27 June 1999

See also 50 USC 402: http://jya.com/50usc402.txt

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[DOCID:popnam-5228]
From the U.S. Code Online via GPO Access
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                       ACTS CITED BY POPULAR NAME

National Security Agency Act of 1959

        Pub. L. 86-36, May 29, 1959, 73 Stat. 63 (Title 50, Sec. 402
            note)

        Pub. L. 87-367, title II, Secs. 201, 204, Oct. 4, 1961, 75 Stat.
            789

        Pub. L. 87-793, Sec. 1001(c), Oct. 11, 1962, 76 Stat. 864

        Pub. L. 88-290, Mar. 26, 1964, 78 Stat. 170

        Pub. L. 88-426, title III, Sec. 306(h), Aug. 14, 1964, 78 Stat.
            430

        Pub. L. 88-631, Sec. 3(d), Oct. 6, 1964, 78 Stat. 1008

        Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632

        Pub. L. 89-632, Sec. 1(e), Oct. 8, 1966, 80 Stat. 878

        Pub. L. 91-187, Sec. 2, Dec. 30, 1969, 83 Stat. 850

        Pub. L. 96-450, title IV, Sec. 402(a), Oct. 14, 1980, 94 Stat.
            1977, 1978

        Pub. L. 97-89, title VI, Secs. 601-603, Dec. 4, 1981, 95 Stat.
            1154-1156

        Pub. L. 99-335, title V, Sec. 507(a), June 6, 1986, 100 Stat.
            628

        Pub. L. 99-569, title V, Sec. 505, Oct. 27, 1986, 100 Stat. 3200

        Pub. L. 101-193, title V, Sec. 505(b), Nov. 30, 1989, 103 Stat.
            1709

        Pub. L. 101-194, title V, Sec. 506(c)(2), Nov. 30, 1989, 103
            Stat. 1759

        Pub. L. 102-88, title V, Sec. 503, Aug. 14, 1991, 105 Stat. 436

        Pub. L. 102-183, title IV, Sec. 405, Dec. 4, 1991, 105 Stat.
            1267

        Pub. L. 102-496, title III, Sec. 304(a), title IV, Sec. 405,
            title VIII, Sec. 803(b), Oct. 24, 1992, 106 Stat. 3183,
            3186, 3253

        Pub. L. 103-359, title VIII, Sec. 806(b)(2), Oct. 14, 1994, 108
            Stat. 3442

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From the U.S. Code Online via GPO Access
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[Laws in effect as of January 6, 1997]
[Document not affected by Public Laws enacted between
  January 6, 1997 and November 30, 1998]
[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; Aug. 6, 1958, Pub. L. 85-599, Sec. 2, 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.]

   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 Advisory Groups
1.4..........................................  The Intelligence Community
1.5..........................................  Director of Central Intelligence
1.6..........................................  Duties and Responsibilities of the Heads of Executive Branch
                                                Departments and Agencies
1.7..........................................  Senior Officials of the Intelligence 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 Investigation

                                   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 Authorities
2.7..........................................  Contracting
2.8..........................................  Consistency With Other Laws
2.9..........................................  Undisclosed Participation in Organizations 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, 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 appointed from among the membership of the
PFIAB by the Chairman of the PFIAB. The Chairman of the IOB shall be
appointed by the Chairman of the PFIAB. The Chairman of the PFIAB may
also serve as the Chairman of the IOB. The IOB shall utilize such full-
time staff and consultants as authorized by 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, when required by this order, report to the
President through the Chairman of the PFIAB. 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 section
1503.

                  Section Referred to in Other Sections

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