Sec. 945. Management of defense clandestine human intelligence collection
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/bill/114/s/2943/pap/section-945·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary of Defense shall, in coordination with the Director of National Intelligence, undertake actions to support a decision on whether— to maintain a separate clandestine human intelligence (HUMINT) collection capability within the Defense Intelligence Agency; or to consolidate clandestine human intelligence collection within the Directorate of Operations of the Central Intelligence Agency. These actions undertaken under paragraph
(1)shall include the pilot program required by subsection
(b)and the assessment required by subsection (c). The Secretary of Defense shall, in coordination with the Director of National Intelligence and the Director of the Central Intelligence Agency, carry out a pilot program to assess the feasability and advisability of establishing a military division within the Directorate of Operations of the Central Intelligence Agency. The pilot program shall consist of the following elements: Members of the Armed Forces and civilian employees of the Department of Defense who are trained to be human intelligence case officers (in this paragraph referred to as Department of Defense case officers ) shall be detailed to, and supported by, the Directorate of Operations. An officer of the Armed Forces shall serve as the deputy director of the Director of Operations for the military division under the pilot program, in which capacity the officer shall direct the activities of the Department of Defense case officers and rate their performance. The Department of Defense case officers, and any support personnel, detailed under the pilot program shall be drawn from the available pool of Defense Clandestine Service military and civilian billets and personnel for fiscal year 2017 or 2018, as applicable, and shall not be in addition to any personnel planned for the Defense Clandestine Service in the budget of the President for such fiscal year submitted to Congress pursuant to section 1105 of title 31, United States Code. The Department of Defense case officers detailed under the pilot program shall be primarily assigned to collect human intelligence in support of Department of Defense requirements, with particular focus on collection on intelligence relating to science and technology. The information collected by the Department of Defense case officers detailed under the pilot program in support of Department requirements shall be made promptly and directly available to the Department. The pilot program shall run for such period as the Secretary considers appropriate, but less than three years. The Secretary of Defense and the Director of National Intelligence shall jointly conduct an assessment of the pilot program under subsection (b). The assessment shall address the following: Whether institutional and procedural safeguards are available to ensure that the Department of Defense can rely on the Directorate of Operations of the Central Intelligence Agency to support the human intelligence collection requirements of the Department. Whether a high ratio of support personnel to deployed case officers in the Directorate of Operations translates into more productive collection of human intelligence when compared with a model of a lower ratio of support personnel to deployed case officers (as proposed by the Director of the Defense Intelligence Agency for the Defense Clandestine Service). Whether a consolidated clandestine human intelligence collection organization charged with meeting the needs of the Department and the intelligence community provides a more effective and efficient solution than two organizations, one serving within the Department and the other serving within the Central Intelligence Agency. Whether it is more effective and efficient to provide support and perform oversight of the consolidated organization described in paragraph
(3)through the Directorate of Operations or the Defense Intelligence Agency. Whether a permanent military division within the Directorate of Operations should be funded within the Military Intelligence Program
(MIP)or the National Intelligence Program (NIP). Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Director of National Intelligence shall jointly submit to the appropriate committees of Congress a report on the actions taken to implement the pilot program required by subsection (b). Not later than three years after the date of the enactment of this Act, the Secretary and the Director shall jointly submit to the appropriate committees of Congress a report on the actions taken under this section. The report shall include the following: A description of the pilot program under subsection (b). The elements of the assessment under subsection (c). The joint decision of the Secretary and the Director under subsection
(a)on whether— to maintain a separate clandestine human intelligence collection capability within the Defense Intelligence Agency; or to consolidate clandestine human intelligence collection within the Directorate of Operations of the Central Intelligence Agency. In this section, the term appropriate committees of Congress means— the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.