
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 50USC401]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
                      CHAPTER 15--NATIONAL SECURITY
 
Sec. 401. Congressional declaration of purpose

    In enacting this legislation, it is the intent of Congress to 
provide a comprehensive program for the future security of the United 
States; to provide for the establishment of integrated policies and 
procedures for the departments, agencies, and functions of the 
Government relating to the national security; to provide a Department of 
Defense, including the three military Departments of the Army, the Navy 
(including naval aviation and the United States Marine Corps), and the 
Air Force under the direction, authority, and control of the Secretary 
of Defense; to provide that each military department shall be separately 
organized under its own Secretary and shall function under the 
direction, authority, and control of the Secretary of Defense; to 
provide for their unified direction under civilian control of the 
Secretary of Defense but not to merge these departments or services; to 
provide for the establishment of unified or specified combatant 
commands, and a clear and direct line of command to such commands; to 
eliminate unnecessary duplication in the Department of Defense, and 
particularly in the field of research and engineering by vesting its 
overall direction and control in the Secretary of Defense; to provide 
more effective, efficient, and economical administration in the 
Department of Defense; to provide for the unified strategic direction of 
the combatant forces, for their operation under unified command, and for 
their integration into an efficient team of land, naval, and air forces 
but not to establish a single Chief of Staff over the armed forces nor 
an overall armed forces general staff.

(July 26, 1947, ch. 343, Sec. 2, 61 Stat. 496; Aug. 10, 1949, ch. 412, 
Sec. 2, 63 Stat. 579; Pub. L. 85-599, Sec. 2, Aug. 6, 1958, 72 Stat. 
514.)

                       References in Text

    This legislation, referred to in text, means act July 26, 1947, ch. 
343, 61 Stat. 495, as amended, known as the National Security Act of 
1947. For complete classification of this Act to the Code, see Short 
Title note set out below and Tables.


                               Amendments

    1958--Pub. L. 85-599 amended section generally, and, among other 
changes, provided that each military department shall be separately 
organized, instead of separately administered, under its own Secretary 
and shall function under the direction, authority, and control of the 
Secretary of Defense, and inserted provisions relating to establishment 
of unified or specified combatant commands and for elimination of 
unnecessary duplication.
    1949--Act Aug. 10, 1949, provided that the military departments 
shall be separately administered but be under the direction of the 
Secretary of Defense, and that there shall not be a single Chief of 
Staff over the armed forces nor an armed forces general staff.


                             Effective Date

    Section 310 of act July 26, 1947, provided:
    ``(a) The first sentence of section 202(a) [section 171a of former 
Title 5, Executive Departments and Government Officers and Employees] 
and sections 1, 2, 307, 308, 309, and 310 [section 171 note of former 
Title 5, section 361 of this title, and sections 171m and 171n of former 
Title 5] shall take effect immediately upon the enactment of this Act 
[July 26, 1947].
    ``(b) Except as provided in subsection (a), the provisions of this 
Act [sections 171 to 171l, 181-1, 181-2, 411a, 411b, 626 to 626d of 
former Title 5, section 24 of Title 3, The President, and sections 401 
to 405 of this title] shall take effect on whichever of the following 
days is the earlier: The day after the day upon which the Secretary of 
Defense first appointed takes office, or the sixtieth day after the date 
of the enactment of this Act [July 26, 1947].''


                      Short Title of 1996 Amendment

    Pub. L. 104-293, title VIII, Sec. 801, Oct. 11, 1996, 110 Stat. 
3474, provided that: ``This title [enacting sections 403, 403-1, 403-5a, 
and 403t of this title, amending sections 402, 403, 403-3 to 403-6, and 
404d of this title and sections 5314 and 5315 of Title 5, Government 
Organization and Employees, repealing former section 403 of this title, 
and enacting provisions set out as notes under sections 403-3, 403-4, 
and 403t of this title] may be cited as the `Intelligence Renewal and 
Reform Act of 1996'.''


                      Short Title of 1994 Amendment

    Pub. L. 103-359, title VIII, Sec. 801, Oct. 14, 1994, 108 Stat. 
3434, provided that: ``This title [enacting sections 402a, 435 to 438, 
and 1821 to 1829 of this title, section 2170b of the Appendix to this 
title, section 1599 [now 1611] of Title 10, Armed Forces, and section 
1924 of Title 18, Crimes and Criminal Procedure, amending section 783 of 
this title, section 2170 of the Appendix to this title, section 8312 of 
Title 5, Government Organization and Employees, section 1604 of Title 
10, and sections 793, 794, 798, 3071, and 3077 of Title 18, enacting 
provisions set out as notes under sections 435 and 1821 of this title, 
and amending provisions set out as notes under sections 402 and 1801 of 
this title] may be cited as the `Counterintelligence and Security 
Enhancements Act of 1994'.''


                      Short Title of 1992 Amendment

    Pub. L. 102-496, title VII, Sec. 701, Oct. 24, 1992, 106 Stat. 3188, 
provided that: ``This title [enacting sections 401a and 403-3 to 403-6 
of this title, amending sections 402, 403, 404, and 404a of this title, 
and repealing section 403-1 of this title] may be cited as the 
`Intelligence Organization Act of 1992'.''


                      Short Title of 1984 Amendment

    Pub. L. 98-477, Sec. 1, Oct. 15, 1984, 98 Stat. 2209, provided: 
``That this Act [enacting sections 431 and 432 of this title, amending 
section 552a of Title 5, Government Organization and Employees, and 
enacting provisions set out as notes under sections 431 and 432 of this 
title] may be cited as the `Central Intelligence Agency Information 
Act'.''


                      Short Title of 1982 Amendment

    Pub. L. 97-200, Sec. 1, June 23, 1982, 96 Stat. 122, provided: 
``That this Act [enacting subchapter IV of this chapter] may be cited as 
the `Intelligence Identities Protection Act of 1982'.''


                      Short Title of 1949 Amendment

    Section 1 of act Aug. 10, 1949, provided that: ``This Act [enacting 
sections 408 and 412 of this title and sections 171-1, 171t, 172, 172a 
to 172d, and 172f to 172j of former Title 5, Executive Departments and 
Government Officers and Employees, amending this section, sections 151, 
402, 403d, 405, 410, 459, 481, and 494 of this title, sections 171, 
171a, 171b to 171d, 171e to 171j, 171n, 171r, 172e, 411b, and 626c of 
former Title 5, section 1748b of Title 12, Banks and Banking, section 
1517 of Title 15, Commerce and Trade, sections 474, 481 to 484, and 487 
of Title 40, Public Buildings, Property, and Works, section 364a of 
Title 43, Public Lands, sections 1156 and 1157 of former Title 49, 
Transportation, and section 1193 of the Appendix to this title, and 
enacting provisions set out as notes under this section and sections 171 
and 171c of former Title 5] may be cited as the `National Security Act 
Amendments of 1949'.''


                               Short Title

    Section 1 of act July 26, 1947, provided: ``That this Act [enacting 
this section, sections 401a to 403, 404, 405, and 408 to 412 of this 
title, and sections 171, 171-1, 171-2, 171a, 171b to 171d, 171e to 171j, 
171k to 171m, 171n, 172, 172a to 172d, 172f to 172j, 181-1, 181-2, 411a, 
411b, 626, 626a to 626c, and 626d of former Title 5, Executive 
Department and Government Officers and Employees, amending sections 1, 
11, and 172e of former Title 5, section 1517 of Title 15, Commerce and 
Trade, and section 72 of former Title 31, Money and Finance, and 
enacting provisions set out as notes under this section and section 135 
of Title 10, Armed Forces] may be cited as the `National Security Act of 
1947'.''
    Sections of National Security Act of 1947, which were classified to 
former Title 5, were repealed and restated in Title 10, Armed Forces, 
except as noted, as follows:


  Section of former  Title 5              Section of Title 10

171..........................  131, 133.
171a(a), (b).................  133.
171a(c)......................  125, 136, 141, 3010, 3012, 5011, 5031,
                                8010, 8012.
171a(d)......................  133.
171a(e)......................  132.
171a(f)......................  133.
171a(g)-(i)..................  [Omitted].
171a(j)......................  124.
171c.........................  134, 135, 136, 718, 2358.
171c-1, 171c-2...............  [Repealed].
171d.........................  1580.
171e.........................  171.
171f.........................  141, 142.
171g.........................  143.
171h.........................  2201.
171i.........................  2351.
171j.........................  173.
172..........................  136.
172a.........................  3014, 5061, 8014.
172b.........................  2203.
172c.........................  2204.
172d.........................  2208.
172e.........................  2209.
172f.........................  126.
172g.........................  2205.
172h.........................  2206.
172i.........................  2701.
181-1........................  101, 3011, 3012, 3062, T. 50 Sec.  409.
181-2........................  3012.
411a(a)......................  101; T. 50 Sec.  409.
411a(b)......................  5012.
411a(c)......................  5013, 5402.
626(a).......................  8012.
626(b).......................  [Repealed].
626(c).......................  101; T. 50 Sec.  409.
626(d).......................  8013.
626(e).......................  8012.
626(f).......................  8033.
626(g).......................  8011.
626a.........................  8012.
626b.........................  8013.
626c.........................  743, 8062.


                            Savings Provision

    Section 12(g) of act Aug. 10, 1949, provided: ``All laws, orders, 
regulations, and other actions relating to the National Military 
Establishment, the Departments of the Army, the Navy, or the Air Force, 
or to any officer or activity of such establishment or such departments, 
shall, except to the extent inconsistent with the provisions of this Act 
[see Short Title of 1949 Amendment note above], have the same effect as 
if this Act had not been enacted; but, after the effective date of this 
Act [Aug. 10, 1949], any such law, order, regulation, or other action 
which vested functions in or otherwise related to any officer, 
department, or establishment, shall be deemed to have vested such 
function in or relate to the officer or department, executive or 
military, succeeding the officer, department, or establishment in which 
such function was vested. For purposes of this subsection the Department 
of Defense shall be deemed the department succeeding the National 
Military Establishment, and the military departments of Army, Navy, and 
Air Force shall be deemed the departments succeeding the Executive 
Departments of Army, Navy, and Air Force.''


                              Separability

    Section 309 of act July 26, 1947, provided: ``If any provision of 
this Act [see Short Title note above] or the application thereof to any 
person or circumstances is held invalid, the validity of the remainder 
of the Act and of the application of such provision to other persons and 
circumstances shall not be affected thereby.''
    [Section 310(a) of act July 26, 1947, set out as an Effective Date 
note above, provided that section 309 of act July 26, 1947, is effective 
July 26, 1947.]


