[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3237 Introduced in House (IH)]


104th CONGRESS
  2d Session
                                H. R. 3237

   To provide for improved management and operation of intelligence 
activities of the Government by providing for a more corporate approach 
 to intelligence, to reorganize the agencies of the Government engaged 
 in intelligence activities so as to provide an improved Intelligence 
        Community for the 21st century, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 15, 1996

 Mr. Combest introduced the following bill; which was referred to the 
   Permanent Select Committee on Intelligence and in addition to the 
    Committee on National Security, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To provide for improved management and operation of intelligence 
activities of the Government by providing for a more corporate approach 
 to intelligence, to reorganize the agencies of the Government engaged 
 in intelligence activities so as to provide an improved Intelligence 
        Community for the 21st century, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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 organized 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--Infrastructure Support Office
Subtitle E--Intelligence Community Administration
               TITLE III--INTELLIGENCE COMMUNITY AGENCIES

Subtitle A--Central Intelligence Agency
Subtitle B--The Clandestine Service
Subtitle C--The National Intelligence Evaluation Council
TITLE IV--DEPARTMENT OF DEFENSE FUNCTIONS IN THE INTELLIGENCE COMMUNITY

Subtitle A--Secretary of Defense
Subtitle B--Director of Military Intelligence
Subtitle C--The Military Departments
Subtitle D--Planning and Budgeting
 TITLE V--DEPARTMENT OF DEFENSE AGENCIES IN THE INTELLIGENCE COMMUNITY

Subtitle A--Defense Intelligence Agency
Subtitle B--Technical Collection Agency
Subtitle C--Technology Development Office
 TITLE VI--NATIONAL SECURITY COUNCIL AND RELATED BOARDS AND COMMITTEES

TITLE VII--TECHNICAL AND CONFORMING AMENDMENTS

Subtitle A--Amendments Related to Creation of Technical Collection 
                            Agency
Subtitle B--Amendments Related to Creation of Clandestine Service
Subtitle C--Amendments Related to Inspector General for the 
                            Intelligence Community
Subtitle D--Repeals of Provisions Recodified in New Act
Subtitle E--Other Amendments
 TITLE VIII--TRANSFER OF FUNCTIONS, SAVINGS PROVISIONS, AND EFFECTIVE 
                                  DATE

Subtitle A--Transfers of Functions to Intelligence Community Agencies 
                            Other than Agencies in Department of 
                            Defense
Subtitle B--Transfers of Functions to Intelligence Community Agencies 
                            in Department of Defense
Subtitle C--General Transfer Provisions
Subtitle D--General Savings Provisions
Subtitle E--Effective Date
    (b) Table of Contents.--The table of contents 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 intelligence 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 for the Central 
                            Intelligence Agency.
Sec. 123. Deputy Director of Central Intelligence for Community 
                            Management.
Sec. 124. Civilian and military status of Director of Central 
                            Intelligence and Deputies.
                 Subtitle C--The Intelligence Community

Sec. 131. Elements of the Intelligence Community.
Sec. 132. Inspector General for the Intelligence Community.
                       Subtitle D--Annual Reports

Sec. 141. Annual report on Intelligence Community activities.
              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. Limitations on transfers and reprogramming.
Sec. 224. Transfer of funds or personnel within the National Foreign 
                            Intelligence Program.
Sec. 225. Limitation on reprogramming.
                         Subtitle C--Personnel

Sec. 231. Use of personnel.
Sec. 232. Authority to terminate employment of certain employees.
Sec. 233. Intelligence Community Reserve.
               Subtitle D--Infrastructure Support Office

Sec. 241. Establishment of Infrastructure Support Office.
Sec. 242. Responsibilities of Director of the Infrastructure Support 
                            Office.
           Subtitle E--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.
                  Subtitle B--The Clandestine Service

Sec. 321. The Clandestine Service.
Sec. 322. Functions of the Clandestine Service.
Sec. 323. Applicable statutes.
        Subtitle C--The National Intelligence Evaluation Council

Sec. 331. National Intelligence Evaluation Council.
Sec. 332. Functions of the National Intelligence Evaluation Council.
Sec. 333. Staffing of the National Intelligence Evaluation Council.
TITLE IV--DEPARTMENT OF DEFENSE FUNCTIONS IN THE INTELLIGENCE COMMUNITY

                    Subtitle A--Secretary of Defense

Sec. 401. Overall Secretary of Defense functions.
Sec. 402. Requirement that budgets for intelligence components be 
                            adequate.
Sec. 403. Implementation of Director of Central Intelligence policies 
                            and 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. Joint and corporate conduct of Defense intelligence 
                            activities.
Sec. 408. Use of elements of Department of Defense.
             Subtitle B--Director of Military Intelligence

Sec. 421. Director of Military Intelligence.
Sec. 422. Functions of the Director of Military Intelligence.
Sec. 423. Role of Director of Military Intelligence in the Intelligence 
                            Community.
Sec. 424. Planning and budget functions.
Sec. 425. Staff.
                  Subtitle C--The Military Departments

Sec. 441. Intelligence capabilities of the military departments.
                   Subtitle D--Planning and Budgeting

Sec. 451. Joint Military Intelligence Program.
Sec. 452. Tactical Intelligence and Related Activities (TIARA).
Sec. 453. Notice to Congress of changes in JMIP and TIARA.
 TITLE V--DEPARTMENT OF DEFENSE AGENCIES IN THE INTELLIGENCE COMMUNITY

                Subtitle A--Defense Intelligence Agency

Sec. 501. Defense Intelligence Agency generally.
Sec. 502. Functions of the Defense Intelligence Agency.
                Subtitle B--Technical Collection Agency

Sec. 521. Establishment of Technical Collection Agency.
Sec. 522. SIGINT, IMINT, and MASINT functions.
Sec. 523. Reconnaissance systems.
Sec. 524. Applicable statutes.
               Subtitle C--Technology Development Office

Sec. 531. Establishment of the Technology Development Office.
Sec. 532. Responsibilities for satellite reconnaissance systems.
Sec. 533. Acquisition and operation of other reconnaissance and sensor 
                            systems.
Sec. 534. Applicable laws.
 TITLE VI--NATIONAL SECURITY COUNCIL AND RELATED BOARDS AND COMMITTEES

Sec. 601. Recodification of laws relating to National Security Council 
                            and related boards and committees in 
                            Executive Office of the President.
Sec. 602. Committee on Foreign Intelligence.
Sec. 603. Prohibition of direct participation by National Security 
                            Council staff in execution of intelligence 
                            operations.
             TITLE VII--TECHNICAL AND CONFORMING AMENDMENTS

  Subtitle A--Amendments Related to Creation of Technical Collection 
                                 Agency

Sec. 701. Role as Defense agency.
Sec. 702. Restatement of National Security Agency Act of 1959.
   Subtitle B--Amendments Related to Creation of Clandestine Service

Sec. 711. Central Intelligence Agency Act of 1949.
Sec. 712. Central Intelligence Agency Retirement System.
Sec. 713. Central Intelligence Agency Voluntary Separation Pay Act.
Sec. 714. Amendments to title 5, United States Code.
Sec. 715. Amendments to laws codified in the Appendices of title 5, 
                            United States Code.
Sec. 716. Report on detailed personnel.
      Subtitle C--Amendments Related to Inspector General for the 
                         Intelligence Community

Sec. 721. Inspector General for the Intelligence Community.
        Subtitle D--Repeals of Provisions Recodified in New Act

Sec. 741. Conforming repeals.
                      Subtitle E--Other Amendments

Sec. 751. National Security Act of 1947.
Sec. 752. Title 5, United States Code.
 TITLE VIII--TRANSFER OF FUNCTIONS, SAVINGS PROVISIONS, AND EFFECTIVE 
                                  DATE

 Subtitle A--Transfers of Functions to Intelligence Community Agencies 
              Other than Agencies in Department of Defense

Sec. 801. Transfer of functions to Clandestine Service.
Sec. 802. Abolition of National Intelligence Council.
 Subtitle B--Transfers of Functions to Intelligence Community Agencies 
                        in Department of Defense

Sec. 811. Transfer of functions to technical collection agency.
Sec. 812. Transfer of functions to technical development office.
Sec. 813. Abolition of previous Defense elements of the Intelligence 
                            Community.
                Subtitle C--General Transfer Provisions

Sec. 821. Transfer of functions.
Sec. 822. Transfer and allocations of appropriations and personnel.
Sec. 823. Incidental transfers.
Sec. 824. Effect on personnel.
Sec. 825. Delegation and assignment.
Sec. 826. Reorganization.
Sec. 827. Rules.
                 Subtitle D--General Savings Provisions

Sec. 831. Continuing effect of legal documents.
Sec. 832. Proceedings not affected.
Sec. 833. Suits not affected.
Sec. 834. Nonabatement of actions.
Sec. 835. Administrative actions relating to promulgation of 
                            regulations.
Sec. 836. Transition.
Sec. 837. References.
                       Subtitle E--Effective Date

Sec. 851. Effective date.

SEC. 3. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress makes the following findings:
            (1) The United States must maintain an intelligence 
        capability to collect and analyze 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 activities, established by the National Security 
        Act of 1947, has evolved largely without changes to the 
        original statutory framework, but rather as a matter of 
        Executive order and directive.
            (3) Although the Director of Central Intelligence has had 
        an overall, coordinating role for United States intelligence 
        activities, under existing law and by Executive order the 
        Director has, in fact, lacked sufficient authorities to 
        exercise this responsibility effectively, leaving control 
        largely decentralized within elements of the Intelligence 
        Community.
    (b) Purposes.--The purposes of this Act are--
            (1) to provide a corporate framework for the improved 
        management of United States intelligence activities at all 
        levels and within all intelligence disciplines;
            (2) to provide an institutional structure that will 
        continue to ensure that the Intelligence Community serves the 
        needs of the Government as a whole in an effective, timely, and 
        corporate manner;
            (3) to clarify by law the responsibilities of United States 
        intelligence agencies; and
            (4) to improve the congressional oversight of intelligence 
        activities.

SEC. 4. DEFINITIONS.

    For the purposes of this Act:
            (1) Intelligence.--The term ``intelligence'' includes 
        foreign intelligence and counterintelligence.
            (2) Foreign intelligence.--The term ``foreign 
        intelligence'' means information relating to the capabilities, 
        intentions, or activities of foreign governments or elements 
        thereof, foreign organizations, foreign transnational entities, 
        or foreign persons.
            (3) Counterintelligence.--The term ``counterintelligence'' 
        means information gathered and activities conducted to protect 
        against espionage, other intelligence activities, sabotage, or 
        assassinations conducted by or on behalf of foreign governments 
        or elements thereof, foreign organizations, foreign 
        transnational entities, or foreign persons, or international 
        terrorist activities.
            (4) National intelligence and intelligence related to 
        national security.--The terms ``national intelligence'' and 
        ``intelligence related to the national security''--
                    (A) each refer to intelligence that pertains to the 
                interests of the Government generally, rather than to 
                the interests of a single department or agency of 
                Government, or to a component of such department or 
                agency;
                    (B) do not refer to intelligence necessary to plan 
                or conduct tactical military operations by United 
                States Armed Forces; and
                    (C) do not refer to counterintelligence or law 
                enforcement activities conducted by the Federal Bureau 
                of Investigation except to the extent provided for in 
                procedures agreed to by the Director of Central 
                Intelligence and the 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 
        programs, projects, and activities of the Intelligence 
        Community which are intended to produce national intelligence, 
        as well as any other programs of the Intelligence Community 
        designated jointly by the Director 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 planning and conduct of tactical military 
        operations by United States Armed Forces.
            (6) Congressional intelligence committees.--The term 
        ``congressional intelligence committees'' means--
                    (A) the Select Committee on Intelligence of the 
                Senate; and
                    (B) the Permanent Select Committee on Intelligence 
                of the House of Representatives.

               TITLE I--INTELLIGENCE COMMUNITY GENERALLY

              Subtitle A--Director of Central Intelligence

SEC. 101. DIRECTOR OF CENTRAL INTELLIGENCE.

    (a) Director of Central Intelligence.--There is a Director of 
Central Intelligence. The Director of Central Intelligence is--
            (1) the principal adviser to the President and the National 
        Security Council for intelligence matters related to the 
        national security; and
            (2) the head of the Intelligence Community.
     (b) Appointment.--The Director of Central Intelligence is 
appointed by the President, by and with the advice and consent of the 
Senate.
    (c) Acting DCI.--
            (1) The Director of Central Intelligence shall designate 
        one of the two Deputy Directors of Central Intelligence to act 
        for, and exercise the powers of, the Director during the 
        Director's absence or disability.
            (2) In the event of a vacancy in the office of Director of 
        Central Intelligence, the President shall designate one of the 
        two Deputy Directors of Central Intelligence to act as, and 
        exercise the powers of, the Director during the vacancy.

SEC. 102. GENERAL INTELLIGENCE RESPONSIBILITIES OF THE DIRECTOR.

    (a) Provision of Intelligence to the President.--Under the 
direction of the National Security Council, the Director of Central 
Intelligence shall be responsible for providing intelligence to the 
President.
    (b) Provision of Intelligence to Others.--Under the direction of 
the National Security Council, the Director of Central Intelligence 
shall be responsible for providing intelligence--
            (1) to the heads of departments and agencies of the 
        executive branch;
            (2) to the Chairman of the Joint Chiefs of Staff, to the 
        commanders of the unified combatant commands, and to other 
        senior military commanders; and
            (3) to the Senate and House of Representatives and the 
        appropriate committees thereof.
    (c) Intelligence To Be Objective and Timely.--Intelligence provided 
by the Director pursuant to this section should be timely and objective 
and shall be provided independent of political considerations or bias 
and based upon all sources available to the Intelligence Community.

SEC. 103. PREPARATION OF ANNUAL BUDGET FOR NATIONAL 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 manage 
the collection capabilities of the Intelligence Community to ensure 
that national requirements are met.

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 USEFULNESS OF INTELLIGENCE TO 
              CONSUMERS.

    The Director of Central Intelligence shall promote and evaluate the 
quality and usefulness of national intelligence to consumers within the 
Government.

SEC. 107. ELIMINATION OF WASTE AND UNNECESSARY DUPLICATION.

    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.

SEC. 110. ACCESS TO INTELLIGENCE.

