Page:United States Statutes at Large Volume 110 Part 5.djvu/410

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110 STAT. 3484 PUBLIC LAW 104-293—OCT. 11, 1996 "(D) The Defense Intelligence Agency. "(2) Assistance provided under this section by elements of the Department of Defense may not include the direct participation of a member of the Army, Navy, Air Force, or Marine Corps in an arrest or similar activity. "(3) Assistance may not be provided under this section by an element of the Department of Defense if the provision of such assistance will adversely affect the military preparedness of the United States. Regulations. "(4) The Secretary of Defense shall prescribe regulations governing the exercise of authority under this section by elements of the Department of Defense, including regulations relating to the protection of sources and methods in the exercise of such authority. " (c) DEFINITIONS.— For purposes of subsection (a): "(1) The term 'United States law enforcement agency' means any department or agency of the Federal Government that the Attorney General designates as law enforcement agency for purposes of this section. "(2) The term 'United States person' means the following: "(A) A United States citizen. "(B) An alien known by the intelligence agency concerned to be a permanent resident alien. "(C) An unincorporated association substantially composed of United States citizens or permanent resident aliens. "(D) A corporation incorporated in the United States, except for a corporation directed and controlled by a foreign government or governments.", (b) CLERICAL AMENDMENT.—The table of contents for that Act is amended by inserting after the item relating to section 105 the following new item: "Sec. 105A. Assistance to United States law enforcement agencies.". SEC. 815. APPOINTMENT OF OFFICIALS RESPONSIBLE FOR INTELLIGENCE-RELATED ACTIVITIES. (a) IN GENERAL. —Section 106 of the National Security Act of 1947 (50 U.S.C. 403-6) is amended to read as follows: "APPOINTMENT OF OFFICIALS RESPONSIBLE FOR INTELLIGENCE- RELATED ACTIVITIES "SEC 106. (a) CONCURRENCE OF DCI IN CERTAIN APPOINT- MENTS.— (1) In the event of a vacancy in a position referred to in paragraph (2), the Secretary of Defense shall obtain the concurrence of the Director of Central Intelligence before recommending to the President an individual for appointment to the position. If the Director does not concur in the recommendation, the Secretary may make the recommendation to the President without the Director's concurrence, but shall include in the recommendation a statement that the Director does not concur in the recommendation. "(2) Paragraph (1) applies to the following positions: "(A) The Director of the National Security Agency. "(B) The Director of the National Reconnaissance Office. "(C) The Director of the National Imagery and Mapping Agency. "(b) CONSULTATION WITH DCI IN CERTAIN APPOINTMENTS.— (1) In the event of a vacancy in a position referred to in paragraph