National Commission for the Review of the National Reconnaissance Office

    Pub. L. 106-120, title VII, Dec. 3, 1999, 113 Stat. 1620, provided 
that:
``SEC. 701. FINDINGS.
    ``Congress makes the following findings:
        ``(1) Imagery and signals intelligence satellites are vitally 
    important to the security of the Nation.
        ``(2) The National Reconnaissance Office (in this title referred 
    to as the `NRO') and its predecessor organizations have helped 
    protect and defend the United States for more than 30 years.
        ``(3) The end of the Cold War and the enormous growth in usage 
    of information technology have changed the environment in which the 
    intelligence community must operate. At the same time, the 
    intelligence community has undergone significant changes in response 
    to dynamic developments in strategy and in budgetary matters. The 
    acquisition and maintenance of satellite systems are essential to 
    providing timely intelligence to national policymakers and achieving 
    information superiority for military leaders.
        ``(4) There is a need to evaluate the roles and mission, 
    organizational structure, technical skills, contractor 
    relationships, use of commercial imagery, acquisition of launch 
    vehicles, launch services, and launch infrastructure, mission 
    assurance, acquisition authorities, and relationship to other 
    agencies and departments of the Federal Government of the NRO in 
    order to assure continuing success in satellite reconnaissance in 
    the new millennium.
``SEC. 702. NATIONAL COMMISSION FOR THE REVIEW OF THE NATIONAL 
        RECONNAISSANCE OFFICE.
    ``(a) Establishment.--There is established a commission to be known 
as the `National Commission for the Review of the National 
Reconnaissance Office' (in this title referred to as the `Commission').
    ``(b) Composition.--The Commission shall be composed of 11 members, 
as follows:
        ``(1) The Deputy Director of Central Intelligence for Community 
    Management.
        ``(2) Three members appointed by the Majority Leader of the 
    Senate, in consultation with the Chairman of the Select Committee on 
    Intelligence of the Senate, one from Members of the Senate and two 
    from private life.
        ``(3) Two members appointed by the Minority Leader of the 
    Senate, in consultation with the Vice Chairman of the Select 
    Committee on Intelligence of the Senate, one from Members of the 
    Senate and one from private life.
        ``(4) Three members appointed by the Speaker of the House of 
    Representatives, in consultation with the Chairman of the Permanent 
    Select Committee on Intelligence of the House of Representatives, 
    one from Members of the House of Representatives and two from 
    private life.
        ``(5) Two members appointed by the Minority Leader of the House 
    of Representatives, in consultation with the ranking member of the 
    Permanent Select Committee on Intelligence of the House of 
    Representatives, one from Members of the House of Representatives 
    and one from private life.
The Director of the National Reconnaissance Office shall be an ex 
officio member of the Commission.
    ``(c) Membership.--(1) The individuals appointed as members of the 
Commission shall be individuals who are nationally recognized for 
expertise, knowledge, or experience in--
        ``(A) technical intelligence collection systems and methods;
        ``(B) research and development programs;
        ``(C) acquisition management;
        ``(D) use of intelligence information by national policymakers 
    and military leaders; or
        ``(E) the implementation, funding, or oversight of the national 
    security policies of the United States.
    ``(2) An official who appoints members of the Commission may not 
appoint an individual as a member of the Commission if, in the judgment 
of the official, such individual possesses any personal or financial 
interest in the discharge of any of the duties of the Commission.
    ``(3) All members of the Commission appointed from private life 
shall possess an appropriate security clearance in accordance with 
applicable laws and regulations concerning the handling of classified 
information.
    ``(d) Co-Chairs.--(1) The Commission shall have two co-chairs, 
selected from among the members of the Commission.
    ``(2) One co-chair of the Commission shall be a member of the 
Democratic Party, and one co-chair shall be a member of the Republican 
Party.
    ``(3) The individuals who serve as the co-chairs of the Commission 
shall be jointly agreed upon by the President, the Majority Leader of 
the Senate, the Minority Leader of the Senate, and Speaker of the House 
of Representatives, and the Minority Leader of the House of 
Representatives.
    ``(e) Appointment; Initial Meeting.--(1) Members of the Commission 
shall be appointed not later than 45 days after the date of the 
enactment of this Act [Dec. 3, 1999].
    ``(2) The Commission shall hold its initial meeting on the date that 
is 60 days after the date of the enactment of this Act.
    ``(f) Meetings; Quorum; Vacancies.--(1) After its initial meeting, 
the Commission shall meet upon the call of the co-chairs of the 
Commission.
    ``(2) Six members of the Commission shall constitute a quorum for 
purposes of conducting business, except that two members of the 
Commission shall constitute a quorum for purposes of receiving 
testimony.
    ``(3) Any vacancy in the Commission shall not affect its powers, but 
shall be filled in the same manner in which the original appointment was 
made.
    ``(4) If vacancies in the Commission occur on any day after 45 days 
after the date of the enactment of this Act, a quorum shall consist of a 
majority of the members of the Commission as of such day.
    ``(g) Actions of Commission.--(1) The Commission shall act by 
resolution agreed to by a majority of the members of the Commission 
voting and present.
    ``(2) The Commission may establish panels composed of less than the 
full membership of the Commission for purposes of carrying out the 
duties of the Commission under this title. The actions of any such panel 
shall be subject to the review and control of the Commission. Any 
findings and determinations made by such a panel shall not be considered 
the findings and determinations of the Commission unless approved by the 
Commission.
    ``(3) Any member, agent, or staff of the Commission may, if 
authorized by the co-chairs of the Commission, take any action which the 
Commission is authorized to take pursuant to this title.
``SEC. 703. DUTIES OF COMMISSION.
    ``(a) In General.--The duties of the Commission shall be--
        ``(1) to conduct, until not later than the date on which the 
    Commission submits the report under section 708(a), the review 
    described in subsection (b); and
        ``(2) to submit to the congressional intelligence committees, 
    the Director of Central Intelligence, and the Secretary of Defense a 
    final report on the results of the review.
    ``(b) Review.--The Commission shall review the current organization, 
practices, and authorities of the NRO, in particular with respect to--
        ``(1) roles and mission;
        ``(2) organizational structure;
        ``(3) technical skills;
        ``(4) contractor relationships;
        ``(5) use of commercial imagery;
        ``(6) acquisition of launch vehicles, launch services, and 
    launch infrastructure, and mission assurance;
        ``(7) acquisition authorities; and
        ``(8) relationships with other agencies and departments of the 
    Federal Government.
``SEC. 704. POWERS OF COMMISSION.
    ``(a) In General.--(1) The Commission or, on the authorization of 
the Commission, any subcommittee or member thereof, may, for the purpose 
of carrying out the provisions of this title--
        ``(A) hold such hearings and sit and act at such times and 
    places, take such testimony, receive such evidence, and administer 
    such oaths; and
        ``(B) require, by subpoena or otherwise, the attendance and 
    testimony of such witnesses and the production of such books, 
    records, correspondence, memoranda, papers, and documents,
as the Commission or such designated subcommittee or designated member 
considers necessary.
    ``(2) Subpoenas may be issued under paragraph (1)(B) under the 
signature of the co-chairs of the Commission, and may be served by any 
person designated by such co-chairs.
    ``(3) The provisions of sections 102 through 104 of the Revised 
Statutes of the United States (2 U.S.C. 192-194) shall apply in the case 
of any failure of a witness to comply with any subpoena or to testify 
when summoned under authority of this section.
    ``(b) Contracting.--The Commission may, to such extent and in such 
amounts as are provided in advance in appropriation Acts, enter into 
contracts to enable the Commission to discharge its duties under this 
title.
    ``(c) Information from Federal Agencies.--The Commission may secure 
directly from any executive department, agency, bureau, board, 
commission, office, independent establishment, or instrumentality of the 
Government information, suggestions, estimates, and statistics for the 
purposes of this title. Each such department, agency, bureau, board, 
commission, office, establishment, or instrumentality shall, to the 
extent authorized by law, furnish such information, suggestions, 
estimates, and statistics directly to the Commission, upon request of 
the co-chairs of the Commission. The Commission shall handle and protect 
all classified information provided to it under this section in 
accordance with applicable statutes and regulations.
    ``(d) Assistance from Federal Agencies.--(1) The Director of Central 
Intelligence shall provide to the Commission, on a nonreimbursable 
basis, such administrative services, funds, staff, facilities, and other 
support services as are necessary for the performance of the 
Commission's duties under this title.
    ``(2) The Secretary of Defense may provide the Commission, on a 
nonreimbursable basis, with such administrative services, staff, and 
other support services as the Commission may request.
    ``(3) In addition to the assistance set forth in paragraphs (1) and 
(2), other departments and agencies of the United States may provide the 
Commission such services, funds, facilities, staff, and other support as 
such departments and agencies consider advisable and as may be 
authorized by law.
    ``(4) The Commission shall receive the full and timely cooperation 
of any official, department, or agency of the United States Government 
whose assistance is necessary for the fulfillment of the duties of the 
Commission under this title, including the provision of full and current 
briefings and analyses.
    ``(e) Prohibition on Withholding Information.--No department or 
agency of the Government may withhold information from the Commission on 
the grounds that providing the information to the Commission would 
constitute the unauthorized disclosure of classified information or 
information relating to intelligence sources or methods.
    ``(f) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as the 
departments and agencies of the United States.
    ``(g) Gifts.--The Commission may accept, use, and dispose of gifts 
or donations of services or property in carrying out its duties under 
this title.
``SEC. 705. STAFF OF COMMISSION.
    ``(a) In General.--(1) The co-chairs of the Commission, in 
accordance with rules agreed upon by the Commission, shall appoint and 
fix the compensation of a staff director and such other personnel as may 
be necessary to enable the Commission to carry out its duties, without 
regard to the provisions of title 5, United States Code, governing 
appointments in the competitive service, and without regard to the 
provisions of chapter 51 and subchapter III or [of] chapter 53 of such 
title relating to classification and General Schedule pay rates, except 
that no rate of pay fixed under this subsection may exceed the 
equivalent of that payable to a person occupying a position at level V 
of the Executive Schedule under section 5316 of such title.
    ``(2) Any Federal Government employee may be detailed to the 
Commission without reimbursement from the Commission, and such detailee 
shall retain the rights, status, and privileges of his or her regular 
employment without interruption.
    ``(3) All staff of the Commission shall possess a security clearance 
in accordance with applicable laws and regulations concerning the 
handling of classified information.
    ``(b) Consultant Services.--(1) The Commission may procure the 
services of experts and consultants in accordance with section 3109 of 
title 5, United States Code, but at rates not to exceed the daily rate 
paid a person occupying a position at level IV of the Executive Schedule 
under section 5315 of such title.
    ``(2) All experts and consultants employed by the Commission shall 
possess a security clearance in accordance with applicable laws and 
regulations concerning the handling of classified information.
``SEC. 706. COMPENSATION AND TRAVEL EXPENSES.
    ``(a) Compensation.--(1) Except as provided in paragraph (2), each 
member of the Commission may be compensated at not to exceed the daily 
equivalent of the annual rate of basic pay in effect for a position at 
level IV of the Executive Schedule under section 5315 of title 5, United 
States Code, for each day during which that member is engaged in the 
actual performance of the duties of the Commission under this title.
    ``(2) Members of the Commission who are officers or employees of the 
United States or Members of Congress shall receive no additional pay by 
reason of their service on the Commission.
    ``(b) Travel Expenses.--While away from their homes or regular 
places of business in the performance of services for the Commission, 
members of the Commission may be allowed travel expenses, including per 
diem in lieu of subsistence, in the same manner as persons employed 
intermittently in the Government service are allowed expenses under 
section 5703(b) of title 5, United States Code.
``SEC. 707. TREATMENT OF INFORMATION RELATING TO NATIONAL SECURITY.
    ``(a) In General.--(1) The Director of Central Intelligence shall 
assume responsibility for the handling and disposition of any 
information related to the national security of the United States that 
is received, considered, or used by the Commission under this title.
    ``(2) Any information related to the national security of the United 
States that is provided to the Commission by a congressional 
intelligence committee may not be further provided or released without 
the approval of the chairman of such committee.
    ``(b) Access after Termination of Commission.--Notwithstanding any 
other provision of law, after the termination of the Commission under 
section 708, only the Members and designated staff of the congressional 
intelligence committees, the Director of Central Intelligence and the 
designees of the Director, and such other officials of the executive 
branch as the President may designate shall have access to information 
related to the national security of the United States that is received, 
considered, or used by the Commission.
``SEC. 708. FINAL REPORT; TERMINATION.
    ``(a) Final Report.--Not later than November 1, 2000, the Commission 
shall submit to the congressional intelligence committees, the Director 
of Central Intelligence, and the Secretary of Defense a final report as 
required by section 703(a).
    ``(b) Termination.--(1) The Commission, and all the authorities of 
this title, shall terminate at the end of the 120-day period beginning 
on the date on which the final report under subsection (a) is 
transmitted to the congressional intelligence committees.
    ``(2) The Commission may use the 120-day period referred to in 
paragraph (1) for the purposes of concluding its activities, including 
providing testimony to committees of Congress concerning the final 
report referred to in that paragraph and disseminating the report.
``SEC. 709. ASSESSMENTS OF FINAL REPORT.
    ``Not later than 60 days after receipt of the final report under 
section 708(a), the Director of Central Intelligence and the Secretary 
of Defense shall each submit to the congressional intelligence 
committees an assessment by the Director or the Secretary, as the case 
may be, of the final report. Each assessment shall include such comments 
on the findings and recommendations contained in the final report as the 
Director or Secretary, as the case may be, considers appropriate.
``SEC. 710. INAPPLICABILITY OF CERTAIN ADMINISTRATIVE PROVISIONS.
    ``(a) Federal Advisory Committee Act.--The provisions of the Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to the activities 
of the Commission under this title.
    ``(b) Freedom of Information Act.--The provisions of section 552 of 
title 5, United States Code (commonly referred to as the Freedom of 
Information Act), shall not apply to the activities, records, and 
proceedings of the Commission under this title.
``SEC. 711. FUNDING.
    ``(a) Transfer from NRO.--Of the amounts authorized to be 
appropriated by this Act [see Tables for classification] for the 
National Reconnaissance Office, the Director of the National 
Reconnaissance Office shall transfer to the Director of Central 
Intelligence $5,000,000 for purposes of the activities of the Commission 
under this title.
    ``(b) Availability In General.--The Director of Central Intelligence 
shall make available to the Commission, from the amount transferred to 
the Director under subsection (a), such amounts as the Commission may 
require for purposes of the activities of the Commission under this 
title.
    ``(c) Duration of Availability.--Amounts made available to the 
Commission under subsection (b) shall remain available until expended.
``SEC. 712. CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.
    ``In this title, the term `congressional intelligence committees' 
means the following:
        ``(1) The Select Committee on Intelligence of the Senate.
        ``(2) The Permanent Select Committee on Intelligence of the 
    House of Representatives.''


