Intelligence Authorization Act for Fiscal Year 1997
PL 104-293 (H.R.3259), enacted 10/11/1996

PUBLIC LAW 104-293—OCT. 11, 1996 
110 STAT. 3461 
Public Law 104-293 
104th Congress 
An Act 
To authorize appropriations for fiscal year 1997 for intelligence and intelligence-
related activities of the United States Grovemment, the Community Msmagement 
Oct. 11, 1996 
Account, and the Central Intelligence Agency Retirement and Disability System, 
[H.R. 3259] 
and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
Intelligence 
Authorization 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
Act for Fiscal 
(a) SHORT TITLE.—This Act may be cited as the "Intelligence ^®"' ^^'^• 
Authorization Act for Fiscal Year 1997", 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—INTELLIGENCE ACTIVITIES 
Sec. 101. Authorization of appropriations. 
Sec. 102. Classified schedule of authorizations. 
Sec. 103. Personnel ceiling adjustments. 
Sec. 104. Community Management Account. 
TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 
DISABILITY SYSTEM 
Sec. 201. Authorization of appropriations. 
TITLE III—GENERAL PROVISIONS 
Sec. 301. Increase in employee compensation and benefits authorized by law. 
Sec. 302. Restriction on conduct of mtelligence activities. 
Sec. 303. Limitation on avsulability of funds for automatic declassification of 
records over 25 years old. 
Sec. 304. Application of sanctions laws to intelligence activities. 
Sec. 305. Expedited naturalization. 
Sec. 306. Sense of Congress on enforcement of requirement to protect the identities 
of undercover intelUgence officers, agents, informants, and sources. 
Sec. 307. Sense of Congress on mtelligence community contracting. 
Sec. 308. Restrictions on intelligence sharing with the United Nations. 
Sec. 309. Prohibition on usin^ journalists as agents or assets. 
Sec. 310. Report on policy of intelligence community regarding the protection of the 
national mformation infrastructure against attack. 
TITLE IV—CENTRAL INTELLIGENCE AGENCY 
Sec. 401. Elimination of double surcharge on Central Intelligence Agency relating 
to employees who retire or resign in fiscal years 1998 or 1999 and who 
receive voluntary separation incentive payments. 
Sec. 402. Post-employment restrictions. 
TITLE V—DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES 
Sec. 501. Executive branch oversight of budgets of elements of the intelligence 
community. 
TITLE VI—FEDERAL BUREAU OF INVESTIGATION 
Sec. 601. Access to telephone records. 
110 STAT. 3462 
PUBLIC LAW 104-293—OCT. 11, 1996 
TITLE VII—COMBATTING PROLIFERATION 
Sec. 701. Short title. 
Subtitle A—Assessment of Organization and Structure of Government for 
Combatting Proliferation 
Sec. 711. Establishment of commission. 
Sec. 712. Duties of commission. 
Sec. 713. Powers of commission. 
Sec. 714. Commission personnel matters. 
Sec. 715. Termination of commission. 
Sec. 716. Definition. 
Sec. 717. Payment of commission expenses. 
Subtitle B—Other Matters 
Sec. 721. Reports on acquisition of technology relating to weapons of mass 
destruction ana advanced conventional munitions. 
TITLE VIII—RENEWAL AND REFORM OF INTELLIGENCE ACTIVITIES 
Sec. 801. Short title. 
Sec. 802. Committee on Foreign Intelligence. 
Sec. 803. Annual reports on intelligence. 
Sec. 804. Transnational threats. 
Sec. 805. Overall management of central intelligence. 
Sec. 806. National Intelligence Council. 
Sec. 807. Enhancement of authority of Director of Central Intelligence to manage 
budget, personnel, and activities of intelligence coinmunity. 
Sec. 808. Responsibilities of Secretary of Defense pertaining to the National 
Foreign Intelligence Program. 
Sec. 809. Improvement of intelligence collection. 
Sec. 810. Improvement of analysis and production of intelligence. 
Sec. 811. Improvement of administration of intelligence activities. 
Sec. 812. Pay level of Deputy Director of Central Intelligence for Community Man-
agement and Assistant Directors of Central Intelligence. 
Sec. 813. General Counsel of the Central Intelligence Agency. 
Sec. 814. Assistance for law enforcement agencies by intelligence community. 
Sec. 815. Appointment of officials responsible for intelligence-related activities. 
Sec. 816. Study on the future of intelligence collection. 
Sec. 817. Intelligence Reserve Corps. 
TITLE K—FINANCIAL MATTERS 
Sec. 901. Authorization of funding provided by 1996 supplemental appropriations 
Act. 
TITLE I—INTELLIGENCE ACTIVITIES 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fiscal year 
1997 for the conduct of the intelhgence £ind inteUigence-related 
activities of the following elements of the United States Govern-
ment: 
(1) The Central Intelligence Agency. 
(2) The Department of Defense. 
(3) The Defense Intelligence Agency. 
(4) The National Security Agency. 
(5) The Department of the Army, the Department of the 
Navy, and the Department of the Air Force. 
(6) The Department of State. 
(7) The Department of Treasury. 
(8) The Department of Energy. 
(9) The Federal Bureau of Investigation. 
(10) The Drug Enforcement Administration. 
(11) The National Reconnaissance Office. 
(12) The National Imagery and Mapping Agency. 
PUBLIC LAW 104-293—OCT. 11, 1996 
110 STAT. 3463 
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 
(a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL CEILINGS.— 
The amounts authorized to be appropriated under section 101, 
and the authorized personnel ceiUngs as of September 30, 1997, 
for the conduct of the intelhgence and intelhgence-related activities 
of the elements listed in such section, are those specified in the 
classified Schedule of Authorizations prepared to accompany the 
conference report on the bill H.R. 3259 of the One Hundred Fourth 
Congress. 
(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AUTHORIZA-
TIONS.—The Schedule of Authorizations shall be made available 
to the Committees on Appropriations of the Senate and House 
of Representatives £ind to the President. The President shall provide 
for suitable distribution of the Schedule, or of appropriate portions 
of the Schedule, within the executive branch. 
SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 
(a) AUTHORITY FOR ADJUSTMENTS.—With the approval of the 
Director of the Office of Management and Budget, the Director 
of Central Intelligence may authorize employment of civilian 
personnel in excess of the number authorized for fiscal year 1997 
under section 102 when the Director of Central Intelligence deter-
mines that such action is necessary to the performance of important 
intelligence functions, 
except that the number of personnel 
employed in excess of the number authorized under such section 
may not, for any element of the intelligence community, exceed 
two percent of the number of civilian personnel authorized under 
such section for such element. 
(b) NOTICE TO INTELLIGENCE COMMITTEES.—The Director of 
Central Intelligence shall promptly notify the Permanent Select 
Committee on Intelligence of the House of Representatives and 
the Select Committee on Intelligence of the Senate whenever he 
exercises the authority granted by this section. 
SEC. 104. COMMUNITY MANAGEMENT ACCOUNT. 
(a) AUTHORIZATIONS OF APPROPRIATIONS.—There is authorized 
to be appropriated for the Community Management Account of 
the Director of Central Intelligence for fiscal year 1997 the sum 
of $131,116,000. Within such amount, funds identified in the classi-
fied Schedule of Authorizations referred to in section 102(a) for 
the Advanced Research and Development Committee shall remain 
available until September 30,1998. 
(b) AUTHORIZED PERSONNEL LEVELS.—The staff of the Commu-
nity Management Account of the Director of Central Intelligence 
is authorized 303 full-time personnel as of September 30, 1997. 
Such personnel of the Community Management Staff may be perma-
nent employees of the Community Management Staff or personnel 
detailed fi-om other elements of the United States Government. 
(c) REIMBURSEMENT.—During fiscal year 1997, any officer or 
employee of the United States or member of the Armed Forces 
who is detailed to the staff of the Community Management Account 
from another element of the United States Government shall be 
detailed on a reimbursable basis, except that any such officer, 
employee, or member may be detailed on a non-reimbursable basis 
for a period of less than one year for the performance of temporary 
functions as required by the Director of Central Intelligence. 
110 STAT. 3464 
PUBLIC LAW 104-293—OCT. 11, 1996 
21 use 873 note. 
(d) NATIONAL DRUG INTELLIGENCE CENTER.—(1) Of the amount 
authorized to be appropriated in subsection (a), $27,000,000 shall 
be available for the National Drug Intelligence Center located in 
Johnstown, Pennsylvania. 
(2) The Director of Central Intelligence shall transfer to the 
Attorney General funds available for the National Drug Intelligence 
Center under paragraph (1). The Attorney General shall utilize 
funds so transferred for the activities of the Center. 
(3) Amounts available for the Center may not be used in con-
travention of the provisions of section 103(d)(1) of the National 
Security Act of 1947 (50 U.S.C. 403-3(d)(l)). 
(4) Notwithstanding any other provision of law, the Attorney 
General shall retain full authority over the operations of the Center. 
(e) ENVIRONMENTAL PROGRAMS.—Of the amount authorized to 
be appropriated in subsection (a), $18,000,000 shall be available 
for the Environmental Intelligence and Applications Program, 
formerly known as the Environmental Task Force, and remain 
available until September 30, 1998. 