    To the extent recommended by the National Security Council and 
approved by the President, the Director of Central Intelligence shall 
have access to all intelligence 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 Security 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 Intelligence 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 
for the Central Intelligence Agency, and there is a Deputy Director of 
Central Intelligence for Community Management.
    (b) Appointment.--Each Deputy Director shall be appointed by the 
President, by and with the advice and consent of the Senate.
    (c) Qualifications.--Each Deputy Director shall have extensive 
national security experience.

SEC. 122. DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE FOR THE CENTRAL 
              INTELLIGENCE AGENCY.

    (a) Daily Operations of the Central Intelligence Agency.--Subject 
to the direction of the Director of Central Intelligence, the Deputy 
Director of Central Intelligence for the Central Intelligence Agency 
shall be responsible for conducting the daily operations of the Central 
Intelligence Agency.
    (b) Analysis and Dissemination.--The Deputy Director of Central 
Intelligence for the Central Intelligence Agency shall be responsible 
to the Director of Central Intelligence for the following:
            (1) Correlating and evaluating intelligence related to the 
        national security collected from all sources available 
        throughout the Intelligence Community and providing appropriate 
        dissemination of such intelligence.
            (2) Coordinating analysis conducted by the Intelligence 
        Community, including determining when and for what competitive 
        analysis is justified.
            (3) Producing national intelligence estimates.

SEC. 123. DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE FOR COMMUNITY 
              MANAGEMENT.

    Subject to the direction of the Director of Central Intelligence, 
the Deputy Director of Central Intelligence for Community Management 
shall be responsible for the following:
            (1) Directing the operations of the Community Management 
        Staff.
            (2) Directing the operations of the Infrastructure Support 
        Office.
            (3) Performing community-wide management functions, 
        including the management of personnel, resources, and 
        requirements.
            (4) Managing research and development.

SEC. 124. CIVILIAN AND MILITARY STATUS OF DIRECTOR OF CENTRAL 
              INTELLIGENCE AND DEPUTIES.

    (a) Limitation on Active Duty Status.--Not more than one individual 
serving in the following positions may be on active duty in the Armed 
Forces while serving in that position:
            (1) The Director of Central Intelligence.
            (2) The two Deputy Directors of Central Intelligence.
    (b) Appointment and Rank.--An individual serving in a position 
specified in paragraph (1) or (2) of subsection (a) who is on active 
duty in the Armed Forces shall be appointed from among the officers of 
the Armed Forces on the active-duty list. The Director of Central 
Intelligence may hold the grade of general or admiral while so serving 
and a Deputy Director of Central Intelligence may hold the rank of 
lieutenant general or vice admiral while so serving.
    (c) Role As Officer of Armed Forces.--A commissioned officer of the 
Armed Forces, while serving in a position specified in paragraph (1) or 
(2) of subsection (a)--
            (1) shall not be subject to supervision or control by the 
        Secretary of Defense or by any officer or employee of the 
        Department of Defense;
            (2) shall not exercise, by reason of the officer's status 
        as a commissioned officer, any supervision or control with 
        respect to any of the military or civilian personnel of the 
        Department of Defense except as authorized by this title; and
            (3) shall not be counted against the numbers and 
        percentages of commissioned officers of the rank and grade of 
        such officer authorized for the military department of that 
        officer.
    (d) Military Benefits.--Except as provided in paragraph (1) or (2) 
of subsection (c), the appointment of an officer of the Armed Forces to 
a position specified in paragraph (1) or (2) of subsection (a) shall 
not affect the status, position, rank, or grade of such officer in the 
Armed Forces, or any emolument, perquisite, right, 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 paragraph (1) or (2) of subsection (a), while serving in 
such position, shall continue to receive military pay and allowances 
payable to a commissioned 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 
Intelligence. In addition to any pay or allowance payable under this 
subsection, such officer shall also receive, out of funds available to 
the Director of Central Intelligence, annual compensation in an amount 
by which the annual rate of compensation payable for such position 
exceeds the total of that officer's annual rate of military pay and 
allowances.

                 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 
        Central Intelligence and such other offices as the Director may 
        designate.
            (2) The Community Management Staff.
            (3) The National Intelligence Evaluation Council.
            (4) The Central Intelligence Agency.
            (5) The Clandestine Service.
            (6) The Defense Intelligence Agency.
            (7) The Technical Collection Agency.
            (8) The Technology Development Office.
            (9) The Infrastructure Support Office.
            (10) The intelligence elements of the Army, the Navy, the 
        Air Force, the Marine Corps, and the Coast Guard.
            (11) The intelligence elements of the Federal Bureau of 
        Investigation, the Department of the Treasury, the Department 
        of Energy, and the Drug Enforcement Administration.
            (12) The Bureau of Intelligence and Research of the 
        Department of State.
            (13) Such other offices and entities as are established by 
        law under the authority of the Director of Central Intelligence 
        or as may be provided by law or by the President to be a 
        component of the Intelligence Community.

SEC. 132. INSPECTOR GENERAL FOR THE INTELLIGENCE COMMUNITY.

    (a) In General.--There is an Inspector General for the Intelligence 
Community. The Inspector General is appointed in accordance with, and 
performs the duties, has the responsibilities, and exercises the powers 
specified in, section 17 of the Central Intelligence Agency Act of 1949 
(50 U.S.C. 403q).
    (b) Coordination With Inspector General of the Department of 
Defense.--With respect to any audit, inspection, or investigation of 
any element of the Intelligence Community that is within the Department 
of Defense, the role of the Inspector General for the Intelligence 
Community shall be determined based upon consultations between the 
Director of Central Intelligence and the Secretary of Defense.

                       Subtitle D--Annual Reports

SEC. 141. ANNUAL REPORT ON INTELLIGENCE COMMUNITY ACTIVITIES.

    (a) In General.--The Director of Central Intelligence shall submit 
to Congress an annual report on the activities of the Intelligence 
Community. The annual report shall be unclassified.
    (b) Matters To Be Covered in Annual Report.--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 unclassified manner; and
            (2) the areas of the world and the issues that the Director 
        expects will require increased or unusual attention from the 
        Intelligence Community during the next fiscal year.
    (c) Time for Submission.--The report under this section for any 
year shall be submitted at the same time that the President submits the 
budget for the next fiscal year pursuant to section 1105 of title 31, 
United States Code.

              TITLE II--INTELLIGENCE COMMUNITY MANAGEMENT

              Subtitle A--Intelligence Community Functions

SEC. 201. COMMUNITY MANAGEMENT STAFF.

    There is a Community Management Staff.

SEC. 202. FUNCTIONS OF THE COMMUNITY MANAGEMENT STAFF.

    (a) In General.--The Deputy Director of Central Intelligence for 
Community Management, acting through the Community Management Staff, 
shall provide corporate management of the following Intelligence 
Community-wide functions:
            (1) Requirements and collection management.
            (2) Planning, programming, budgeting, and accounting for 
        the National Foreign Intelligence Program.
            (3) Research and development activities.
    (b) Coordination With the DMI Staff.--The Deputy Director of 
Central Intelligence for Community Management shall coordinate the 
functions referred to in paragraphs (1) through (3) of subsection (a) 
with the Director of Military Intelligence.

           Subtitle B--National Foreign Intelligence Program

SEC. 221. BUDGETS.

    (a) Preparation.--The Deputy Director of Central Intelligence for 
Community Management, in consultation with the elements of the 
Intelligence Community, shall prepare the annual budgets of the 
National Foreign 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 Director of Central Intelligence for Community 
Management, shall budget and account for financial resources on a 
community-wide basis by the functional categories of collection, 
processing, exploitation, analysis, dissemination, and infrastructure.
    (d) Identification of Constituent Components of Base Intelligence 
Budget.--The Director of Central Intelligence shall include in the 
congressional budget justification materials provided to the 
congressional intelligence committees in connection with the annual 
submission of the National Foreign Intelligence Program for a fiscal 
year the same level of budgetary detail for that part of the National 
Foreign Intelligence Program budget identified as the Base Budget that 
is provided for that part of such budget identified as Ongoing 
Initiatives and New Initiatives.

SEC. 222. COMPTROLLER FUNCTIONS OF COMMUNITY MANAGEMENT STAFF.

    (a) Execution Review.--The Community Management Staff shall perform 
budget execution review of elements of the Intelligence Community and 
shall have the authority to recommend to the comptroller of the 
Department of Defense that authorized and appropriated intelligence 
funds be withheld in those instances in which elements of the 
Intelligence Community within the Department of Defense are not 
complying with guidance from the Director of Central Intelligence or 
applicable law.
    (b) Accounting System.--The Deputy Director of Central Intelligence 
for Community Management shall establish and maintain an Intelligence 
Community-wide automated system for programming, budgeting, accounting, 
and execution review of the National Foreign Intelligence Program.

SEC. 223. LIMITATIONS ON TRANSFERS AND REPROGRAMMING.

    (a) Limitation on New Use of Funds Available for Intelligence 
Activities.--Funds may not be made available through transfer, 
reprogramming, or other means between the Central Intelligence Agency 
or the Clandestine Service and the Department of Defense for any 
intelligence or special activity different from that previously 
justified to the Congress unless the Director of Central Intelligence 
or the Secretary of Defense notifies in advance the Permanent Select 
Committee on Intelligence of the House of Representatives, the Select 
Committee on Intelligence of the Senate, and the Committees on 
Appropriations of the Senate and House of Representatives of the intent 
to make such funds available for such activity.
    (b) Limitation on Amounts Transferred.--The amount that may be 
transferred from any account of an element of the Intelligence 
Community for any fiscal year may not exceed five percent of the 
aggregate portion of the National Foreign Intelligence Program budget 
of that element for that fiscal year.
    (c) Limitation on Transfer of Funds Available for Drug Interdiction 
or Counter-Drug Purposes.--None of the funds available to the Central 
Intelligence Agency or the Clandestine Service for any fiscal year for 
drug interdiction and counter-drug activities may be transferred to any 
other department or agency of the United States except as specifically 
provided in an appropriations law.

SEC. 224. TRANSFER OF FUNDS OR PERSONNEL WITHIN THE NATIONAL FOREIGN 
              INTELLIGENCE PROGRAM.

    (a) General Authority.--In addition to any other authorities 
available under law for such purposes, the Director of Central 
Intelligence, 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 Program to another such 
program and, in accordance with procedures to be developed by the 
Director and the heads of affected departments and agencies, may 
transfer personnel authorized for an element of the Intelligence 
Community to another such element for periods up to a year.
    (b) Conditions.--A transfer of funds or personnel may be made under 
this section only if--
            (1) the funds or personnel are being transferred to an 
        activity that is a higher priority intelligence activity;
            (2) the need for funds or personnel for such activity is 
        based on unforeseen requirements;
            (3) the transfer does not involve a transfer of funds to 
        the Reserve for Contingencies of the Director of Central 
        Intelligence; and
            (4) the transfer does not involve a transfer of funds or 
        personnel from the Federal Bureau of Investigation.
    (c) Availability of Transferred Funds.--Funds transferred under 
this subsection shall remain available for the same period as the 
appropriations 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 procedures 
applicable to reprogramming notifications for the appropriate 
congressional committees. Any proposed transfer for which notice is 
given to the appropriate congressional committees shall be accompanied 
by a report explaining the nature of the proposed transfer and how it 
satisfies the requirements of this subsection. In addition, the 
congressional intelligence committees shall be promptly notified of any 
transfer of funds made pursuant to this subsection in any case in which 
the transfer would not have otherwise required reprogramming 
notification under procedures in effect as of October 24, 1992.
    (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 
Committee 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. 225. LIMITATION ON REPROGRAMMING.

    No funds made available under the National Foreign Intelligence 
Program may be reprogrammed by any element of the Intelligence 
Community without the prior approval 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 departments and agencies with elements in the Intelligence 
Community, institute policies and programs within the Intelligence 
Community--
            (1) to provide for the rotation of personnel between the 
        elements of the Intelligence 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 effective performance 
        evaluation systems with common standards throughout the 
        national Intelligence Community; and
            (4) to develop a community-wide career development program 
        that emphasizes corporate management skills.

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, the Clandestine Service, 
or the Community Management Staff whenever the Director considers such 
termination to be necessary or advisable in the interests of the United 
States.
    (b) Other Employment in the Government.--Any such termination does 
not affect the right of the individual whose employment is so 
terminated to seek or accept employment in any other department or 
agency of the Government if declared eligible for such employment by 
the Office of Personnel Management.

SEC. 233. INTELLIGENCE COMMUNITY RESERVE.

    (a) Establishment.--The Director of Central Intelligence shall 
establish an Intelligence Community Reserve.
    (b) Members.--The Intelligence Community Reserve may consist of 
former or retired personnel of elements of the Intelligence Community 
and of other qualified individuals, as determined by the Director of 
Central Intelligence. Each member of the Intelligence Community Reserve 
shall agree that, during any period of emergency (as determined by the 
Director), the member shall return to active civilian status within the 
Intelligence Community and shall perform such duties as the Director 
may assign.
    (c) Monetary Incentives.--In order to attract individuals to become 
members of the Intelligence Community Reserve, the Director, without 
regard to subchapter IV of chapter 55 of title 5, United States Code, 
may provide special monetary incentives to individuals eligible to 
become members of the Reserve who agree to become members of the 
Intelligence Community Reserve and to acquire or retain proficiency in 
such skills as the Director shall specify.
    (d) Training and Support.--In order to provide training and support 
for members of the Intelligence Community Reserve, the Director--
            (1) may pay all or part of the expenses related to the 
        training of individuals in the Intelligence Community Reserve; 
        and
            (2) may pay benefits and allowances in accordance with 
        chapters 57 and 59 of title 5, United States Code, to 
        individuals in the Intelligence Community Reserve who are 
        assigned to training at sites away from their homes or regular 
        places of business.
    (e) Service Agreements.--
            (1) The Director, before providing training under this 
        section to any individual, may obtain an agreement with that 
        individual that--
                    (A) in the case of current employees, pertains to 
                continuation of service of the employee, and repayment 
                of the expenses of such training for failure to fulfill 
                the agreement, consistent with the provisions of 
                section 4108 of title 5, United States Code; and
                    (B) in the case of individuals accepted for 
                membership in the Intelligence Community Reserve, 
pertains to return to service when requested, and repayment of the 
expenses of such training for failure to fulfill the agreement, 
consistent with the provisions of section 4108 of title 5, United 
States Code.
            (2) The Director, under regulations prescribed under this 
        section, may waive, in whole or in part, a right of recovery 
        under an agreement made under this subsection if it is shown 
        that the recovery would be against equity and good conscience 
        or against the public interest.
    (f) Applicability of Voluntary Separation Pay Act.--
            (1) Participation in the Intelligence Community Reserve 
        through the receipt of monetary incentives under subsection (c) 
        does not constitute employment with the Government of the 
        United States for purposes of the Central Intelligence Agency 
        Voluntary Separation Pay Act (50 U.S.C. 403-4).
            (2) Performing service in an active duty status under 
        subsection (d) does constitute employment with the Government 
        of the United States for purposes of the Central Intelligence 
        Agency Voluntary Separation Pay Act (50 U.S.C. 403-4), and the 
        repayment requirement of section 2(b) of that Act applies 
        unless waived in accordance with such section 2(b).

