.—The National Im-
agery and Mapping Agency is a combat sup-
port agency of the Department of Defense and
has significant national missions.
‘‘(b) DIRECTOR.—(1) The Director of the Na-
tional Imagery and Mapping Agency is the
head of the agency. The Director carries out
the Director’s functions subject to the author-
ity, direction, and control of the Secretary of
Defense.
‘‘(2) If an officer of the armed forces on ac-
tive duty is appointed to the position of Direc-
tor, the position shall be treated as having
been designated by the President as a posi-
tion of importance and responsibility for pur-
poses of section 601 of this title and shall
carry the grade of lieutenant general, or, in
the case of an officer of the Navy, vice admi-
ral.
‘‘(c) DIRECTOR
OF CENTRAL INTELLIGENCE
COLLECTION TASKING AUTHORITY.—Unless oth-
erwise directed by the President, the Director
of Central Intelligence may (except as other-
wise agreed by the Director and the Secretary
of Defense)—
165
‘‘(1) approve collection requirements
levied on national imagery collection as-
sets;
‘‘(2) determine priorities for such re-
quirements; and
‘‘(3) resolve conflicts in such prior-
ities.
‘‘§ 442. Missions
‘‘(a) NATIONAL SECURITY MISSIONS.—(1) The
Director of the National Imagery and Map-
ping Agency shall, in support of the national
security objectives of the United States, pro-
vide the following:
‘‘(A) Imagery.
‘‘(B) Imagery intelligence.
‘‘(C) Geospatial information.
‘‘(2) In carrying out paragraph (1), the Di-
rector shall ensure that the information and
intelligence provided is timely, relevant, and
accurate.
‘‘(b) NAVIGATION INFORMATION.—The Direc-
tor of the National Imagery and Mapping
Agency shall improve means of navigating
vessels of the Navy and the merchant marine
by providing, under the authority of the Sec-
166
retary of Defense, accurate and inexpensive
nautical charts, sailing directions, books on
navigation, and manuals of instructions for
the use of all vessels of the United States and
of navigators generally.
‘‘(c) MAPS, CHARTS, ETC.—The Director of
the National Imagery and Mapping Agency
shall prepare and distribute maps, charts,
books, and geodetic products as authorized
under subchapter II of this chapter.
‘‘(d) NATIONAL
MISSIONS.—The National
Imagery and Mapping Agency also has na-
tional missions as specified in section 120(a)
of the National Security Act of 1947.
‘‘(e) SYSTEMS.—The Director of the Agency
may, in furtherance of a mission of the Agen-
cy, design, develop, deploy, operate, and
maintain systems related to the processing
and dissemination of imagery intelligence
and geospatial information that may be trans-
ferred to, accepted or used by, or used on be-
half of—
‘‘(1) the armed forces, including any
combatant command, component of a
167
combatant command, joint task force, or
tactical unit; or
‘‘(2) any other department or agency
of the United States.
‘‘§ 443. Imagery intelligence and geospatial informa-
tion: support for foreign countries
‘‘(a) USE OF APPROPRIATED FUNDS.—The Di-
rector of the National Imagery and Mapping
Agency may use appropriated funds available
to that Agency to provide foreign countries
with imagery intelligence and geospatial in-
formation support.
‘‘(b) FUNDS
OTHER
THAN
APPROPRIATED
FUNDS.—The Director may use funds other
than appropriated funds to provide foreign
countries 
with 
imagery 
intelligence 
and
geospatial 
information 
support, 
notwith-
standing provisions of law relating to the ex-
penditure of funds of the United States, ex-
cept that—
‘‘(1) no such funds may be expended,
in whole or in part, by or for the benefit
of the National Imagery and Mapping
Agency for a purpose for which Congress
had previously denied funds.
168
‘‘(2) proceeds from the sale of imagery
intelligence or geospatial information
items may be used only to purchase re-
placement items similar to the items that
are sold; and
‘‘(3) the authority provided by this
subsection may not be used to acquire
items or services for the principal benefit
of the United States.
‘‘(c) ACCOMMODATION PROCUREMENTS.—The
authority under this section may be exercised
to conduct accommodation procurements on
behalf of foreign countries.
‘‘(d) COORDINATION
WITH
DIRECTOR
OF
CENTRAL INTELLIGENCE.—The Director of the
Agency shall coordinate with the Director of
Central Intelligence any action under this
section that involves imagery intelligence or
intelligence products or involves providing
support to an intelligence or security service
of a foreign country.
‘‘§ 444. Support from Central Intelligence Agency
‘‘(a) SUPPORT AUTHORIZED.—The Director
of Central Intelligence may provide support
in accordance with this section to the Direc-
169
tor of the National Imagery and Mapping
Agency. The Director of the National Imagery
and Mapping Agency may accept support pro-
vided under this section.
‘‘(b) ADMINISTRATIVE AND CONTRACT SERV-
ICES.—(1) In furtherance of the national intel-
ligence effort, the Director of Central Intel-
ligence may provide administrative and con-
tract services to the National Imagery and
Mapping Agency as if that agency were an or-
ganizational element of the Central Intel-
ligence Agency.
‘‘(2) Services provided under paragraph
(1) may include the services of security police.
For purposes of section 15 of the Central In-
telligence Agency Act of 1949 (50 U.S.C. 403o),
an installation of the National Imagery and
Mapping Agency that is provided security po-
lice services under this section shall be con-
sidered an installation of the Central Intel-
ligence Agency.
‘‘(3) Support provided under this sub-
section shall be provided under terms and
conditions agreed upon by the Secretary of
170
Defense and the Director of Central Intel-
ligence.
‘‘(c) DETAIL OF PERSONNEL.—The Director
of Central Intelligence may detail personnel
of the Central Intelligence Agency indefi-
nitely to the National Imagery and Mapping
Agency without regard to any limitation on
the duration of interagency details of Federal
Government personnel.
‘‘(d) REIMBURSABLE OR NONREIMBURSABLE
SUPPORT.—Support under this section may be
provided and accepted on either a reimburs-
able basis or a nonreimbursable basis.
‘‘(e) AUTHORITY TO TRANSFER FUNDS.—(1)
The Director of the National Imagery and
Mapping Agency may transfer funds available
for that agency to the Director of Central In-
telligence for the Central Intelligence Agency.