TITLE 
II—CENTRAL 
INTELLIGENCE 
AGENCY 
RETIREMENT 
AND 
DISABILITY SYSTEM 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated for the Central Intel-
ligence Agency Retirement and Disability Fund for fiscal year 1997 
the sum of $184,200,000. 
TITLE III—GENERAL PROVISIONS 
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS 
AUTHORIZED BY LAW. 
Appropriations authorized by this Act for salary, pay, retire-
ment, and other benefits for Federal employees may be increased 
by such additional or supplemental amounts as may be necessary 
for increases in such compensation or benefits authorized by law. 
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES. 
The authorization of appropriations by this Act shall not be 
deemed to constitute authority for the conduct of any intelligence 
activity which is not otherwise authorized by the Constitution or 
the laws of the United States. 
SEC. 303. LIMITATION ON AVAILABILITY OF FUNDS FOR AUTOMATIC 
DECLASSIFICATION OF RECORDS OVER 25 YEARS OLD. 
Of the amounts authorized to be appropriated for fiscal year 
1997 by this Act for the National Foreign Intelligence Program, 
not more than $27,200,000 shall be available to carry out the 
provisions of section 3.4 of Executive Order 12958. 
SEC. 304. APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE 
ACTIVITIES. 
Section 905 of the National Security Act of 1947 (50 U.S.C. 
44 Id) is amended by striking out "on the date which is one year 
PUBLIC LAW 104-293—OCT. 11, 1996 
110 STAT. 3465 
after the date of the enactment of this title" and inserting in 
heu thereof "on January 6, 1998". 
SEC. 305. EXPEDITED NATURALIZATION. 
8 USC 1427 note. 
(a) IN GENERAL.—With the approval of the Director of Central 
Intelligence, the Attorney General, and the Commissioner of 
Immigration and Naturalization, an applicsmt described in sub-
section (b) and otherwise eligible for naturalization may be 
naturalized without regard to the residence and physical presence 
requirements of section 316(a) of the Immigration and Nationality 
Act, or to the prohibitions of section 313 of such Act, and no 
residence within a particular State or district of the Immigration 
and Naturalization Service in the United States shall be required. 
(b) ELIGIBLE APPLICANT.—^An applicant eligible for naturaliza-
tion under this section is the spouse or child of a deceased alien 
whose death resulted from the intentional and unauthorized disclo-
sure of classified information regarding the alien's participation 
in the conduct of United States intelligence activities and who— 
(1) has resided continuously, after being lawfully admitted 
for permanent residence, within the United States for at least 
one year prior to naturalization; £md 
(2) is not described in subparagraph (A), (B), (C), or (D) 
of section 243(h)(2) of such Act. 
(c) ADMINISTRATION OF OATH.—^An applicant for naturalization 
under this section may be administered the oath of allegiance 
under section 337(a) of the Immigration and Nationality Act by 
the Attorney General or any district court of the United States, 
without regard to the residence of the applicant. Proceedings under 
this subsection shall be conducted in a manner consistent with 
the protection of intelligence sources, methods, and activities. 
(d) DEFINITIONS.—For purposes of this section— 
(1) the term "child" means a child as defined in subpara-
graphs (A) through (E) of section 101(b)(1) of the Immigration 
and Nationality Act, without regard to age or marital status; 
£Uld 
(2) the term "spouse" means the wife or husband of a 
deceased alien referred to in subsection (b) who was married 
to such alien during the time the alien participated in the 
conduct of United States intelligence activities. 
SEC. 306. SENSE OF CONGRESS ON ENFORCEMENT OF REQUIREMENT 
TO 
PROTECT 
THE IDENTITIES 
OF 
UNDERCOVER 
INTELLIGENCE OFFICERS, AGENTS, INFORMANTS, AND 
SOURCES. 
It is the sense of Congress that title VI of the National Security 
Act of 1947 (50 U.S.C. 421 et seq.) (relating to protection of the 
identities of undercover intelligence officers, agents, informants, 
and sources) should be enforced by the appropriate law enforcement 
agencies. 
SEC. 307. SENSE OF CONGRESS ON INTELLIGENCE 
COMMUNITY 
CONTRACTING. 
It is the sense of Congress that the Director of Central Intel-
ligence should continue to direct that elements of the intelligence 
community, whenever compatible with the national 
security 
interests of the United States and consistent with the operational 
and security concerns related to the conduct of intelligence activi-
ties, and where fiscally sound, should award contracts in a manner 
110 STAT. 3466 
PUBLIC LAW 104-293—OCT. 11, 1996 
that would maximize the procurement of products properly 
designated as having been made in the United States. 
SEC. 308. RESTRICTIONS ON INTELLIGENCE SHARING WITH THE 
UNITED NATIONS. 
(a) IN GENERAL.—The National Security Act of 1947 (50 U.S.C. 
401 et seq.) is amended by adding at the end of title I the following 
new section: 
"RESTRICTIONS ON INTELLIGENCE SHARING WITH THE UNITED 
NATIONS 
President. 
" S E C . 110. (a) PROVISION OF INTELLIGENCE INFORMATION TO 
50USC404d-l. 
THE UNITED NATIONS.—(1) No United States intelligence informa-
tion may be provided to the United Nations or any organization 
affiliated with the United Nations, or to any officials or employees 
thereof, unless the President certifies to the appropriate committees 
of Congress that the Director of Central Intelligence, in consultation 
with the Secretary of State and the Secretary of Defense, has 
established and implemented procedures, and has worked with 
the United Nations to ensure implementation of procedures, for 
protecting fi-om unauthorized disclosure United States intelligence 
sources and methods connected to such information. 
"(2) Paragraph (1) may be waived upon written certification 
by the President to the appropriate committees of Congress that 
providing such information to the United Nations or an organization 
affiliated with the United Nations, or to any officials or employees 
thereof, is in the national security interests of the United States. 
"(b) PERIODIC AND SPECIAL REPORTS.—(1) The President shall 
report semiannually to the appropriate committees of Congress 
on the types and volume of intelligence provided to the United 
Nations and the purposes for which it was provided during the 
period covered by the report. The President shall also report to 
the appropriate committees of Congress within 15 days after it 
has become known to the United States Government that there 
has been an unauthorized disclosure of intelligence provided by 
the United States to the United Nations. 
"(2) The requirement for periodic reports under the first sen-
tence of paragraph (1) shall not apply to the provision of intelligence 
that is provided only to, and for the use of, appropriately cleared 
United States Government personnel serving with the United 
Nations. 
"(c) DELEGATION OF DUTIES.—The President may not delegate 
or assign the duties of the President luider this section. 
"(d) RELATIONSHIP TO EXISTING LAW.—Nothing in this section 
shall be construed to— 
"(1) impair or otherwise affect the authority of the Director 
of Central Intelligence to protect intelligence sources and 
methods from unauthorized disclosure pursuant to section 
103(c)(6) ofthis Act; or 
"(2) supersede or otherwise affect the provisions of title 
V ofthis Act. 
"(e) DEFINITION.—^As used in this section, the term 'appropriate 
committees of Congress' means the Committee on Foreign Relations 
and the Select Committee on Intelligence of the Senate and the 
Committee on Foreign Relations and the Permanent Select Commit-
tee on Intelligence of the House of Representatives.". 
PUBLIC LAW 104-293—OCT. 11, 1996 
110 STAT. 3467 
(b) CLERICAL AMENDMENT.—The table of contents for the 
National Security Act of 1947 is amended by inserting after the 
item relating to section 109 the following: 
"Sec. 110. Restrictions on intelligence sharing with the United Nations.". 
SEC. 309. PROHIBITION ON USING JOURNALISTS AS AGENTS OR 
50 USC 403-7. 
ASSETS. 
(a) POLICY.—It is the policy of the United States that an 
element of the Intelligence Community may not use as an agent 
or asset for the purposes of collecting intelligence any individual 
who— 
(1) is authorized by contract or by the issuance of press 
credentials to represent himself or herself, either in the United 
States or abroad, as a correspondent of a United States news 
media organization; or 
(2) is officially recognized by a foreign government as a 
representative of a United States media organization. 
(b) WAIVER.—Pursuant to such procedures as the President President, 
may prescribe, the President or the Director of Central Intelligence 
may waive subsection (a) in the case of an individual if the President 
or the Director, as the case may be, makes a written determination 
that the waiver is necessary to address the overriding national 
security interest of the United States. The Permanent Select 
Committee on Intelligence of the House of Representatives and 
the Select Committee on Intelligence of the Senate shall be notified 
of any waiver under this subsection. 
(c) VOLUNTARY COOPERATION.—Subsection (a) shall not be 
construed to prohibit the voluntary cooperation of any person who 
is aware that the cooperation is being provided to an element 
of the United States Intelligence Community. 
SEC. 310. REPORT 
ON POLICY OF INTELLIGENCE 
COMMUNITY 
REGARDING 
THE 
PROTECTION 
OF THE 
NATIONAL 
INFORMATION INFRASTRUCTURE AGAINST ATTACK 
(a) REPORT.—(1) Not later than 120 days after the date of 
the enactment of this Act, the Director of Central Intelligence 
shall submit to Congress a report on the potential responses of 
the intelligence community to threats to and attacks upon the 
information infrastructure of the United States by foreign countries, 
groups, or individuals, or by other entities, groups, or individuals. 