               Subtitle D--Infrastructure Support Office

SEC. 241. ESTABLISHMENT OF INFRASTRUCTURE SUPPORT OFFICE.

    (a) Establishment.--There is within the Intelligence Community the 
Infrastructure Support Office.
    (b) Director.--The Office shall be headed by a Director, who shall 
be appointed by the Director of Central Intelligence.

SEC. 242. RESPONSIBILITIES OF DIRECTOR OF THE INFRASTRUCTURE SUPPORT 
              OFFICE.

    (a) In General.--Under the direction of the Deputy Director of 
Central Intelligence for Community Management, the Director of the 
Infrastructure Support Office shall be responsible for administrative 
and logistical functions relating to infrastructure and services of 
common concern to elements of the Intelligence Community. Such 
functions shall include the following:
            (1) Personnel management.
            (2) Security.
            (3) Community-level training.
            (4) Communications.
            (5) Automation.
            (6) Such additional functions as may be assigned by the 
        Director of Central Intelligence.
    (b) Automation Equipment.--The Director of the Infrastructure 
Support Office shall establish standards and information architectures 
for automation equipment throughout the Intelligence Community. The 
Director shall be responsible for life-cycle management, replacement, 
and upgrading of such equipment.

           Subtitle E--Intelligence Community Administration

SEC. 251. SECRECY AGREEMENTS USED IN INTELLIGENCE ACTIVITIES.

    Notwithstanding any other provision of law not 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 officer of the United States Government, may contain provisions 
appropriate to the particular activity for which such document is to be 
used. Such form or agreement shall, at a minimum--
            (1) require that the person will not disclose any 
        classified information received in the course of such activity 
        unless specifically authorized to do so by the United States 
        Government; and
            (2) provide that the form or agreement does not bar--
                    (A) disclosures to Congress; or
                    (B) disclosures to an authorized official of an 
                executive agency that are considered 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 
        Bureau 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 unauthorized manner to a foreign power or an agent of a 
        foreign power.
            (2) Following the making of a report under paragraph (1), 
        the head of the department or agency making the report shall 
        ensure that the Director of the Federal Bureau of Investigation 
        is consulted with respect to all subsequent actions that may be 
        undertaken by the department or agency to determine the source 
        of such unauthorized disclosure.
            (3) When, after appropriate consultation with the head of 
        the department or agency concerned, the Director of the Federal 
        Bureau of Investigation undertakes investigative activities to 
        determine the source of the unauthorized disclosure, the head 
        of the department or agency concerned shall ensure that the 
        Director is given complete and timely access to the employees 
        and records of that department or agency for purposes of such 
        investigative activities.
    (b) Coordination by FBI With Other Agencies.--
            (1) The Director of the Federal Bureau of Investigation 
        shall ensure that when the Bureau obtains espionage information 
        pertaining to the personnel, operations, or information of 
        another department or agency of the executive branch, such 
        information is provided through appropriate channels to the 
        head of that department or agency.
            (2) The Director shall ensure that when the Bureau 
        undertakes an espionage investigation which involves the 
        personnel, operations, or information of another department or 
        agency of the executive branch after a report is provided 
        pursuant to subsection (a)(1), the head of that department or 
        agency is consulted with respect to that investigation.
    (c) Presidential Waiver Authority.--
            (1) When essential to meet extraordinary circumstances 
        affecting vital national security interests of the United 
        States as determined by the President, the President may, on a 
        case-by-case basis, waive the requirements of subsection (a) or 
        (b), as they apply to the head of a particular department or 
        agency or to the Director of the Federal Bureau of 
        Investigation.
            (2) Such a waiver shall be in writing and shall fully state 
        the justification for the waiver.
            (3) Within 30 days after issuing such a waiver, the 
        President shall notify the congressional 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 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 subsections (a) and (b) during the previous calendar year. Each 
such report shall be prepared in consultation with the Director of 
Central Intelligence and the Secretary of Defense.
    (e) Relationship to Department of Defense Authority Over Persons 
Subject to UCMJ.--Nothing in this section may be construed to--
            (1) alter the jurisdictional arrangements in effect as of 
        October 14, 1994, between the Federal Bureau of Investigation 
        and the Department of Defense with respect to investigations of 
        persons subject to the Uniform Code of Military Justice 
        (chapter 47 of title 10, United States Code); or
            (2) impose reporting requirements upon the Department of 
        Defense with respect 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 foreign 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 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 activities, and where fiscally sound, shall award 
contracts in a manner that would maximize the procurement of products 
in the United States.

               TITLE III--INTELLIGENCE COMMUNITY AGENCIES

                Subtitle A--Central Intelligence Agency

SEC. 301. CENTRAL INTELLIGENCE AGENCY.

    There is a Central Intelligence Agency. The Central Intelligence 
Agency is the principal all-source national intelligence analytical 
agency. The Director of Central Intelligence is the head of the Central 
Intelligence Agency and shall carry out the functions of the Central 
Intelligence Agency through the Deputy Director of Central Intelligence 
for the Central Intelligence Agency.

SEC. 302. DUTIES OF DIRECTOR OF CENTRAL INTELLIGENCE WITH REGARD TO THE 
              CENTRAL INTELLIGENCE AGENCY.

    The Director of Central Intelligence, as head of the Central 
Intelligence Agency, shall--
            (1) correlate and evaluate intelligence related to the 
        national security of national intelligence; and
            (2) provide appropriate dissemination of such intelligence.

SEC. 303. FUNCTIONS OF THE CENTRAL INTELLIGENCE AGENCY.

    The Director of Central Intelligence, as head of the Central 
Intelligence Agency, shall perform the following functions:
            (1) Correlating and evaluating intelligence related to 
        national security collected from all sources available 
        throughout the Intelligence Community and facilitating 
        appropriate dissemination of such intelligence.
            (2) Coordinating analyses conducted by the elements of the 
        Intelligence Community and establishing procedures for 
        collaborative all-source analysis.
            (3) Producing national intelligence estimates.
            (4) Managing the acquisition and incorporation of all-
        source intelligence into the community all-source analytical 
        process.

                  Subtitle B--The Clandestine Service

SEC. 321. THE CLANDESTINE SERVICE.

    (a) Establishment.--There is within the executive branch of 
Government an independent entity designated as the Clandestine Service. 
The Director of Central Intelligence is the head of the Clandestine 
Service.
    (b) Director.--The Clandestine Service shall be administered by a 
Director, who shall report directly to the Director of Central 
Intelligence. The Director of the Clandestine Service shall be 
appointed from among intelligence professionals and shall have 
extensive current or prior experience within the Intelligence 
Community. The Director of the Clandestine Service may not be an 
active-duty member of the Armed Forces.
    (c) Deputy Directors.--
            (1) There shall be such deputy directors of the Clandestine 
        Service as the Director of Central Intelligence may designate.
            (2)(A) One of the deputy directors shall be a Deputy 
        Director for Clandestine Military Activities and Support.
            (B) The Deputy Director for Clandestine Military Activities 
        and Support shall be responsible for coordination between the 
        Clandestine Service and the various military and defense 
elements of the Intelligence Community.
            (C) The Deputy Director for Clandestine Military Activities 
        and Support shall be responsible for the functions of the 
        Clandestine Service carried out through elements of the 
        Department of Defense.
            (D) The Deputy Director for Clandestine Military Activities 
        and Support shall be selected from active duty professional 
        military intelligence officers in the grade of major general or 
        rear admiral.

SEC. 322. FUNCTIONS OF THE CLANDESTINE SERVICE.

    (a) In General.--The functions to be carried out through the 
Director of the Clandestine Service are the following:
            (1) Collecting national intelligence clandestinely through 
        human sources and by other appropriate means, using the 
        elements of the Intelligence Community authorized to undertake 
        such collection.
            (2) Ensuring that the most effective use is made of 
        resources authorized for the purposes of paragraph (1) and 
        minimizing the risks to the United States inherent in 
        clandestine collection operations.
            (3) Managing the administrative and technical support 
        activities of the Intelligence Community necessary to carrying 
        out clandestine collection and existing principally to support 
        the activities of the Clandestine Service.
            (4) Performing such other functions as the Director of 
        Central Intelligence may direct.
    (b) Clandestine Human Intelligence Collection.--All national 
clandestine human intelligence collection activities are subject to the 
authority of the Director of the Clandestine Service, including 
clandestine human intelligence collection activities of the Department 
of Defense.

SEC. 323. APPLICABLE STATUTES.

    Any reference as of the date of the enactment of this Act to the 
Central Intelligence Agency in any provision of law, or in any 
directive, rule, regulation, order, or other document of the United 
States, shall be treated for all purposes as including a reference to 
the Clandestine Service.

        Subtitle C--The National Intelligence Evaluation Council

SEC. 331. NATIONAL INTELLIGENCE EVALUATION COUNCIL.

    (a) Establishment.--There is within the Intelligence Community the 
National Intelligence Evaluation Council.
    (b) Members.--The National Intelligence Evaluation Council shall be 
composed of senior analysts within the Intelligence Community and may 
include substantive experts from the public and private sector. Members 
of the Council shall be appointed by, report to, and serve at the 
pleasure of, the Director of Central Intelligence. The Director of 
Central Intelligence shall appoint the head of the Council from among 
its members, who shall report directly to the Director of Central 
Intelligence.
    (c) Security Requirements.--The Director of Central Intelligence 
shall prescribe appropriate security requirements for personnel 
appointed from the private 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 Director considers to be unnecessary for this purpose.

SEC. 332. FUNCTIONS OF THE NATIONAL INTELLIGENCE EVALUATION COUNCIL.

    The National Intelligence Evaluation Council shall evaluate 
Intelligence Community-wide collection and production of intelligence, 
as well as the requirements and resources for such collection and 
production. Such evaluation shall be performed in consultation with 
both Deputy Directors of Central Intelligence and with the Director of 
Military Intelligence.

SEC. 333. STAFFING OF THE NATIONAL INTELLIGENCE EVALUATION COUNCIL.

    The Director of Central Intelligence shall make available to the 
National Intelligence Evaluation Council such staff as may be necessary 
to permit the Council to carry out its responsibilities under this 
subtitle and shall take appropriate measures to ensure that the Council 
and its staff satisfy the needs of policymaking officials and other 
consumers of intelligence.

TITLE IV--DEPARTMENT OF DEFENSE FUNCTIONS IN THE INTELLIGENCE 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 otherwise.

SEC. 402. REQUIREMENT THAT BUDGETS FOR INTELLIGENCE 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) the needs of other departments and agencies, as 
        appropriate.

SEC. 403. IMPLEMENTATION OF DIRECTOR OF CENTRAL INTELLIGENCE POLICIES 
              AND RESOURCE DECISIONS.

    The Secretary of Defense shall ensure appropriate implementation of 
the policies and resource decisions of the Director of Central 
Intelligence by elements of the Department of Defense within the 
National Foreign Intelligence Program.

SEC. 404. RELATIONSHIP OF NFIP ACTIVITIES TO TACTICAL INTELLIGENCE 
              ACTIVITIES.

    The Secretary of Defense shall ensure that the tactical 
intelligence activities of the Department of Defense complement, and 
are compatible with, intelligence activities under the National Foreign 
Intelligence Program. The Secretary shall carry out this section 
through the Director of Military Intelligence.

SEC. 405. RESPONSIVENESS TO OPERATIONAL MILITARY FORCES.

    The Secretary of Defense shall ensure that the elements of the 
Intelligence Community within the Department of Defense are responsive 
and timely with respect to satisfying the needs of operational military 
forces.

SEC. 406. ELIMINATION OF WASTE AND UNNECESSARY DUPLICATION.

    The Secretary of Defense shall eliminate waste and unnecessary 
duplication among the intelligence activities of the Department of 
Defense.

SEC. 407. JOINT AND CORPORATE CONDUCT OF DEFENSE INTELLIGENCE 
              ACTIVITIES.

    The Secretary of Defense shall ensure that, when appropriate, 
intelligence activities of the Department of Defense are conducted (1) 
jointly, and (2) cooperatively with elements of the Intelligence 
Community outside the Department of Defense.

SEC. 408. USE OF ELEMENTS OF DEPARTMENT OF DEFENSE.

    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 execution of those functions, in 
addition to, or in lieu of, the elements specifically identified in 
this Act for the performance of those functions.

             Subtitle B--Director of Military Intelligence

SEC. 421. DIRECTOR OF MILITARY INTELLIGENCE.

    (a) Establishment of Position.--There is a Director of Military 
Intelligence, appointed by the President, by and with the advice and 
consent of the Senate, from the officers of the regular components of 
the Armed Forces on active duty. The Director, while so serving, holds 
the grade of lieutenant general or vice admiral.
    (b) Nomination.--A recommendation by the Secretary of Defense to 
the President for appointment of an officer as Director of Military 
Intelligence may be made only with the concurrence of the Director of 
Central Intelligence.

SEC. 422. FUNCTIONS OF THE DIRECTOR OF MILITARY INTELLIGENCE.

    (a) Senior Military Intelligence Adviser.--The Director of Military 
Intelligence is the senior military intelligence adviser to the 
Secretary of Defense.
    (b) Director of DIA.--The Director of Military Intelligence is the 
Director of the Defense Intelligence Agency.
    (c) Program Manager for JMIP.--The Director of Military 
Intelligence is the program manager for the Joint Military Intelligence 
Program (or any successor program).
    (d) Program Coordinator for TIARA.--The Director of Military 
Intelligence is the program coordinator for the activities in the 
Department of Defense known as Tactical Intelligence and Related 
Activities (TIARA).

SEC. 423. ROLE OF DIRECTOR OF MILITARY INTELLIGENCE IN THE INTELLIGENCE 
              COMMUNITY.