‘‘(2) The Director of Central Intelligence—
‘‘(A) may accept funds transferred
under paragraph (1); and
‘‘(B) shall expend such funds, in ac-
cordance with the Central Intelligence
Agency Act of 1949 (50 U.S.C. 403a et
seq.), to provide administrative and con-
171
tract services or detail personnel to the
National Imagery and Mapping Agency
under this section.
‘‘§ 445. Protection of agency identifications and orga-
nizational information
‘‘(a) UNAUTHORIZED USE OF AGENCY NAME,
INITIALS, OR SEAL.—(1) Except with the written
permission of the Secretary of Defense, no
person may knowingly use, in connection
with any merchandise, retail product, imper-
sonation, solicitation, or commercial activity
in a manner reasonably calculated to convey
the impression that such use is approved, en-
dorsed, or authorized by the Secretary of De-
fense, any of the following:
‘‘(A) The words ‘National Imagery and
Mapping Agency’, the initials ‘NIMA’, or
the seal of the National Imagery and
Mapping Agency.
‘‘(B) The words ‘Defense Mapping
Agency’, the initials ‘DMA’, or the seal of
the Defense Mapping Agency.
‘‘(C) Any colorable imitation of such
words, initials, or seals.
172
‘‘(2) Whenever it appears to the Attorney
General that any person is engaged or about
to engage in an act or practice which con-
stitutes or will constitute conduct prohibited
by paragraph (1), the Attorney 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 a hearing and determination of
such action and may, at any time before such
final determination, enter such restraining
orders or prohibitions, or take such other ac-
tion as is warranted, to prevent injury to the
United States or to any person or class of per-
sons for whose protection the action is
brought.
‘‘(b) PROTECTION
OF ORGANIZATIONAL IN-
FORMATION.—Notwithstanding any other pro-
vision of law, the Director of the National Im-
agery and Mapping Agency is not required to
disclose the organization of the agency, any
function of the agency, any information with
respect to the activities of the agency, or the
names, titles, salaries, or number of the per-
sons employed by the agency. This subsection
173
does not apply to disclosures of information
to Congress.
‘‘SUBCHAPTER II—MAPS, CHARTS, AND
GEODETIC PRODUCTS
‘‘Sec.
‘‘451. Maps, charts, and books.
‘‘452. Pilot charts.
‘‘453. Prices of maps, charts, and navigational publications.
‘‘454. Exchange of mapping, charting, and geodetic data with
foreign countries and international organizations
‘‘455. Maps, charts, and geodetic data: public availability; excep-
tions.
‘‘456. Civil actions barred.
‘‘SUBCHAPTER III—PERSONNEL
MANAGEMENT
‘‘Sec.
‘‘461. Management rights.
‘‘§ 461. Management rights
‘‘(a) SCOPE.—If there is no obligation
under the provisions of chapter 71 of title 5
for the head of an agency of the United States
to consult or negotiate with a labor organiza-
tion on a particular matter by reason of that
matter being covered by a provision of law or
a Governmentwide regulation, the Director of
the National Imagery and Mapping Agency is
not obligated to consult or negotiate with a
labor organization on that matter even if that
provision of law or regulation is inapplicable
to the National Imagery and Mapping Agency.
174
‘‘(b) BARGAINING UNITS.—The National Im-
agery and Mapping Agency shall accord ex-
clusive recognition to a labor organization
under section 7111 of title 5 only for a bar-
gaining unit that was recognized as appro-
priate for the Defense Mapping Agency on the
day before the date on which employees and
positions of the Defense Mapping Agency in
that bargaining unit became employees and
positions of the National Imagery and Map-
ping Agency under the Intelligence Commu-
nity Act.
‘‘(c) TERMINATION OF BARGAINING UNIT COV-
ERAGE OF POSITION MODIFIED TO AFFECT NA-
TIONAL SECURITY DIRECTLY.—(1) If the Director
of the National Imagery and Mapping Agency
determines that the responsibilities of a posi-
tion within a collective bargaining unit
should be modified to include intelligence,
counterintelligence, investigative, or security
duties not previously assigned to that posi-
tion and that the performance of the newly as-
signed duties directly affects the national se-
curity of the United States, then, upon such
a modification of the responsibilities of that
175
position, the position shall cease to be cov-
ered by the collective bargaining unit and the
employee in that position shall cease to be en-
titled to representation by a labor organiza-
tion accorded exclusive recognition for that
collective bargaining unit.
‘‘(2) A determination described in para-
graph (1) that is made by the Director of the
National Imagery and Mapping Agency may
not be reviewed by the Federal Labor Rela-
tions Authority or any court of the United
States.
‘‘SUBCHAPTER IV—DEFINITIONS
‘‘Sec.
‘‘467. Definitions.
‘‘§ 467. Definitions
‘‘In this chapter:
‘‘(1) The term ‘function’ means any
duty, obligation, responsibility, privilege,
activity, or program.
‘‘(2)(A) The term ‘imagery’ means, ex-
cept as provided in subparagraph (B), a
likeness or presentation of any natural or
manmade feature or related object or ac-
tivity and the positional data acquired at
176
the same time the likeness or representa-
tion was acquired, including—
‘‘(i) products produced by space-
based national intelligence reconnais-
sance systems; and
‘‘(ii) likenesses or presentations
produced by satellites, airborne plat-
forms, unmanned aerial vehicles, or
other similar means.
‘‘(B) Such term does not include
handheld or clandestine photography
taken by or on behalf of human intel-
ligence collection organizations.
‘‘(3) The term ‘imagery intelligence’
means the technical, geographic, and in-
telligence information derived through
the interpretation or analysis of imagery
and collateral materials.
‘‘(4) The term ‘geospatial information’
means information that identifies the ge-
ographic location and characteristics of
natural 
or 
constructed 
features 
and
boundaries on the earth and includes—
‘‘(A) statistical data and informa-
tion 
derived 
from, 
among 
other
177
things, remote sensing, mapping, and
surveying technologies;
‘‘(B) mapping, charting, and geo-
detic data; and
‘‘(C) geodetic products, as defined
in section 455(c) of this title.’’.