(2) The report shall include the following: 
(A) An analysis of the threats posed to the information 
infrastructure of the United States by information warfare 
and other forms of non-traditional attacks on the infrastructure 
by foreign countries, groups, or individuals, or by other entities, 
groups,' or individuals. 
(B) A description and assessment of the counterintelligence 
' 
activities required to respond to such threats, including the 
plans of the intelligence community to support such activities. 
(b) DEFINITIONS.—For purposes of this section: 
(1) The term "intelligence commiinity has the meaning 
given such term in section 3(4) of the National Security Act 
- 
of 1947 (50 U.S.C. 401a(4)). 
(2) The term "information infrastructure of the United 
States" includes the information infrastructure of the public 
sector and of the private sector. 
110 STAT. 3468 
PUBLIC LAW 104-293—OCT. 11, 1996 
TITLE IV—CENTRAL INTELLIGENCE 
AGENCY 
SEC. 401. ELIMINATION OF DOUBLE SURCHARGE ON CENTRAL 
INTELLIGENCE AGENCY RELATING TO EMPLOYEES WHO 
RETIRE OR RESIGN IN FISCAL YEARS 1998 OR 1999 AND 
WHO RECEIVE VOLUNTARY SEPARATION 
INCENTIVE 
PAYMENTS. 
Section 2(i) of the Central Intelligence Agency Voluntary Sepa-
ration Pay Act (50 U.S.C. 403-4 note) is amended by adding at 
the end the following: "The remittance required by this subsection 
shall be in lieu of any remittance required by section 4(a) of the 
Federal Workforce Restructuring Act of 1994 (5 U.S.C. 8331 note).". 
50 use 403-t 
SEC. 402. POST-EMPLOYMENT RESTRICTIONS. 
Regulations. 
(&) IN GENERAL.—Not later than 90 days after the date of 
enactment of this Act, the Director of Central Intelligence shall 
{}rescribe regulations requiring each employee of the Central Intel-
igence Agency designated by the Director for such purpose to 
sign a written agreement restricting the activities of the employee 
upon ceasing employment with the CentrsJ Intelligence Agency. 
The Director may designate a group or class of employees for 
such purpose. 
(b) AGREEMENT ELEMENTS.—^The regulations shall provide that 
an agreement contain provisions specifying that the employee 
concerned not represent or advise the government, or any political 
party, of any foreign coimtry during the three-year period beginning 
on the cessation of the employee's emplo3nnent with the Central 
Intelligence Agency unless the Director determines that such rep-
resentation or advice would be in the best interests of the United 
States. 
(c) DISCIPLINARY ACTIONS.—The regulations shall specify appro-
priate disciplinary actions (including loss of retirement benefits) 
to be taken against any employee determined by the Director of 
Central Intelligence to have violated the agreement of the employee 
under this section. 
TITLE V—DEPARTMENT OF DEFENSE 
INTELLIGENCE ACTIVITIES 
SEC. 601. EXECUTIVE BRANCH OVERSIGHT OF BUDGETS OF ELEMENTS 
OF THE INTELUGENCE COMMUNITY. 
(a) REPORT.—Not later than 90 days after the date of the 
enactment of this Act, the President shall submit to the appropriate 
congressional committees a report setting forth the actions that 
have been taken to ensure adequate oversight by the executive 
branch of the budget of the National Reconnaissance Office and 
the budgets of other elements of the intelligence community within 
the Department of Defense. 
(b) REPORT ELEMENTS.—^The report required by subsection 
(a) shall— 
(1) describe the extent to which the elements of the intel-
ligence community canying out programs and activities in the 
National 
Foreign 
Intelligence 
Program 
are 
subject 
to 
PUBLIC LAW 104-293—OCT. 11, 1996 
110 STAT. 3469 
requirements imposed on other elements and components of 
the Department of Defense under the Chief Financial Officers 
Act of 1990 (Public Law 101-576), and the amendments made 
by that Act, and the Federal Financial Management Act of 
1994 (title IV of Public Law 103-356), and the amendments 
made by that Act; 
(2) describe the extent to which such elements submit 
to the Office of Management and Budget budget justification 
materials and execution reports similar to the budget justifica-
tion materials and execution reports submitted to the Office 
of Management and Budget by the non-intelligence components 
of the Department of Defense; 
(3) describe the extent to which the National Reconnais-
sance Office submits to the Office of Msinagement and Budget, 
the Community Management Staff, and the Office of the Sec-
retary of Defense— 
(A) complete information 
on the cost, schedule, 
performance, and requirements for any new major acquisi-
tion before initiating the acquisition; 
(B) yearly reports (including baseline cost £ind schedule 
information) on major acquisitions; 
(C) planned and actual expenditures in connection with 
major acquisitions; and 
(D) variances fi*om any cost baselines for major acquisi-
tions (including explanations of such v£iriances); and 
(4) assess the extent to which the National Reconnaissance 
Office has submitted to Office of Management and Budget, 
the Commimity Management Staff", and the Office of the Sec-
retary of Defense on a monthly basis a detailed budget execu-
tion report similar to the budget execution report prepared 
for Department of Defense programs. 
(c) DEFINITIONS.—For purposes of this section: 
(1) The term "appropriate congressional committees" means 
the following: 
(A) The Select Committee on Intelligence and the 
Committee on Armed Services of the Senate. 
(B) The Permanent Select Committee on Intelligence 
and the Committee on National Security of the House 
of Representatives. 
(2) The term "National Foreign IntelUgence Program" has 
the meaning given such term in section 3(6) of the National 
Security Act of 1947 (50 U.S.C. 401a(6)). 
TITLE VI—FEDERAL BUREAU OF 
INVESTIGATION 
SEC. 601. ACCESS TO TELEPHONE RECORDS. 
(a) 
ACCESS FOR COUNTERINTELLIGENCE PURPOSES.—Section 
2709(b)(1) of title 18, United States Code, is amended by inserting 
"local and long distance" before "toll billing records". 
(b) CONFORMING AMENDMENT.—Section 2703(c)(1)(C) of such 
title is amended by inserting "local and long distance" after 
"address,". 
(c) CIVIL REMEDY.—Section 2707 of such title is amended— 
(1) in subsection (a), by striking out "customer" and insert-
ing in lieu thereof "other person"; 
110 STAT. 3470 
PUBLIC LAW 104-293—OCT. 11, 1996 
(2) in subsection (c), by adding at the end the following: 
"If the violation is willful or intentional, the court may assess 
punitive damages. In the case of a successful action to enforce 
liability under this section, the court may assess the costs 
of the action, together with reasonable attorney fees determined 
by the court."; 
(3) by redesignating subsections (d) and (e) as subsections 
(e) and (f), respectively; and 
(4) by inserting after subsection (c) the following new sub-
section (d): 
"(d) DISCIPLINARY ACTIONS FOR VIOLATIONS.—If a court deter-
mines that any agency or department of the United States has 
violated this chapter and the court finds that the circumstances 
surrounding the violation raise the question whether or not an 
officer or employee of the agency or department acted willfully 
or intentionally with respect to the violation, the agency or depart-
ment concerned shall promptly initiate a proceeding to determine 
whether or not disciplinary action is warranted against the officer 
or employee.". 
Combatting 
Proliferation of 
Weapons of Mass 
Destruction Act 
of 1996. 
50 use 2301 
note. 
TITLE VII—COMBATTING 
PROLIFERATION 
SEC. 701. SHORT TITLE. 
This title may be cited as the "Combatting Proliferation of 
Weapons of Mass Destruction Act of 1996". 
50 use 2351 
note. 
Subtitle A—^Assessment of Organization 
and 
Structure 
of 
Government 
for 
Combatting Proliferation 
SEC. 711. ESTABLISHMENT OF COMMISSION. 
(a) ESTABLISHMENT.—There is established a commission to be 
known as the Commission to Assess the Organization of the Federal 
Government to Combat the Proliferation of Weapons of Mass 
Destruction (in this subtitle referred to as the "Commission"). 
(b) MEMBERSHIP.—The Commission shall be composed of eight 
members of whom— 
(1) four shall be appointed by the President; 
(2) one shall be appointed by the Majority Leader of the 
Senate; 
(3) one shall be appointed by the Minority Leader of the 
Senate; 
(4) one shall be appointed by the Speaker of the House 
of Representatives; and 
(5) one shall be appointed by the Minority Leader of the 
House of Representatives. 
(c) QUALIFICATIONS OF MEMBERS.—(1) To the maximum extent 
practicable, the individuals appointed as members of the Commis-
sion shall be individuals who are nationally recognized for expertise 
regarding— 
(A) the nonproliferation of weapons of mass destruction; 
PUBLIC LAW 104-293—OCT. 11, 1996 
110 STAT. 3471 
(B) the efficient and effective implementation of United 
States nonproliferation policy; or 
(C) the implementation, funding, or oversight of the 
national security policies of the United States. 
