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United States · Bill · HR

H.R. 3237 (104th)

Intelligence Community Act

openUnited States· United States Congress· EN

Introduced

15 April 1996

Last action

Status

Placed on the Union Calendar, Calendar No. 365.

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Subjects

Discovery layer

Source updated

23 March 2026

Summary

TABLE OF CONTENTS: Title I: Intelligence Community Generally Subtitle A: Director of Central Intelligence Subtitle B: Deputy Directors of Central Intelligence Subtitle C: The Intelligence Community Subtitle D: Annual Reports Title II: Intelligence Community Management Subtitle A: Intelligence Community Functions Subtitle B: National Foreign Intelligence Program Subtitle C: Personnel Subtitle D: Infrastructure Support Office Subtitle E: Intelligence Community Administration Title III: Intelligence Community Agencies Subtitle A: Central Intelligence Agency Subtitle B: The Clandestine Service Subtitle C: The National Intelligence Evaluation Council Title IV: Department of Defense Functions in the Intelligence Community Subtitle A: Secretary of Defense Subtitle B: Director of Military Intelligence Subtitle C: The Military Departments Subtitle D: Planning and Budgeting Title V: Department of Defense Agencies in the Intelligence Community Subtitle A: Defense Intelligence Agency Subtitle B: Technical Collection Agency Subtitle C: Technology Development Office Title VI: National Security Council and Related Boards and Committees Title VII: Technical and Conforming Amendments Subtitle A: Amendments Related to Creation of Technical Collection Agency Subtitle B: Amendments Related to Creation of Clandestine Service Subtitle C: Amendments Related to Inspector General for the Intelligence Community Subtitle D: Repeals of Provisions Recodified in New Act Subtitle E: Other Amendments Title VIII: Transfer of Functions, Savings Provisions, and Effective Date Subtitle A: Transfers of Functions to Intelligence Community Agencies Other than Agencies in Department of Defense Subtitle B: Transfers of Functions to Intelligence Community Agencies in Department of Defense Subtitle C: General Transfer Provisions Subtitle D: General Savings Provisions Subtitle E: Effective Date Intelligence Community Act - Title I: Intelligence Community Generally - Subtitle A: Director of Central Intelligence - Designates the Director of Central Intelligence (DCI) as the: (1) principal advisor to the President and National Security Council (NSC) for intelligence matters related to the national security; and (2) head of the Intelligence Community (IC). Directs the DCI to provide objective and timely intelligence to the President and specified other government officials. (Sec. 103) Requires the DCI to: (1) develop and present to the President an annual budget for the National Foreign Intelligence Program of the United States; (2) establish requirements and priorities for the collection of national intelligence and to manage the collection capabilities of the IC; (3) protect intelligence sources and methods from unauthorized disclosure; (4) promote and evaluate the quality and usefulness of national intelligence to consumers within the U.S. Government; (5) eliminate waste and unnecessary duplication within the IC; (6) have no police, subpoena, or law enforcement powers or internal security functions; (7) have access to all intelligence related to the national security; and (8) coordinate relationships between the IC and the intelligence or security services of foreign governments. Subtitle B: Deputy Directors of Central Intelligence - Establishes a Deputy Director of Central Intelligence to conduct the daily operations of the Central Intelligence Agency (CIA) and a Deputy Director of Central Intelligence for Community Management to direct the operations of the Community Management Staff and the Infrastructure Support Office, as well as other community-wide management functions. (Sec. 124) Provides for the civilian and military status of the DCI and the Deputy Directors. Subtitle C: The Intelligence Community - Provides for the various offices, staffs, councils, agencies, services, and other elements of the IC. Provides for an IC Inspector General who shall coordinate activities with the Inspector General of the Department of Defense. Subtitle D: Annual Reports - Requires the DCI to report annually to the Congress on IC activities. Title II: Intelligence Community Management - Subtitle A: Intelligence Community Functions - Establishes a Community Management Staff (Staff) to provide corporate management of specified IC-wide functions. Subtitle B: National Foreign Intelligence Program - Requires the Deputy Director for Community Management to prepare the annual budgets of the National Foreign Intelligence Program (NFIP), requiring budget approval from the DCI. Provides for accounting and the identification of constituent components with respect to such budget. (Sec. 222) Authorizes budget execution review by the Staff. Requires the Deputy Director for Community Management to establish an automated accounting system and execution review of the NFIP. (Sec. 223) Prohibits funds from being made available for any intelligence or special activity different from that previously justified to the Congress unless the DCI or the Secretary of Defense notifies the congressional intelligence and appropriations committees of such intent. Limits to five percent of the total NFIP budget for that year the amount of funds that may be transferred for such an activity. Prohibits funds available for drug interdiction or counter- drug activities from being so transferred, except as specifically provided in an appropriations law. (Sec. 224) Authorizes the DCI to transfer funds between NFIP programs and personnel between IC elements for up to one year, with conditions and notification of appropriate congressional committees. (Sec. 225) Prohibits funds available under the NFIP from being reprogrammed by any element of the IC without the prior approval of the DCI, except in accordance with procedures issued by the DCI. Subtitle C: Personnel - Requires the DCI to institute