   Commission on Roles and Capabilities of United States Intelligence 
                                Community

    Pub. L. 103-359, title IX, Oct. 14, 1994, 108 Stat. 3456, provided 
that:
``SEC. 901. ESTABLISHMENT.
    ``There is established a commission to be known as the Commission on 
the Roles and Capabilities of the United States Intelligence Community 
(hereafter in this title referred to as the `Commission').
``SEC. 902. COMPOSITION AND QUALIFICATIONS.
    ``(a) Membership.--(1) The Commission shall be composed of 17 
members, as follows:
        ``(A) Nine members shall be appointed by the President from 
    private life, no more than four of whom shall have previously held 
    senior leadership positions in the intelligence community and no 
    more than five of whom shall be members of the same political party.
        ``(B) Two members shall be appointed by the majority leader of 
    the Senate, of whom one shall be a Member of the Senate and one 
    shall be from private life.
        ``(C) Two members shall be appointed by the minority leader of 
    the Senate, of whom one shall be a Member of the Senate and one 
    shall be from private life.
        ``(D) Two members shall be appointed by the Speaker of the House 
    of Representatives, of whom one shall be a Member of the House and 
    one shall be from private life.
        ``(E) Two members shall be appointed by the Minority Leader of 
    the House of Representatives, of whom one shall be a Member of the 
    House and one shall be from private life.
    ``(2) The members of the Commission appointed from private life 
under paragraph (1) shall be persons of demonstrated ability and 
accomplishment in government, business, law, academe, journalism, or 
other profession, who have a substantial background in national security 
matters.
    ``(b) Chairman and Vice Chairman.--The President shall designate two 
of the members appointed from private life to serve as Chairman and Vice 
Chairman, respectively, of the Commission.
    ``(c) Period of Appointment; Vacancies.--Members shall be appointed 
for the life of the Commission. Any vacancy in the Commission shall not 
affect its powers but shall be filled in the same manner as the original 
appointment.
    ``(d) Deadline for Appointments.--The appointments required by 
subsection (a) shall be made within 45 days after the date of enactment 
of this Act [Oct. 14, 1994].
    ``(e) Meetings.--(1) The Commission shall meet at the call of the 
Chairman.
    ``(2) The Commission shall hold its first meeting not later than 
four months after the date of enactment of this Act.
    ``(f) Quorum.--Nine members of the Commission shall constitute a 
quorum, but a lesser number of members may hold hearings, take 
testimony, or receive evidence.
    ``(g) Security Clearances.--Appropriate security clearances shall be 
required for members of the Commission who are private United States 
citizens. Such clearances shall be processed and completed on an 
expedited basis by appropriate elements of the executive branch of 
Government and shall, in any case, be completed within 90 days of the 
date such members are appointed.
    ``(h) Application of Certain Provisions of Law.--In light of the 
extraordinary and sensitive nature of its deliberations, the provisions 
of the Federal Advisory Committee Act (5 U.S.C. App.), and the 
regulations prescribed by the Administrator of General Services pursuant 
to that Act, shall not apply to the Commission. Further, the provisions 
of section 552 of title 5, United States Code (commonly known as the 
`Freedom of Information Act'), shall not apply to the Commission; 
however, records of the Commission shall be subject to the Federal 
Records Act [probably means chapters 21 to 31 of Title 44, Public 
Printing and Documents] and, when transferred to the National Archives 
and Records Agency, shall no longer be exempt from the provisions of 
such section 552.
``SEC. 903. DUTIES OF THE COMMISSION.
    ``(a) In General.--It shall be the duty of the Commission--
        ``(1) to review the efficacy and appropriateness of the 
    activities of the United States intelligence community in the post-
    cold war global environment; and
        ``(2) to prepare and transmit the reports described in section 
    904.
    ``(b) Implementation.--In carrying out subsection (a), the 
Commission shall specifically consider the following:
        ``(1) What should be the roles and missions of the intelligence 
    community in terms of providing support to the defense and foreign 
    policy establishments and how should these relate to tactical 
    intelligence activities.
        ``(2) Whether the roles and missions of the intelligence 
    community should extend beyond the traditional areas of providing 
    support to the defense and foreign policy establishments, and, if 
    so, what areas should be considered legitimate for intelligence 
    collection and analysis, and whether such areas should include, for 
    example, economic issues, environmental issues, and health issues.
        ``(3) What functions, if any, should continue to be assigned to 
    the organizations of the intelligence community, including the 
    Central Intelligence Agency, and what capabilities should these 
    organizations retain for the future.
        ``(4) Whether the existing organization and management framework 
    of the organizations of the intelligence community, including the 
    Central Intelligence Agency, provide the optimal structure for the 
    accomplishment of their missions.
        ``(5) Whether existing principles and strategies governing the 
    acquisition and maintenance of intelligence collection capabilities 
    should be retained and what collection capabilities should the 
    Government retain to meet future contingencies.
        ``(6) Whether intelligence analysis, as it is currently 
    structured and executed, adds sufficient value to information 
    otherwise available to the Government to justify its continuation, 
    and, if so, at what level of resources.
        ``(7) Whether the existing decentralized system of intelligence 
    analysis results in significant waste or duplication, and, if so, 
    what can be done to correct these deficiencies.
        ``(8) Whether the existing arrangements for allocating available 
    resources to accomplish the roles and missions assigned to 
    intelligence agencies are adequate.
        ``(9) Whether the existing framework for coordinating among 
    intelligence agencies with respect to intelligence collection and 
    analysis and other activities, including training and operational 
    activities, provides an optimal structure for such coordination.
        ``(10) Whether current personnel policies and practices of 
    intelligence agencies provide an optimal work force to satisfy the 
    needs of intelligence consumers.
        ``(11) Whether resources for intelligence activities should 
    continue to be allocated as part of the defense budget or be treated 
    by the President and Congress as a separate budgetary program.
        ``(12) Whether the existing levels of resources allocated for 
    intelligence collection or intelligence analysis, or to provide a 
    capability to conduct covert actions, are seriously at variance with 
    United States needs.
        ``(13) Whether there are areas of redundant or overlapping 
    activity or areas where there is evidence of serious waste, 
    duplication, or mismanagement.
        ``(14) To what extent, if any, should the budget for United 
    States intelligence activities be publicly disclosed.
        ``(15) To what extent, if any, should the United States 
    intelligence community collect information bearing upon private 
    commercial activity and the manner in which such information should 
    be controlled and disseminated.
        ``(16) Whether counterintelligence policies and practices are 
    adequate to ensure that employees of intelligence agencies are 
    sensitive to security problems, and whether intelligence agencies 
    themselves have adequate authority and capability to address 
    perceived security problems.
        ``(17) The manner in which the size, missions, capabilities, and 
    resources of the United States intelligence community compare to 
    those of other countries.
        ``(18) Whether existing collaborative arrangements between the 
    United States and other countries in the area of intelligence 
    cooperation should be maintained and whether such arrangements 
    should be expanded to provide for increased burdensharing.
        ``(19) Whether existing arrangements for sharing intelligence 
    with multinational organizations in support of mutually shared 
    objectives are adequate.
``SEC. 904. REPORTS.
    ``(a) Initial Report.--Not later than two months after the first 
meeting of the Commission, the Commission shall transmit to the 
congressional intelligence committees a report setting forth its plan 
for the work of the Commission.
    ``(b) Interim Reports.--Prior to the submission of the report 
required by subsection (c), the Commission may issue such interim 
reports as it finds necessary and desirable.
    ``(c) Final Report.--No later than March 1, 1996, the Commission 
shall submit to the President and to the congressional intelligence 
committees a report setting forth the activities, findings, and 
recommendations of the Commission, including any recommendations for the 
enactment of legislation that the Commission considers advisable. To the 
extent feasible, such report shall be unclassified and made available to 
the public. Such report shall be supplemented as necessary by a 
classified report or annex, which shall be provided separately to the 
President and the congressional intelligence committees.
``SEC. 905. POWERS.
    ``(a) Hearings.--The Commission or, at its direction, any panel or 
member of the Commission, may, for the purpose of carrying out the 
provisions of this title, hold hearings, sit and act at times and 
places, take testimony, receive evidence, and administer oaths to the 
extent that the Commission or any panel or member considers advisable.
    ``(b) Information From Federal Agencies.--The Commission may secure 
directly from any intelligence agency or from any other Federal 
department or agency any information that the Commission considers 
necessary to enable the Commission to carry out its responsibilities 
under this section. Upon request of the Chairman of the Commission, the 
head of any such department or agency shall furnish such information 
expeditiously to the Commission.
    ``(c) Postal, Printing and Binding Services.--The Commission may use 
the United States mails and obtain printing and binding services in the 
same manner and under the same conditions as other departments and 
agencies of the Federal Government.
    ``(d) Subcommittees.--The Commission may establish panels composed 
of less than the full membership of the Commission for the purpose of 
carrying out the Commission's duties. The actions of each such panel 
shall be subject to the review and control of the Commission. Any 
findings and determinations made by such a panel shall not be considered 
the findings and determinations of the Commission unless approved by the 
Commission.
    ``(e) Authority of Individuals To Act for Commission.--Any member or 
agent of the Commission may, if authorized by the Commission, take any 
action which the Commission is authorized to take under this title.
``SEC. 906. PERSONNEL MATTERS.
    ``(a) Compensation of Members.--Each member of the Commission who is 
a private United States citizen shall be paid, if requested, at a rate 
equal to the daily equivalent of the annual rate of basic pay payable 
for level V of the Executive Schedule under section 5316 of title 5, 
United States Code, for each day (including travel time) during which 
the member is engaged in the performance of the duties of the 
Commission. All members of the Commission who are Members of Congress 
shall serve without compensation in addition to that received for their 
services as Members of Congress.
    ``(b) Travel Expenses.--Each member of the Commission shall be 
allowed travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under subchapter I of chapter 
57 of title 5, United States Code, while away from their homes or 
regular places of business in the performance of services for the 
Commission.
    ``(c) Staff.--
        ``(1) In general.--The Chairman of the Commission may, without 
    regard to the provisions of title 5, United States Code, governing 
    appointments in the competitive service, appoint a staff director 
    and such additional personnel as may be necessary to enable the 
    Commission to perform its duties. The staff director of the 
    Commission shall be appointed from private life, and such 
    appointment shall be subject to the approval of the Commission as a 
    whole. No member of the professional staff may be a current officer 
    or employee of an intelligence agency, except that up to three 
    current employees of intelligence agencies who are on rotational 
    assignment to the Executive Office of the President may serve on the 
    Commission staff, subject to the approval of the Commission as a 
    whole.
        ``(2) Compensation.--The Chairman of the Commission may fix the 
    pay of the staff director and other personnel without regard to the 
    provisions of chapter 51 and subchapter III of chapter 53 of title 
    5, United States Code, relating to classification of positions and 
    General Schedule pay rates, except that the rate of pay fixed under 
    this paragraph for the staff director may not exceed the rate 
    payable for level V of the Executive Schedule under section 5316 of 
    such title and the rate of pay for other personnel may not exceed 
    the maximum rate payable for grade GS-15 of the General Schedule.
    ``(d) Detail of Government Employees.--Upon request of the Chairman 
of the Commission, the head of any Federal department or agency may 
detail, on a nonreimbursable basis, any personnel of that department or 
agency to the Commission to assist it in carrying out its administrative 
and clerical functions.
    ``(e) Procurement of Temporary and Intermittent Services.--The 
Chairman of the Commission may procure temporary and intermittent 
services under section 3109(b) of title 5, United States Code, at rates 
for individuals which do not exceed the daily equivalent of the annual 
rate of basic pay payable for level V of the Executive Schedule under 
section 5316 of such title.
    ``(f) Administrative and Support Services.--The Director of Central 
Intelligence shall furnish the Commission, on a non-reimbursable basis, 
any administrative and support services requested by the Commission 
consistent with this title.
``SEC. 907. PAYMENT OF COMMISSION EXPENSES.
    ``The compensation, travel expenses, per diem allowances of members 
and employees of the Commission, and other expenses of the Commission 
shall be paid out of funds available to the Director of Central 
Intelligence for the payment of compensation, travel allowances, and per 
diem allowances, respectively, of employees of the Central Intelligence 
Agency.
``SEC. 908. TERMINATION OF THE COMMISSION.
    ``The Commission shall terminate one month after the date of the 
submission of the report required by section 904(c).
``SEC. 909. DEFINITIONS.
    ``For purposes of this title--
        ``(1) the term `intelligence agency' means any agency, office, 
    or element of the intelligence community;
        ``(2) the term `intelligence community' shall have the same 
    meaning as set forth in section 3(4) of the National Security Act of 
    1947 (50 U.S.C. 401a(4)); and
        ``(3) the term `congressional intelligence committees' refers to 
    the Select Committee on Intelligence of the Senate and the Permanent 
    Select Committee on Intelligence of the House of Representatives.''