(2) An official who appoints members of the Commission may 
not appoint an individual as a member if, in the judgment of 
the official, the individual possesses any personal or financial 
interest in the discharge of any of the duties of the Commission. 
(d) PERIOD OF APPOINTMENT; VACANCIES.—Members shall be 
appointed for the life of the Commission. Any vacancy in the 
Commission shall not affect its powers, but shall be filled in the 
same manner as the original appointment. 
(e) INITIAL MEETING.—Not later than 30 days after the date 
on which all members of the Commission have been appointed, 
the Commission shall hold its first meeting. 
(f) QUORUM.—^A majority of the members of the Commission 
shall constitute a quorum, but a lesser number of members may 
hold hearings. 
(g) CHAIRMAN AND VICE CHAIRMAN.—The Commission shall 
select a Chairman and Vice Chairman from among its members, 
(h) MEETINGS.—The Commission shall meet at the call of the 
Chairman. 
SEC. 712. DUTIES OF COMMISSION. 
(a) STUDY.— 
(1) IN GENERAL.—The Commission shall carry out a 
thorough study of the organization of the Federal Government, 
including the elements of the intelligence community, with 
respect to combatting the proliferation of weapons of mass 
destruction. 
(2) SPECIFIC REQUIREMENTS.—In carrying out the study, 
the Commission shall— 
(A) assess the current structure and organization of 
the departments and agencies of the Federal Government 
having responsibilities for combatting the proliferation of 
weapons of mass destruction; and 
(B) 
assess 
the 
effectiveness 
of 
United 
States 
cooperation with foreign governments with respect to non-
proliferation activities, including cooperation— 
(i) between elements of the intelligence community 
and elements of the intelligence-gathering services of 
foreign governments; 
(ii) between other departments and agencies of 
the Federal Government and the counterparts to such 
departments and agencies in foreign governments; and 
(iii) between the Federal Government and inter-
national organizations. 
(3) ASSESSMENTS.—In making the assessments under para-
graph (2), the Commission should address— 
(A) the organization of the export control activities 
(including licensing and enforcement activities) of the Fed-
eral Government relating to the proliferation of weapons 
of mass destruction; 
(B) arrangements for coordinating the funding of 
United States nonproliferation activities; 
(C) existing arrangements governing the flow of 
information 
among departments and agencies of the 
110 STAT. 3472 
PUBLIC LAW 104-293—OCT. 11, 1996 
Federal Government responsible for nonproliferation activi-
ties; 
(D) the effectiveness of the organization and function 
of interagency groups in ensuring implementation of United 
States treaty obligations, laws, and policies with respect 
to nonproliferation; 
(E) the administration of sanctions for purposes of 
nonproliferation, including the measures taken by depart-
ments and agencies of the Federal 
Government to 
implement, assess, and enhance the effectiveness of such 
sanctions; 
(F) the organization, management, and oversight of 
United States counterproliferation activities; 
(G) the recruitment, training, morale, expertise, reten-
tion, and advancement of Federal Government personnel 
responsible for the nonproliferation functions of the Federal 
Government, including any problems in such activities; 
(H) the role in United States nonproliferation activities 
of the National Security Council, the Office of Management 
and Budget, the Office of Science and Technology Policy, 
and other offices in the Executive Office of the President 
having responsibilities for such activities; 
(I) the organization of the activities of the Federal 
Government to verify govemment-to-govemment assur-
ances and commitments with respect to nonproliferation, 
including assurances regarding the future use of commod-
ities exported from the United States; and 
(J) the costs and benefits to the United States of 
increased centralization and of decreased centralization in 
the administration of the nonproliferation activities of the 
Federal Government. 
(b) RECOMMENDATIONS.—In conducting the study, the Commis-
sion shall develop recommendations on means of improving the 
effectiveness of the organization of the departments and agencies 
of the Federal Government in meeting the national security 
interests of the United States with respect to the proliferation 
of weapons of mass destruction. Such recommendations shall 
include specific recommendations to eliminate duplications of effort, 
and other inefficiencies, in and among such departments and 
agencies. 
(c) REPORT.—(1) Not later than 18 months after the date of 
the enactment of this Act, the Commission shall submit to Congress 
a report containing a detailed statement of the findings and conclu-
sions of the Commission, together with its recommendations for 
such legislation and administrative actions as it considers appro-
priate. 
(2) The report shall be submitted in unclassified form, but 
may include a classified annex. 
SEC. 713. POWERS OF COMMISSION. 
(a) HEARINGS.—The Commission may hold such hearings, sit 
and act at such times and places, take such testimony, and receive 
such evidence as the Commission considers advisable to carry out 
the purposes of this subtitle. 
(b) INFORMATION FROM FEDERAL AGENCIES.— 
(1) IN GENERAL.—The Commission may secure directly from 
any Federal department or agency such information as the 
PUBLIC LAW 104-293—OCT. 11, 1996 
110 STAT. 3473 
Commission considers necessary to carry out the provisions 
of this subtitle. Upon request of the Chairman of the Commis-
sion, the head of such department or agency shall furnish 
such information to the Commission. 
(2) CLASSIFIED INFORMATION.—A department or agency 
may furnish the Commission classified information under this 
subsection. The Commission shall take appropriate actions to 
safeguard classified information furnished to the Commission 
under this paragraph. 
(c) POSTAL SERVICES.—The Commission may use the United 
States mails in the same manner and under the same conditions 
as other departments and agencies of the Federal Government. 
(d) GIFTS.—The Commission may accept, use, and dispose of 
gifts or donations of services or property. 
SEC. 714. COMMISSION PERSONNEL MATTERS. 
(a) COMPENSATION OF MEMBERS.—Each member of the Commis-
sion who is not an officer or employee of the Federal Government 
shall be compensated at a rate equal to the daily equivalent of 
the annual rate of basic pay prescribed for level IV of the Executive 
Schedule under section 5315 of title 5, United States Code, for 
each day (including travel time) during which such member is 
engaged in the performance of the duties of the Commission. All 
members of the Commission who are officers or employees of the 
United States shall serve without compensation in addition to that 
received for their services as officers or employees of the United 
States. 
(b) TRAVEL EXPENSES.—The members of the Commission shall 
be allowed travel expenses, including per diem in lieu of subsistence, 
at rates authorized for employees of agencies under subchapter 
I of chapter 57 of title 5, United States Code, while away from 
their homes or regular places of business in the performance of 
services for the Commission. 
(c) STAFF.— 
(1) IN GENERAL.—The Chairman of the Commission may, 
without regard to the civil service laws and regulations, appoint 
and terminate an executive director and such other additional 
personnel as may be necessary to enable the Commission to 
perform its duties. The emplo)nment of an executive director 
shall be subject to confirmation by the Commission. 
(2) COMPENSATION.—The Chairman of the Commission may 
fix the compensation of the executive director and other 
personnel without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of title 5, United States Code, 
relating to classification of positions and General Schedule pay 
rates, except that the rate of pay for the executive director 
and other personnel may not exceed the rate payable for level 
V of the Executive Schedule under section 5316 of such title. 
(d) DETAIL OF GOVERNMENT EMPLOYEES.—Any Federal Govern-
ment employee may be detailed to the Commission without 
reimbursement, and such detail shall be without interruption or 
loss of civil service status or privilege. 
(e) 
PROCUREMENT 
OF 
TEMPORARY 
AND 
INTERMITTENT 
SERVICES.—The Chairman of the Commission may procure tem-
porary and intermittent services under section 3109(b) of title 5, 
United States Code, at rates for individuals which do not exceed 
the daily equivalent of the annual rate of basic pay prescribed 
110 STAT. 3474 
PUBLIC LAW 104-293—OCT. 11, 1996 
for level V of the Executive Schedule under section 5316 of such 
title. 
SEC. 715. TERIVONATION OF COMMISSION. 
The Commission shall terminate 60 days after the date on 
which the Commission submits its report under section 712(c). 
SEC. 716. DEFINITION. 
For purposes of this subtitle, the term "intelligence communit}^" 
shall have the meaning given such term in section 3(4) of the 
National Security Act of 1947 (50 U.S.C. 401a(4)). 
SEC. 717. PAYMENT OF COMMISSION EXPENSES. 
The compensation, travel ejqpenses, per diem allowances of 
members and employees of the Commission, and other expenses 
of the Commission shall be paid out of funds available to the 
Director of Central Intelligence for the pa3nnent of compensation, 
travel allowances, and per diem allowances, respectively, of 
employees of the Central Intelligence Agency. 
Subtitle B—Other Matters 
50 use 2366. 
SEC. 721. REPORTS ON ACQUISITION OF TECHNOLOGY RELATING TO 
WEAPONS OF MASS DESTRUCTION AND ADVANCED 
CONVENTIONAL MUNITIONS. 
(a) REPORTS.—Not later than 6 months after the date of the 
enactment of this Act, and every 6 months thereafter, the Director 
of Central Intelligence shall submit to Congress a report on— 
(1) the acquisition by foreign countries during the preceding 
6 months of dual-use and other technology useful for the devel-
opment or production of weapons of mass destruction (including 
nuclear weapons, chemical weapons, and biological weapons) 
and advanced conventional munitions; and 
(2) trends in the acquisition of such technology by such 
countries. 