    (a) National Intelligence.--The Director of Military Intelligence, 
as director of the Defense Intelligence Agency, is accountable to the 
Director of Central Intelligence in matters relative to the collection 
and prosecution of national intelligence.
    (b) Intelligence Requirements of the Secretary of Defense and the 
Joint Chiefs of Staff.--The Director of Military Intelligence shall be 
responsible for ensuring that the intelligence requirements of the 
Secretary of Defense and the Joint Chiefs of Staff are met.

SEC. 424. PLANNING AND BUDGET FUNCTIONS.

    (a) JMIP Responsibility.--The Director of Military Intelligence is 
responsible within the Department of Defense for development and 
submission of the Joint Military Intelligence Program for any fiscal 
year.
    (b) TIARA Responsibility.--The Director is responsible within the 
Department of Defense for coordination of the development and 
submission of the budget for any fiscal year for programs, projects, 
and activities included within Tactical Intelligence and Related 
Activities.
    (c) Overall Budget Coordination.--The Director is the central point 
of contact in the Department of Defense for budget coordination with 
the Deputy Director of Central Intelligence for Community Management 
relating to the development and submission of the National Foreign 
Intelligence Program for any fiscal year.

SEC. 425. STAFF.

    The Director of Military Intelligence shall have a staff sufficient 
to enable the Director to carry out the functions of the Director, 
including responsibilities with respect to budget development, 
planning, programming, and coordination. The Director shall ensure that 
the staff acts in a coordinated and corporate way with the Community 
Management Staff and the Infrastructure Support Office.

                  Subtitle C--The Military Departments

SEC. 441. INTELLIGENCE CAPABILITIES OF THE MILITARY DEPARTMENTS.

    (a) Requirement for Maintenance of Capabilities.--Under the 
direction of the Secretary of Defense, the Secretaries of the military 
departments shall maintain sufficient capabilities to collect and 
produce intelligence to meet--
            (1) the requirements of the Director of Central 
        Intelligence;
            (2) the requirements of the Secretary of Defense or the 
        Chairman of the Joint Chiefs of Staff; and
            (3) the specialized requirements of the military 
        departments for intelligence necessary to support--
                    (A) tactical commanders;
                    (B) military planners;
                    (C) the research and development process;
                    (D) the acquisition of military equipment; and
                    (E) training and doctrine.
    (b) Level and Form of Capabilities To Be Maintained.--The 
Secretaries of the military departments shall ensure that the 
capabilities maintained pursuant to subsection (a) do not exceed that 
which is necessary to satisfy the requirements of their respective 
departments. To the extent feasible, the Secretaries shall provide for 
such capabilities to be maintained jointly and in the most efficient 
and cost-effective form.

                   Subtitle D--Planning and Budgeting

SEC. 451. JOINT MILITARY INTELLIGENCE PROGRAM.

    (a) In General.--The Joint Military Intelligence Program consists 
of those programs, projects, and activities of the Department of 
Defense that are intended to provide intelligence, surveillance, and 
reconnaissance capabilities that support multiple defense-wide or joint 
theater-level consumers.
    (b) Components.--The Joint Military Intelligence Program includes 
the programs, projects, and activities that as of the date of the 
enactment of this Act are designated as follows:
            (1) The Defense Imagery Program.
            (2) The Defense Cryptologic Program.
            (3) The Defense Mapping, Charting, and Geodesy Program.
            (4) The Defense General Intelligence Applications Program, 
        including--
                    (A) the Defense Airborne Reconnaissance Program;
                    (B) the Defense Space Reconnaissance Program;
                    (C) the Defense Intelligence Counterdrug Program;
                    (D) the Defense Intelligence Tactical Program; and
                    (E) the Defense Intelligence Special Technologies 
                Program.
    (c) Additional Components.--The Joint Military Intelligence Program 
includes such additional programs, projects, and activities as are 
specified by law or are designated by the Secretary of Defense.

SEC. 452. TACTICAL INTELLIGENCE AND RELATED ACTIVITIES (TIARA).

    (a) In General.--The set of programs, projects, and activities in 
the Department of Defense referred to as Tactical Intelligence and 
Related Activities are those programs, projects, and activities of the 
Department of Defense that--
            (1) provide intelligence, surveillance, and reconnaissance 
        capabilities that are unique to one of the military services; 
        and
            (2) are part of a force structure organic to one of the 
        military services at the component level and below.
    (b) Included Personnel Activities.--Those activities include 
activities that train personnel for intelligence duties or provide an 
intelligence reserve.
    (c) Certain Weapons Targeting Programs Excluded.--Those activities 
do not include programs that are so closely integrated with a weapons 
system that their primary function is to provide immediate-use 
targeting data.

SEC. 453. NOTICE TO CONGRESS OF CHANGES IN JMIP AND TIARA.

    The Secretary of Defense may not add to or remove program elements 
from (other than a change provided by law) the Joint Military 
Intelligence Program or the Tactical Intelligence and Related 
Activities aggregation for any fiscal year unless the Secretary 
included notice of the proposed change with the budget justification 
materials submitted to the congressional intelligence committees for 
the preceding fiscal year. The Secretary shall include with any such 
notice a statement providing an explanation and justification for the 
proposed change.

 TITLE V--DEPARTMENT OF DEFENSE AGENCIES IN THE INTELLIGENCE COMMUNITY

                Subtitle A--Defense Intelligence Agency

SEC. 501. DEFENSE INTELLIGENCE AGENCY GENERALLY.

    (a) In General.--There is within the Department of Defense a 
Defense Agency designated as the Defense Intelligence Agency. The 
Director of Military Intelligence is the head of the Defense 
Intelligence Agency.
    (b) Supervision.--The Director of Military Intelligence shall carry 
out the Director's responsibilities as head of the Defense Intelligence 
Agency under the direction of the Secretary of Defense and subject to 
the authority and guidance of the Director of Central Intelligence for 
those activities that support national intelligence requirements.

SEC. 502. FUNCTIONS OF THE DEFENSE INTELLIGENCE AGENCY.

    (a) Production.--The Director of Military Intelligence, in the 
Director's capacity as head of the Defense Intelligence Agency, shall 
produce timely, objective military and military-related intelligence, 
independent of political considerations or bias and based upon all 
sources available to the Intelligence Community.
    (b) Dissemination of Intelligence.--The Director shall ensure the 
appropriate dissemination of intelligence produced pursuant to 
subsection (a) to authorized recipients.
    (c) Management of Joint Intelligence Center.--The Director shall 
manage the Joint Intelligence Center as provided by section 923 of 
Public Law 102-190 (10 U.S.C. 201 note; 105 Stat. 1453).
    (d) Coordination.--The Director shall coordinate the exercise 
pursuant to section 924 of Public Law 102-190 (10 U.S.C. 113 note; 105 
Stat. 1454) of national intelligence collections systems and 
exploitation organizations that would be used to provide intelligence 
support, including support of the combatant commands, during a crisis 
or conflict.
    (e) Defense Attache System.--The Director shall manage the Defense 
Attache system.
    (f) Additional Functions.--The Director shall perform such 
additional services of common concern to the intelligence elements of 
the Department of Defense as the Secretary of Defense determines can be 
more efficiently accomplished centrally.

                Subtitle B--Technical Collection Agency

SEC. 521. ESTABLISHMENT OF TECHNICAL COLLECTION AGENCY.

    (a) Establishment of Agency.--There is within the Department of 
Defense a Defense Agency designated as the Technical Collection Agency. 
The mission of the Technical Collection Agency is to collect, and to 
carry out exploitation of, all forms of intelligence other than human 
intelligence and open-source intelligence, including the following:
            (1) Sigint.--Signals Intelligence.
            (2) Imint.--Imagery Intelligence.
            (3) Masint.--Measurement and Signatures Intelligence.
    (b) Director.--The Director of the Technical Collection Agency may 
be a civilian employee of the Department of Defense or an officer of 
the Armed Forces on active duty. If the Director is a civilian, or an 
officer of the Armed Forces in a grade below lieutenant general or vice 
admiral, the Director shall be appointed by the Secretary of Defense, 
with the concurrence of the Director of Central Intelligence. If the 
Director is an officer of the Armed Forces to be appointed by the 
President under section 601 of title 10, United States Code, to serve 
as Director in the grade of lieutenant general or vice admiral (or 
above), the Secretary of Defense may submit a recommendation to the 
President for such appointment only with the concurrence of the 
Director of Central Intelligence.
    (c) Supervision of Director.--The Director carries out the 
Director's duties under the direction of the Secretary of Defense. The 
Director's duties include supporting requirements for national 
intelligence, and the Director shall carry out those duties subject to 
tasking by the Director of Central Intelligence.

SEC. 522. SIGINT, IMINT, AND MASINT FUNCTIONS.

    The Director of the Technical Collection Agency shall be 
responsible for--
            (1) the establishing and giving direction for the conduct 
        of technical collection intelligence activities, including 
        signals intelligence (SIGINT), imagery intelligence (IMINT), 
        and measurement and signatures intelligence (MASINT);
            (2) the first-phase (or initial) exploitation of the 
        results of such collection;
            (3) the dissemination of the product of such collection in 
        a timely manner to authorized recipients within the Government; 
        and
            (4) the development of processing and exploitation 
        technologies to support these functions.

SEC. 523. RECONNAISSANCE SYSTEMS.

    The Director of the Technical Collection Agency shall serve as the 
sole agent within the Intelligence Community for--
            (1) the specification of technical requirements for such 
        reconnaissance systems as may be needed to meet the signals 
        intelligence, imagery intelligence, and measurement and 
        signatures intelligence collection requirements of the 
        Intelligence Community; and
            (2) the operation and final disposition of such systems.

SEC. 524. APPLICABLE STATUTES.

    Any reference to the National Security Agency in any provision of 
law, or in any directive, rule, regulation, order, or other document of 
the United States, shall be treated for all purposes as referring to 
the Technical Collection Agency.

               Subtitle C--Technology Development Office

SEC. 531. ESTABLISHMENT OF THE TECHNOLOGY DEVELOPMENT OFFICE.

    (a) Establishment.--There is within the Department of Defense a 
Technology Development Office, which shall be headed by a Director.
    (b) Director.--The Director of the Technology Development Office 
may be a civilian employee of the Department of Defense or an officer 
of the Armed Forces on active duty. If the Director is a civilian, or 
an officer of the Armed Forces in a grade below lieutenant general or 
vice admiral, the Director shall be appointed by the Secretary of 
Defense, with the concurrence of the Director of Central Intelligence. 
If the Director is an officer of the Armed Forces to be appointed by 
the President under section 601 of title 10, United States Code, to 
serve as Director in the grade of lieutenant general or vice admiral 
(or above), the Secretary of Defense may submit a recommendation to the 
President for such appointment only with the concurrence of the 
Director of Central Intelligence.
    (c) Military Officer Serving as Director.--If the position of 
Director of the Technology Development Office is held by an officer of 
the Armed Forces on the active-duty list, the officer while so serving 
shall hold the grade of lieutenant general or vice admiral.
    (d) Supervision.--The Director of the Technology Development Office 
carries out the Director's duties subject to the direction of the 
Secretary of Defense. The Director shall carry out those duties to 
support the needs for national intelligence and is subject to tasking 
by the Director of Central Intelligence.

SEC. 532. RESPONSIBILITIES FOR SATELLITE RECONNAISSANCE SYSTEMS.

    The Director of the Technology Development Office shall 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.

SEC. 533. ACQUISITION AND OPERATION OF OTHER RECONNAISSANCE AND SENSOR 
              SYSTEMS.

    The Director of the Technology Development Office shall function as 
the primary agent within the Intelligence Community for the conduct of 
research, development, test, evaluation and for procurement of 
reconnaissance, surveillance, and sensor systems, including airborne 
and maritime reconnaissance capabilities within the National Foreign 
Intelligence Program and the Joint Military Intelligence Program.

SEC. 534. APPLICABLE LAWS.

    The provisions of section 8 of the Central Intelligence Agency Act 
of 1949 (50 U.S.C. 403j) shall apply to the funds appropriated for the 
Technology Development Office through the National Foreign Intelligence 
Program in the same manner as those provisions apply to funds 
appropriated for the Central Intelligence Agency.

 TITLE VI--NATIONAL SECURITY COUNCIL AND RELATED BOARDS AND COMMITTEES

SEC. 601. RECODIFICATION OF LAWS RELATING TO NATIONAL SECURITY COUNCIL 
              AND RELATED BOARDS AND COMMITTEES IN EXECUTIVE OFFICE OF 
              THE PRESIDENT.

    Title I of the National Security Act of 1947 is amended by striking 
out the title heading and sections 101 through 107 and inserting in 
lieu thereof the following:

 ``TITLE I--NATIONAL SECURITY COUNCIL AND RELATED BOARDS AND COMMITTEES

``SEC. 101. NATIONAL SECURITY COUNCIL.

    ``(a) In General.--There is in the Executive Office of the 
President the National Security Council. The Council is composed of the 
following:
            ``(1) The President.
            ``(2) The Vice President.
            ``(3) The Secretary of State.
            ``(4) The Secretary of Defense.
    ``(b) Additional Participants.--Subject to the direction of the 
President, the following officers may attend and participate in 
meetings of the National Security Council:
            ``(1) Director of central intelligence.--The Director of 
        Central Intelligence (or, in the Director's absence, a Deputy 
        Director of Central Intelligence), in the performance of the 
        Director's duties under this Act and the Intelligence Community 
        Act.
            ``(2) Chairman of the joint chiefs of staff.--The Chairman 
        (or, in the Chairman's 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 control policy.--The 
        Director of National Drug Control Policy, in the Director's 
        role as principal adviser to the National Security Council on 
        national drug control policy, but only through the date 
        specified in section 1009 of the National Narcotics Leadership 
        Act of 1988 (21 U.S.C. 1506).
            ``(4) Others designated by the president.--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, foreign, and 
military policies relating to the national security so as to enable the 
military services and the other departments and agencies of the 
Government to cooperate more effectively in matters involving the 
national security. In addition to performing such other functions as 
the President may direct, the Council (subject to the direction of the 
President) shall, for the purpose of more effectively coordinating the 
policies and functions of the departments and agencies of the 
Government relating to the national security--
            ``(1) assess and appraise the objectives, commitments, and 
        risks of the United States in relation to our actual and 
        potential military power, in the interest of national security, 
        for the purpose of making 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 recommendations to the President 
        in connection therewith.
    ``(d) Recommendations and Reports.--The Council shall, from time to 
time, make such recommendations and such other reports to the President 
as it considers appropriate or as the President may require.
    ``(e) Staff.--The Council shall have a staff to be headed by a 
civilian executive secretary who shall be 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 perform such duties as may be 
prescribed by the Council in connection with the performance of its 
functions.