(b) TRANSFER OF DEFENSE MAPPING AGENCY
PROVISIONS.—(1) Sections 2792, 2793, 2794,
2795, 2796, and 2798 of title 10, United States
Code, are transferred to subchapter II of
chapter 22 of such title, as added by sub-
section (a), inserted in that sequence in such
subchapter following the table of sections,
and redesignated in accordance with the fol-
lowing table:
Section
Section as
transferred
redesignated
2792 ...........................................................................................
451
2793 ...........................................................................................
452
2794 ...........................................................................................
453
2795 ...........................................................................................
454
2796 ...........................................................................................
455
2798 ...........................................................................................
456.
(2) Sections 451(1), 452, 453, 454, and 455
(in subsections (a) and (b)(1)(C)), and 456 of
title 10, United States Code, as transferred
and redesignated by paragraph (1), are
amended by striking out ‘‘Defense Mapping
Agency’’ each place it appears and inserting
178
in lieu thereof ‘‘National Imagery and Map-
ping Agency’’.
(c) OVERSIGHT OF AGENCY AS A COMBAT SUP-
PORT AGENCY.—Section 193 of title 10, United
States Code, is amended—
(1) in subsection (d)—
(A) by striking out the caption
and inserting in lieu thereof ‘‘REVIEW
OF
NATIONAL
SECURITY
AGENCY
AND
NATIONAL
IMAGERY
AND
MAPPING
AGENCY.—’’;
(B) in paragraph (1)—
(i) by inserting ‘‘and the Na-
tional 
Imagery 
and 
Mapping
Agency’’ after ‘‘the National Secu-
rity Agency’’; and
(ii) by striking out ‘‘the Agen-
cy’’ and inserting in lieu thereof
‘‘that the agencies’’; and
(C) in paragraph (2), by inserting
‘‘and the National Imagery and Map-
ping Agency’’ after ‘‘the National Se-
curity Agency’’;
(2) in subsection (e)—
179
(A) by striking out ‘‘DIA AND NSA’’
in the caption and inserting in lieu
thereof the following: ‘‘DIA, NSA, AND
NIMA.—’’; and
(B) by striking out ‘‘and the Na-
tional Security Agency’’ and inserting
in lieu thereof ‘‘, the National Secu-
rity Agency, and the National Im-
agery and Mapping Agency’’; and
(3) in subsection (f), by striking out
paragraph (4) and inserting in lieu there-
of the following:
‘‘(4) The National Imagery and Map-
ping Agency.’’.
(d) 
SPECIAL
PRINTING
AUTHORITY
FOR
AGENCY.—(1) Section 207(a)(2)(B) of the Legis-
lative Branch Appropriations Act, 1993 (Pub-
lic Law 102–392; 44 U.S.C. 501 note), is amend-
ed by inserting ‘‘National Imagery and Map-
ping Agency,’’ after ‘‘Defense Intelligence
Agency,’’.
(2) Section 1336 of title 44, United States
Code, is amended—
(A) by striking out ‘‘Secretary of the
Navy’’ and inserting in lieu thereof ‘‘Di-
180
rector of the National Imagery and Map-
ping Agency’’; and
(B) by striking out ‘‘United States
Naval Oceanographic Office’’ and insert-
ing in lieu thereof ‘‘National Imagery and
Mapping Agency’’.
SEC. 433. TRANSFERS OF PERSONNEL AND ASSETS.
The personnel, assets, unobligated bal-
ances of appropriations and authorizations of
appropriations, and, to the extent jointly de-
termined appropriate by the Secretary of De-
fense and Director of Central Intelligence, ob-
ligated balances of appropriations and au-
thorizations 
of 
appropriations 
employed,
used, held, arising from, or available in con-
nection with the missions and functions
transferred under section 431(c) are trans-
ferred to the National Imagery and Mapping
Agency. Transfers of appropriations from the
Central Intelligence Agency under this sec-
tion shall be made in accordance with section
1531 of title 31, United States Code.
181
SEC. 434. COMPATIBILITY WITH AUTHORITY UNDER THE
INTELLIGENCE COMMUNITY ACT.
Consistent with the other provisions of
this Act, the Secretary of Defense shall en-
sure, through the National Imagery and Map-
ping Agency (except as otherwise directed by
the President or the National Security Coun-
cil) and with appropriate representation from
the intelligence community, the continued op-
eration of an effective unified organization
within the Department of Defense—
(1) for carrying out tasking of im-
agery collection;
(2) for the coordination of imagery
processing and exploitation activities;
(3) for ensuring the dissemination of
imagery in a timely manner to authorized
recipients; and
(4) notwithstanding any other provi-
sion of law, for—
(A) prescribing technical architec-
ture and standards related to im-
agery intelligence and geospatial in-
formation and ensuring compliance
with such architecture and stand-
ards; and
182
(B) developing and fielding sys-
tems of common concern related to
imagery intelligence and geospatial
information.
SEC. 435. NATIONAL MISSION OF NATIONAL IMAGERY AND
MAPPING AGENCY.
(a) IN GENERAL.—In addition to the De-
partment of Defense missions set forth in sec-
tion 442 of title 10, United States Code, the Na-
tional Imagery and Mapping Agency shall
support the imagery requirements of the De-
partment of State and other departments and
agencies of the United States outside the De-
partment of Defense.
(b) REQUIREMENTS
AND PRIORITIES.—The
Director of Central Intelligence shall estab-
lish requirements and priorities governing
the collection of national intelligence by the
National Imagery and Mapping Agency under
subsection (a).
(c) CORRECTION OF DEFICIENCIES.—The Di-
rector of Central Intelligence shall develop
and implement such programs and policies as
the Director and the Secretary of Defense
jointly determine necessary to review and
183
correct deficiencies identified in the capabili-
ties of the National Imagery and Mapping
Agency to accomplish assigned national mis-
sions. The Director shall consult with the Sec-
retary of Defense on the development and im-
plementation of such programs and policies.
The Secretary shall obtain the advice of the
Chairman of the Joint Chiefs of Staff regard-
ing the matters on which the Director and the
Secretary are to consult under the preceding
sentence.
SEC. 436. CREDITABLE CIVILIAN SERVICE FOR CAREER
CONDITIONAL EMPLOYEES OF THE DEFENSE
MAPPING AGENCY.