(b) FORM OF REPORTS.—The reports submitted under subsection 
(a) shall be submitted in unclassified form, but may include a 
classified annex. 
TITLE VIII—RENEWAL AND REFORM OF 
INTELLIGENCE ACTIVITIES 
Intelligence 
Renewal and 
Reform Act of 
1996. 
50 use 401 note. 
SEC. 801. SHORT TITLE. 
Establishment. 
This title may be cited as the "Intelligence Renewal and Reform 
Act of 1996". 
SEC. 802. COMMITTEE ON FOREIGN INTELLIGENCE. 
Section 101 of the National Security Act of 1947 (50 U.S.C. 
402) is amended— 
(1) by redesignating subsection (h) as subsection (j); and 
(2) by inserting after subsection (g) the following new sub-
section (h): 
"(h)(1) There is established within the National Security 
Council a committee to be known as the Committee on Foreign 
Intelligence (in this subsection referred to as the 'Committee'). 
"(2) The Committee shall be composed of the following: 
PUBLIC LAW 104-293—OCT. 11, 1996 
110 STAT. 3475 
"(A) The Director of Central Intelligence. 
"(B) The Secretary of State. 
"(C) The Secretary of Defense. 
"(D) The Assistant to the President for National Security 
Affairs, who shall serve as the chairperson of the Committee. 
"(E) Such other members as the President may designate. 
"(3) The function of the Committee shall be to assist the Council 
in its activities by— 
"(A) identif3dng the intelligence required to address the 
national security interests of the United States as specified 
by the President; 
"(B) establishing priorities (including funding priorities) 
among the programs, projects, and activities that address such 
interests and requirements; and 
"(C) establishing policies relating to the conduct of intel-
ligence activities of the United States, including appropriate 
roles and missions for the elements of the intelligence commu-
nity and appropriate targets of intelligence collection activities. 
"(4) In carrying out its function, the Committee shall— 
"(A) conduct an annual review of the national security 
interests of the United States; 
"(B) identify on an annual basis, and at such other times 
as the Council may require, the intelligence required to meet 
such interests and establish an order of priority for the collec-
tion and analysis of such intelligence; and 
"(C) conduct an annual review of the elements of the 
intelligence community in order to determine the success of 
such elements in collecting, analyzing, and disseminating the 
intelligence identified under subparagraph (B). 
"(5) The Committee shall submit each year to the Council 
and to the Director of Central Intelligence a comprehensive report 
on its activities during the preceding year, including its activities 
under paragraphs (3) and (4).". 
SEC. 803. ANNUAL REPORTS ON INTELLIGENCE. 
(a) IN GENERAL.—Section 109 of the National Security Act 
of 1947 (50 U.S.C. 404d) is amended by striking out subsections 
(a) and (b) and inserting in lieu thereof the following new sub-
sections: 
"SEC. 109. (a) IN GENERAL.—(1) Not later than January 31 President. 
each year, the President shall submit to the appropriate congres-
sional committees a report on the requirements of the United States 
for intelligence and the activities of the intelligence commimity. 
"(2) The purpose of the report is to facilitate an assessment 
of the activities of the intelligence community during the preceding 
fiscal year and to assist in the development of a mission and 
a budget for the intelligence community for the fiscal year beginning 
in the year in which the report is submitted. 
"(3) The report shall be submitted in unclassified form, but 
may include a classified sinnex. 
"(b) MATTERS COVERED.—(1) Each report under subsection 
(a) shall— 
"(A) specify the intelligence required to meet the national 
security interests of the United States, and set forth an order 
of priority for the collection and smalysis of intelligence required 
to meet such interests, for the fiscal year beginning in the 
year in which the report is submitted; and 
110 STAT. 3476 
PUBLIC LAW 104-293—OCT. 11, 1996 
"(B) evaluate the performance of the intelHgence commu-
nity in collecting and analyzing intelligence required to meet 
such interests during the fiscal year ending in the year 
preceding the year in which the report is submitted, including 
a description of the significant successes and significant failures 
of the intelligence community in such collection and analysis 
during that fiscal year. 
"(2) The report shall specify matters under paragraph (1)(A) 
in sufficient detail to assist Congress in making decisions with 
respect to the allocation of resources for the matters specified. 
"(c) DEFINITION.—In this section, the term 'appropriate congres-
sional committees' means the following: 
"(1) The Select Committee on Intelligence, the Committee 
on Appropriations, and the Committee on Armed Services of 
the Senate. 
"(2) The Permanent Select Committee on Intelligence, the 
Committee on Appropriations, and the Committee on National 
Security of the House of Representatives.", 
(b) CONFORMING AMENDMENTS.—(1) The section heading of such 
section is amended to read as follows: 
"ANNUAL REPORT ON INTELLIGENCE". 
(2) The table of contents for the Act is amended by striking 
out the item relating to section 109 and inserting in lieu thereof 
the following new item: 
"Sec. 109. Annual report on intelligence.". 
SEC. 804. TRANSNATIONAL THREATS. 
Section 101 of the National Security Act of 1947 (50 U.S.C. 
402) is amended by inserting after subsection (h), as amended 
by section 802 of this Act, the following new subsection: 
"(i)(l) There is established within the National Security Council 
a committee to be known as the Committee on Transnational 
Threats (in this subsection referred to as the 'Committee'). 
"(2) The Committee shall include the following members: 
"(A) The Director of Central Intelligence. 
"(B) The Secretary of State. 
"(C) The Secretary of Defense. 
"(D) The Attorney General. 
"(E) The Assistant to the President for National Security 
Affairs, who shall serve as the chairperson of the Committee. 
"(F) Such other members as the President may designate. 
"(3) The function of the Committee shall be to coordinate and 
direct the activities of the United States Government relating to 
combatting transnational threats. 
"(4) In carrying out its function, the Committee shall— 
"(A) identify transnational threats; 
"(B) develop strategies to enable the United States Govern-
ment to respond to transnational threats identified under 
subparagraph (A); 
"(C) monitor implementation of such strategies; 
"(D) make recommendations as to appropriate responses 
to specific transnational threats; 
"(E) assist in the resolution of operational and policy 
differences among Federal departments and agencies in their 
responses to transnational threats; 
PUBLIC LAW 104-293—OCT. 11, 1996 
110 STAT. 3477 
"(F) develop policies and procedures to ensure the effective 
sharing of information about transnational threats among 
Federal departments and agencies, including law enforcement 
agencies and the elements of the intelligence community; and 
"(G) develop guidelines to enhance and improve the 
coordination of activities of Federal law enforcement agencies 
and elements of the intelligence community outside the United 
States with respect to transnational threats. 
"(5) For purposes of this subsection, the term 'transnational 
threat' means the following: 
"(A) Any transnational activity (including international 
terrorism, narcotics trafficking, the proliferation of weapons 
of mass destruction and the delivery systems for such weapons, 
and organized crime) that threatens the national security of 
the United States. 
"(B) Any individual or group that engages in an activity 
referred to in subparagraph (A).". 
SEC. 805. OVERALL MANAGEMENT OF CENTRAL INTELLIGENCE. 
(a) OFFICE OF THE DIRECTOR OF CENTRAL INTELLIGENCE.— 
Title I of the National Security Act of 1947 (50 U.S.C. 402 et 
seq.) is amended by striking out section 102 and inserting in lieu 50USC403. 
thereof the following new section 102: 
"OFFICE OF THE DIRECTOR OF CENTRAL INTELLIGENCE 
"SEC. 102. (a) DIRECTOR OF CENTRAL INTELLIGENCE.—There 
is a Director of Central Intelligence who shall be appointed by 
the President, by and with the advice and consent of the Senate. 
The Director shall— 
"(1) serve as head of the United States intelligence 
community; 
"(2) act as the principal adviser to the President for intel-
ligence matters related to-the national security; and 
"(3) serve as head of the Central Intelligence Agency. 
"(b) DEPUTY DIRECTORS OF CENTRAL INTELLIGENCE.—(1) There 
is a Deputy Director of Central Intelligence who shall be appointed 
by the President, by and with the advice and consent of the Senate. 
"(2) There is a Deputy Director of Central Intelligence for 
Community Management who shall be appointed by the President, 
by and with the advice and consent of the Senate. 
"(3) Each Deputy Director of Central Intelligence shall have 
extensive national security expertise. 
"(c) MILITARY STATUS OF DIRECTOR AND DEPUTY DIRECTORS.— 
(1)(A) Not more than one of the individuals serving in the positions 
specified in subparagraph (B) may be a commissioned officer of 
the Armed Forces, whether in active or retired status. 
"(B) The positions referred to in subparagraph (A) are the 
following: 
"(i) The Director of Central Intelligence. 
"(ii) The Deputy Director of Central Intelligence, 
"(iii) The Deputy Director of Central Intelligence for 
Community Management. 