``SEC. 104. BOARD FOR LOW INTENSITY CONFLICT.

    ``(a) Establishment of Board.--The President shall establish within 
the National Security Council a board to be known as the `Board for Low 
Intensity Conflict'.
    ``(b) Function.--The principal function of the board shall be to 
coordinate the policies of the United States for low intensity 
conflict.

``SEC. 105. NATIONAL COUNTERINTELLIGENCE POLICY BOARD.

    ``(a) Establishment of Board.--There is within the executive branch 
of the Government a National Counterintelligence Policy Board. The 
Board shall report to the President through the National Security 
Council.
    ``(b) Function of the Board.--The Board shall serve as the 
principal mechanism for--
            ``(1) developing policies and procedures for the approval 
        of the President to govern the conduct of counterintelligence 
        activities; and
            ``(2) resolving conflicts, as directed by the President, 
        which may arise between elements of the Government which carry 
        out such activities.''.

SEC. 602. COMMITTEE ON FOREIGN INTELLIGENCE.

    Title I of the National Security Act of 1947, as amended by section 
601, is further amended by inserting after section 101 the following 
new section 103:

``SEC. 103. COMMITTEE ON FOREIGN INTELLIGENCE.

    ``(a) Establishment of Committee.--There is established within the 
National Security Council a Committee on Foreign Intelligence. The 
Committee shall be composed of the following:
            ``(1) The Assistant to the President for National Security 
        Affairs, who shall serve as chairman of the Committee.
            ``(2) The following officers or their respective deputies:
                    ``(A) The Director of Central Intelligence.
                    ``(B) The Secretary of State.
                    ``(C) The Secretary of Defense.
                    ``(D) The Attorney General.
                    ``(E) The Chairman of the Joint Chiefs of Staff.
            ``(3) Such other members as the President may designate.
    ``(b) Function.--The function of the Committee on Foreign 
Intelligence shall be--
            ``(1) to establish, consistent with the policy and 
        objectives of the President, the overall requirements and 
        priorities for the Intelligence Community; and
            ``(2) to assess regularly, on behalf of the President, how 
        effectively the Intelligence Community has performed its 
        responsibilities under this Act and the Intelligence Community 
        Act.
    ``(c) Semiannual Strategic Intelligence Review Process With 
Congress.--Not less often than every six months, the Committee on 
Foreign Intelligence shall convene a meeting with the members of the 
congressional intelligence committees to conduct a comprehensive, 
global strategic intelligence review. Each semiannual meeting shall 
review significant strategic intelligence trends, strategic 
intelligence reporting, and anticipated Intelligence Community 
requirements for the following six to twelve months.''.

SEC. 603. PROHIBITION OF DIRECT PARTICIPATION BY NATIONAL SECURITY 
              COUNCIL STAFF IN EXECUTION OF INTELLIGENCE OPERATIONS.

    Title I of the National Security Act of 1947, as amended by 
sections 601 and 602, is further amended by inserting after section 101 
the following new section 102:

``SEC. 102. PROHIBITION OF DIRECT PARTICIPATION BY NSC STAFF IN 
              EXECUTION OF INTELLIGENCE OPERATIONS.

    ``An employee of, or an individual detailed or assigned to the 
staff of, the National Security Council may not participate directly in 
the execution of an intelligence operation.''.

             TITLE VII--TECHNICAL AND CONFORMING AMENDMENTS

  Subtitle A--Amendments Related to Creation of Technical Collection 
                                 Agency

SEC. 701. ROLE AS DEFENSE AGENCY.

    (a) Oversight of Defense Agencies by Secretary of Defense.--Section 
192 of title 10, United States Code, is amended by striking out 
``National Security Agency'' each place it appears in subsections(a)(3) 
and (c))(2) and inserting in lieu thereof ``Technical Collection 
Agency''.
    (b) Status as Combat Support Agency.--Section 193 of title 10, 
United States Code, is amended--
            (1) by striking out ``National Security Agency'' each place 
        it appears and inserting in lieu thereof ``Technical Collection 
        Agency'';
            (2) by striking out ``National Security Agency'' in the 
        heading for subsection (d) and inserting in lieu thereof 
        ``Technical Collection Agency''; and
            (3) by striking out ``NSA'' in the heading for subsection 
        (e) and inserting in lieu thereof ``TCA''.
    (c) Applicability of Personnel Limitations.--Section 194(d) of 
title 10, United States Code, is amended by striking out ``Exclusion'' 
and all that follows through ``shall'' and inserting in lieu thereof 
``Exclusion of TCA.--The Technical Collection Agency shall''.

SEC. 702. RESTATEMENT OF NATIONAL SECURITY AGENCY ACT OF 1959.

    The National Security Agency Act of 1959 (50 U.S.C. 402 note) is 
amended to read as follows:

``SECTION 1. SHORT TITLE.

    ``This Act may be cited as the `Technical Collection Agency Act of 
1996'.

``SEC. 2. GENERAL PERSONNEL AUTHORITY.

    ``(a) Authority To Establish Positions and Appoint Employees.--The 
Secretary of Defense--
            ``(1) may establish such positions in the Technical 
        Collection Agency as may be necessary to carry out the 
        functions of such agency; and
            ``(2) may appoint thereto, without regard to the civil 
        service laws, officers and employees.
    ``(b) Pay.--The rates of basic pay for such positions shall be 
fixed by the Secretary of Defense in relation to the rates of basic pay 
provided for in subpart D of part III of title 5, United States Code, 
for positions subject to that title which have corresponding levels of 
duties and responsibilities. Except as otherwise provided by law, no 
officer or employee of the Technical Collection Agency may be paid 
basic pay at a rate in excess of the maximum rate payable under section 
5376 of such title, and not more than 70 such officers and employees 
may be paid within the range of rates authorized in section 5376 of 
such title.

``SEC. 3. OTHER COMPENSATION, BENEFITS, INCENTIVES, AND ALLOWANCES.

    ``The Secretary of Defense may provide officers and employees of 
the Technical Collection Agency compensation (in addition to basic 
pay), benefits, incentives, and allowances which are consistent with, 
and do not exceed the levels authorized for, such compensation, 
benefits, incentives, or allowances by title 5, United States Code.

``SEC. 4. PROFESSIONAL ENGINEERING AND SCIENTIFIC POSITIONS.

    ``(a) Authority To Establish Positions.--The Secretary of Defense 
may--
            ``(1) establish in the Technical Collection Agency (A) 
        professional engineering positions primarily concerned with 
        research and development, and (B) professional positions in the 
        physical and natural sciences, medicine, and cryptology; and
            ``(2) fix the respective rates of pay of such positions at 
        rates equal to rates of basic pay contained in grades 16, 17, 
and 18 of the General Schedule set forth in section 5332 of title 5, 
United States Code.
    ``(b) Applicability of Maximum Number for Whom Pay Rates May Be 
Paid.--Officers and employees appointed to positions established under 
this section shall be in addition to the number of officers and 
employees appointed to positions under section 2 of this Act who may be 
paid at rates equal to rates of basic pay contained in grades 16, 17, 
and 18 of the General Schedule.

``SEC. 5. AUTHORITY FOR ADDITIONAL COMPENSATION FOR CERTAIN EMPLOYEES.

    ``Officers and employees of the Technical Collection Agency who are 
citizens or nationals of the United States may be granted additional 
compensation, in accordance with regulations which shall be prescribed 
by the Secretary of Defense, not in excess of additional compensation 
authorized by section 5941 of title 5, United States Code, for 
employees whose rates of basic compensation are fixed by statute.

``SEC. 6. PROTECTION OF IDENTITIES OF EMPLOYEES.

    ``(a) Nondisclosure of Organization, Functions, or Personnel of 
Agency.--Except as provided in subsection (b), nothing in this Act or 
any other law shall be construed to require the disclosure of the 
organization or any function of the Technical Collection Agency, of any 
information with respect to the activities thereof, or of the names, 
titles, salaries, or number of the persons employed by such agency.
    ``(b) Applicability of Certain Reporting Requirements.--The 
reporting requirements of section 1582 of title 10, United States Code, 
shall apply to positions established in the Technical Collection Agency 
in the manner provided by section 4 of this Act.

``SEC. 7. AUTHORITY TO LEASE REAL PROPERTY OUTSIDE THE UNITED STATES.

    ``(a) Authority.--Notwithstanding section 322 of the Act of June 
30, 1932 (40 U.S.C. 278a), section 5536 of title 5, United States Code, 
and section 2675 of title 10, United States Code, the Director of the 
Technical Collection Agency, on behalf of the Secretary of Defense, may 
lease real property outside the United States, for periods not 
exceeding ten years, for the use of the Technical Collection Agency for 
special cryptologic activities and for housing for personnel assigned 
to such activities.
    ``(b) Limitation to Appropriated Funds.--The authority of the 
Director of the Technical Collection Agency, on behalf of the Secretary 
of Defense, to make payments under subsection (a), and under contracts 
for leases entered into under subsection (a), is effective for any 
fiscal year only to the extent that appropriated funds are available 
for such purpose.

``SEC. 8. BENEFITS FOR PERSONNEL ASSIGNED TO SPECIAL CRYPTOLOGIC 
              ACTIVITIES OUTSIDE THE UNITED STATES.

    ``(a) Authority To Provide Certain Benefits.--The Director of the 
Technical Collection Agency, on behalf of the Secretary of Defense, may 
provide to certain civilian and military personnel of the Department of 
Defense who are assigned to special cryptologic activities outside the 
United States and who are designated by the Secretary of Defense for 
the purposes of this subsection the following:
            ``(1) Allowances and benefits--
                    ``(A) comparable to those provided by the Secretary 
                of State to members of the Foreign Service under 
                chapter 9 of title I of the Foreign Service Act of 1980 
                (22 U.S.C. 4081 et seq.) or any other provision of law; 
                and
                    ``(B) in the case of selected personnel serving in 
                circumstances similar to those in which personnel of 
                the Central Intelligence Agency serve, comparable to 
                those provided by the Director of Central Intelligence 
                to personnel of the Central Intelligence Agency.
            ``(2) Housing (including heat, light, and household 
        equipment) without cost to such personnel, if the Director of 
        the Technical Collection Agency, on behalf of the Secretary of 
        Defense, determines that it would be in the public interest to 
        provide such housing.
            ``(3) Special retirement accrual in the same manner 
        provided in section 303 of the Central Intelligence Agency 
        Retirement Act (50 U.S.C. 2153) and in section 18 of the 
        Central Intelligence Agency Act of 1949.
    ``(b) Limitation to Appropriated Funds.--The authority of the 
Director of the Technical Collection Agency, on behalf of the Secretary 
of Defense, to make payments under subsection (a) is effective for any 
fiscal year only to the extent that appropriated funds are available 
for such purpose.
    ``(c) Prohibition of Duplication of Benefits.--Members of the Armed 
Forces may not receive benefits under both subsection (a)(1) and title 
37, United States Code, for the same purpose. The Secretary of Defense 
shall prescribe such regulations as may be necessary to carry out this 
subsection.
    ``(d) Regulations.--Regulations prescribed under subsection (a)(1) 
shall be submitted to the Permanent Select Committee on Intelligence of 
the House of Representatives and the Select Committee on Intelligence 
of the Senate before such regulations take effect.

``SEC. 9. LANGUAGE TRAINING FOR CRYPTOLOGIC PERSONNEL.