In the case of an employee of the National
Imagery and Mapping Agency who, on the day
before the effective date of this title, was an
employee of the Defense Mapping Agency in
a career-conditional status, the continuous
service of that employee as an employee of the
National Imagery and Mapping Agency on
and after such date shall be considered cred-
itable service for the purpose of any deter-
mination of the career status of the employee.
184
SEC. 437. SAVING PROVISIONS.
(a) CONTINUING EFFECT
ON LEGAL DOCU-
MENTS.—All orders, determinations, rules, reg-
ulations, permits, agreements, international
agreements, grants, contracts, leases, certifi-
cates, licenses, registrations, privileges, and
other administrative actions—
(1) which have been issued, made,
granted, or allowed to become effective
by the President, any Federal agency or
official thereof, or by a court of com-
petent jurisdiction, in connection with
any of the functions which are trans-
ferred under this title or any function
that the National Imagery and Mapping
Agency is authorized to perform by law,
and
(2) which are in effect at the time this
title takes effect, or were final before the
effective date of this title and are to be-
come effective on or after the effective
date of this title,
shall continue in effect according to their
terms until modified, terminated, superseded,
set aside, or revoked in accordance with law
by the President, the Secretary of Defense,
185
the Director of the National Imagery and
Mapping Agency or other authorized official,
a court of competent jurisdiction, or by oper-
ation of law.
(b) PROCEEDINGS
NOT
AFFECTED.—This
title and the amendments made by this title
shall not affect any proceedings, including no-
tices of proposed rulemaking, or any applica-
tion for any license, permit, certificate, or fi-
nancial assistance pending before an element
of the Department of Defense or Central Intel-
ligence Agency at the time this title takes ef-
fect, with respect to function of that element
transferred by section 442, but such proceed-
ings and applications shall be continued. Or-
ders shall be issued in such proceedings, ap-
peals shall be taken therefrom, and payments
shall be made pursuant to such orders, as if
this title had not been enacted, and orders is-
sued in any such proceedings shall continue
in effect until modified, terminated, super-
seded, or revoked by a duly authorized offi-
cial, by a court of competent jurisdiction, or
by operation of law. Nothing in this section
shall be deemed to prohibit the discontinu-
186
ance or modification of any such proceeding
under the same terms and conditions and to
the same extent that such proceeding could
have been discontinued or modified if this
title had not been enacted.
SEC. 438. DEFINITIONS.
In this part, the terms ‘‘function’’, ‘‘im-
agery’’, 
‘‘imagery 
intelligence’’, 
and
‘‘geospatial information’’ have the meanings
given those terms in section 467 of title 10,
United States Code, as added by section 432.
PART II—CONFORMING AMENDMENTS AND
EFFECTIVE DATE
SEC. 441. REDESIGNATION AND REPEALS.
(a) REDESIGNATION.—Chapter 23 of title 10,
United States Code (as redesignated by sec-
tion 432(a)(1)) is amended by redesignating
the sections in that chapter as sections 481
and 482, respectively.
(b) REPEAL OF SUPERSEDED LAW.—Chapter
167 of such title, as amended by section
432(b), is repealed.
SEC. 442. REFERENCE AMENDMENTS.
(a) TITLE 5, UNITED STATES CODE.—Title 5,
United States Code, is amended as follows:
187
(1) CENTRAL
IMAGERY
OFFICE.—Sec-
tions 
2302(a)(2)(C)(ii), 
3132(a)(1)(B),
4301(1) 
(in 
clause 
(ii)), 
4701(a)(1)(B),
5102(a)(1) (in clause (xi)), 5342(a)(1)(L),
6339(a)(1)(E), 
and 
7323(b)(2)(B)(i)(XIII)
are amended by striking out ‘‘Central Im-
agery Office’’ and inserting in lieu there-
of ‘‘National Imagery and Mapping Agen-
cy’’.
(2) DIRECTOR, CENTRAL
IMAGERY
OF-
FICE.—Section 6339(a)(2)(E) is amended
by striking out ‘‘Central Imagery Office,
the Director of the Central Imagery Of-
fice’’ and inserting in lieu thereof ‘‘Na-
tional Imagery and Mapping Agency, the
Director of the National Imagery and
Mapping Agency’’.
(b) OTHER
LAWS.—The following provi-
sions of law are amended by striking out
‘‘Central Imagery Office’’ and inserting in lieu
thereof ‘‘National Imagery and Mapping Agen-
cy’’:
(1) NATIONAL SECURITY ACT OF 1947.—
Section 3(4)(E) of the National Security
Act of 1947 (50 U.S.C. 401a(4)(E).
188
(2) ETHICS
IN
GOVERNMENT
ACT
OF
1978.—Section 105(a) of the Ethics in Gov-
ernment Act of 1978 (Public Law 95–521;
5 U.S.C. App. 4).
(3) EMPLOYEE POLYGRAPH PROTECTION
ACT.—Section 7(b)(2)(A)(i) of the Em-
ployee Polygraph Protection Act of 1988
(Public 
Law 
100–347; 
U.S.C.
2006(b)(2)(A)(i)).
(c) CROSS REFERENCE.—Section 82 of title
14, United States Code, is amended by strik-
ing out ‘‘chapter 167’’ and inserting in lieu
thereof ‘‘subchapter II of chapter 22’’.
SEC. 443. HEADINGS AND CLERICAL AMENDMENTS.
(a) TITLE 10, UNITED STATES CODE.—
(1) The table of chapters at the begin-
ning of subtitle A of title 10, United
States Code, is amended—
(A) by striking out the item relat-
ing to chapter 22 and inserting in lieu
thereof the following:
‘‘22. National Imagery and Mapping Agency ........................
441
‘‘23. Miscellaneous Studies and Reports ................................
471’’;
and
(B) by striking out the item relat-
ing to chapter 167.
189
(2) The table of chapters at the begin-
ning of part I of such subtitle is amended
by striking out the item relating to chap-
ter 22 and inserting in lieu thereof the
following:
‘‘22. National Imagery and Mapping Agency ........................
441
‘‘23. Miscellaneous Studies and Reports ................................
471’’;
(3) The table of chapters at the begin-
ning of part IV of such subtitle is amend-
ed by striking out the item relating to
chapter 167.