policies and programs within the IC for the appropriate use of IC personnel, including the use of personnel rotation and consolidation, performance evaluation systems, and career development programs. (Sec. 232) Authorizes the DCI to terminate the employment of any officer or employee of the CIA, the Clandestine Service, or the Staff when necessary or advisable for U.S. interests. (Sec. 233) Requires the DCI to establish an Intelligence Community Reserve made up of former or retired members of the IC who shall return to active civilian IC status in an emergency. Provides for: (1) monetary incentives for eligible individuals; (2) appropriate training and support; (3) service agreements; and (4) the relationship of such service to employment provisions of the Central Intelligence Agency Voluntary Separation Pay Act. Subtitle D: Infrastructure Support Office - Establishes within the IC the Infrastructure Support Office, headed by a Director appointed by the DCI. Requires such Director to: (1) be responsible for administrative and logistical functions relating to infrastructure and services of common concern to elements of the IC, including personnel management, security, community-level training, communications, and automation; and (2) establish standards and information architectures for automation equipment throughout the IC. Subtitle E: Intelligence Community Administration - Provides for the content of nondisclosure agreements executed by persons, other than U.S. employees or officers, who are connected with the conduct of an intelligence or intelligence-related activity. (Sec. 252) Requires the sharing and reporting of counterintelligence and espionage information between the Federal Bureau of Investigation (FBI) and other executive departments and agencies. Authorizes the President to waive such requirements to meet extraordinary national security interests and to notify the congressional intelligence committees. Requires the FBI Director to report annually to such committees and the House and Senate Judiciary Committees with respect to compliance with the information sharing requirements. (Sec. 253) Requires the DCI to direct that elements of the IC, when compatible with national security interests and fiscally sound, award contracts in a manner that would maximize the procurement of products in the United States. Title III: Intelligence Community Agencies - Subtitle A: Central Intelligence Agency - Establishes the CIA as the principal all-source national intelligence analytical agency, to be headed by the DCI who shall carry out functions through the Deputy Director of Central Intelligence. Requires the DCI to: (1) correlate and evaluate intelligence related to the national security of national intelligence; (2) disseminate such intelligence; (3) coordinate analyses conducted by the IC and establish procedures for collaborative all-source analysis; (4) produce national intelligence estimates; and (5) manage the acquisition and incorporation of all-source intelligence into the community all-source analytical process. Subtitle B: The Clandestine Service - Establishes within the executive branch as an independent entity the Clandestine Service to be headed by the DCI and administered by a Director. Allows for deputy directors of such Service, with one designated as the Deputy Director for Clandestine Military Activities and Support. Requires the Service to collect national intelligence through clandestine means, using elements of the IC. Subtitle C: The National Intelligence Evaluation Council - Establishes within the IC the National Intelligence Evaluation Council to evaluate IC-wide collection and production of intelligence, as well as the requirements and resources for such collection and production. Requires the DCI to provide for necessary Council staffing. Title IV: Department of Defense Functions in the Intelligence Community - Subtitle A: Secretary of Defense - Requires the Secretary of Defense to perform such intelligence functions as may be directed by the President. (Sec. 402) Requires the Secretary to ensure that the budget elements of the IC within the Department of Defense (DOD) for any fiscal year are adequate to satisfy overall DOD intelligence needs. (Sec. 403) Directs the Secretary to eliminate waste and unnecessary duplication among DOD intelligence activities and to ensure: (1) appropriate implementation of the policies and resource decisions of the DCI by elements of the DOD within the NFIP; (2) compatibility of DOD tactical intelligence activities with related activities under the NFIP; (3) that elements of the IC within DOD are responsive and timely in satisfying the needs of operational military forces; and (4) that DOD intelligence activities, when appropriate, are conducted jointly and cooperatively with elements of the IC outside DOD. Authorizes the Secretary to use appropriate DOD elements to perform intelligence functions identified under this Act. Subtitle B: Director of Military Intelligence - Establishes the position of Director of Military Intelligence as the senior military intelligence adviser to the Secretary. Requires such Director to act as the: (1) Director of the Defense Intelligence Agency; (2) program manager for the Joint Military Intelligence Program (JMIP); and (3) program coordinator for activities of DOD known as Tactical Intelligence and Related Activities (TIARA). (Sec. 423) Requires such Director to be accountable in matters relating to the collection and prosecution of national intelligence and responsible for: (1) ensuring that the intelligence requirements of the Secretary and the Joint Chiefs of Staff (JCS) are met; (2) the development and submission of the JMIP for any fiscal year; and (3) the development and submission of the TIARA budget, as well as the budget for the NFIP. Subtitle C: The Military Departments - Requires the Secretaries of the military departments to maintain sufficient capabilities to collect and produce intelligence to meet the requirements of the DCI, the Secretary, or the JCS Chairman, as well as the specialized intelligence requirements of the various military departments. Requires such Secretaries