"(2) It is the sense of Congress that, under ordinary cir-
cumstances, it is desirable that one of the individuals serving in 
the positions specified in paragraph (1)(B)— 
"(A) be a commissioned officer of the Armed Forces, whether 
in active or retired status; or 
110 STAT. 3478 
PUBLIC LAW 104-293—OCT. 11, 1996 
"(B) have, by training or experience, an appreciation of 
military intelligence activities and requirements. 
"(3) A commissioned officer of the Armed Forces, while serving 
in a position specified in paragraph (1)(B)— 
"(A) 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; 
"(B) shall not exercise, by reason of the officer's status 
as a commissioned officer, any supervision or control with 
respect to any of the military or civilian personnel of the 
Department of Defense except as otherwise authorized by law; 
and 
"(C) shall not be counted against the numbers and percent-
ages of commissioned officers of the rank and grade of such 
officer authorized for the military department of that officer. 
"(4) Except as provided in subparagraph (A) or (B) of paragraph 
(3), the appointment of an officer of the Armed Forces to a position 
specified in paragraph (1)(B) shall not affect the status, position, 
rank, or grade of such officer in the Armed Forces, or any 
emolument, perquisite, right, privilege, or benefit incident to or 
arising out of any such status, position, rank, or grade. 
"(5) A commissioned officer of the Armed Forces on active 
duty who is appointed to a position specified in paragraph (1)(B), 
while serving in such position and while remaining on active duty, 
shall continue to receive military pay and allowances and shall 
not receive the pay prescribed for such position. Funds from which 
such pay and allowances are paid shall be reimbursed fi"om funds 
available to the Director of Central Intelligence. 
"(d) DUTIES OF DEPUTY DIRECTORS.—(1)(A) The Deputy Director 
of Central Intelligence shall assist the Director of Central Intel-
ligence in carrying out the Director's responsibilities under this 
Act. 
"(B) The Deputy Director of Central Intelligence shall act for, 
and exercise the powers of, the Director of Central Intelligence 
during the Director's absence or disability or during a vacancy 
in the position of the Director of Central Intelligence. 
"(2) The Deputy Director of Central Intelligence for Community 
Management shall, subject to the direction of the Director of Central 
Intelligence, be responsible for the following: 
"(A) Directing the operations of the Community Manage-
ment Staff. 
"(B) Through the Assistant Director of Central Intelligence 
for Collection, ensuring the efficient and effective collection 
of national intelligence using technical means sind human 
sources. 
"(C) Through the Assistant Director of Central Intelligence 
for Analysis and Production, conducting oversight of the 
analysis and production of intelligence by elements of the intel-
ligence community. 
"(D) Through the Assistant Director of Central Intelligence 
for Administration, performing community-wide msinagement 
functions of the intelligence community, including the manage-
ment of personnel and resources. 
"(3)(A) The Deputy Director of Central Intelligence takes 
precedence in the Office of the Director of Central Intelligence 
immediately after the Director of Central Intelligence. 
PUBLIC LAW 104-293—OCT. 11, 1996 
110 STAT. 3479 
"(B) The Deputy Director of Central Intelligence for Community 
Management tedtes precedence in the OfiEice of the Director of 
Central 
Intelligence 
immediately 
after 
the 
Deputy 
Director 
of Central Intelligence. 
"(e) 
OFFICE OF THE DIRECTOR OF CENTRAL INTELLIGENCE.— 
(1) There is an Office of the Director of Central Intelligence. The 
function of the Office is to assist the Director of Central Intelligence 
in carrying out the duties and responsibilities of the Director under 
this Act and to carry out such other duties as may be prescribed 
by law. 
"(2) The Office of the Director of Central Intelligence is com-
posed of the following: 
"(A) The Director of Central Intelligence. 
"(B) The Deputy Director of Central Intelligence. 
"(C) The Deputy Director of Central Intelligence for 
Community Management. 
"(D) The National Intelligence Council. 
" 
"(E) The Assistant Director of Central Intelligence for 
Collection. 
"(F) The Assistant Director of Central Intelligence for 
Analysis and Production. 
"(G) The Assistant Director of Central Intelligence for 
Administration. 
"(H) Such other offices and officials as may be established 
by law or the Director of Central Intelligence may establish 
or designate in the Office. 
"(3) To assist the Director in fulfilling the responsibilities of 
the Director as head of the intelligence community, the Director 
shall employ and utilize in the Office of the Director of Central 
Intelligence a professional staff having an expertise in matters 
relating to such responsibilities and may establish permanent posi-
tions and appropriate rates of pay with respect to that staff.". 
(b) CENTRAL INTELLIGENCE AGENCY.—Title I of the National 
Security Act of 1947 (50 U.S.C. 402 et seq.) is amended by inserting 
after section 102, as amended by subsection (a), the following new 
section: 
"CENTRAL 
INTELLIGENCE 
AGENCY 
"SEC. 102A. There is a Central Intelligence Agency. The 
50 USC 403-1. 
function of the Agency shall be to assist the Director of Central 
Intelligence in carrying out the responsibilities referred to in para-
graphs (1) through (5) of section 103(d) of this Act.". 
(c) CLERICAL AMENDMENT.—The table of contents for that Act 
is amended by striking out the item relating to section 102 £ind 
inserting in lieu thereof the following new items: 
"Sec. 102. Office of the Director of Central Intelligence. 
"Sec. 102A. Central Intelligence Agency.". 
SEC. 806. NATIONAL INTELLIGENCE COUNCIL. 
Section 103(b) of the National Security Act of 1947 (50 U.S.C. 
403-3(b)) is amended— 
(1) in paragraph (1)(B), by inserting ", or as contractors 
of the Council or employees of such contractors," after "on 
the Council"; 
(2) in paragraph (2)— 
(A) by striking out "and" at the end of sub-
paragraph (A); 
110 STAT. 3480 
PUBLIC LAW 104-293—OCT. 11, 1996 
(B) by redesignating subparagraph (B) as subpara-
graph (C); and 
(C) by inserting after subparagraph (A) the following 
new subparagraph (B): 
"(B) evaluate community-wide collection and production of 
intelHgence by the intelligence community and the require-
ments and resources of such collection and production; and"; 
(3) by redesignating paragraphs (4) and (5) as paragraphs 
(5) and (6), respectively; 
(4) by inserting after paragraph (3) the following new psira-
graph (4): 
"(4) Subject to the direction and control of the Director of 
Central Intelligence, the Council may carry out its responsibilities 
under this subsection by contract, including contracts for sub-
stantive experts necessary to assist the Council with particular 
assessments under this subsection."; and 
(5) in paragraph (5), as so redesignated, by adding at 
the end the following: "The Coiincil shall also be readily acces-
sible to poUcymaking officials and other appropriate individusds 
not otherwise associated with the intelligence community.". 
SEC. 807. ENHANCEMENT OF AUTHORITY OF DIRECTOR OF CENTRAL 
INTELUGENCE TO MANAGE BUDGET, PERSONNEL, AND 
ACTrvrriES OF INTELLIGENCE COMMUNITY. 
(a) IN GENERAL.—Section 103(c) of the National Security Act 
of 1947 (50 U.S.C. 403-3(c)) is amended— 
(1) by striking out paragraph (1) and inserting in Heu 
thereof the following new paragraph (1): 
"(1) facilitate the development of an annual budget for 
intelUgence and intelligence-related activities of the United 
States by— 
"(A) developing and presenting to the President an 
annual budget for the National Foreign Intelligence Pro-
gram; and 
"(B) participating in the development by the Secretary 
of Defense of the annusd budgets for the Joint Military 
Intelligence Program and the Tactical Intelligence and 
Related Activities Program;"; 
(2) by redesignating paragraphs (3) through (6) as para-
graphs (4) through (7), respectively; and 
(3) by inserting after paragraph (2) the following new para-
graph (3): 
"(3) approve collection requirements, determine collection 
priorities, and resolve conflicts in collection priorities levied 
on national collection assets, except as otherwise agreed with 
the Secretary of Defense pursuant to the direction of the 
President;". 
(b) USE OF FUNDS.—Section 104(c) of the National Security 
Act of 1947 (50 U.S.C. 403-4(c)) is amended by adding at the 
end the following: "The Secretary of Defense shall consult with 
the Director of Central Intelligence before reprogramming funds 
made available under the Joint Military Intelligence Program.". 
Guidelines. 
(c) 
PERIODIC REPORTS 
ON 
EXPENDITURES.—^Not later 
t h a n 
50 use 403-3 
January 1, 1997, the Director of Central Intelligence and the Sec-
^°^- 
retary of Defense shall prescribe guidelines to ensure prompt report-
ing to the Director and the Secretary on a periodic basis of budget 
PUBLIC LAW 104-293—OCT. 11, 1996 
110 STAT. 3481 
execution data for all national, defense-wide, and tactical intel-
ligence activities. 
(d) DATABASE PROGRAM TRACKING.—Not later than January 
50 use 403-3 
1, 1999, the Director of Central Intelligence and the Secretary note. 
of Defense shall develop and implement a database to provide 
timely and accurate information on the amounts, purposes, and 
status of the resources, including periodic budget execution updates, 
for all national, defense-wide, and tactical intelligence activities, 
(e) PERSONNEL, TRAINING, AND ADMINISTRATIVE ACTIVITIES.— 
SO use 403-4 
Not later than January 31 of each year through 1999, the Director note. 
of Central Intelligence shall submit to the Select Committee on 
Intelligence of the Senate and the Permanent Select Committee 
on Intelligence of the House of Representatives a report on the 
policies and programs the Director has instituted under subsection 
if) of section 104 of the National Security Act of 1947. 