(4) The items in the table of sections
at the beginning of chapter 23 of title 10,
United States Code (as redesignated by
section 432(a)(1)), are revised so as to re-
flect the redesignations made by section
441(a).
(b) TITLE 44, UNITED STATES CODE.—
(1) The heading of section 1336 of
title 44, United States Code, is amended
to read as follows:
‘‘§ 1336. National Imagery and Mapping Agency: spe-
cial publications’’.
(2) The item relating to that section
in the tables of sections at the beginning
190
of chapter 13 of such title is amended to
read as follows:
‘‘1336. National Imagery and Mapping Agency: special publica-
tions.’’.
SEC. 444. EFFECTIVE DATE.
This subtitle and the amendments made
by this subtitle shall take effect on the later
of October 1, 1996, or the date of the enact-
ment of an Act, whichever is later.
Subtitle D—Civilian Intelligence
Personnel Policy
SEC. 481. MANAGEMENT OF CIVILIAN INTELLIGENCE PER-
SONNEL.
(a) CONSOLIDATION
AND STANDARDIZATION
OF CIVILIAN PERSONNEL POLICY.—Chapter 83 of
title 10, United States Code, is amended—
(1) by redesignating section 1602 as
section 1621 and transferring that section
so as to appear after section 1605;
(2) by redesignating sections 1606 and
1608 as section 1622 and 1623, respec-
tively; and
(3) by striking out the chapter head-
ing, the table of sections, and sections
1601, 1603, and 1604 and inserting in lieu
thereof the following:
191
‘‘CHAPTER 83—CIVILIAN DEFENSE
INTELLIGENCE EMPLOYEES
‘‘Subchapter
Sec.
‘‘I. Defense-Wide Intelligence Personnel Policy ...................
1601
‘‘II. Defense Intelligence Agency Personnel ..........................
1621
‘‘SUBCHAPTER I—DEFENSE-WIDE
INTELLIGENCE PERSONNEL POLICY
‘‘Sec.
‘‘1601. Civilian intelligence personnel: general authority to es-
tablish excepted positions, appoint personnel, and
fix rates of pay.
‘‘1602. Basic pay.
‘‘1603. Additional compensation, incentives, and allowances.
‘‘1605. Benefits for certain employees assigned outside the Unit-
ed States.
‘‘1606. Defense Intelligence Senior Executive Service.
‘‘1607. Intelligence Senior Level positions.
‘‘1608. Time-limited appointments.
‘‘1609. Termination of defense intelligence employees.
‘‘1610. Reductions and other adjustments in force.
‘‘1611. Postemployment assistance: certain terminated intel-
ligence employees.
‘‘1612. Merit system principles and civil service protections: ap-
plicability.
‘‘1613. Miscellaneous provisions.
‘‘1614. Definitions.
‘‘§ 1601. Civilian intelligence personnel: general au-
thority to establish excepted positions,
appoint personnel, and fix rates of pay
‘‘(a) GENERAL AUTHORITY.—The Secretary
of Defense may—
‘‘(1) establish, as positions in the ex-
cepted service, such defense intelligence
positions in the intelligence components
of the Department of Defense and the
military departments as the Secretary de-
192
termines necessary to carry out the intel-
ligence functions of those components
and departments, including—
‘‘(A) Intelligence Senior Level po-
sitions designated under section 1607
of this title; and
‘‘(B) positions in the Defense In-
telligence Senior Executive Service;
‘‘(2) appoint individuals to those posi-
tions (after taking into consideration the
availability of preference eligibles for ap-
pointment to those positions); and
‘‘(3) fix the compensation of such indi-
viduals for service in those positions.
‘‘(b) CONSTRUCTION WITH OTHER LAWS.—
The authority of the Secretary of Defense
under subsection (a) applies without regard
to the provisions of any other law relating to
the appointment, number, classification, or
compensation of employees.
‘‘§ 1602. Basic pay
‘‘(a) AUTHORITY TO FIX RATES
OF BASIC
PAY.—The Secretary of Defense (subject to the
provisions of this section) shall fix the rates
of basic pay for positions established under
193
section 1601 of this title in relation to the
rates of basic pay provided in subpart D of
part III of title 5 for positions subject to that
subpart which have corresponding levels of
duties and responsibilities.
‘‘(b) MAXIMUM RATES.—A rate of basic pay
fixed under subsection (a) for a position es-
tablished under section 1601 of this title may
not (except as otherwise provided by law) ex-
ceed—
‘‘(1) in the case of a Defense Intel-
ligence Senior Executive Service posi-
tion, the maximum rate provided in
section 5382 of title 5;
‘‘(2) in the case of an Intelligence Sen-
ior Level position, the maximum rate pro-
vided in section 5382 of title 5; and
‘‘(3) in the case of any other position,
the maximum rate provided in section
5306(e) of title 5.
‘‘(c) PREVAILING RATE SYSTEMS.—The Sec-
retary of Defense may, consistent with section
5341 of title 5, adopt such provisions of that
title as provide for prevailing rate systems of
basic pay and may apply those provisions to
194
positions for civilian employees in or under
which the Department of Defense may employ
individuals described by section 5342(a)(2)(A)
of that title.
‘‘§ 1603. Additional compensation, incentives, and al-
lowances
‘‘(a) ADDITIONAL COMPENSATION BASED ON
TITLE 5 AUTHORITIES.—The Secretary of De-
fense may provide employees in defense intel-
ligence positions compensation (in addition to
basic pay), including benefits, incentives, and
allowances, consistent with, and not in excess
of the level authorized for, comparable posi-
tions authorized by title 5.
‘‘(b) ALLOWANCES BASED ON LIVING COSTS
AND ENVIRONMENT.—(1) In addition to basic
pay, employees in defense intelligence posi-
tions who are citizens or nationals of the
United States and are stationed outside the
continental United States or in Alaska may be
paid an allowance, in accordance with regula-
tions prescribed by the Secretary of Defense,
while they are so stationed.
‘‘(2) An allowance under this subsection
shall be based on—
195
‘‘(A) living costs substantially higher
than in the District of Columbia;
‘‘(B) conditions of environment which
(i) differ substantially from conditions of
environment in the continental United
States, and (ii) warrant an allowance as a
recruitment incentive; or
‘‘(C) both of the factors specified in
subparagraphs (A) and (B).