          National Commission on Defense and National Security

    Pub. L. 101-511, title VIII, Sec. 8104, Nov. 5, 1990, 104 Stat. 
1898, as amended by Pub. L. 102-172, title VIII, Sec. 8078, Nov. 26, 
1991, 105 Stat. 1189, provided that:
    ``SECTION 1. This section establishes the National Commission on 
Defense and National Security.
``SEC. 2. FINDINGS.
    ``The Congress makes the following findings:
        ``(1) Recent revolutionary world events require a fundamental 
    reassessment of the defense and national security policies of the 
    United States.
        ``(2) Emerging democracies around the world will require 
    political, technical, and economic assistance, as well as military 
    assistance, from the developed free nations in order to thrive and 
    to become productive members of the world community.
        ``(3) Real and potential military threats to the United States 
    and its allies will continue to exist for the foreseeable future 
    from not just the Soviet Union but also from terrorism and from 
    Third World nations.
        ``(4) Proliferation of both sophisticated conventional weapons 
    and of nuclear weapons could produce a world more dangerous than we 
    have faced in the past.
        ``(5) Ethnic rivalries as well as economic inequalities may 
    produce instabilities that could spark serious conflict.
        ``(6) In order to formulate coherent national policies to meet 
    these challenges of a new world environment, it is essential for the 
    United States to achieve a bipartisan consensus such as that which 
    emerged following World War II.
        ``(7) Such a consensus can be fostered by the development of 
    policy recommendations from a highly respected group of individuals 
    who do not bear a partisan label and who possess critical expertise 
    and experience.
``SEC. 3. ESTABLISHMENT.
    ``There is established a commission to be known as [the] National 
Commission on Defense and National Security (hereinafter in this Act 
referred to as the `Commission'). The Commission is established until 30 
days following submission of the final report required by section 6 of 
this section.
``SEC. 4. DUTIES OF COMMISSION.
    ``(a) In General.--The Commission shall analyze and make 
recommendations to the President and Congress concerning the national 
security and national defense policies of the United States.
    ``(b) Matters To Be Analyzed.--Matters to be analyzed by the 
Commission shall include the following:
        ``(1) The world-wide interests, goals, and objectives of the 
    United States that are vital to the national security of the United 
    States.
        ``(2) The political, economic, and military developments around 
    the world and the implications of those developments for United 
    States national security interests, including--
            ``(A) the developments in Eastern Europe and the Soviet 
        Union;
            ``(B) the question of German unification;
            ``(C) the future of NATO and European economic integration;
            ``(D) the future of the Pacific Basin; and
            ``(E) potential instability resulting from regional 
        conflicts or economic problems in the developing world.
        ``(3) The foreign policy, world-wide commitments, and national 
    defense capabilities of the United States necessary to deter 
    aggression and implement the national security strategy of the 
    United States, including the contribution that can be made by 
    bilateral and multilateral political and economic associations in 
    promoting interests that the United States shares with other members 
    of the world community.
        ``(4) The proposed short-term uses of the political, economic, 
    military, and other elements of national power for the United States 
    to protect or promote the interests and to achieve the goals and 
    objectives referred to in paragraph (1).
        ``(5) Long-term options that should be considered further for a 
    number of potential courses of world events over the remainder of 
    the century and into the next century.
``SEC. 5. MEMBERSHIP.
    ``(a) Number and Appointment.--The Commission shall be composed of 
10 members, as follows:
        ``(1) Three appointed by the President.
        ``(2) Three appointed by the Speaker of the House of 
    Representatives.
        ``(3) One appointed by the minority leader of the House of 
    Representatives.
        ``(4) Two appointed by the majority leader of the Senate.
        ``(5) One appointed by the minority leader of the Senate.
    ``(b) Qualifications.--Persons appointed to the Commission shall be 
persons who are not officers or employees of the Federal Government 
(including Members of Congress) and who are specially qualified to serve 
on the Commission by virtue of their education, training, or experience.
    ``(c) Terms.--Members shall be appointed for the life of the 
Commission. A vacancy in the Commission shall be filled in the manner in 
which the original appointment was made.
    ``(d) Basic Pay.--Members of the Commission shall serve without pay.
    ``(e) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number may hold hearings.
    ``(f) Chairman and Vice Chairman.--The Chairman of the Commission 
shall be designated by the President from among the members appointed by 
the President. The Vice Chairman of the Commission shall be designated 
by the Speaker of the House of Representatives from among the members 
appointed by the Speaker.
    ``(g) Meetings.--The Commission shall meet at the call of the 
Chairman or a majority of its members.
    ``(h) Deadline for Appointments.--Members of the Commission shall be 
appointed not later than the end of the 30-day period beginning on the 
date of the enactment of this Act [Nov. 5, 1990].
``SEC. 6. REPORTS.
    ``(a) Initial Report.--The Commission shall transmit to the 
President and to Congress an initial report not later than six months 
after the date on which the Commission is first constituted with a 
quorum.
    ``(b) Final Report.--The Commission shall transmit to the President 
and to Congress a final report one year following submission of the 
initial report under subsection (a).
    ``(c) Contents of Reports.--The report under subsection (b) shall 
contain a detailed statement of the findings and conclusions of the 
Commission concerning the matters to be studied by the Commission under 
section 4, together with its recommendations for such legislation and 
administrative actions as it considers appropriate. Such report shall 
include a comprehensive description and discussion of the matters set 
forth in section 4.
    ``(d) Reports To Be Unclassified.--Each such report shall be 
submitted in unclassified form.
    ``(e) Additional and Minority Views.--Each report may include such 
additional and minority views as individual members of the Commission 
may request be included.
``SEC. 7. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
    ``(a) Director.--The Commission shall, without regard to section 
5311(b) of title 5, United States Code, have a Director who shall be 
appointed by the Chairman and who shall be paid at a rate not to exceed 
the maximum rate of basic pay payable for GS-18 of the General Schedule.
    ``(b) Staff.--The Chairman may appoint and fix the pay of such 
additional personnel as the Chairman considers appropriate.
    ``(c) Applicability of Certain Civil Service Laws.--The Director and 
staff of the Commission may be appointed without regard to the 
provisions of title 5, United States Code, governing appointments in the 
competitive service, and may be paid without regard to the provisions of 
chapter 51 and subchapter III of chapter 53 of such title relating to 
classification and General Schedule pay rates, except that no individual 
so appointed may receive pay in excess of the annual rate of basic pay 
payable for GS-18 of the General Schedule.
    ``(d) Experts and Consultants.--Subject to such rules as may be 
prescribed by the Commission, the Chairman may procure temporary and 
intermittent services under section 3109(b) of title 5 of the United 
States Code, but at rates for individuals not to exceed the daily 
equivalent of the maximum annual rate of basic pay payable for GS-18 of 
the General Schedule.
    ``(e) Staff of Federal Agencies.--Upon request of the Commission, 
the head of any Federal agency may detail, on a reimbursable basis, any 
of the personnel of such agency to the Commission to assist the 
Commission in carrying out its duties under this Act.
``SEC. 8. POWERS OF COMMISSION
    ``(a) Hearings and Sessions.--The Commission may, for the purpose of 
carrying out this Act, hold such hearings, sit and act at such times and 
places, take such testimony, and receive such evidence, as the 
Commission considers appropriate.
    ``(b) Powers of Members and Agents.--Any member or agent of the 
Commission may, if so authorized by the Commission, take any action 
which the Commission is authorized to take by this section.
    ``(c) Obtaining Official Data.--The Chairman or a designee on behalf 
of the Chairman may request information necessary to enable the 
Commission to carry out this Act directly from any department or agency 
of the United States.
    ``(d) Gifts.--The Commission may accept, use, and dispose of gifts 
or donations of services or property.
    ``(e) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the United States.
    ``(f) Administrative Support Services.--The Administrator of General 
Services shall provide to the Commission on a reimbursable basis such 
administrative support services as the Commission may request.
``SEC. 9. INITIAL FUNDING OF COMMISSION.
    ``If funds are not otherwise available for the necessary expenses of 
the Commission for fiscal year 1991, the Secretary of Defense shall make 
available to the Commission, from funds available to the Secretary for 
the fiscal year concerned, such funds as the Commission requires. When 
funds are specifically appropriated for the expenses of the Commission, 
the Commission shall reimburse the Secretary from such funds for any 
funds provided to it under the preceding sentence.''
    [References in laws to the rates of pay for GS-16, 17, or 18, or to 
maximum rates of pay under the General Schedule, to be considered 
references to rates payable under specified sections of Title 5, 
Government Organization and Employees, see section 529 [title I, 
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 
of Title 5.]


               Intelligence Priorities and Reorganization

    Pub. L. 101-510, div. A, title IX, Sec. 907, Nov. 5, 1990, 104 Stat. 
1622, provided that:
    ``(a) Revision of Priorities and Consolidation of Functions.--The 
Secretary of Defense, together with the Director of Central 
Intelligence, shall conduct a joint review of all intelligence and 
intelligence-related activities in the Tactical Intelligence and Related 
Activities (TIARA) programs and the National Foreign Intelligence 
Program (NFIP). The Secretary, together with the Director, shall take 
the following actions with respect to those activities:
        ``(1) In cases in which redundancy or fragmentation exist, 
    consolidate functions, programs, organizations, and operations to 
    improve the efficiency and effectiveness of the conduct of those 
    intelligence activities or programs.
        ``(2) Revise intelligence collection and analysis priorities and 
    resource allocations to reflect changes in the international 
    security environment.
        ``(3) Strengthen joint intelligence functions, operations, and 
    organizations.
        ``(4) Improve the quality and independence of intelligence 
    support to the weapons acquisition process.
        ``(5) Improve the responsiveness and utility of national 
    intelligence systems and organizations to the needs of the combatant 
    commanders.
    ``(b) Personnel Reductions.--(1) The number of personnel assigned or 
detailed to the National Foreign Intelligence Program and related 
Tactical Intelligence and Related Activities programs shall be reduced 
by not less than 5 percent of the number of such personnel described in 
paragraph (2) during each of fiscal years 1992 through 1996.
    ``(2) The number of personnel referred to in paragraph (1) is the 
number of personnel assigned or detailed to such programs on September 
30, 1990.''


              Foreign Intelligence Electronic Surveillance

    For provisions relating to the exercise of certain authority 
respecting foreign intelligence electronic surveillance, see Ex. Ord. 
No. 12139, May 23, 1979, 44 F.R. 30311, set out under section 1802 of 
this title.