to maintain such capabilities jointly as much as possible, in the most cost-effective and efficient form. Subtitle D: Planning and Budgeting - States that the JMIP consists of those DOD programs, projects, and activities that are intended to provide intelligence, surveillance, and reconnaissance capabilities that support multiple defense-wide or joint theater-level consumers. Outlines specific JMIP programs. (Sec. 452) States that TIARA programs, projects, and activities are those which provide intelligence, surveillance, and reconnaissance capabilities that are unique and organic to one of the military services at the component level or below. (Sec. 453) Prohibits the Secretary from adding to or removing program elements from the JMIP or TIARA for any fiscal year unless the Secretary includes notice of such change within the justification materials submitted to the congressional intelligence committees for the preceding fiscal year. Title V: Department of Defense Agencies in the Intelligence Community - Subtitle A: Defense Intelligence Agency - Establishes within DOD the Defense Intelligence Agency, headed by the Director of Military Intelligence, to produce and disseminate timely, objective military and military-related intelligence based on all sources available to the IC. Subtitle B: Technical Collection Agency - Establishes within DOD the Technical Collections Agency (TCA) to collect and carry out the exploitation of all forms of intelligence other than open source and human intelligence, including signals intelligence, imagery intelligence, and measurement and signatures intelligence. Subtitle C: Technology Development Office - Establishes within DOD a Technology Development Office to be headed by a Director who shall serve as the sole agent within the IC for the conduct of research, development, test, and evaluation for procurement and for the launch of required satellite reconnaissance systems. Requires such Director to acquire and operate related reconnaissance and sensor systems within the NFIP and the JMIP. Title VI: National Security Council and Related Boards and Committees - Includes within the NSC only the President, Vice President, Secretary of State, and Secretary of Defense. Allows additional officers designated by the President to attend NSC meetings. Requires the NSC to advise the President with respect to the integration of domestic, foreign, and military policies relating to the national security so as to enable the military services and other Federal departments and agencies to cooperate more effectively in national security matters. (Sec. 602) Establishes within the NSC the Committee on Foreign Intelligence to: (1) establish the overall requirements and priorities for the IC; and (2) regularly assess the effectiveness of the IC in performing its responsibilities under the National Security Act of 1947 and the Intelligence Community Act. Requires the Committee to meet at least semiannually with the congressional intelligence committees to conduct a comprehensive, global strategic intelligence review. (Sec. 603) Prohibits any employee or individual assigned to the staff of the NSC from participating directly in the execution of an intelligence operation. Title VII: Technical and Conforming Amendments - Subtitle A: Amendments Related to Creation of Technical Collection Agency - Makes technical and conforming amendments necessitated by the creation of the TCA under this Act, including the renaming of the National Security Agency Act of 1959 as the Technical Collection Agency Act of 1996. Authorizes the TCA Director to establish a Cryptologic Linguist Reserve and to carry out other specified cryptologic functions. Subtitle B: Amendments Related to Creation of Clandestine Service - Makes technical and conforming amendments necessitated by the creation of the Clandestine Service. Subtitle C: Amendments Related to Inspector General for the Intelligence Community - Redesignates the CIA Inspector General as the Inspector General for the Intelligence Community. Increases such Inspector General's scope of authority to include all intelligence agencies. Subtitle D: Repeals of Provisions Recodified in New Act - Repeals specified provisions of prior year intelligence authorization Acts, defense appropriations Acts, the National Security Act of 1947, and other Federal law made inconsistent by changes made under this Act. Subtitle E: Other Amendments - Makes conforming and technical amendments to the National Security Act of 1947 and other Federal law. Title VIII: Transfer of Functions, Savings Provisions, and Effective Date - Subtitle A: Transfers of Functions to Intelligence Community Agencies Other Than Agencies in Department of Defense - Transfers to the Clandestine Service certain clandestine operations functions currently performed within DOD. Abolishes within the CIA: (1) the Directorate of Operations; (2) the Directorate of Science and Technology; and (3) the Directorate of Administration. (Sec. 802) Abolishes the National Intelligence Council. Subtitle B: Transfers of Functions to Intelligence Community Agencies in Department of Defense - Transfers to the TCA functions currently vested in the National Security Agency, the National Reconnaissance Office, and the Central Imagery Office. (Sec. 812) Transfers to the Technical Development Office functions currently performed by the National Reconnaissance Office, the Defense Airborne Reconnaissance Office, and the Director of Science and Technology of the CIA. (Sec. 813) Abolishes the National Security Agency, the National Reconnaissance Office, and the Central Imagery Office. Subtitle C: General Transfer Provisions - Transfers necessary functions, appropriations, and personnel under subtitles A and B. Subtitle D: General Savings Provisions - Provides general savings provisions for operations, activities, and proceedings undertaken before enactment of this title. Subtitle E: Effective Date - Makes this Act and its amendments effective six months after enactment, unless the President prescribes an earlier date (which must be published in the Federal Register).

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