1 19 (27) The term "special activity in support of national 2 foreign policy objectives" means an intelligence activity con3 ducted abroad which is (A) designed to further official 4 United States programs and policies abroad, and (B) 5 planned and executed so that the role of the United States 6 Government is not apparent or acknowledged publicly. Such 7 term does not include any counterintelligence or counterter8 rorism activity or the collection, correlation, processing, dis9 semination and analysis of intelligence or related support 10 functions, nor any diplomatic activity of the United States. (28) The term "tactical intelligence" means foreign 11 12 intelligence pertaining to the armed forces of a foreign gov13 ernment and required by the armed forces of the United 14 States to maintain their readiness for combat operations and 15 to support the planning and conduct of combat operations 16 by the United States. 17 (29) The term "tactical intelligence activity" means the 18 collection, retention, processing, and dissemination of tactical 19 intelligence. 223 20 (30) The term "United States media organization" 21 means any organization publishing on a regular basis for 22 public dissemination any newspaper, magazine, journal, or 23 other periodical publication, any news services, any radio or. 24 television network or station, or any organization producing 25 and distributing films or video or audio tapes, if a substan 20 1 tial part of such organization is owned by one or more United 2 States persons, the principal place of business of such orga 3 nization is in the United States, or the principal distribution 4 5 of such organization is in the United States. Such term does not include any organization controlled or directed by a gov6 ernment of a foreign country. (31) The term "United States person" means (A) any individual who is a citizen of the United States; (B) any alien admitted for permanent residence (as defined in section 101 (a) (20) of the Immigration and Nationality Act), except that such alien may be presumed to have lost status as a United States person for purposes of this Act after one year of continuous residence outside the United States until information is ob tained which indicates an intent on the part of such alien to return to the United States as a permanent resident alien; (C) any unincorporated association organized in the United States or a substantial number of whose members are citizens of the United States or aliens lawfully admitted for permanent residence, except that an unincorporated association outside the United States may be presumed not to be a United States person until information is obtained which indicates the contrary; or 21 (D) any corporation which is incorporated in the United States and which is not controlled or directed by 1 2 3 a government of a foreign country. 4 PART B-AUTHORIZATION FOR NATIONAL INTELLIGENCE 5 6 7 ACTIVITIES, COUNTERINTELLIGENCE ACTIVITIES, AND COUNTERTERRORISM ACTIVITIES; DIRECTOR AND 8 NATIONAL INTELLIGENCE ACTIVITIES, COUNTERINTELLI 9 10 11 GENCE ACTIVITIES, AND COUNTERTERRORISM ACTIVI TIES; AUTHORIZATION SEC. 111. (a) The entities of the intelligence community 12 are authorized to conduct, under the direction and control of 13 the National Security Council, national intelligence activities, 14 including special activities in support of national foreign 15 policy objectives (hereinafter in this Act referred to as "spe16 cial activities"), counterintelligence activities, and counter17 terrorism activities. 18 (b) National intelligence activities, counterintelligence 19 activities, and counterterrorism activities may be undertaken 20 only by entities of the intelligence community and only in 21 accordance with the provisions of this Act. 22 (c) Nothing in this title shall be construed to prohibit 23 any department or agency from collecting, processing, evalu24 ating, or disseminating departmental or tactical intelligence 25 if such department or agency is otherwise authorized to do so. 22 1 PRESIDENTIAL DESIGNATION OF NATIONAL INTELLIGENCE 2 ACTIVITIES 3 SEC. 112. (a) The President shall determine annually 4 which intelligence activities, if any, in addition to those spe5 cifically defined as national intelligence activities by this 6 title, shall constitute national intelligence activities for the purposes of this Act. 7 8 (b) The Director of National Intelligence shall, on an 9 annual basis, submit to the President and the National Se10 curity Council a report describing the relationships among 11 national intelligence activities and other intelligence and in12 telligence-related activities and shall include in such report 13 the recommendations of the Director of National Intelligence 14 with respect to whether any changes should be made in those 15 relationships and whether any intelligence or intelligence16 related activity not specifically defined as a national intelligence activity by this title should be determined by the 18 President, pursuant to subsection (a) of this section, to be a 19 national intelligence activity. 17 20 21 222 223 DIRECTOR AND DEPUTY DIRECTOR SEC. 113. (a) There is established in the executive 22 branch of the Government an office to be known as the 23 "Office of the Director of National Intelligence" (hereinafter 24 25 in this title referred to as the "Office of the Director"). There shall be at the head of the Office of the Director a Director 23 1 of National Intelligence (hereinafter in this title referred to 2 as the "Director"). There shall be a Deputy Director of 3 National Intelligence (hereinafter in this title referred to as 4 the "Deputy Director") to assist the Director in carrying 5 out the Director's functions under this Act. 6 (b) The Director and the Deputy Director shall be 7 appointed by the President, by and with the advice and 8 consent of the Senate. The Director and the Deputy Director 9 shall each serve at the pleasure of the President. No person 10 may serve as Director or Deputy Director for a period of 11 more than six years unless such person is reappointed to that same office by the President, by and with the advice and 13 consent of the Senate. No person who has served as Director 14 or Deputy Director for a period of less than six years and 15 is subsequently appointed or reappointed to that same office may serve in that office under such appointment or re17 appointment for a term of more than six years. In no event 12 23 16 may any person serve in either or both offices for more than a total of twelve years. (c) At no time shall the two offices of Director and Deputy Director be occupied simultaneously by commis sioned officers of the Armed Forces whether in an active or 23 retired status. 24 25 (d) (1) If a commissioned officer of the Armed Forces is appointed as Director or Deputy Director, then |