‘‘(3) An allowance under this subsection
may not exceed the allowance authorized to
be paid by section 5941(a) of title 5 for em-
ployees whose rates of basic pay are fixed by
statute.’’.
(b) MATTERS OTHER THAN PAY AND BENE-
FITS.—Such chapter is further amended by in-
serting after section 1605 the following new
sections:
‘‘§ 1606. Defense Intelligence Senior Executive Serv-
ice
‘‘(a) ESTABLISHMENT.—The Secretary of De-
fense may establish a Defense Intelligence
Senior Executive Service for defense intel-
ligence positions established pursuant to sec-
tion 1601(a) of this title that are equivalent to
196
Senior Executive Service positions. The num-
ber of positions in the Defense Intelligence
Senior Executive Service may not exceed the
number of Defense Intelligence Senior Execu-
tive Service positions established as of Janu-
ary 1, 1996.
‘‘(b) REGULATIONS CONSISTENT WITH TITLE
5 PROVISIONS.—The Secretary of Defense shall
prescribe regulations for the Defense Intel-
ligence Senior Executive Service which are
consistent with the requirements set forth in
sections 3131, 3132(a)(2), 3393a, 3396(c), 3592,
3595(a), 5384, and 6304 of title 5, subsections
(a), (b), and (c) of section 7543 of such title (ex-
cept that any hearing or appeal to which a
member of the Defense Intelligence Senior
Executive Service is entitled shall be held or
decided pursuant to those regulations), and
subchapter II of chapter 43 of such title. To
the extent that the Secretary determines it
practicable to apply to members of, or appli-
cants for, the Defense Intelligence Senior Ex-
ecutive Service other provisions of title 5 that
apply to members of, or applicants for, the
Senior Executive Service, the Secretary shall
197
also prescribe regulations to implement those
provisions with respect to the Defense Intel-
ligence Senior Executive Service.
‘‘(c) AWARD OF RANK TO MEMBERS OF THE
DEFENSE
INTELLIGENCE
SENIOR
EXECUTIVE
SERVICE.—The President, based on the rec-
ommendations of the Secretary of Defense,
may award a rank referred to in section 4507
of title 5 to members of the Defense Intel-
ligence Senior Executive Service. The award
of such rank shall be made in a manner con-
sistent with the provisions of that section.
‘‘§ 1607. Intelligence Senior Level positions
‘‘(a) DESIGNATION OF POSITIONS.—The Sec-
retary of Defense may designate as an Intel-
ligence Senior Level position any defense in-
telligence position that, as determined by the
Secretary—
‘‘(1) is classifiable above grade GS–15
of the General Schedule;
‘‘(2) does not satisfy functional or pro-
gram management criteria for being des-
ignated a Defense Intelligence Senior Ex-
ecutive Service position; and
198
‘‘(3) has no more than minimal super-
visory responsibilities.
‘‘(b) REGULATIONS.—Subsection (a) shall be
carried out in accordance with regulations
prescribed by the Secretary of Defense.
‘‘§ 1608. Time-limited appointments
‘‘(a) AUTHORITY FOR TIME-LIMITED APPOINT-
MENTS.—The Secretary of Defense may by reg-
ulation authorize appointing officials to make
time-limited appointments to defense intel-
ligence positions specified in the regulations.
‘‘(b) REVIEW OF USE OF AUTHORITY.—The
Secretary of Defense shall review each time-
limited appointment in a defense intelligence
position at the end of the first year of the pe-
riod of the appointment and determine
whether the appointment should be contin-
ued for the remainder of the period. The con-
tinuation of a time-limited appointment after
the first year shall be subject to the approval
of the Secretary.
‘‘(c) CONDITION
ON PERMANENT APPOINT-
MENT TO DEFENSE INTELLIGENCE SENIOR EXECU-
TIVE SERVICE.—An employee serving in a de-
fense intelligence position pursuant to a time-
199
limited appointment is not eligible for a per-
manent appointment to a Defense Intelligence
Senior Executive Service position (including
a position in which the employee is serving)
unless the employee is selected for the perma-
nent appointment on a competitive basis.
‘‘(d) 
TIME-LIMITED
APPOINTMENT
DE-
FINED.—In this section, the term ‘time-limited
appointment’ means an appointment (subject
to the condition in subsection (b)) for a period
not to exceed two years.
‘‘§ 1609. Termination of defense intelligence employ-
ees
‘‘(a) TERMINATION
AUTHORITY.—Notwith-
standing any other provision of law, the Sec-
retary of Defense may terminate the employ-
ment of any employee in a defense intel-
ligence position if the Secretary—
‘‘(1) considers that action to be in the
interests of the United States; and
‘‘(2) determines that the procedures
prescribed in other provisions of law that
authorize the termination of the employ-
ment of such employee cannot be invoked
200
in a manner consistent with the national
security.
‘‘(b) FINALITY.—A decision by the Sec-
retary of Defense to terminate the employ-
ment of an employee under this section is
final and may not be appealed or reviewed
outside the Department of Defense.
‘‘(c) NOTIFICATION TO CONGRESSIONAL COM-
MITTEES.—Whenever the Secretary of Defense
terminates the employment of an employee
under the authority of this section, the Sec-
retary shall promptly notify the congressional
oversight committees of such termination.
‘‘(d) PRESERVATION
OF
RIGHT
TO
SEEK
OTHER EMPLOYMENT.—Any termination of em-
ployment under this section does not affect
the right of the employee involved to seek or
accept employment with any other depart-
ment or agency of the United States if that
employee is declared eligible for such employ-
ment by the Director of the Office of Person-
nel Management.
‘‘(e) LIMITATION ON DELEGATION.—The au-
thority of the Secretary of Defense under this
section may be delegated only to the Deputy
201
Secretary of Defense, the head of an intel-
ligence component of the Department of De-
fense (with respect to employees of that com-
ponent), or the Secretary of a military depart-
ment (with respect to employees of that de-
partment). An action to terminate employ-
ment of such an employee by any such official
may be appealed to the Secretary of Defense.