     Change of Titles of Secretary of Defense, et al.; Reappointment

    Section 12(f) of act Aug. 10, 1949, provided in part that: ``The 
titles of the Secretary of Defense, the Secretary of the Army, the 
Secretary of the Navy, the Secretary of the Air Force, the Under 
Secretaries and the Assistant Secretaries of the Departments of the 
Army, Navy, and Air Force, the Chairman of the Munitions Board, and the 
Chairman of the Research and Development Board, shall not be changed by 
virtue of this Act [see Short Title of 1949 Amendment note set out 
above] and the reappointment of the officials holding such titles on the 
effective date of this Act [Aug. 10, 1949] shall not be required.''


                    Reorganization Plan No. 8 of 1949

    Section 12(i) of act Aug. 10, 1949, provided that: ``Reorganization 
Plan Numbered 8 of 1949, which was transmitted to the Congress by the 
President on July 18, 1949 [set out in Appendix to Title 5, Government 
Organization and Employees] pursuant to the provisions of the 
Reorganization Act of 1949, shall not take effect, notwithstanding the 
provisions of section 6 of such Reorganization Act of 1949.''

               Ex. Ord. No. 10431. National Security Medal

    Ex. Ord. No. 10431, Jan. 19, 1953, 18 F.R. 437, provided:
    1. There is hereby established a medal to be known as the National 
Security Medal with accompanying ribbons and appurtenances. The medal 
and its appurtenances shall be of appropriate design, approved by the 
Executive Secretary of the National Security Council.
    2. The National Security Medal may be awarded to any person, without 
regard to nationality, including members of the armed forces of the 
United States, for distinguished achievement or outstanding contribution 
on or after July 26, 1947, in the field of intelligence relating to the 
national security.
    3. The decoration established by this order shall be awarded by the 
President of the United States or, under regulations approved by him, by 
such person or persons as he may designate.
    4. No more than one National Security Medal shall be awarded to any 
one person, but for subsequent services justifying an award, a suitable 
device may be awarded to be worn with the Medal.
    5. Members of the armed forces of the United States who are awarded 
the decoration established by this order are authorized to wear the 
medal and the ribbon symbolic of the award, as may be authorized by 
uniform regulations approved by the Secretary of Defense.
    6. The decoration established by this order may be awarded 
posthumously.

     Regulations Governing the Award of the National Security Medal

    Pursuant to Paragraph 2 of Executive Order 10431, the following 
regulations are hereby issued to govern the award of the National 
Security Medal:
    1. The National Security Medal may be awarded to any person without 
regard to nationality, including a member of the Armed Forces of the 
United States, who, on or after 26 July 1947, has made an outstanding 
contribution to the National intelligence effort. This contribution may 
consist of either exceptionally meritorious service performed in a 
position of high responsibility or of an act of valor requiring personal 
courage of a high degree and complete disregard of personal safety.
    2. The National Security Medal with accompanying ribbon and 
appurtenances, shall be of appropriate design to be approved by the 
Executive Secretary of the National Security Council.
    3. The National Security Medal shall be awarded only by the 
President or his designee for that purpose.
    4. Recommendations may be submitted to the Executive Secretary of 
the National Security Council by any individual having personal 
knowledge of the facts of the exceptionally meritorious conduct or act 
of valor of the candidate in the performance of outstanding services, 
either as an eyewitness or from the testimony of others who have 
personal knowledge or were eyewitnesses. Any recommendations shall be 
accompanied by complete documentation, including where necessary, 
certificates, affidavits or sworn transcripts of testimony. Each 
recommendation for an award shall show the exact status, at the time of 
the rendition of the service on which the recommendation is based, with 
respect to citizenship, employment, and all other material factors, of 
the person who is being recommended for the National Security Medal.
    5. Each recommendation shall contain a draft of an appropriate 
citation to accompany the award of the National Security Medal.

                        Executive Order No. 11905

    Ex. Ord. No. 11905, Feb. 18, 1976, 41 F.R. 7703, as amended by Ex. 
Ord. No. 11985, May 13, 1977, 42 F.R. 25487; Ex. Ord. No. 11994, June 1, 
1977, 42 F.R. 28869, which related to United States foreign intelligence 
activities, was superseded by Ex. Ord. No. 12036, Jan. 24, 1978, 43 F.R. 
3674, formerly set out below.

                        Executive Order No. 12036

    Ex. Ord. No. 12036, Jan. 24, 1978, 43 F.R. 3674, as amended by Ex. 
Ord. No. 12139, May 23, 1979, 44 F.R. 30311, which related to United 
States foreign intelligence activities, was revoked by Ex. Ord. No. 
12333, Dec. 4, 1981, 46 F.R. 59941, set out below.

        Ex. Ord. No. 12333. United States Intelligence Activities

    Ex. Ord. No. 12333, Dec. 4, 1981, 46 F.R. 59941, provided:

                                                TABLE OF CONTENTS



Preamble

     Part 1. Goals, Direction, Duties, and Responsibilities With Respect to the
 National Intelligence Effort
Sec.

1.1..........................................  Goals
1.2..........................................  The National Security Council
1.3..........................................  National Foreign Intelligence Ad
visory Groups
1.4..........................................  The Intelligence Community
1.5..........................................  Director of Central Intelligence
1.6..........................................  Duties and Responsibilities of t
he Heads of Executive Branch
                                                Departments and Agencies
1.7..........................................  Senior Officials of the Intellig
ence Community
1.8..........................................  The Central Intelligence Agency
1.9..........................................  The Department of State
1.10.........................................  The Department of the Treasury
1.11.........................................  The Department of Defense
1.12.........................................  Intelligence Components Utilized
 by the Secretary of Defense
1.13.........................................  The Department of Energy
1.14.........................................  The Federal Bureau of Investigat
ion

                                   Part 2. Conduct of Intelligence Activities

2.1..........................................  Need
2.2..........................................  Purpose
2.3..........................................  Collection of Information
2.4..........................................  Collection Techniques
2.5..........................................  Attorney General Approval
2.6..........................................  Assistance to Law Enforcement Au
thorities
2.7..........................................  Contracting
2.8..........................................  Consistency With Other Laws
2.9..........................................  Undisclosed Participation in Org
anizations Within the United
                                                States
2.10.........................................  Human Experimentation
2.11.........................................  Prohibition on Assassination
2.12.........................................  Indirect Participation

                                           Part 3. General Provisions

3.1..........................................  Congressional Oversight
3.2..........................................  Implementation
3.3..........................................  Procedures
3.4..........................................  Definitions
3.5..........................................  Purpose and Effect
3.6..........................................  Revocation


    Timely and accurate information about the activities, capabilities, 
plans, and intentions of foreign powers, organizations, and persons, and 
their agents, is essential to the national security of the United 
States. All reasonable and lawful means must be used to ensure that the 
United States will receive the best intelligence available. For that 
purpose, by virtue of the authority vested in me by the Constitution and 
statutes of the United States of America, including the National 
Security Act of 1947, as amended [see Short Title note above], and as 
President of the United States of America, in order to provide for the 
effective conduct of United States intelligence activities and the 
protection of constitutional rights, it is hereby ordered as follows:

   PART 1--GOALS, DIRECTION, DUTIES AND RESPONSIBILITIES WITH 
           RESPECT TO THE NATIONAL INTELLIGENCE EFFORT

                            1.1 Goals

    The United States intelligence effort shall provide the President 
and the National Security Council with the necessary information on 
which to base decisions concerning the conduct and development of 
foreign, defense and economic policy, and the protection of United 
States national interests from foreign security threats. All departments 
and agencies shall cooperate fully to fulfill this goal.
    (a) Maximum emphasis should be given to fostering analytical 
competition among appropriate elements of the Intelligence Community.
    (b) All means, consistent with applicable United States law and this 
Order, and with full consideration of the rights of United States 
persons, shall be used to develop intelligence information for the 
President and the National Security Council. A balanced approach between 
technical collection efforts and other means should be maintained and 
encouraged.
    (c) Special emphasis should be given to detecting and countering 
espionage and other threats and activities directed by foreign 
intelligence services against the United States Government, or United 
States corporations, establishments, or persons.
    (d) To the greatest extent possible consistent with applicable 
United States law and this Order, and with full consideration of the 
rights of United States persons, all agencies and departments should 
seek to ensure full and free exchange of information in order to derive 
maximum benefit from the United States intelligence effort.

                1.2 The National Security Council

    (a) Purpose. The National Security Council (NSC) was established by 
the National Security Act of 1947 [see Short Title note above] to advise 
the President with respect to the integration of domestic, foreign and 
military policies relating to the national security. The NSC shall act 
as the highest Executive Branch entity that provides review of, guidance 
for and direction to the conduct of all national foreign intelligence, 
counterintelligence, and special activities, and attendant policies and 
programs.
    (b) Committees. The NSC shall establish such committees as may be 
necessary to carry out its functions and responsibilities under this 
Order. The NSC, or a committee established by it, shall consider and 
submit to the President a policy recommendation, including all dissents, 
on each special activity and shall review proposals for other sensitive 
intelligence operations.

        1.3 National Foreign Intelligence Advisory Groups

    (a) Establishment and Duties. The Director of Central Intelligence 
shall establish such boards, councils, or groups as required for the 
purpose of obtaining advice from within the Intelligence Community 
concerning:
    (1) Production, review and coordination of national foreign 
intelligence;
    (2) Priorities for the National Foreign Intelligence Program budget;
    (3) Interagency exchanges of foreign intelligence information;
    (4) Arrangements with foreign governments on intelligence matters;
    (5) Protection of intelligence sources and methods;
    (6) Activities of common concern; and
    (7) Such other matters as may be referred by the Director of Central 
Intelligence.
    (b) Membership. Advisory groups established pursuant to this section 
shall be chaired by the Director of Central Intelligence or his 
designated representative and shall consist of senior representatives 
from organizations within the Intelligence Community and from 
departments or agencies containing such organizations, as designated by 
the Director of Central Intelligence. Groups for consideration of 
substantive intelligence matters will include representatives of 
organizations involved in the collection, processing and analysis of 
intelligence. A senior representative of the Secretary of Commerce, the 
Attorney General, the Assistant to the President for National Security 
Affairs, and the Office of the Secretary of Defense shall be invited to 
participate in any group which deals with other than substantive 
intelligence matters.

                 1.4 The Intelligence Community

    The agencies within the Intelligence Community shall, in accordance 
with applicable United States law and with the other provisions of this 
Order, conduct intelligence activities necessary for the conduct of 
foreign relations and the protection of the national security of the 
United States, including:
    (a) Collection of information needed by the President, the National 
Security Council, the Secretaries of State and Defense, and other 
Executive Branch officials for the performance of their duties and 
responsibilities;
    (b) Production and dissemination of intelligence;
    (c) Collection of information concerning, and the conduct of 
activities to protect against, intelligence activities directed against 
the United States, international terrorist and international narcotics 
activities, and other hostile activities directed against the United 
States by foreign powers, organizations, persons, and their agents;
    (d) Special activities;
    (e) Administrative and support activities within the United States 
and abroad necessary for the performance of authorized activities; and
    (f) Such other intelligence activities as the President may direct 
from time to time.