    ``(a) Language Training Programs.--The Director of the Technical 
Collection Agency shall arrange for, and shall prescribe regulations 
concerning, language and language-related training programs for 
military and civilian cryptologic personnel. In establishing programs 
under this section for language and language-related training, the 
Director--
            ``(1) may provide for the training and instruction to be 
        furnished, including functional and geographic area 
        specializations;
            ``(2) may arrange for training and instruction through 
        other Government agencies and, in any case in which appropriate 
        training or instruction is unavailable through Government 
        facilities, through nongovernmental facilities that furnish 
        training and instruction useful in the fields of language and 
        foreign affairs;
            ``(3) may support programs that furnish necessary language 
        and language-related skills, including, in any case in which 
        appropriate programs are unavailable at Government facilities, 
        support through contracts, grants, or cooperation with 
        nongovernmental educational institutions; and
            ``(4) may obtain by appointment or contract the services of 
        individuals to serve as language instructors, linguists, or 
        special language project personnel.
    ``(b) Foreign Language Proficiency Incentives.--(1) In order to 
maintain necessary capability in foreign language skills and related 
abilities needed by the Technical Collection Agency, the Director, 
without regard to subchapter IV of chapter 55 of title 5, United States 
Code, may provide special monetary or other incentives to encourage 
civilian cryptologic personnel of the Agency to acquire or retain 
proficiency in foreign languages or special related abilities needed by 
the Agency.
    ``(2) In order to provide linguistic training and support for 
cryptologic personnel, the Director--
            ``(A) may pay all or part of the tuition and other expenses 
        related to the training of personnel who are assigned or 
        detailed for language and language-related training, 
        orientation, or instruction; and
            ``(B) may pay benefits and allowances to civilian personnel 
        in accordance with chapters 57 and 59 of title 5, United States 
        Code, and to military personnel in accordance with chapter 7 of 
        title 37, United States Code, and applicable provisions of 
        title 10, United States Code, when such personnel are assigned 
        to training at sites away from their designated duty station.
    ``(c) Cryptologic Linguist Reserve.--(1) To the extent not 
inconsistent, in the opinion of the Secretary of Defense, with the 
operation of military cryptologic reserve units and in order to 
maintain necessary capability in foreign language skills and related 
abilities needed by the Technical Collection Agency, the Director may 
establish a Cryptologic Linguist Reserve.
    ``(2) The Cryptologic Linguist Reserve may consist of former or 
retired civilian or military cryptologic personnel of the Technical 
Collection Agency and of other qualified individuals, as determined by 
the Director of the Agency. Each member of the Cryptologic Linguist 
Reserve shall agree that, during any period of emergency (as determined 
by the Director), the member shall return to active civilian status 
with the Technical Collection Agency and shall perform such linguistic 
or linguistic-related duties as the Director may assign.
    ``(3) In order to attract individuals to become members of the 
Cryptologic Linguist Reserve, the Director, without regard to 
subchapter IV of chapter 55 of title 5, United States Code, may provide 
special monetary incentives to individuals eligible to become members 
of the reserve who agree to become members of the cryptologic linguist 
reserve and to acquire or retain proficiency in foreign languages or 
special related abilities.
    ``(4) In order to provide training and support for members of the 
Cryptologic Linguist Reserve, the Director--
            ``(A) may pay all or part of the tuition and other expenses 
        related to the training of individuals in the Cryptologic 
        Linguist Reserve who are assigned or detailed for language and 
        language-related training, orientation, or instruction; and
            ``(B) may pay benefits and allowances in accordance with 
        chapters 57 and 59 of title 5, United States Code, to 
        individuals in the Cryptologic Linguist Reserve who are 
        assigned to training at sites away from their homes or regular 
        places of business.
    ``(d) Service Agreements.--(1) The Director, before providing 
training under this section to any individual, may obtain an agreement 
with that individual that--
            ``(A) in the case of current employees, pertains to 
        continuation of service of the employee, and repayment of the 
        expenses of such training for failure to fulfill the agreement, 
        consistent with the provisions of section 4108 of title 5, 
        United States Code; and
            ``(B) in the case of individuals accepted for membership in 
        the Cryptologic Linguist Reserve, pertains to return to service 
        when requested, and repayment of the expenses of such training 
        for failure to fulfill the agreement, consistent with the 
        provisions of section 4108 of title 5, United States Code.
    ``(2) The Director, under regulations prescribed under this 
section, may waive, in whole or in part, a right of recovery under an 
agreement made under this subsection if it is shown that the recovery 
would be against equity and good conscience or against the public 
interest.
    ``(e) Language Training for Family Members.--(1) Subject to 
paragraph (2), the Director may provide to family members of military 
and civilian cryptologic personnel assigned to representational duties 
outside the United States, in anticipation of the assignment of such 
personnel outside the United States or while outside the United States, 
appropriate orientation and language training that is directly related 
to the assignment abroad.
    ``(2) Language training under paragraph (1) may not be provided to 
any individual through payment of the expenses of tuition or other cost 
of instruction at a non-Government educational institution unless 
appropriate instruction is not available at a Government facility.
    ``(f) Waiver Authority.--The Director may waive the applicability 
of any provision of chapter 41 of title 5, United States Code, to any 
provision of this section if he finds that such waiver is important to 
the performance of cryptologic functions.
    ``(g) Limitation to Appropriated Funds.--The authority of the 
Director to enter into contracts or to make grants under this section 
is effective for any fiscal year only to the extent that appropriated 
funds are available for such purpose.
    ``(h) Regulations.--Regulations prescribed under this section shall 
be submitted to the Permanent Select Committee on Intelligence of the 
House of Representatives and the Select Committee on Intelligence of 
the Senate before such regulations take effect.
    ``(i) Travel and Transportation Expenses in Connection With 
Training Outside the United States.--The Director of the Technical 
Collection Agency, on behalf of the Secretary of Defense, may, without 
regard to section 4109(a)(2)(B) of title 5, United States Code, pay 
travel, transportation, storage, and subsistence expenses under chapter 
57 of such title to civilian and military personnel of the Department 
of Defense who are assigned to duty outside the United States for a 
period of one year or longer which involves cryptologic training, 
language training, or related disciplines.

``SEC. 10. PROTECTION OF FACILITIES BY GENERAL SERVICES ADMINISTRATION.

    ``The Administrator of General Services, upon the application of 
the Director of the Technical Collection Agency, may provide for the 
protection in accordance with section 3 of the Act of June 1, 1948 (40 
U.S.C. 318b), of certain facilities (as designated by the Director of 
such Agency) which are under the administration and control of, or are 
used by, the Technical Collection Agency in the same manner as if such 
facilities were property of the United States over which the United 
States has acquired exclusive or concurrent criminal jurisdiction.

``SEC. 11. SENIOR CRYPTOLOGIC EXECUTIVE SERVICE.

    ``(a) Authority To Establish SCES.--(1) The Secretary of Defense 
(or his designee) may by regulation establish a personnel system for 
senior civilian cryptologic personnel in the Technical Collection 
Agency to be known as the Senior Cryptologic Executive Service. The 
regulations establishing the Senior Cryptologic Executive Service shall 
do the following:
            ``(A) Meet the requirements set forth in section 3131 of 
        title 5, United States Code, for the Senior Executive Service.
            ``(B) Provide that positions in the Senior Cryptologic 
        Executive Service meet requirements that are consistent with 
        the provisions of section 3132(a)(2) of such title.
            ``(C) Provide, without regard to section 2, rates of pay 
        for the Senior Cryptologic Executive Service that are not in 
        excess of the maximum rate or less than the minimum rate of 
        basic pay established for the Senior Executive Service under 
        section 5382 of such title, and that are adjusted at the same 
        time and to the same extent as rates of basic pay for the 
        Senior Executive Service are adjusted.
            ``(D) Provide a performance appraisal system for the Senior 
        Cryptologic Executive Service that conforms to the provisions 
        of subchapter II of chapter 43 of such title.
            ``(E) Provide for removal consistent with section 3592 of 
        such title, and removal or suspension consistent with 
        subsections (a), (b), and (c) of section 7543 of such title 
        (except that any hearing or appeal to which a member of the 
        Senior Cryptologic Executive Service is entitled shall be held 
        or decided pursuant to procedures established by regulations of 
        the Secretary of Defense).
            ``(F) Permit the payment of performance awards to members 
        of the Senior Cryptologic Executive Service consistent with the 
        provisions applicable to performance awards under section 5384 
        of such title.
            ``(G) Provide that members of the Senior Cryptologic 
        Executive Service may be granted sabbatical leaves consistent 
        with the provisions of section 3396(c) of such title.
            ``(H) Provide for the recertification of members of the 
        Senior Cryptologic Executive Service consistent with the 
        provisions of section 3393a of such title.
    ``(2) Except as otherwise provided in subsection (a), the Secretary 
of Defense may--
            ``(A) make applicable to the Senior Cryptologic Executive 
        Service any of the provisions of title 5, United States Code, 
        applicable to applicants for or members of the Senior Executive 
        Service; and
            ``(B) appoint, promote, and assign individuals to positions 
        established within the Senior Cryptologic Executive Service 
        without regard to the provisions of title 5, United States 
        Code, governing appointments and other personnel actions in the 
        competitive service.
    ``(3) The President, based on the recommendations of the Secretary 
of Defense, may award ranks to members of the Senior Cryptologic 
Executive Service in a manner consistent with the provisions of section 
4507 of title 5, United States Code.
    ``(4) Notwithstanding any other provision of this section, the 
Director of the Technical Collection Agency may detail or assign any 
member of the Senior Cryptologic Executive Service to serve in a 
position outside the Technical Collection Agency in which the member's 
expertise and experience may be of benefit to the Technical Collection 
Agency or another Government agency. Any such member shall not by 
reason of such detail or assignment lose any entitlement or status 
associated with membership in the Senior Cryptologic Executive Service.
    ``(b) Merit Pay System.--The Secretary of Defense may by regulation 
establish a merit pay system for such employees of the Technical 
Collection Agency as the Secretary of Defense considers appropriate. 
The merit pay system shall be designed to carry out purposes consistent 
with those set forth in section 5401(a) of title 5, United States Code.
    ``(c) Limitation on Total Compensation.--Nothing in this section 
shall be construed to allow the aggregate amount payable to a member of 
the Senior Cryptologic Executive Service under this section during any 
fiscal year to exceed the annual rate payable for positions at level I 
of the Executive Schedule in effect at the end of such year.

``SEC. 12. GRANTS FOR CRYPTOLOGIC RESEARCH.

    ``(a) Grant Authority.--The Director of the Technical Collection 
Agency may make grants to private individuals and institutions for the 
conduct of cryptologic research. An application for a grant under this 
section may not be approved unless the Director determines that the 
award of the grant would be clearly consistent with the national 
security.
    ``(b) Applicable Law.--The grant program established by subsection 
(a) shall be conducted in accordance with the Federal Grant and 
Cooperative Agreement Act of 1977 (41 U.S.C. 501 et seq.) to the extent 
that such Act is consistent with and in accordance with section 6 of 
this Act.
    ``(c) Limitation to Appropriated Funds.--The authority of the 
Director to make grants under this section is effective for any fiscal 
year only to the extent that appropriated funds are available for such 
purpose.

``SEC. 13. AVAILABILITY OF CERTAIN APPROPRIATIONS.

    ``Funds appropriated to an entity of the Federal Government other 
than an element of the Department of Defense that have been 
specifically appropriated for the purchase of cryptologic equipment, 
materials, or services with respect to which the Technical Collection 
Agency has been designated as the central source of procurement for the 
Government shall remain available for a period of three fiscal years.

``SEC. 14. PROTECTION OF AGENCY NAME FROM UNAUTHORIZED USE.

    ``(a) Prohibition on Unauthorized Use.--No person may, except with 
the written permission of the Director of the Technical Collection 
Agency, knowingly use the words `Technical Collection Agency', the 
initials `TCA', the seal of the Technical Collection Agency, or any 
colorable imitation of such words, initials, or seal in connection with 
any merchandise, impersonation, solicitation, or commercial activity in 
a manner reasonably calculated to convey the impression that such use 
is approved, endorsed, or authorized by the Technical Collection 
Agency.
    ``(b) Enforcement.--Whenever it appears to the Attorney General 
that any person is engaged or is about to engage in an act or practice 
which constitutes or will constitute conduct prohibited by subsection 
(a), the 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 the hearing and determination 
of such action and may, at any time before final determination, enter 
such restraining orders or prohibitions, or take such other action as 
is warranted, to prevent injury to the United States or to any person 
or class of persons for whose protection the action is brought.

``SEC. 15. RECRUITMENT OF QUALIFIED PERSONNEL.

    ``(a) Purpose.--The purpose of this section is to establish an 
undergraduate training program, which may lead to the baccalaureate 
degree, to facilitate the recruitment of individuals, particularly 
minority high school students, with a demonstrated capability to 
develop skills critical to the mission of the Technical Collection 
Agency, including mathematics, computer science, engineering, and 
foreign languages.
    ``(b) Assignment of Civilian Employees.--The Secretary of Defense 
may, in the Secretary's discretion, assign civilian employees of the 
Technical Collection Agency as students at accredited professional, 
technical, and other institutions of higher learning for training at 
the undergraduate level in skills critical to effective performance of 
the mission of the Agency.
    ``(c) Limitation to Appropriated Funds.--The Technical Collection 
Agency may pay, directly or by reimbursement to employees, expenses 
incident to assignments under subsection (b), in any fiscal year only 
to the extent that appropriated funds are available for such purpose.
    ``(d) Employee Agreement.--(1) To be eligible for assignment under 
subsection (b), an employee of the Agency must agree in writing to the 
following:
            ``(A) To continue in the service of the Agency for the 
        period of the assignment and to complete the educational course 
        of training for which the employee is assigned.
            ``(B) To continue in the service of the Agency following 
        completion of the assignment for a period of one-and-a-half 
        years for each year of the assignment or part thereof.
            ``(C) To reimburse the United States for the total cost of 
        education (excluding the employee's pay and allowances) 
        provided under this section to the employee if, before the 
        employee's completing the educational course of training for 
        which the employee is assigned, the assignment or the 
        employee's employment with the Agency is terminated either by 
        the Agency due to misconduct by the employee or by the employee 
        voluntarily.
            ``(D) To reimburse the United States if, after completing 
        the educational course of training for which the employee is 
        assigned, the employee's employment with the Agency is 
        terminated either by the Agency due to misconduct by the 
        employee or by the employee voluntarily, before the employee's 
        completion of the service obligation period described in 
        subparagraph (B), in an amount that bears the same ratio to the 
        total cost of the education (excluding the employee's pay and 
        allowances) provided to the employee as the unserved portion of 
        the service obligation period described in subparagraph (B) 
        bears to the total period of the service obligation described 
        in subparagraph (B).
    ``(2) Subject to paragraph (3), the obligation to reimburse the 
United States under an agreement described in paragraph (1), including 
interest due on such obligation, is for all purposes a debt owing the 
United States.
    ``(3)(A) A discharge in bankruptcy under title 11, United States 
Code, shall not release a person from an obligation to reimburse the 
United States required under an agreement described in paragraph (1) if 
the final decree of the discharge in bankruptcy is issued within five 
years after the last day of the combined period of service obligation 
described in subparagraphs (A) and (B) of paragraph (1).
    ``(B) The Secretary of Defense may release a person, in whole or in 
part, from the obligation to reimburse the United States under an 
agreement described in paragraph (1) when, in the Secretary's 
discretion, the Secretary determines that equity or the interests of 
the United States so require.
    ``(C) The Secretary of Defense shall permit an employee assigned 
under this section who, before commencing a second academic year of 
such assignment, voluntarily terminates the assignment or the 
employee's employment with the Agency, to satisfy his obligation under 
an agreement described in paragraph (1) to reimburse the United States 
by reimbursement according to a schedule of monthly payments which 
results in completion of reimbursement by a date five years after the 
date of termination of the assignment or employment or earlier at the 
option of the employee.
    ``(e) Disclosure to Educational Institution of Agency Affiliation 
of Employee.--(1) When an employee is assigned under this section to an 
institution, the Agency shall disclose to the institution to which the 
employee is assigned that the Agency employs the employee and that the 
Agency funds the employee's education.
    ``(2) Agency efforts to recruit individuals at educational 
institutions for participation in the undergraduate training program 
established by this section shall be made openly and according to the 
common practices of universities and employers recruiting at such 
institutions.
    ``(f) Inapplicability of Certain Laws.--Chapter 41 of title 5 and 
subsections (a) and (b) of section 3324 of title 31, United States 
Code, shall not apply with respect to this section.
    ``(g) Regulations.--The Secretary of Defense may prescribe such 
regulations as may be necessary to implement this section.

``SEC. 17. AUTHORITY TO PAY CERTAIN EXPENSES FOR EMPLOYEES DYING WHILE 
              ON ROTATIONAL TOUR OF DUTY IN THE UNITED STATES.