‘‘§ 1610. Reductions and other adjustments in force
‘‘(a) IN GENERAL.—The Secretary of De-
fense shall prescribe regulations for the sepa-
ration of employees in defense intelligence
positions, including members of the Defense
Intelligence Senior Executive Service and em-
ployees in Intelligence Senior Level positions,
during a reduction in force or other adjust-
ment in force. The regulations shall apply to
such a reduction in force or other adjustment
in force notwithstanding sections 3501(b) and
3502 of title 5.
‘‘(b) MATTERS TO BE GIVEN EFFECT.—The
regulations shall give effect to the following:
‘‘(1) Tenure of employment.
‘‘(2) Military preference, subject to
sections 3501(a)(3) and 3502(b) of title 5.
202
‘‘(3) The veteran’s preference under
section 3502(b) of title 5.
‘‘(4) Performance.
‘‘(5) Length of service computed in ac-
cordance with the second sentence of sec-
tion 3502(a) of title 5.
‘‘(c) REGULATIONS RELATING TO DEFENSE IN-
TELLIGENCE SES.—The regulations relating to
removal from the Defense Intelligence Senior
Executive Service in a reduction in force or
other adjustment in force shall be consistent
with section 3595(a) of title 5.
‘‘(d) RIGHT OF APPEAL.—(1) The regulations
shall provide a right of appeal regarding a
personnel action under the regulations. The
appeal shall be determined within the Depart-
ment of Defense. An appeal determined at the
highest level provided in the regulations shall
be final and not subject to review outside the
Department of Defense. A personnel action
covered by the regulations is not subject to
any other provision of law that provides ap-
pellate rights or procedures.
‘‘(2) Notwithstanding paragraph (1), a
preference eligible referred to in section
203
7511(a)(1)(B) of title 5 may elect to have an ap-
peal of a personnel action taken against the
preference eligible under the regulation de-
termined by the Merit Systems Protection
Board instead of having the appeal deter-
mined within the Department of Defense. Sec-
tion 7701 of title 5 shall apply to any such ap-
peal to the Merit Systems Protection Board.
‘‘(e) CONSULTATION WITH OPM.—Regula-
tions under this section shall be prescribed in
consultation with the Director of the Office of
Personnel Management.’’.
(c) TRANSFER OF SECTION 1599.—Subtitle A
of title 10, United States Code, is amended by
transferring section 1599 to chapter 83 of such
title, inserting such section after section 1610
(as added by subsection (b)), redesignating
such section as section 1611, and in sub-
section (f) striking out ‘‘means’’ and all that
follows and inserting in lieu thereof ‘‘includes
the National Reconnaissance Office and any
intelligence component of a military depart-
ment.’’.
(d) ADDITIONAL PROVISIONS.—Such chapter
is further amended by inserting after section
204
1611 (as so transferred and redesignated) the
following new sections:
‘‘§ 1612. Merit system principles and civil service pro-
tections: applicability
‘‘(a) APPLICABILITY OF MERIT SYSTEM PRIN-
CIPLES.—Section 2301 of title 5 shall apply to
the exercise of authority under this sub-
chapter (other than sections 1605 and 1611).
‘‘(b) CIVIL SERVICE PROTECTIONS.—(1) If, in
the case of a position established under au-
thority other than section 1601(a)(1) of this
title that is reestablished as an excepted serv-
ice position under that section, the provisions
of law referred to in paragraph (2) applied to
the person serving in that position imme-
diately before the position is so reestablished
and such provisions of law would not other-
wise apply to the person while serving in the
position as so reestablished, then such provi-
sions of law shall continue to apply to the per-
son with respect to service in that position for
as long as the person continues to serve in the
position without a break in service.
205
‘‘(2) The provisions of law referred to in
paragraph (1) are the following provisions of
title 5:
‘‘(A) Section 2302, relating to prohib-
ited personnel practices.
‘‘(B) Chapter 75, relating to adverse
actions, unless, in the case of any individ-
ual employee, that employee elects to
have an appeal determined within the
Department of Defense.
‘‘§ 1613. Miscellaneous provisions
‘‘(a) 
COLLECTIVE
BARGAINING
AGREE-
MENTS.—Nothing in sections 1601 through
1604 and 1606 through 1610 may be construed
to impair the continued effectiveness of a col-
lective bargaining agreement with respect to
an agency or office that is a successor to an
agency or office covered by the agreement be-
fore the succession.
‘‘(b) NOTICE
TO
CONGRESS
OF
REGULA-
TIONS.—The Secretary of Defense shall notify
Congress of any regulations prescribed to
carry out this subchapter (other than sections
1605 and 1611). Such notice shall be provided
by submitting a copy of the regulations to the
206
congressional oversight committees not less
than 60 days before such regulations take ef-
fect.
‘‘§ 1614. Definitions
‘‘In this subchapter:
‘‘(1) The term ‘defense intelligence po-
sition’ means a civilian position as an in-
telligence officer or intelligence employee
of an intelligence component of the De-
partment of Defense or of a military de-
partment.
‘‘(2) The term ‘intelligence component
of the Department of Defense’ means any
of the following:
‘‘(A) The National Security Agen-
cy.
‘‘(B) 
The 
Defense 
Intelligence
Agency.
‘‘(C) The National Imagery and
Mapping Agency.
‘‘(D) Any other component of the
Department of Defense that performs
intelligence functions and is des-
ignated by the Secretary of Defense
207
as an intelligence component of the
Department of Defense.
‘‘(E) Any successor to a compo-
nent specified in, or designated pur-
suant to, this paragraph.
‘‘(3) The term ‘congressional oversight
committees’ means—
‘‘(A) the Committee on Armed
Services and the Select Committee on
Intelligence of the Senate; and
‘‘(B) the Committee on National
Security and the Permanent Select
Committee on Intelligence of the
House of Representatives.
‘‘(4) The term ‘excepted service’ has
the meaning given such term in section
2103 of title 5.
‘‘(5) The term ‘preference eligible’ has
the meaning given such term in section
2108(3) of title 5.
‘‘(6) The term ‘Senior Executive Serv-
ice position’ has the meaning given such
term in section 3132(a)(2) of title 5.
208
‘‘(7) The term ‘collective bargaining
agreement’ has the meaning given such
term in section 7103(8) of title 5.’’.