              1.5 Director of Central Intelligence

    In order to discharge the duties and responsibilities prescribed by 
law, the Director of Central Intelligence shall be responsible directly 
to the President and the NSC and shall:
    (a) Act as the primary adviser to the President and the NSC on 
national foreign intelligence and provide the President and other 
officials in the Executive Branch with national foreign intelligence;
    (b) Develop such objectives and guidance for the Intelligence 
Community as will enhance capabilities for responding to expected future 
needs for national foreign intelligence;
    (c) Promote the development and maintenance of services of common 
concern by designated intelligence organizations on behalf of the 
Intelligence Community;
    (d) Ensure implementation of special activities;
    (e) Formulate policies concerning foreign intelligence and 
counterintelligence arrangements with foreign governments, coordinate 
foreign intelligence and counterintelligence relationships between 
agencies of the Intelligence Community and the intelligence or internal 
security services of foreign governments, and establish procedures 
governing the conduct of liaison by any department or agency with such 
services on narcotics activities;
    (f) Participate in the development of procedures approved by the 
Attorney General governing criminal narcotics intelligence activities 
abroad to ensure that these activities are consistent with foreign 
intelligence programs;
    (g) Ensure the establishment by the Intelligence Community of common 
security and access standards for managing and handling foreign 
intelligence systems, information, and products;
    (h) Ensure that programs are developed which protect intelligence 
sources, methods, and analytical procedures;
    (i) Establish uniform criteria for the determination of relative 
priorities for the transmission of critical national foreign 
intelligence, and advise the Secretary of Defense concerning the 
communications requirements of the Intelligence Community for the 
transmission of such intelligence;
    (j) Establish appropriate staffs, committees, or other advisory 
groups to assist in the execution of the Director's responsibilities;
    (k) Have full responsibility for production and dissemination of 
national foreign intelligence, and authority to levy analytic tasks on 
departmental intelligence production organizations, in consultation with 
those organizations, ensuring that appropriate mechanisms for 
competitive analysis are developed so that diverse points of view are 
considered fully and differences of judgment within the Intelligence 
Community are brought to the attention of national policymakers;
    (l) Ensure the timely exploitation and dissemination of data 
gathered by national foreign intelligence collection means, and ensure 
that the resulting intelligence is disseminated immediately to 
appropriate government entities and military commands;
    (m) Establish mechanisms which translate national foreign 
intelligence objectives and priorities approved by the NSC into specific 
guidance for the Intelligence Community, resolve conflicts in tasking 
priority, provide to departments and agencies having information 
collection capabilities that are not part of the National Foreign 
Intelligence Program advisory tasking concerning collection of national 
foreign intelligence, and provide for the development of plans and 
arrangements for transfer of required collection tasking authority to 
the Secretary of Defense when directed by the President;
    (n) Develop, with the advice of the program managers and departments 
and agencies concerned, the consolidated National Foreign Intelligence 
Program budget, and present it to the President and the Congress;
    (o) Review and approve all requests for reprogramming National 
Foreign Intelligence Program funds, in accordance with guidelines 
established by the Office of Management and Budget;
    (p) Monitor National Foreign Intelligence Program implementation, 
and, as necessary, conduct program and performance audits and 
evaluations;
    (q) Together with the Secretary of Defense, ensure that there is no 
unnecessary overlap between national foreign intelligence programs and 
Department of Defense intelligence programs consistent with the 
requirement to develop competitive analysis, and provide to and obtain 
from the Secretary of Defense all information necessary for this 
purpose;
    (r) In accordance with law and relevant procedures approved by the 
Attorney General under this Order, give the heads of the departments and 
agencies access to all intelligence, developed by the CIA or the staff 
elements of the Director of Central Intelligence, relevant to the 
national intelligence needs of the departments and agencies; and
    (s) Facilitate the use of national foreign intelligence products by 
Congress in a secure manner.

1.6 Duties and Responsibilities of the Heads of Executive Branch 
                    Departments and Agencies

    (a) The heads of all Executive Branch departments and agencies 
shall, in accordance with law and relevant procedures approved by the 
Attorney General under this Order, give the Director of Central 
Intelligence access to all information relevant to the national 
intelligence needs of the United States, and shall give due 
consideration to the requests from the Director of Central Intelligence 
for appropriate support for Intelligence Community activities.
    (b) The heads of departments and agencies involved in the National 
Foreign Intelligence Program shall ensure timely development and 
submission to the Director of Central Intelligence by the program 
managers and heads of component activities of proposed national programs 
and budgets in the format designated by the Director of Central 
Intelligence, and shall also ensure that the Director of Central 
Intelligence is provided, in a timely and responsive manner, all 
information necessary to perform the Director's program and budget 
responsibilities.
    (c) The heads of departments and agencies involved in the National 
Foreign Intelligence Program may appeal to the President decisions by 
the Director of Central Intelligence on budget or reprogramming matters 
of the National Foreign Intelligence Program.

       1.7 Senior Officials of the Intelligence Community

    The heads of departments and agencies with organizations in the 
Intelligence Community or the heads of such organizations, as 
appropriate, shall:
    (a) Report to the Attorney General possible violations of federal 
criminal laws by employees and of specified federal criminal laws by any 
other person as provided in procedures agreed upon by the Attorney 
General and the head of the department or agency concerned, in a manner 
consistent with the protection of intelligence sources and methods, as 
specified in those procedures;
    (b) In any case involving serious or continuing breaches of 
security, recommend to the Attorney General that the case be referred to 
the FBI for further investigation;
    (c) Furnish the Director of Central Intelligence and the NSC, in 
accordance with applicable law and procedures approved by the Attorney 
General under this Order, the information required for the performance 
of their respective duties;
    (d) Report to the Intelligence Oversight Board, and keep the 
Director of Central Intelligence appropriately informed, concerning any 
intelligence activities of their organizations that they have reason to 
believe may be unlawful or contrary to Executive order or Presidential 
directive;
    (e) Protect intelligence and intelligence sources and methods from 
unauthorized disclosure consistent with guidance from the Director of 
Central Intelligence;
    (f) Disseminate intelligence to cooperating foreign governments 
under arrangements established or agreed to by the Director of Central 
Intelligence;
    (g) Participate in the development of procedures approved by the 
Attorney General governing production and dissemination of intelligence 
resulting from criminal narcotics intelligence activities abroad if 
their departments, agencies, or organizations have intelligence 
responsibilities for foreign or domestic narcotics production and 
trafficking;
    (h) Instruct their employees to cooperate fully with the 
Intelligence Oversight Board; and
    (i) Ensure that the Inspectors General and General Counsels for 
their organizations have access to any information necessary to perform 
their duties assigned by this Order.

               1.8 The Central Intelligence Agency

    All duties and responsibilities of the CIA shall be related to the 
intelligence functions set out below. As authorized by this Order; the 
National Security Act of 1947, as amended [see Short Title note above]; 
the CIA Act of 1949, as amended [see Short Title of 1949 Amendment note 
above]; appropriate directives or other applicable law, the CIA shall:
    (a) Collect, produce and disseminate foreign intelligence and 
counterintelligence, including information not otherwise obtainable. The 
collection of foreign intelligence or counterintelligence within the 
United States shall be coordinated with the FBI as required by 
procedures agreed upon by the Director of Central Intelligence and the 
Attorney General;
    (b) Collect, produce and disseminate intelligence on foreign aspects 
of narcotics production and trafficking;
    (c) Conduct counterintelligence activities outside the United States 
and, without assuming or performing any internal security functions, 
conduct counterintelligence activities within the United States in 
coordination with the FBI as required by procedures agreed upon [by] the 
Director of Central Intelligence and the Attorney General;
    (d) Coordinate counterintelligence activities and the collection of 
information not otherwise obtainable when conducted outside the United 
States by other departments and agencies;
    (e) Conduct special activities approved by the President. No agency 
except the CIA (or the Armed Forces of the United States in time of war 
declared by Congress or during any period covered by a report from the 
President to the Congress under the War Powers Resolution (87 Stat. 855) 
[50 U.S.C. 1541 et seq.]) may conduct any special activity unless the 
President determines that another agency is more likely to achieve a 
particular objective;
    (f) Conduct services of common concern for the Intelligence 
Community as directed by the NSC;
    (g) Carry out or contract for research, development and procurement 
of technical systems and devices relating to authorized functions;
    (h) Protect the security of its installations, activities, 
information, property, and employees by appropriate means, including 
such investigations of applicants, employees, contractors, and other 
persons with similar associations with the CIA as are necessary; and
    (i) Conduct such administrative and technical support activities 
within and outside the United States as are necessary to perform the 
functions described in sections (a) and [sic] through (h) above, 
including procurement and essential cover and proprietary arrangements.

                   1.9 The Department of State

    The Secretary of State shall:
    (a) Overtly collect information relevant to United States foreign 
policy concerns;
    (b) Produce and disseminate foreign intelligence relating to United 
States foreign policy as required for the execution of the Secretary's 
responsibilities;
    (c) Disseminate, as appropriate, reports received from United States 
diplomatic and consular posts;
    (d) Transmit reporting requirements of the Intelligence Community to 
the Chiefs of United States Missions abroad; and
    (e) Support Chiefs of Missions in discharging their statutory 
responsibilities for direction and coordination of mission activities.

               1.10 The Department of the Treasury

    The Secretary of the Treasury shall:
    (a) Overtly collect foreign financial and monetary information;
    (b) Participate with the Department of State in the overt collection 
of general foreign economic information;
    (c) Produce and disseminate foreign intelligence relating to United 
States economic policy as required for the execution of the Secretary's 
responsibilities; and
    (d) Conduct, through the United States Secret Service, activities to 
determine the existence and capability of surveillance equipment being 
used against the President of the United States, the Executive Office of 
the President, and, as authorized by the Secretary of the Treasury or 
the President, other Secret Service protectees and United States 
officials. No information shall be acquired intentionally through such 
activities except to protect against such surveillance, and those 
activities shall be conducted pursuant to procedures agreed upon by the 
Secretary of the Treasury and the Attorney General.

                 1.11 The Department of Defense

    The Secretary of Defense shall:
    (a) Collect national foreign intelligence and be responsive to 
collection tasking by the Director of Central Intelligence;
    (b) Collect, produce and disseminate military and military-related 
foreign intelligence and counterintelligence as required for execution 
of the Secretary's responsibilities;
    (c) Conduct programs and missions necessary to fulfill national, 
departmental and tactical foreign intelligence requirements;
    (d) Conduct counterintelligence activities in support of Department 
of Defense components outside the United States in coordination with the 
CIA, and within the United States in coordination with the FBI pursuant 
to procedures agreed upon by the Secretary of Defense and the Attorney 
General;
    (e) Conduct, as the executive agent of the United States Government, 
signals intelligence and communications security activities, except as 
otherwise directed by the NSC;
    (f) Provide for the timely transmission of critical intelligence, as 
defined by the Director of Central Intelligence, within the United 
States Government;
    (g) Carry out or contract for research, development and procurement 
of technical systems and devices relating to authorized intelligence 
functions;
    (h) Protect the security of Department of Defense installations, 
activities, property, information, and employees by appropriate means, 
including such investigations of applicants, employees, contractors, and 
other persons with similar associations with the Department of Defense 
as are necessary;
    (i) Establish and maintain military intelligence relationships and 
military intelligence exchange programs with selected cooperative 
foreign defense establishments and international organizations, and 
ensure that such relationships and programs are in accordance with 
policies formulated by the Director of Central Intelligence;
    (j) Direct, operate, control and provide fiscal management for the 
National Security Agency and for defense and military intelligence and 
national reconnaissance entities; and
    (k) Conduct such administrative and technical support activities 
within and outside the United States as are necessary to perform the 
functions described in sections (a) through (j) above.