    ``(a) Authority.--The Secretary of Defense may pay the expenses 
referred to in section 5742(b) of title 5, United States Code, in the 
case of any employee of the Technical Collection Agency who dies while 
on a rotational tour of duty within the United States or while in 
transit to or from such tour of duty.
    ``(b) Definition.--For the purposes of this section, the term 
`rotational tour of duty', with respect to an employee, means a 
permanent change of station involving the transfer of the employee from 
the Technical Collection Agency headquarters to another post of duty 
for a fixed period established by regulation to be followed at the end 
of such period by a permanent change of station involving a transfer of 
the employee back to such headquarters.''.

   Subtitle B--Amendments Related to Creation of Clandestine Service

SEC. 711. CENTRAL INTELLIGENCE AGENCY ACT OF 1949.

    (a) Definitions.--Section 1(a) of the Central Intelligence Agency 
Act of 1949 (50 U.S.C. 403a(a)) is amended by inserting ``or the 
Clandestine Service'' after ``Central Intelligence Agency''.
    (b) Seal.--Section 2 of such Act (50 U.S.C. 403b) is amended by 
inserting ``and the Clandestine Service'' after ``Central Intelligence 
Agency''.
    (c) Procurement Authorities.--Sections 3(a) and 3(e) of such Act 
(50 U.S.C. 403c(a) and (e)) are amended by striking ``Central 
Intelligence Agency'' and inserting ``Agency''.
    (d) General Authorities.--Section 5 of such Act (50 U.S.C. 403f) is 
amended by striking ``Central Intelligence Agency'' and inserting 
``Agency''.
    (e) Misuse of Agency Name, Initials, or Seal.--Section 13(a) of 
such Act (50 U.S.C. 403m(a)) is amended by striking ``the words 
`Central Intelligence Agency', the initials `CIA', the seal of the 
Central Intelligence Agency'' and inserting ``the words `Central 
Intelligence Agency' or `the Clandestine Service', the initials `CIA' 
or `CS', the seal of the Central Intelligence Agency or the Clandestine 
Service ''.
    (f) Disability Retirement and Death-In-Service Benefits: Conforming 
Amendments and Technical Correction.--Section 19 of such Act (50 U.S.C. 
403s) is amended--
            (1) by striking ``Central Intelligence Agency'' in the 
        matter preceding subsection (a)(1) and inserting ``Agency'';
            (2) by striking ``Central Intelligence Agency'' in the 
        matter preceding subsection (b)(1) and inserting ``Agency''; 
        and
            (3) by amending paragraph (4) of subsection (b) to read as 
        follows:
            ``(4) is survived by a surviving spouse, former spouse, or 
        child as defined in section 102 of the Central Intelligence 
        Agency Retirement Act, who would otherwise be entitled to an 
        annuity under section 8341 of title 5, United States Code--''.

SEC. 712. CENTRAL INTELLIGENCE AGENCY RETIREMENT SYSTEM.

    (a) Definition of Agency.--Section 101(1) of the Central 
Intelligence Agency Retirement Act (50 U.S.C. 2001(1)) is amended by 
inserting ``or the Clandestine Service'' after ``Agency''.
    (b) CIARDS System.--Section 201(a)(1) of such Act (50 U.S.C. 
2011(a)(1)) is amended by inserting ``and the Clandestine Service'' 
after ``Central Intelligence Agency'' the first place it appears.

SEC. 713. CENTRAL INTELLIGENCE AGENCY VOLUNTARY SEPARATION PAY ACT.

    Section 2 of the Central Intelligence Agency Voluntary Separation 
Pay Act (50 U.S.C. 403-4) is amended by inserting ``or the Clandestine 
Service'' after ``Central Intelligence Agency'' each place it appears.

SEC. 714. AMENDMENTS TO TITLE 5, UNITED STATES CODE.

    Title 5, United States Code, is amended as follows:
            (1) Section 305(a) is amended by striking out ``or'' at the 
        end of paragraph (6) and by striking out paragraph (7) and 
        inserting in lieu thereof the following:
            ``(7) the Clandestine Service;
            ``(8) the Technical Collection Agency, Department of 
        Defense; or
            ``(9) the Technology Development Office, Department of 
        Defense.''.
            (2) Section 306(f) is amended by inserting ``Clandestine 
        Service,'' after ``Central Intelligence Agency,''.
            (3) Section 552a(j)(1) is amended by inserting ``or the 
        Clandestine Service'' after ``Agency''.
            (4) Sections 2302(a)(2)(C)(ii), 3102(a)(1)(B), 4301(1)(ii), 
        4701(a)(1)(B) are each amended by striking out ``the National 
        Security Agency,'' and inserting in lieu thereof ``the 
        Clandestine Service, the Technical Collection Agency, the 
        Technology Development Office,''.
            (5) Section 2305 is amended by striking out ``section 102 
        of the National Security Act of 1947 (61 Stat. 495; 50 U.S.C. 
        403),'' and inserting in lieu thereof ``subtitle A of title I 
        of the Intelligence Community Act, [Q: Other sections of the 
        Intelligence Community Act?]''.
            (6) Section 2953(b) is amended by striking out ``or'' at 
        the end of paragraph (2), by striking out the period at the end 
        of paragraph (3) and inserting in lieu thereof ``; or'', and by 
        adding at the end the following:
            ``(4) the Clandestine Service.''.
            (7) Section 3401(1) is amended by striking ``and'' at the 
        end of clause (vi), by striking out clause (vii) and inserting 
        in lieu thereof the following:
                    ``(vii) the Clandestine Service;
                    ``(viii) the Technical Collection Agency; and
                    ``(ix) the Technology Development Office; and''.
            (8) Section 5102 is amended by striking out clause (vii), 
        by redesignating clauses (viii) and (x) as clauses (vii) and 
        (viii), respectively, and by adding after clause (viii) (as so 
        redesignated) the following:
                    ``(ix) the Clandestine Service;
                    ``(x) the Technical Collection Agency; and
                    ``(xi) the Technology Development Office;''.
            (9) Section 5342(a)(1) is amended by striking out 
        subparagraph (G), by redesignating subparagraphs (H), (I) and 
        (K), as subparagraphs (G), (H) and (I), respectively, by 
        striking out ``or'' at the end of subparagraph (H) (as so 
        redesignated), and by inserting after subparagraph (I) the 
        following:
                    ``(J) the Clandestine Service;
                    ``(K) the Technical Collection Agency; or
                    ``(L) the Technology Development Office;''.
            (10) Section 5727(e)(1) is amended by striking out ``or'' 
        at the end of subparagraph (A), by striking out the period at 
        the end of subparagraph (B) and inserting in lieu thereof ``; 
        or'', and by adding after subparagraph (B) the following:
            ``(C) the Clandestine Service.''.
            (11) Section 5948(g)(1) is amended--
                    (A) by inserting ``and the Clandestine Service'' 
                after ``Central Intelligence Agency'' the second place 
                it appears in subparagraph (F); and
                    (B) by striking out ``the National Security 
                Agency'' and inserting in lieu thereof ``the Technical 
                Collection Agency and the Technology Development 
                Office''.
            (12)(A) Paragraph (1) of section 6339(a) is amended by 
        striking out subparagraph (C) and redesignating subparagraph 
        (D) as subparagraph (C), by striking out ``and'' at the end of 
        subparagraph (C) (as so redesignated), by redesignating 
        subparagraph (E) as subparagraph (G), and by inserting after 
        subparagraph (C) (as so redesignated) the following:
                    ``(D) the Clandestine Service;
                    ``(E) the Technical Collection Agency;
                    ``(F) the Technology Development Office; and''.
            (B) Paragraph (2) of such section is amended by striking 
        out subparagraph (C) and redesignating subparagraph (D) as 
        subparagraph (C), by striking out ``and'' at the end of 
        subparagraph (C) (as so redesignated), by redesignating 
        subparagraph (E) as subparagraph (G) and in that subparagraph 
        by striking out ``(1)(E)'' both places it appears and inserting 
        in lieu thereof ``(1)(G)'', and by inserting after subparagraph 
        (C) (as so redesignated) the following:
                    ``(D) with respect to the Clandestine Service, the 
                Director of Central Intelligence;
                    ``(E) with respect to the Technical Collection 
                Agency, the Director of the Technical Collection 
                Agency;
                    ``(F) with respect to the Technology Development 
                Office, the Director of the Technology Development 
                Office; and''.
            (13) Section 7103(a)(3) is amended by striking out 
        subparagraph (D) and redesignating subparagraphs (E), (F), and 
        (G) as subparagraphs (D), (E), and (F), respectively, by 
        striking out ``or'' at the end of subparagraph (E) (as so 
        redesignated), and by adding after subparagraph (F) the 
        following:
                    ``(G) the Clandestine Service;
                    ``(H) the Technical Collection Agency; or
                    ``(I) the Technology Development Office; ''.
            (14) Section 7323(b)(2)(B)(i) is amended by striking out 
        subclause (VI), redesignating subclauses (VII) through (XII) as 
        subclauses (XI) through (XVI), respectively, and by inserting 
        after subclause (V) the following:
                    ``(VI) the Clandestine Service;
                    ``(VII) the Technical Collection Agency;
                    ``(VIII) the Technology Development Office;
                    ``(IX) the Infrastructure Support Office;
                    ``(X) the Community Management Staff;''.
            (15) Section 7511(b) is amended--
                    (A) by inserting ``, the Clandestine Service,'' 
                after ``Central Intelligence Agency'' in paragraph (7); 
                and
                    (B) by striking out ``the National Security 
                Agency,'' and inserting in lieu thereof ``the Technical 
                Collection Agency, the Technology Development 
                Office,''.
            (16) Section 8347(n)(1)(A) is amended by inserting ``or of 
        the Clandestine Service'' before the semicolon at the end 
        thereof.
            (17) Section 8351(d) is amended by inserting ``or the 
        Clandestine Service'' after ``Central Intelligence Agency''.
            (18) Section 8461 is amended--
                    (A) in subsection (j)(1)--
                            (i) by inserting ``or of the Clandestine 
                        Service'' before the semicolon at the end of 
                        subparagraph (A); and
                            (ii) by inserting ``or of the Clandestine 
                        Service'' after ``Central Intelligence Agency'' 
                        in subparagraph (F);
                    (B) in subsection (k)--
                            (i) by inserting ``or of the Clandestine 
                        Service'' before the semicolon at the end of 
                        paragraph (1)(A);
                            (ii) by inserting ``or of the Clandestine 
                        Service'' after ``Central Intelligence Agency'' 
                        in paragraph (1)(D); and
                            (iii) by inserting ``or of the Clandestine 
                        Service'' after ``Central Intelligence Agency'' 
                        in paragraph (2); and
                    (C) in subsection (l), by inserting ``or of the 
                Clandestine Service'' after ``Central Intelligence 
                Agency''.
            (19) Subsections (b)(1), (b)(3), and (c) of section 9101 
        are amended by inserting ``the Clandestine Service,'' after 
        ``Central Intelligence Agency,'' each place it appears.

SEC. 715. AMENDMENTS TO LAWS CODIFIED IN THE APPENDICES OF TITLE 5, 
              UNITED STATES CODE.

    (a) Federal Advisory Committee Act.--Section 4(b) of the Federal 
Advisory Committee Act (5 U.S.C. App.) is amended by striking out 
``or'' at the end of paragraph (1), by striking out the period at the 
end of paragraph (2) and inserting in lieu thereof ``; or'', and by 
adding after paragraph (2) the following:
            ``(3) the Clandestine Service.''.
    (b) Inspector General Act.--Section 8G(a)(1) of the Inspector 
General Act (5 U.S.C. App.) is amended by striking out ``or'' at the 
end of subparagraph (E), by inserting ``or'' at the end of subparagraph 
(F), and by adding after subparagraph (F) the following:
                    ``(G) the Clandestine Service;''.
    (c) Ethics in Government Act.--Section 105 of the Ethics in 
Government Act of 1978 (5 U.S.C. App.) is amended--
            (1) by inserting ``, the Clandestine Service,'' after 
        ``Central Intelligence Agency,'';
            (2) by striking out ``or the National Security Agency,'' 
        and inserting in lieu thereof ``the Technical Collection 
        Agency, or the Technology Development Office,''.

SEC. 716. REPORT ON DETAILED PERSONNEL.

    Section 617 of Public Law 103-123 (107 Stat. 1263) is amended--
            (1) by striking out paragraph (2);
            (2) by inserting after paragraph (1) the following:
    ``(2) the Clandestine Service;'';
            (3) by redesignating paragraphs (4) through (7) as 
        paragraphs (6) through (9), respectively; and
            (4) by inserting after paragraph (3) the following:
            ``(4) the Technical Collection Agency;
            ``(5) the Technology Development Office;''.

      Subtitle C--Amendments Related to Inspector General for the 
                         Intelligence Community

SEC. 721. INSPECTOR GENERAL FOR THE INTELLIGENCE COMMUNITY.

    (a) Expansion of Role of Inspector General of the CIA.--Subsection 
(a) of section 17 of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 403q) is amended--
            (1) in paragraph (1), by striking out ``Agency'' and 
        inserting in lieu thereof ``Intelligence Community''; and
            (2) in the matter following paragraph (4), by striking out 
        ``established in the Agency'' and inserting in lieu thereof 
        ``established within the Intelligence Community''.
    (b) Conforming Amendments.--
            (1) Section 17 of such Act is further amended--
                    (A) in subsections (b), (c)(1), (d)(1)(A), and 
                (d)(1)(F), by striking out ``Agency'' and inserting in 
                lieu thereof ``Intelligence Community''; and
                    (B) in paragraphs (2) and (3) of subsection (e), by 
                striking out ``Agency'' and inserting in lieu thereof 
                ``element of the Intelligence Community''.
            (2) The heading of such section is amended to read as 
        follows:

``SEC. 17. INSPECTOR GENERAL FOR THE INTELLIGENCE COMMUNITY.''.

    (c) Rate of Pay.--Section 5316 of title 5, United States Code, is 
amended by striking out ``Inspector General, Central Intelligence 
Agency'' and inserting in lieu thereof ``Inspector General for the 
Intelligence Community.''.

        Subtitle D--Repeals of Provisions Recodified in New Act

SEC. 741. CONFORMING REPEALS.