(e) DESIGNATION OF NEW SUBCHAPTER II.—
Chapter 83 of such title is further amended by
inserting after section 1614 (as added by sub-
section (d)) the following:
‘‘SUBCHAPTER II—DEFENSE
INTELLIGENCE AGENCY PERSONNEL
‘‘Sec.
‘‘1621. Defense Intelligence Agency merit pay system.
‘‘1622. Uniform allowance: civilian employees.
‘‘1623. Financial assistance to certain employees in acquisition
of critical skills.’’.
SEC. 482. REPEAL OF SUPERSEDED SECTIONS AND CLERI-
CAL AND CONFORMING AMENDMENTS.
(a) REPEAL OF SEPARATE MILITARY DEPART-
MENT AUTHORITIES.—Section 1590 of title 10,
United States Code, is repealed. 
(b) REPEAL OF SEPARATE NATIONAL SECU-
RITY AGENCY AUTHORITIES.—The following pro-
visions of law are repealed:
(1) Sections 2 and 4 of the National
Security Agency Act of 1959 (50 U.S.C. 402
note).
(2) Section 303 of the Internal Secu-
rity Act of 1950 (50 U.S.C. 833).
209
(c) CLERICAL AMENDMENTS.—Title 10, Unit-
ed States Code, is amended as follows:
(1) The heading for section 1605 is
amended to read as follows:
‘‘§ 1605. Benefits for certain employees assigned out-
side the United States’’.
(2) The table of sections at the begin-
ning of chapter 81 is amended by striking
out the items relating to sections 1590
and 1599.
(3) The tables of chapters at the be-
ginning of subtitle A, and at the begin-
ning of part II of subtitle A, are amended
by striking out the item relating to chap-
ter 83 and inserting in lieu thereof the
following:
‘‘83. Civilian Defense Intelligence Employees ...................... 1601’’.
(d) 
CONFORMING
AMENDMENT.—Section
1621 of such title, as transferred and redesig-
nated by section 481(a)(1), is amended by
striking out ‘‘and Central Imagery Office’’.
(e) 
CROSS
REFERENCE
AMENDMENTS.—
Chapter 81 of title 10, United States Code, is
amended as follows:
210
(1) Section 1593(a)(3) is amended by
striking out ‘‘section 1606’’ and inserting
in lieu thereof ‘‘section 1622’’.
(2) Section 1596(c) is amended by
striking out ‘‘section 1604(b)’’ and insert-
ing in lieu thereof ‘‘section 1602’’.
SEC. 483. OTHER PERSONNEL MANAGEMENT AUTHORITIES.
(a) APPLICABILITY OF FEDERAL LABOR-MAN-
AGEMENT
RELATIONS
SYSTEM.—Section
7103(a)(3) of title 5, United States Code is
amended—
(1) by inserting ‘‘or’’ at the end of sub-
paragraph (F);
(2) by striking out ‘‘; or’’ at the end of
subparagraph (G) and inserting in lieu
thereof a period; and
(3) by striking out subparagraph (H).
(b) APPLICABILITY OF AUTHORITY AND PRO-
CEDURES FOR IMPOSING CERTAIN ADVERSE AC-
TIONS.—Section 7511(b)(8) of such title is
amended by striking out ‘‘the National Secu-
rity Agency’’ and all that follows through
‘‘title 10’’ and inserting in lieu thereof ‘‘an in-
telligence component of the Department of
Defense (as defined in section 1614 of title 10),
211
or an intelligence activity of a military de-
partment covered under subchapter I of chap-
ter 83 of title 10’’.
TITLE V—NATIONAL SECURITY
COUNCIL 
AND 
RELATED
BOARDS AND COMMITTEES
SEC. 501. 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 Execu-
tive Office of the President the National Secu-
rity Council. The Council is composed of the
following:
‘‘(1) The President.
‘‘(2) The Vice President.
‘‘(3) The Secretary of State.
212
‘‘(4) The Secretary of Defense.
‘‘(b) ADDITIONAL PARTICIPANTS.—Subject to
the direction of the President, the following
officers may attend and participate in meet-
ings of the National Security Council:
‘‘(1) 
DIRECTOR
OF
CENTRAL
INTEL-
LIGENCE.—The Director of Central Intel-
ligence (or, in the Director’s absence, a
Deputy Director of Central Intelligence),
in the performance of the Director’s du-
ties under this Act and the Intelligence
Community Act.
‘‘(2) CHAIRMAN OF THE JOINT CHIEFS OF
STAFF.—The Chairman (or, in the Chair-
man’s absence, 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 CON-
TROL
POLICY.—The Director of National
Drug Control Policy, in the Director’s
role as principal adviser to the National
Security Council on national drug control
policy, but only through the date speci-
fied in section 1009 of the National Nar-
213
cotics Leadership Act of 1988 (21 U.S.C.
1506).
‘‘(4) OTHERS DESIGNATED BY THE PRESI-
DENT.—Such additional officers as may be
designated by the President.
‘‘(c) 
FUNCTIONS.—The 
function 
of 
the
Council shall be to advise the President with
respect to the integration of domestic, for-
eign, and military policies relating to the na-
tional security so as to enable the military
services and the other departments and agen-
cies of the Government to cooperate more ef-
fectively in matters involving the national se-
curity. In addition to performing such other
functions as the President may direct, the
Council (subject to the direction of the Presi-
dent) 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 objec-
tives, commitments, and risks of the Unit-
ed States in relation to our actual and po-
tential military power, in the interest of
national security, for the purpose of mak-
214
ing recommendations to the President in
connection therewith; and
‘‘(2) consider policies on matters of
common interest to the departments and
agencies of the Government concerned
with the national security and make rec-
ommendations to the President in con-
nection therewith.
‘‘(d) RECOMMENDATIONS
AND
REPORTS.—
The Council shall, from time to time, make
such recommendations and such other re-
ports to the President as it considers appro-
priate 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 appointed 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 personnel as may be necessary to per-
form such duties as may be prescribed by the
Council in connection with the performance
of its functions.
Amend the title so as to read: ‘‘A bill to provide for
improved management and operation of intelligence ac-
tivities of the Government by providing for a more cor-
215
porate approach to intelligence so as to provide an im-
proved Intelligence Community for the 21st century, and
for other purposes.’’.