   1.12 Intelligence Components Utilized by the Secretary of 
                             Defense

    In carrying out the responsibilities assigned in section 1.11, the 
Secretary of Defense is authorized to utilize the following:
    (a) Defense Intelligence Agency, whose responsibilities shall 
include:
    (1) Collection, production, or, through tasking and coordination, 
provision of military and military-related intelligence for the 
Secretary of Defense, the Joint Chiefs of Staff, other Defense 
components, and, as appropriate, non-Defense agencies;
    (2) Collection and provision of military intelligence for national 
foreign intelligence and counterintelligence products;
    (3) Coordination of all Department of Defense intelligence 
collection requirements;
    (4) Management of the Defense Attache system; and
    (5) Provision of foreign intelligence and counterintelligence staff 
support as directed by the Joint Chiefs of Staff.
    (b) National Security Agency, whose responsibilities shall include:
    (1) Establishment and operation of an effective unified organization 
for signals intelligence activities, except for the delegation of 
operational control over certain operations that are conducted through 
other elements of the Intelligence Community. No other department or 
agency may engage in signals intelligence activities except pursuant to 
a delegation by the Secretary of Defense;
    (2) Control of signals intelligence collection and processing 
activities, including assignment of resources to an appropriate agent 
for such periods and tasks as required for the direct support of 
military commanders;
    (3) Collection of signals intelligence information for national 
foreign intelligence purposes in accordance with guidance from the 
Director of Central Intelligence;
    (4) Processing of signals intelligence data for national foreign 
intelligence purposes in accordance with guidance from the Director of 
Central Intelligence;
    (5) Dissemination of signals intelligence information for national 
foreign intelligence purposes to authorized elements of the Government, 
including the military services, in accordance with guidance from the 
Director of Central Intelligence;
    (6) Collection, processing and dissemination of signals intelligence 
information for counterintelligence purposes;
    (7) Provision of signals intelligence support for the conduct of 
military operations in accordance with tasking, priorities, and 
standards of timeliness assigned by the Secretary of Defense. If 
provision of such support requires use of national collection systems, 
these systems will be tasked within existing guidance from the Director 
of Central Intelligence;
    (8) Executing the responsibilities of the Secretary of Defense as 
executive agent for the communications security of the United States 
Government;
    (9) Conduct of research and development to meet the needs of the 
United States for signals intelligence and communications security;
    (10) Protection of the security of its installations, activities, 
property, information, and employees by appropriate means, including 
such investigations of applicants, employees, contractors, and other 
persons with similar associations with the NSA as are necessary;
    (11) Prescribing, within its field of authorized operations, 
security regulations covering operating practices, including the 
transmission, handling and distribution of signals intelligence and 
communications security material within and among the elements under 
control of the Director of the NSA, and exercising the necessary 
supervisory control to ensure compliance with the regulations;
    (12) Conduct of foreign cryptologic liaison relationships, with 
liaison for intelligence purposes conducted in accordance with policies 
formulated by the Director of Central Intelligence; and
    (13) Conduct of such administrative and technical support activities 
within and outside the United States as are necessary to perform the 
functions described in sections (1) through (12) above, including 
procurement.
    (c) Offices for the collection of specialized intelligence through 
reconnaissance programs, whose responsibilities shall include:
    (1) Carrying out consolidated reconnaissance programs for 
specialized intelligence;
    (2) Responding to tasking in accordance with procedures established 
by the Director of Central Intelligence; and
    (3) Delegating authority to the various departments and agencies for 
research, development, procurement, and operation of designated means of 
collection.
    (d) The foreign intelligence and counterintelligence elements of the 
Army, Navy, Air Force, and Marine Corps, whose responsibilities shall 
include:
    (1) Collection, production and dissemination of military and 
military-related foreign intelligence and counterintelligence, and 
information on the foreign aspects of narcotics production and 
trafficking. When collection is conducted in response to national 
foreign intelligence requirements, it will be conducted in accordance 
with guidance from the Director of Central Intelligence. Collection of 
national foreign intelligence, not otherwise obtainable, outside the 
United States shall be coordinated with the CIA, and such collection 
within the United States shall be coordinated with the FBI;
    (2) Conduct of counterintelligence activities outside the United 
States in coordination with the CIA, and within the United States in 
coordination with the FBI; and
    (3) Monitoring of the development, procurement and management of 
tactical intelligence systems and equipment and conducting related 
research, development, and test and evaluation activities.
    (e) Other offices within the Department of Defense appropriate for 
conduct of the intelligence missions and responsibilities assigned to 
the Secretary of Defense. If such other offices are used for 
intelligence purposes, the provisions of Part 2 of this Order shall 
apply to those offices when used for those purposes.

                  1.13 The Department of Energy

    The Secretary of Energy shall:
    (a) Participate with the Department of State in overtly collecting 
information with respect to foreign energy matters;
    (b) Produce and disseminate foreign intelligence necessary for the 
Secretary's responsibilities;
    (c) Participate in formulating intelligence collection and analysis 
requirements where the special expert capability of the Department can 
contribute; and
    (d) Provide expert technical, analytical and research capability to 
other agencies within the Intelligence Community.

            1.14 The Federal Bureau of Investigation

    Under the supervision of the Attorney General and pursuant to such 
regulations as the Attorney General may establish, the Director of the 
FBI shall:
    (a) Within the United States conduct counterintelligence and 
coordinate counterintelligence activities of other agencies within the 
Intelligence Community. When a counterintelligence activity of the FBI 
involves military or civilian personnel of the Department of Defense, 
the FBI shall coordinate with the Department of Defense;
    (b) Conduct counterintelligence activities outside the United States 
in coordination with the CIA as required by procedures agreed upon by 
the Director of Central Intelligence and the Attorney General;
    (c) Conduct within the United States, when requested by officials of 
the Intelligence Community designated by the President, activities 
undertaken to collect foreign intelligence or support foreign 
intelligence collection requirements of other agencies within the 
Intelligence Community, or, when requested by the Director of the 
National Security Agency, to support the communications security 
activities of the United States Government;
    (d) Produce and disseminate foreign intelligence and 
counterintelligence; and
    (e) Carry out or contract for research, development and procurement 
of technical systems and devices relating to the functions authorized 
above.

           PART 2--CONDUCT OF INTELLIGENCE ACTIVITIES

                            2.1 Need

    Accurate and timely information about the capabilities, intentions 
and activities of foreign powers, organizations, or persons and their 
agents is essential to informed decisionmaking in the areas of national 
defense and foreign relations. Collection of such information is a 
priority objective and will be pursued in a vigorous, innovative and 
responsible manner that is consistent with the Constitution and 
applicable law and respectful of the principles upon which the United 
States was founded.

                           2.2 Purpose

    This Order is intended to enhance human and technical collection 
techniques, especially those undertaken abroad, and the acquisition of 
significant foreign intelligence, as well as the detection and 
countering of international terrorist activities and espionage conducted 
by foreign powers. Set forth below are certain general principles that, 
in addition to and consistent with applicable laws, are intended to 
achieve the proper balance between the acquisition of essential 
information and protection of individual interests. Nothing in this 
Order shall be construed to apply to or interfere with any authorized 
civil or criminal law enforcement responsibility of any department or 
agency.

                  2.3 Collection of Information

    Agencies within the Intelligence Community are authorized to 
collect, retain or disseminate information concerning United States 
persons only in accordance with procedures established by the head of 
the agency concerned and approved by the Attorney General, consistent 
with the authorities provided by Part 1 of this Order. Those procedures 
shall permit collection, retention and dissemination of the following 
types of information:
    (a) Information that is publicly available or collected with the 
consent of the person concerned;
    (b) Information constituting foreign intelligence or 
counterintelligence, including such information concerning corporations 
or other commercial organizations. Collection within the United States 
of foreign intelligence not otherwise obtainable shall be undertaken by 
the FBI or, when significant foreign intelligence is sought, by other 
authorized agencies of the Intelligence Community, provided that no 
foreign intelligence collection by such agencies may be undertaken for 
the purpose of acquiring information concerning the domestic activities 
of United States persons;
    (c) Information obtained in the course of a lawful foreign 
intelligence, counterintelligence, international narcotics or 
international terrorism investigation;
    (d) Information needed to protect the safety of any persons or 
organizations, including those who are targets, victims or hostages of 
international terrorist organizations;
    (e) Information needed to protect foreign intelligence or 
counterintelligence sources or methods from unauthorized disclosure. 
Collection within the United States shall be undertaken by the FBI 
except that other agencies of the Intelligence Community may also 
collect such information concerning present or former employees, present 
or former intelligence agency contractors or their present or former 
employees, or applicants for any such employment or contracting;
    (f) Information concerning persons who are reasonably believed to be 
potential sources or contacts for the purpose of determining their 
suitability or credibility;
    (g) Information arising out of a lawful personnel, physical or 
communications security investigation;
    (h) Information acquired by overhead reconnaissance not directed at 
specific United States persons;
    (i) Incidentally obtained information that may indicate involvement 
in activities that may violate federal, state, local or foreign laws; 
and
    (j) Information necessary for administrative purposes.
    In addition, agencies within the Intelligence Community may 
disseminate information, other than information derived from signals 
intelligence, to each appropriate agency within the Intelligence 
Community for purposes of allowing the recipient agency to determine 
whether the information is relevant to its responsibilities and can be 
retained by it.

                    2.4 Collection Techniques

    Agencies within the Intelligence Community shall use the least 
intrusive collection techniques feasible within the United States or 
directed against United States persons abroad. Agencies are not 
authorized to use such techniques as electronic surveillance, 
unconsented physical search, mail surveillance, physical surveillance, 
or monitoring devices unless they are in accordance with procedures 
established by the head of the agency concerned and approved by the 
Attorney General. Such procedures shall protect constitutional and other 
legal rights and limit use of such information to lawful governmental 
purposes. These procedures shall not authorize:
    (a) The CIA to engage in electronic surveillance within the United 
States except for the purpose of training, testing, or conducting 
countermeasures to hostile electronic surveillance;
    (b) Unconsented physical searches in the United States by agencies 
other than the FBI, except for:
    (1) Searches by counterintelligence elements of the military 
services directed against military personnel within the United States or 
abroad for intelligence purposes, when authorized by a military 
commander empowered to approve physical searches for law enforcement 
purposes, based upon a finding of probable cause to believe that such 
persons are acting as agents of foreign powers; and
    (2) Searches by CIA of personal property of non-United States 
persons lawfully in its possession.
    (c) Physical surveillance of a United States person in the United 
States by agencies other than the FBI, except for:
    (1) Physical surveillance of present or former employees, present or 
former intelligence agency contractors or their present or former 
employees, or applicants for any such employment or contracting; and
    (2) Physical surveillance of a military person employed by a 
nonintelligence element of a military service.
    (d) Physical surveillance of a United States person abroad to 
collect foreign intelligence, except to obtain significant information 
that cannot reasonably be acquired by other means.

                  2.5 Attorney General Approval

    The Attorney General hereby is delegated the power to approve the 
use for intelligence purposes, within the United States or against a 
United States person abroad, of any technique for which a warrant would 
be required if undertaken for law enforcement purposes, provided that 
such techniques shall not be undertaken unless the Attorney General has 
determined in each case that there is probable cause to believe that the 
technique is directed against a foreign power or an agent of a foreign 
power. Electronic surveillance, as defined in the Foreign Intelligence 
Surveillance Act of 1978 [50 U.S.C. 1801 et seq.], shall be conducted in 
accordance with that Act, as well as this Order.

          2.6 Assistance to Law Enforcement Authorities

    Agencies within the Intelligence Community are authorized to:
    (a) Cooperate with appropriate law enforcement agencies for the 
purpose of protecting the employees, information, property and 
facilities of any agency within the Intelligence Community;
    (b) Unless otherwise precluded by law or this Order, participate in 
law enforcement activities to investigate or prevent clandestine 
intelligence activities by foreign powers, or international terrorist or 
narcotics activities;
    (c) Provide specialized equipment, technical knowledge, or 
assistance of expert personnel for use by any department or agency, or, 
when lives are endangered, to support local law enforcement agencies. 
Provision of assistance by expert personnel shall be approved in each 
case by the General Counsel of the providing agency; and
    (d) Render any other assistance and cooperation to law enforcement 
authorities not precluded by applicable law.

                         2.7 Contracting

    Agencies within the Intelligence Community are authorized to enter 
into contracts or arrangements for the provision of goods or services 
with private companies or institutions in the United States and need not 
reveal the sponsorship of such contracts or arrangements for authorized 
intelligence purposes. Contracts or arrangements with academic 
institutions may be undertaken only with the consent of appropriate 
officials of the institution.

                 2.8 Consistency With Other Laws

    Nothing in this Order shall be construed to authorize any activity 
in violation of the Constitution or statutes of the United States.

2.9 Undisclosed Participation in Organizations Within the United 
                             States

    No one acting on behalf of agencies within the Intelligence 
Community may join or otherwise participate in any organization in the 
United States on behalf of any agency within the Intelligence Community 
without disclosing his intelligence affiliation to appropriate officials 
of the organization, except in accordance with procedures established by 
the head of the agency concerned and approved by the Attorney General. 
Such participation shall be authorized only if it is essential to 
achieving lawful purposes as determined by the agency head or designee. 
No such participation may be undertaken for the purpose of influencing 
the activity of the organization or its members except in cases where:
    (a) The participation is undertaken on behalf of the FBI in the 
course of a lawful investigation; or
    (b) The organization concerned is composed primarily of individuals 
who are not United States persons and is reasonably believed to be 
acting on behalf of a foreign power.

                   2.10 Human Experimentation

    No agency within the Intelligence Community shall sponsor, contract 
for or conduct research on human subjects except in accordance with 
guidelines issued by the Department of Health and Human Services. The 
subject's informed consent shall be documented as required by those 
guidelines.