SEC. 808. RESPONSronJTIES OF SECRETARY OF DEFENSE PERTAINING 
TO THE NATIONAL FOREIGN INTELLIGENCE PROGRAM. 
Section 105 of the National Security Act of 1947 (50 U.S.C. 
403-5) is amended— 
(1) in subsection (a), by inserting ", in consultation with 
the Director of Central Intelligence," after "Secretary of 
Defense" in the matter preceding paragraph (1); £ind 
(2) by adding at the end the following: 
"(d) ANNUAL EVALUATION OF THE DIRECTOR OF CENTRAL INTEL-
LIGENCE.—The Director of Central Intelligence, in consultation with 
the Secretary of Defense and the Chairman of the Joint Chiefs 
of Staff, shall submit each year to the Committee on Foreign Intel-
ligence of the National Security Council and the appropriate 
congressional committees (as defined in section 109(c) of this Act) 
an evaluation of the performance and the responsiveness of the 
National Security Agency, the National Reconnaissance Office, and 
the National Imagery and Mapping Agency in meeting their 
national missions.". 
SEC. 809. IMPROVEMENT OF INTELUGENCE COLLECTION. 
(a) 
ASSISTANT DIRECTOR OF 
CENTRAL INTELLIGENCE FOR 
COLLECTION.—Section 102 of the National Security Act of 1947, 
as amended by section 805(a) of this Act, is further amended by 
adding at the end the following: 
"(f) 
ASSISTANT DIRECTOR OF CENTRAL INTELLIGENCE FOR 
COLLECTION.—(1) To assist the Director of Central Intelligence in 
carrying out the Director's responsibilities under this Act, there 
shall be an Assistant Director of Central Intelligence for Collection 
who shall be appointed by the President, by and with the advice 
and consent of the Senate. 
"(2) The Assistant Director for Collection shall assist the 
Director of Central Intelligence in carrying out the Director's collec-
tion responsibilities in order to ensure the efficient and effective 
collection of national intelligence.". 
(b) 
CONSOLIDATION OF 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 
Secretanr of Defense 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 
Select Committee on Intelligence of the House of Representatives 
a report on the ongoing efforts of those officials to achieve 
110 STAT. 3482 
PUBLIC LAW 104-293—OCT. 11, 1996 
commonality, interoperability, and, where practicable, consolidation 
of the collection of clandestine intelligence from humsm sources 
conducted by the Defense Human Intelligence Service of the Depart-
ment of Defense and the Directorate of Operations of the Central 
Intelligence Agency. 
SEC. 810. IMPROVEMENT 
OF ANALYSIS 
AND PRODUCTION 
OF 
INTELLIGENCE. 
Section 102 of the National Security Act of 1947, as amended 
by section 809(a) of this Act, is further amended by adding at 
the end the following: 
"(g) 
ASSISTANT 
DIRECTOR OF CENTRAL 
INTELLIGENCE FOR 
ANALYSIS AND PRODUCTION.—(1) To assist the Director of Central 
Intelligence in carr5dng out the Director's responsibilities under 
this Act, there shall be an Assistant Director of Central Intelligence 
for Analysis and Production who shall be appointed by the 
President, by and with the advice and consent of the Senate. 
"(2) The Assistant Director for Analysis and Production shall— 
"(A) oversee the analysis and production of intelligence 
by the elements of the intelligence community; 
"(B) establish standards and priorities relating to such 
analysis and production; 
"(C) monitor the allocation of resources for the analysis 
and production of intelligence in order to identify unnecessary 
duplication in the analysis and production of intelligence; 
"(D) identify intelligence to be collected for purposes of 
; 
the Assistant Director of Central Intelligence for Collection; 
' 
and 
"(E) provide such additional analysis and production of 
intelligence as the President and the National Security Council 
may require.". 
SEC. 811. IMPROVEMENT OF ADMINISTRATION OF INTELLIGENCE 
ACTIVITIES. 
Section 102 of the National Security Act of 1947, as amended 
by section 810 of this Act, is further amended by adding at the 
end the following: 
"(h) 
ASSISTANT 
DIRECTOR OF CENTRAL 
INTELLIGENCE FOR 
ADMINISTRATION,—(1) To assist the Director of Central Intelligence 
in carrying out the Director's responsibilities under this Act, there 
shall be an Assistant Director of Central Intelligence for Adminis-
tration who shall be appointed by the President, by and with 
the advice and consent of the Senate. 
"(2) The Assistant Director for Administration shall manage 
such activities relating to the administration of the intelligence 
community as the Director of Central Intelligence shall require.". 
SEC. 
812. 
PAY 
LEVEL 
OF 
DEPUTY 
DIRECTOR 
OF 
CENTRAL 
INTELLIGENCE 
FOR COMMUNITY MANAGEMENT 
AND 
ASSISTANT DIRECTORS OF CENTRAL INTELLIGENCE. 
(a) EXECUTIVE SCHEDULE III PAY LEVEL.—Section 5314 of title 
5, United States Code, is amended by striking out item the relating 
to the Deputy Director of Central Intelligence and inserting in 
lieu thereof the following: 
"Deputy Directors of Centra) intelligence (2).". 
(b) EXECUTIVE SCHEDULE rv ?AY LEVEL.—Section 5315 
of 
title 5, United States Code, is amended by adding at the end 
the following: 
PUBLIC LAW 104-293—OCT. 11, 1996 
110 STAT. 3483 
"Assistant Directors of Central Intelligence (3).". 
SEC. 
813. GENERAL COUNSEL OF THE CENTRAL INTELLIGENCE 
AGENCY. 
(a) IN GENERAL.—The Central Intelligence Agency Act of 1949 
(50 U.S.C. 403a et seq.) is amended by adding at the end the 
following: 
"GENERAL COUNSEL OF THE CENTRAL INTELLIGENCE AGENCY 
"SEC. 20. (a) There is a General Counsel of the Central Intel- 
50 USC 403t. 
ligence Agency, appointed from civilian life by the President, by 
and with the advice and consent of the Senate. 
"(b) The General Counsel is the chief legal officer of the Central 
Intelligence Agency. 
"(c) The General Counsel of the Central Intelligence Agency 
shall perform such functions as the Director of Central Intelligence 
may prescribe.". 
(b) 
APPLICABILITY 
OF 
APPOINTMENT 
REQUIREMENTS.—^The 50USC403t 
requirement established by section 20 of the Central Intelligence 
^°^-
Agency Act of 1949, as added by subsection (a), for the appointment 
by the President, by and with the advice and consent of tne Senate, 
of an individual to the position of General Counsel of the Central 
Intelligence Agency shall apply as follows: 
(1) To any vacancy in such position that occurs after the 
date of the enactment of this Act. 
(2) To the incumbent serving in such position on the date 
of the enactment of this Act as of the date that is six months 
after such date of enactment, if such incumbent has served 
in such position continuously between such date of enactment 
and the date that is six months after such date of enactment. 
(c) EXECUTIVE SCHEDULE IV PAY LEVEL.—Section 5315 of title 
5, United States Code, as amended by section 812 of this Act, 
is further amended by adding at the end the following: 
"General Counsel of the Central Intelligence Agency.". 
SEC. 
814. ASSISTANCE FOR LAW ENFORCEMENT AGENCIES BY 
INTELLIGENCE COMMUNITY. 
(a) IN GENERAL.—Title I of the National Security Act of 1947 
(50 U.S.C. 402 et seq.) is amended by inserting after section 105 
the following new section: 
"ASSISTANCE TO UNITED STATES LAW ENFORCEMENT AGENCIES 
"SEC. 105A. (a) AUTHORITY TO PROVIDE ASSISTANCE.—Subject 50USC403-5a. 
to subsection (b), elements of the intelligence community may, 
upon the request of a United States law enforcement agency, collect 
information outside the United States about individuals who are 
not United States persons. Such elements may collect such informa-
tion notwithstanding that the law enforcement agency intends to 
use the information collected for purposes of a law enforcement 
investigation or counterintelligence investigation. 
"(b) LIMITATION ON ASSISTANCE BY ELEMENTS OF DEPARTMENT 
OF DEFENSE.—(1) With respect to elements within the Department 
of Defense, the authority in subsection (a) applies only to the 
following: 
"(A) The National Security Agency. 
"(B) The National Reconnaissance Office. 
"(C) The National Imagery and Mapping Agency. 
110 STAT. 3484 
PUBLIC LAW 104-293—OCT. 11, 1996 
"(D) The Defense Intelligence Agency. 
"(2) Assistance provided under this section by elements of the 
Department of Defense may not include the direct participation 
of a member of the Army, Navy, Air Force, or Marine Corps in 
an arrest or similar activity. 
"(3) Assistance may not be provided under this section by 
an element of the Department of Defense if the provision of such 
assistance will adversely affect the military preparedness of the 
United States. 