    (a) Fiscal Year 1996 Intelligence Authorization Act.--Section 306 
of the Intelligence Authorization Act for Fiscal Year 1996 (Public Law 
104-93; 50 U.S.C. 435 note; 109 Stat. 966) is repealed.
    (b) Fiscal Year 1995 Intelligence Authorization Act.--The following 
provisions of the Intelligence Authorization Act for Fiscal Year 1995 
(Public Law 103-359) are repealed:
            (1) Section 603 (50 U.S.C. 403-3; 108 Stat. 3433).
            (2) Section 811 (50 U.S.C. 402a; 108 Stat. 3455).
    (c) Fiscal Year 1992 Intelligence Authorization 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.--The following 
provisions of the Department of Defense Appropriations Act, 1995 
(Public Law 103-335), are repealed:
            (1) Section 8131 (50 U.S.C. 403-2a note; 108 Stat. 2653).
            (2) Section 8154 (10 U.S.C. 384 note; 50 U.S.C. 403f note; 
        108 Stat. 2658).
    (f) Fiscal Year 1994 Defense Appropriations Act.--The following 
provisions of the Department of Defense Appropriations Act, 1994 
(Public Law 103-139), are repealed:
            (1) Section 8104 (50 U.S.C. 403j note; 107 Stat. 1463).
            (2) Section 8107 (50 U.S.C. 414 note; 107 Stat. 1464).
    (g) Title 10, United States Code.--Section 201 of title 10, United 
States Code, is repealed. The table of sections at the beginning of 
subchapter II of chapter 8 of such title is amended by striking out the 
item relating to section 201.

                      Subtitle E--Other Amendments

SEC. 751. 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 amended--
            (1) by inserting after the item relating to section 2 the 
        following new item:

``Sec. 3. Definitions.'';
            (2) by striking out the items relating to the heading for 
        title I 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.
``Sec. 102. Committee on Foreign Intelligence.
``Sec. 103. Board for Low Intensity Conflict.
``Sec. 104. National Counterintelligence Policy Board.'';
            (3) by striking out the item relating to section 109 and 
        the item following that item (relating to section 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 Control 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).
            ``(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 appropriations 
        Acts:
                    ``(A) Section 573 of the Foreign Operations, Export 
                Financing, and Related Programs Appropriations Act, 
                1994 (Public Law 103-87; 107 Stat. 972).
                    ``(B) Section 563 of the Foreign Operations, Export 
                Financing, and Related Programs Appropriations Act, 
                1995 (Public Law 103-306; 108 Stat. 1649).
                    ``(C) Section 552 of the Foreign Operations, Export 
                Financing, and Related Programs Appropriations 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''.

SEC. 752. TITLE 5, UNITED STATES CODE.

    Section 5324 of title 5, United States Code, is amended by striking 
out ``Deputy Director of Central Intelligence'' and inserting in lieu 
thereof ``Deputy Directors of Central Intelligence (2)''.

 TITLE VIII--TRANSFER OF FUNCTIONS, SAVINGS PROVISIONS, AND EFFECTIVE 
                                  DATE

 Subtitle A--Transfers of Functions to Intelligence Community Agencies 
              Other than Agencies in Department of Defense

SEC. 801. TRANSFER OF FUNCTIONS TO CLANDESTINE SERVICE.

    (a) Transfer.--The following functions, as in effect on the day 
before the effective date of this title, are transferred to the 
Clandestine Service as of the effective date of this title:
            (1) Functions vested in the Central Intelligence Agency or 
        the Director of Central Intelligence which were performed 
        through the Deputy Director for Operations.
            (2) Such additional analytical and science and technology 
        functions of the Central Intelligence Agency as the Director of 
        Central Intelligence determines are related to the functions 
        transferred under paragraph (1).
            (3) Functions relating to clandestine collection activities 
        vested in the Defense Human Intelligence Service in the 
        Department of Defense, as specified jointly by the Secretary of 
        Defense and Director of Central Intelligence.
    (b) Abolition of DDO.--The Directorate of Operations of the Central 
Intelligence Agency is abolished.
    (c) Abolition of S&T Directorate.--The Directorate of Science and 
Technology of the Central Intelligence Agency is abolished.
    (d) Abolition of Administration Directorate.--The Directorate of 
Administration of the Central Intelligence Agency is abolished.

SEC. 802. ABOLITION OF NATIONAL INTELLIGENCE COUNCIL.

    The National Intelligence Council is abolished.

 Subtitle B--Transfers of Functions to Intelligence Community Agencies 
                        in Department of Defense

SEC. 811. TRANSFER OF FUNCTIONS TO TECHNICAL COLLECTION AGENCY.

    The following functions, as in effect on the day before the 
effective date of this title, are transferred to the Director of the 
Technical Collection Agency as of the effective date of this title:
            (1) National Security Agency Functions.--Functions vested 
        in the National Security Agency or the Director of that Agency.
            (2) National Reconnaissance Office Functions.--Functions 
        vested in the National Reconnaissance Office or the Director of 
        that Office, as specified jointly by the Secretary of Defense 
        and Director of Central Intelligence.
            (3) Central Imagery Office Functions.--Functions vested in 
        the Central Imagery Office or the Director of that Office.

SEC. 812. TRANSFER OF FUNCTIONS TO TECHNICAL DEVELOPMENT OFFICE.

    The following functions, as in effect on the day before the 
effective date of this title, are transferred to the Director of the 
Technical Development Office as of the effective date of this title:
            (1) Functions of the National Reconnaissance Office, as 
        specified jointly by the Secretary of Defense and Director of 
        Central Intelligence.
            (2) Functions of the Defense Airborne Reconnaissance 
        Office, as specified jointly by the Secretary of Defense and 
        Director of Central Intelligence.
            (3) The Directorate of Science and Technology of the 
        Central Intelligence Agency, as specified jointly by the 
        Secretary of Defense and Director of Central Intelligence.

SEC. 813. ABOLITION OF PREVIOUS DEFENSE ELEMENTS OF THE INTELLIGENCE 
              COMMUNITY.

    (a) Abolition of National Security Agency.--The National Security 
Agency is abolished.
    (b) Abolition of National Reconnaissance Office.--The National 
Reconnaissance Office is abolished.
    (c) Abolition of Central Imagery Office.--The Central Imagery 
Office is abolished.

                Subtitle C--General Transfer Provisions

SEC. 821. TRANSFER OF FUNCTIONS.

    (a) In General.--In order to carry out the transfers made by 
subtitles A and B of this title, there are transferred to each 
transferee agency all functions which the head of the transferor agency 
exercised on the day before the effective date of this title (including 
all related functions of any officer or employee of the transferor 
agency) which the Director of Central Intelligence determines are 
vested by this Act in the transferee agency or are otherwise necessary 
for the performance of the functions of the transferee agency.
    (b) Definitions.--For purposes of this title:
            (1) The term ``transferee agency'' means any entity of the 
        Intelligence Community established by this Act.
            (2) The term ``transferor agency'', with respect to a 
        transferee agency, means any component of the Intelligence 
        Community which on the day before the effective date of this 
        Act performed functions vested by this Act in the transferee 
        agency, as determined by the Director of Central Intelligence.
            (3) The term ``function'' means any duty, obligation, 
        power, authority, responsibility, right, privilege, activity, 
        or program.

SEC. 822. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.

    (a) In General.--Except as otherwise provided in this title, the 
personnel employed in connection with, and the assets, liabilities, 
contracts, property, records, and unexpended balances of 
appropriations, authorizations, allocations, and other funds employed, 
used, held, arising from, available to, or to be made available in 
connection with the functions transferred by this title, subject to 
section 1531 of title 31, United States Code, shall be transferred to 
the transferee agency.
    (b) Limitation on Use of Funds.--Unexpended funds transferred 
pursuant to this section shall be used only for the purposes for which 
the funds were originally authorized and appropriated.

SEC. 823. INCIDENTAL TRANSFERS.

    (a) Incidental Transfers.--The Director of Central Intelligence, at 
such time or times as the Director shall provide, may--
            (1) make such determinations as may be necessary with 
        regard to the functions transferred by this title; and
            (2) make such additional incidental dispositions of 
        personnel, assets, liabilities, grants, contracts, property, 
        records, and unexpended balances of appropriations, 
        authorizations, allocations, and other funds held, used, 
        arising from, available to, or to be made available in 
        connection with such functions, as may be necessary to carry 
        out the provisions of this title.
    (b) Terminations.--The Director of Central Intelligence shall 
provide for the termination of the affairs of all entities terminated 
by this title and for such further measures and dispositions as may be 
necessary to effectuate the purposes of this title.

SEC. 824. EFFECT ON PERSONNEL.

    (a) In General.--Except as otherwise provided by this title, the 
transfer pursuant to this title of full-time personnel (except special 
Government employees) and part-time personnel holding permanent 
positions shall not cause any such employee to be separated or reduced 
in grade or compensation for one year after the date of transfer of 
such employee under this title.
    (b) Appointments.--The head of the transferee agency may appoint 
and fix the compensation of such officers and employees as may be 
necessary to carry out the respective functions transferred under this 
title. Except as otherwise provided by law, such officers and employees 
shall be appointed in accordance with the civil service laws and their 
compensation fixed in accordance with title 5, United States Code.
    (c) Executive Schedule Positions.--Except as otherwise provided in 
this title, any person who, on the day preceding the effective date of 
this title, held a position compensated in accordance with the 
Executive Schedule prescribed in chapter 53 of title 5, United States 
Code, and who, without a break in service, is appointed in the 
transferee agency to a position having duties comparable to the duties 
performed immediately preceding such appointment shall continue to be 
compensated in such new position at not less than the rate provided for 
such previous position, for the duration of the service of such person 
in such new position.
    (d) Experts and Consultants.--The head of the transferee agency may 
obtain the services of experts and consultants in accordance with 
section 3109 of title 5, United States Code, and compensate such 
experts and consultants for each day (including traveltime) at rates 
not in excess of the rate of pay for level IV of the Executive Schedule 
under section 5315 of such title. The head of the transferee agency may 
pay experts and consultants who are serving away from their homes or 
regular place of business travel expenses and per diem in lieu of 
subsistence at rates authorized by sections 5702 and 5703 of such title 
for persons in Government service employed intermittently.
    (e) Detail or Assignment of Existing Personnel.--To carry out the 
reorganization required by this Act, the Director of Central 
Intelligence may detail or assign on a nonreimbursable basis 
individuals among elements of the Intelligence Community without regard 
to limitations on the period of the detail or assignment. Any such 
individual shall not by reason of such detail or assignment lose any 
entitlement or status associated with the personnel system from which 
the individual was detailed or assigned. This subsection applies to 
individuals who, as of the effective date of this Act are employees of 
an element of the intelligence community (as defined by section 3(4) of 
the National Security Act of 1947 as in effect on the day before the 
effective date of this Act).

SEC. 825. DELEGATION AND ASSIGNMENT.

    Except where otherwise expressly prohibited by law or otherwise 
provided by this title, the head of the transferee agency may delegate 
any of the functions transferred to the head of the transferee agency 
by this title and any function transferred or granted to such head of 
the transferee agency after the effective date of this title to such 
officers and employees of the transferee agency as the head of the 
transferee agency may designate, and may authorize successive 
redelegations of such functions as may be necessary or appropriate. No 
delegation of functions by the head of the transferee agency under this 
section or under any other provision of this title shall relieve such 
head of the transferee agency of responsibility for the administration 
of such functions.

SEC. 826. REORGANIZATION.

    The Director of Central Intelligence may allocate or reallocate any 
function transferred under this title among the officers of the 
transferee agency and may establish, consolidate, alter, or discontinue 
such organizational entities in the transferee agency as may be 
necessary or appropriate.

SEC. 827. RULES.

    The head of the transferee agency is authorized to prescribe, in 
accordance with the provisions of chapters 5 and 6 of title 5, United 
States Code, such rules and regulations as the head of the transferee 
agency determines necessary or appropriate to administer and manage the 
functions of the transferee agency.

                 Subtitle D--General Savings Provisions

SEC. 831. CONTINUING EFFECT OF LEGAL DOCUMENTS.

    All orders, determinations, rules, regulations, permits, 
agreements, grants, contracts, certificates, 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 competent jurisdiction, in 
        the performance of functions which are transferred under this 
        title; 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 become 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 head of the transferee agency or other authorized 
official, a court of competent jurisdiction, or by operation of law.

SEC. 832. PROCEEDINGS NOT AFFECTED.

    The provisions of this title shall not affect any proceedings, 
including notices of proposed rulemaking, or any application for any 
license, permit, certificate, or financial assistance pending before 
the transferor agency at the time this title takes effect, with respect 
to functions transferred by this title but such proceedings and 
applications shall be continued. Orders shall be issued in such 
proceedings, appeals shall be taken therefrom, and payments shall be 
made pursuant to such orders, as if this title had not been enacted, 
and orders issued in any such proceedings shall continue in effect 
until modified, terminated, superseded, or revoked by a duly authorized 
official, by a court of competent jurisdiction, or by operation of law. 
Nothing in this section shall be deemed to prohibit the discontinuance 
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. 833. SUITS NOT AFFECTED.

    The provisions of this title shall not affect suits commenced 
before the effective date of this title, and in all such suits, 
proceedings shall be had, appeals taken, and judgments rendered in the 
same manner and with the same effect as if this title had not been 
enacted.

SEC. 834. NONABATEMENT OF ACTIONS.

    No suit, action, or other proceeding commenced by or against the 
transferor agency, or by or against any individual in the official 
capacity of such individual as an officer of the transferor agency, 
shall abate by reason of the enactment of this Act.

SEC. 835. ADMINISTRATIVE ACTIONS RELATING TO PROMULGATION OF 
              REGULATIONS.

    Any administrative action relating to the preparation or 
promulgation of a regulation by the transferor agency relating to a 
function transferred under this title may be continued by the 
transferee agency with the same effect as if this title had not been 
enacted.

SEC. 836. TRANSITION.

    The head of the transferee agency may use--
            (1) the services of such officers, employees, and other 
        personnel of the transferor agency with respect to functions 
        transferred to the transferee agency by this title; and
            (2) funds appropriated to such functions for such period of 
        time as may reasonably be needed to facilitate the orderly 
        implementation of this title.

SEC. 837. REFERENCES.

    Any reference in any other Federal law or in any Executive order, 
rule, regulation, or delegation of authority, or any document of or 
relating to--
            (1) the head of the transferor agency with regard to 
        functions transferred under this title, shall be deemed to 
        refer to the head of the transferee agency; or
            (2) the transferor agency with regard to functions 
        transferred under this title, shall be deemed to refer to the 
        transferee agency.

                       Subtitle E--Effective Date

SEC. 851. 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.
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