                2.11 Prohibition on Assassination

    No person employed by or acting on behalf of the United States 
Government shall engage in, or conspire to engage in, assassination.

                   2.12 Indirect Participation

    No agency of the Intelligence Community shall participate in or 
request any person to undertake activities forbidden by this Order.

                   PART 3--GENERAL PROVISIONS

                   3.1 Congressional Oversight

    The duties and responsibilities of the Director of Central 
Intelligence and the heads of other departments, agencies, and entities 
engaged in intelligence activities to cooperate with the Congress in the 
conduct of its responsibilities for oversight of intelligence activities 
shall be as provided in title 50, United States Code, section 413. The 
requirements of section 662 of the Foreign Assistance Act of 1961, as 
amended (22 U.S.C. 2422), and section 501 of the National Security Act 
of 1947, as amended (50 U.S.C. 413), shall apply to all special 
activities as defined in this Order.

                       3.2 Implementation

    The NSC, the Secretary of Defense, the Attorney General, and the 
Director of Central Intelligence shall issue such appropriate directives 
and procedures as are necessary to implement this Order. Heads of 
agencies within the Intelligence Community shall issue appropriate 
supplementary directives and procedures consistent with this Order. The 
Attorney General shall provide a statement of reasons for not approving 
any procedures established by the head of an agency in the Intelligence 
Community other than the FBI. The National Security Council may 
establish procedures in instances where the agency head and the Attorney 
General are unable to reach agreement on other than constitutional or 
other legal grounds.

                         3.3 Procedures

    Until the procedures required by this Order have been established, 
the activities herein authorized which require procedures shall be 
conducted in accordance with existing procedures or requirements 
established under Executive Order No. 12036 [formerly set out above]. 
Procedures required by this Order shall be established as expeditiously 
as possible. All procedures promulgated pursuant to this Order shall be 
made available to the congressional intelligence committees.

                         3.4 Definitions

    For the purposes of this Order, the following terms shall have these 
meanings:
    (a) Counterintelligence means information gathered and activities 
conducted to protect against espionage, other intelligence activities, 
sabotage, or assassinations conducted for or on behalf of foreign 
powers, organizations or persons, or international terrorist activities, 
but not including personnel, physical, document or communications 
security programs.
    (b) Electronic surveillance means acquisition of a nonpublic 
communication by electronic means without the consent of a person who is 
a party to an electronic communication or, in the case of a 
nonelectronic communication, without the consent of a person who is 
visably [sic] present at the place of communication, but not including 
the use of radio direction-finding equipment solely to determine the 
location of a transmitter.
    (c) Employee means a person employed by, assigned to or acting for 
an agency within the Intelligence Community.
    (d) Foreign intelligence means information relating to the 
capabilities, intentions and activities of foreign powers, organizations 
or persons, but not including counterintelligence except for information 
on international terrorist activities.
    (e) Intelligence activities means all activities that agencies 
within the Intelligence Community are authorized to conduct pursuant to 
this Order.
    (f) Intelligence Community and agencies within the Intelligence 
Community refer to the following agencies or organizations:
    (1) The Central Intelligence Agency (CIA);
    (2) The National Security Agency (NSA);
    (3) The Defense Intelligence Agency (DIA);
    (4) The offices within the Department of Defense for the collection 
of specialized national foreign intelligence through reconnaissance 
programs;
    (5) The Bureau of Intelligence and Research of the Department of 
State;
    (6) The intelligence elements of the Army, Navy, Air Force, and 
Marine Corps, the Federal Bureau of Investigation (FBI), the Department 
of the Treasury, and the Department of Energy; and
    (7) The staff elements of the Director of Central Intelligence.
    (g) The National Foreign Intelligence Program includes the programs 
listed below, but its composition shall be subject to review by the 
National Security Council and modification by the President:
    (1) The programs of the CIA;
    (2) The Consolidated Cryptologic Program, the General Defense 
Intelligence Program, and the programs of the offices within the 
Department of Defense for the collection of specialized national foreign 
intelligence through reconnaissance, except such elements as the 
Director of Central Intelligence and the Secretary of Defense agree 
should be excluded;
    (3) Other programs of agencies within the Intelligence Community 
designated jointly by the Director of Central Intelligence and the head 
of the department or by the President as national foreign intelligence 
or counterintelligence activities;
    (4) Activities of the staff elements of the Director of Central 
Intelligence;
    (5) Activities to acquire the intelligence required for the planning 
and conduct of tactical operations by the United States military forces 
are not included in the National Foreign Intelligence Program.
    (h) Special activities means activities conducted in support of 
national foreign policy objectives abroad which are planned and executed 
so that the role of the United States Government is not apparent or 
acknowledged publicly, and functions in support of such activities, but 
which are not intended to influence United States political processes, 
public opinion, policies, or media and do not include diplomatic 
activities or the collection and production of intelligence or related 
support functions.
    (i) United States person means a United States citizen, an alien 
known by the intelligence agency concerned to be a permanent resident 
alien, an unincorporated association substantially composed of United 
States citizens or permanent resident aliens, or a corporation 
incorporated in the United States, except for a corporation directed and 
controlled by a foreign government or governments.

                     3.5 Purpose and Effect

    This Order is intended to control and provide direction and guidance 
to the Intelligence Community. Nothing contained herein or in any 
procedures promulgated hereunder is intended to confer any substantive 
or procedural right or privilege on any person or organization.

                         3.6 Revocation

    Executive Order No. 12036 of January 24, 1978, as amended, entitled 
``United States Intelligence Activities,'' is revoked.
                                                          Ronald Reagan.

                        Executive Order No. 12334

    Ex. Ord. No. 12334, Dec. 4, 1981, 46 F.R. 59955, as amended by Ex. 
Ord. No. 12701, Feb. 14, 1990, 55 F.R. 5953, which established the 
President's Intelligence Oversight Board, was revoked by Ex. Ord. No. 
12863, Sec. 3.3, Sept. 13, 1993, 58 F.R. 48441, set out below.

   Ex. Ord. No. 12863. President's Foreign Intelligence Advisory Board

    Ex. Ord. No. 12863, Sept. 13, 1993, 58 F.R. 48441, as amended by Ex. 
Ord. No. 13070, Dec. 15, 1997, 62 F.R. 66493, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, and in order to enhance the 
security of the United States by improving the quality and effectiveness 
of intelligence available to the United States, and to assure the 
legality of activities of the Intelligence Community, it is ordered as 
follows:

          PART I. ASSESSMENT OF INTELLIGENCE ACTIVITIES

    Section 1.1. There is hereby established within the White House 
Office, Executive Office of the President, the President's Foreign 
Intelligence Advisory Board (PFIAB). The PFIAB shall consist of not more 
than 16 members, who shall serve at the pleasure of the President and 
shall be appointed by the President from among trustworthy and 
distinguished citizens outside the Government who are qualified on the 
basis of achievement, experience and independence. The President shall 
establish the terms of the members upon their appointment. To the extent 
practicable, one-third of the PFIAB at any one time shall be comprised 
of members whose term of service does not exceed 2 years. The President 
shall designate a Chairman and Vice Chairman from among the members. The 
PFIAB shall utilize full-time staff and consultants as authorized by the 
President. Such staff shall be headed by an Executive Director, 
appointed by the President.
    Sec. 1.2. The PFIAB shall assess the quality, quantity, and adequacy 
of intelligence collection, of analysis and estimates, and of 
counterintelligence and other intelligence activities. The PFIAB shall 
have the authority to review continually the performance of all agencies 
of the Federal Government that are engaged in the collection, 
evaluation, or production of intelligence or the execution of 
intelligence policy. The PFIAB shall further be authorized to assess the 
adequacy of management, personnel and organization in the intelligence 
agencies. The heads of departments and agencies of the Federal 
Government, to the extent permitted by law, shall provide the PFIAB with 
access to all information that the PFIAB deems necessary to carry out 
its responsibilities.
    Sec. 1.3. The PFIAB shall report directly to the President and 
advise him concerning the objectives, conduct, management and 
coordination of the various activities of the agencies of the 
Intelligence Community. The PFIAB shall report periodically, but at 
least semiannually, concerning its findings and appraisals and shall 
make appropriate recommendations for the improvement and enhancement of 
the intelligence efforts of the United States.
    Sec. 1.4. The PFIAB shall consider and recommend appropriate action 
with respect to matters, identified to the PFIAB by the Director of 
Central Intelligence, the Central Intelligence Agency, or other 
Government agencies engaged in intelligence or related activities, in 
which the advice of the PFIAB will further the effectiveness of the 
national intelligence effort. With respect to matters deemed appropriate 
by the President, the PFIAB shall advise and make recommendations to the 
Director of Central Intelligence, the Central Intelligence Agency, and 
other Government agencies engaged in intelligence and related 
activities, concerning ways to achieve increased effectiveness in 
meeting national intelligence needs.

          PART II. OVERSIGHT OF INTELLIGENCE ACTIVITIES

    Sec. 2.1. The Intelligence Oversight Board (IOB) is hereby 
established as a standing committee of the PFIAB. The IOB shall consist 
of no more than four members designated by the President from among the 
membership of the PFIAB. The Chairman of the PFIAB may also serve as the 
Chairman or a member of the IOB if so designated by the President. The 
IOB shall utilize such full-time staff and consultants as authorized by 
the Chairman of the IOB with the concurrence of the Chairman of the 
PFIAB.
    Sec. 2.2. The IOB shall:
        (a) prepare for the President reports of intelligence activities 
    that the IOB believes may be unlawful or contrary to Executive order 
    or Presidential directive;
        (b) forward to the Attorney General reports received concerning 
    intelligence activities that the IOB believes may be unlawful or 
    contrary to Executive order or Presidential directive;
        (c) review the internal guidelines of each agency within the 
    Intelligence Community that concern the lawfulness of intelligence 
    activities;
        (d) review the practices and procedures of the Inspectors 
    General and General Counsel of the Intelligence Community for 
    discovering and reporting intelligence activities that may be 
    unlawful or contrary to Executive order or Presidential directive; 
    and
        (e) conduct such investigations as the IOB deems necessary to 
    carry out its functions under this order.
    Sec. 2.3. The IOB shall report to the President. The IOB shall 
consider and take appropriate action with respect to matters identified 
by the Director of Central Intelligence, the Central Intelligence Agency 
or other agencies of the Intelligence Community. With respect to matters 
deemed appropriate by the President, the IOB shall advise and make 
appropriate recommendations to the Director of Central Intelligence, the 
Central Intelligence Agency and other agencies of the Intelligence 
Community.
    Sec. 2.4. The heads of departments and agencies of the Intelligence 
Community, to the extent permitted by law, shall provide the IOB with 
all information that the IOB deems necessary to carry out its 
responsibilities. Inspectors General and General Counsel of the 
Intelligence Community, to the extent permitted by law, shall report to 
the IOB, at least on a quarterly basis and from time to time as 
necessary or appropriate, concerning intelligence activities that they 
have reason to believe may be unlawful or contrary to Executive order or 
Presidential directive.

                  PART III. GENERAL PROVISIONS

    Sec. 3.1. Information made available to the PFIAB, or members of the 
PFIAB acting in their IOB capacity, shall be given all necessary 
security protection in accordance with applicable laws and regulations. 
Each member of the PFIAB, each member of the PFIAB's staff and each of 
the PFIAB's consultants shall execute an agreement never to reveal any 
classified information obtained by virtue of his or her services with 
the PFIAB except to the President or to such persons as the President 
may designate.
    Sec. 3.2. Members of the PFIAB shall serve without compensation but 
may receive transportation expenses and per diem allowance as authorized 
by law. Staff and consultants to the PFIAB shall receive pay and 
allowances as authorized by the President.
    Sec. 3.3. Executive Order No. 12334 of December 4, 1981, as amended, 
and Executive Order No. 12537 of October 28, 1985, as amended [50 U.S.C. 
403 note], are revoked.
                                                     William J. Clinton.

                    Act Referred to in Other Sections

    The National Security Act of 1947 is referred to in section 47e of 
this title; section 469 of Appendix to this title; title 21 sections 
1704, 1903.

                  Section Referred to in Other Sections

    This section is referred to in title 10 sections 113, 125, 155.