Regulations. 
"(4) The Secretary of Defense shall prescribe regulations govern-
ing the exercise of authority imder this section by elements of 
the Department of Defense, including regulations relating to the 
protection of sources and methods in the exercise of such authority. 
"(c) DEFINITIONS.—For purposes of subsection (a): 
"(1) The term 'United States law enforcement agency' 
means any department or agency of the Federal Government 
that the Attorney General designates as law enforcement 
agency for purposes of this section. 
"(2) The term 'United States person' means the following: 
"(A) A United States citizen. 
"(B) An alien known by the intelligence agency 
concerned to be a permanent resident alien. 
"(C) An 
unincorporated 
association 
substantially 
composed of United States citizens or permanent resident 
aliens. 
"(D) A corporation incorporated in the United States, 
except for a corporation directed and controlled by a foreign 
government or governments.", 
(b) CLERICAL AMENDMENT.—The table of contents for that Act 
is amended by inserting after the item relating to section 105 
the following new item: 
"Sec. 105A. Assistance to United States law enforcement agencies.". 
SEC. 
815. 
APPOINTMENT 
OF 
OFFICIALS 
RESPONSIBLE 
FOR 
INTELLIGENCE-RELATED ACTIVITIES. 
(a) IN GENERAL.—Section 106 of the National Security Act 
of 1947 (50 U.S.C. 403-6) is amended to read as follows: 
"APPOINTMENT OF OFFICIALS RESPONSIBLE FOR INTELLIGENCE-
RELATED ACTIVITIES 
" S E C 106. (a) CONCURRENCE OF D C I IN CERTAIN APPOINT-
MENTS.—(1) In the event of a vacancy in a position referred to 
in paragraph (2), the Secretary of Defense shall obtain the concur-
rence of the Director of Central Intelligence before recommending 
to the President an individual for appointment to the position. 
If the Director does not concur in the recommendation, the Secretary 
may make the recommendation to the President without the 
Director's concurrence, but shall include in the recommendation 
a statement that the Director does not concur in the recommenda-
tion. 
"(2) Paragraph (1) applies to the following positions: 
"(A) The Director of the National Security Agency. 
"(B) The Director of the National Reconnaissance Office. 
"(C) The Director of the National Imagery and Mapping 
Agency. 
"(b) CONSULTATION WITH DCI IN CERTAIN APPOINTMENTS.— 
(1) In the event of a vacancy in a position referred to in paragraph 
PUBLIC LAW 104-293—OCT. 11, 1996 
110 STAT. 3485 
(2), the head of the department or agency having jurisdiction over 
the position shall consult with the Director of Central Intelligence 
before appointing an individual to fill the vacancy or recommending, 
to the President an individual to be nominated to fill the vacancy. 
"(2) Paragraph (1) applies to the following positions: 
"(A) The Director of the Defense Intelligence Agency. 
"(B) The Assistant Secretary of State for Intelligence and 
Research. 
"(C) The Director of the Office of Nonproliferation and 
National Security of the Department of Energy. 
"(3) In the event of a vacancy in the position of the Assistant 
Director, National Security Division of the Federal Bureau of Inves-
tigation, the Director of the Federal Bureau of Investigation shall 
provide timely notice to the Director of Central Intelligence of 
the recommendation of the Director of the Federal Bureau of Inves-
tigation of £in individual to fill the position in order that the Director 
of Central Intelligence may consult with the Director of the Federal 
Bureau of Investigation before the Attorney General appoints an 
individual to fill the vacancy.". 
(b) CLERICAL AMENDMENT.—The table of contents for that Act 
is amended by striking out the item relating to section 106 and 
inserting in lieu thereof the following new item: 
"Sec. 106. Appointment of officials responsible for intelligence-related activities.". 
SEC. 816. STUDY ON THE FUTURE OF INTELLIGENCE COLLECTION. 
(a) STUDY.—The Director of Central Intelligence shall, in 
consultation with the Deputy Secretary of Defense, conduct a study 
on the future of intelligence collection. The study shall address 
whether collection resources can be managed in a more consolidated, 
integrated manner. The study is not limited to, but should include, 
specific examination of the following: 
(1) Establishing within the Intelligence Community a single 
agency with responsibility for— 
(A) the clandestine collection of intelligence through 
human sources and other clandestine techniques; 
(B) covert action; and 
(C) representing the Director of Central Intelligence 
in liaison with foreign intelligence and security services. 
(2) Establishing a single agency for the conduct of technical 
intelligence collection activities, including— 
(A) signals intelligence (SIGINT), imagery intelligence 
(IMINT), and measurement and signatures intelligence 
(MASINT); 
(B) first-phase (or initial) exploitation of the results 
of such collection; 
(C) dissemination of such collection in a timely manner; 
(D) development of processing and exploitation tech-
nologies to support these functions; and 
(E) serving as the sole agent within the Intelligence 
Community for— 
(i) the specification of technical requirements for 
such reconnaissance systems as may be needed to meet 
the signals intelligence, imagery intelligence, and 
measurement and signatures intelligence collection 
requirements of the Intelligence Community; and 
(ii) the operation and final disposition of such 
systems. 
110 STAT. 3486 
PUBLIC LAW 104-293—OCT. 11, 1996 
(3) Establishing a single agency— 
(A) to serve as the sole agent within the Intelligence 
Community for the conduct of research, development, test, 
and evaluation, for procurement, and for launch of satellite 
reconnaissance systems that may be required to satisfy 
the intelligence collection requirements of the Intelligence 
Community; and 
(B) to serve as the primary agent within 
the 
Intelligence Community for the conduct of research, devel-
opment, test, evaluation and for procurement of reconnais-
sance, surveillance, and sensor systems, including airborne 
and maritime reconnaissance 
capabilities within 
the 
National Foreign Intelligence Program and the Joint Mili-
tary Intelligence Program. 
(b) CRITERIA.—The study imder subsection (a) shall— 
(1) take into account current and future technological 
capabilities and intelligence requirements; 
(2) take into account the costs and benefits associated 
with establishing each of the agencies described in paragraphs 
(1) through (3) of subsection (a) as well as the costs and benefits 
of maintaining the current system of distinct "collection stove-
pipes"; and 
(3) examine establishing each of the agencies described 
in paragraphs (1) through (3) of subsection (a) both on their 
individual merits and also with a view toward having such 
agencies co-exist as an entire new organizational structure. 
(c) REPORT,—Not later than April 15, 1997, the Director of 
Central Intelligence shall submit a report on the study to the 
following: 
(1) The President. 
(2) The Secretary of Defense. 
(3) The 
Select 
Committee 
on Intelligence 
and 
the 
Committee on Armed Services of the Senate. 
(4) The Permanent Select Committee on Intelligence and 
the 
Committee 
on National 
Security 
of the 
House of 
Representatives. 
SEC. 817. INTELLIGENCE RESERVE CORPS. 
(a) REPORT ON CORPS.—Not later than four months after the 
date of the enactment of this Act, the Director of Central Intel-
ligence shall submit to the appropriate committees of Congress 
a report on the Surge Augmentation Program to provide for an 
Intelligence Reserve Corps to serve as a surge or augmentation 
resource for the Intelligence Community. The report shall include 
such recommendations for legislation as the Director considers 
appropriate. 
(b) APPROPRIATE COMMITTEES DEFINED.—In this section, the 
term "appropriate committees of Congress" means the following: 
(1) The Committee on Governmental Affairs and the Select 
Committee on Intelligence of the Senate. 
(2) The Committee on Government Reform and Oversight 
and the Permanent Select Committee on Intelligence of the 
House of Representatives. 
PUBLIC LAW 104-293—OCT. 11, 1996 
110 STAT. 3487 
TITLE IX—FINANCIAL MATTERS 
/ 
SEC. 
901. 
AUTHORIZATION 
OF 
FUNDING 
PROVIDED 
BY 
1996 
SUPPLEMENTAL APPROPRIATIONS ACT. 
Amounts obligated or expended for intelligence or intelligence-
related activities based on and otherwise in accordance with the 
appropriations provided by the Omnibus Consolidated Rescissions 
and Appropriations Act of 1996 (Public Law 104-134), including 
any such obligations or expenditures occurring before the enactment 
of this Act, shall be deemed to have been specifically authorized 
by the Congress for purposes of section 504 of the National Security 
Act of 1947 (50 U.S.C. 414) and are hereby ratified and confirmed. 
Approved October 11, 1996. 
LEGISLATIVE HISTORY—H.R. 3259 (S. 1718): 
HOUSE REPORTS: Nos. 104-578, Pt. 1 (Permanent Select Comm. on Intelligence) 
and 104-832 (Comm. of Conference). 
SENATE REPORTS: Nos. 104-258 (Select Comm. on Intelligence), 104-277 (Comm. 
on Armed Services), and 104-337 (Comm. on Governmental 
Affairs) all accompanying S. 1718. 
CONGRESSIONAL RECORD, Vol. 142 (1996): 
May 22, considered and passed House. 
Sept. 17, considered and passed Senate, amended, in lieu of S. 1718. 
Sept. 25, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996): 
Oct. 11, Presidential statement.