104th Congress Rept. 104-620,
HOUSE OF REPRESENTATIVES
2d Session Part 1
_______________________________________________________________________
INTELLIGENCE COMMUNITY ACT
_______________________________________________________________________
June 13, 1996.--Ordered to be printed
_______
Mr. Combest, from the Permanent Select Committee on Intelligence,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 3237]
[Including cost estimate of the Congressional Budget Office]
The Permanent Select Committee on Intelligence, to whom was
referred the bill (H.R. 3237) to provide for improved
management and operation of intelligence activities of the
Government by providing for a more corporate approach to
intelligence, to reorganize the agencies of the Government
engaged in intelligence activities so as to provide an improved
Intelligence Community for the 21st century, and for other
purposes, having considered the same, report favorably thereon
with amendments and recommend that the bill as amended do pass.
The amendments are as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intelligence Community Act''.
SEC. 2. ORGANIZATION OF ACT; TABLE OF CONTENTS.
(a) Organization of Act.--This Act is organized as follows:
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 National Intelligence Evaluation Council
Subtitle C--Future of Intelligence Collection
TITLE IV--DEPARTMENT OF DEFENSE FUNCTIONS IN THE INTELLIGENCE COMMUNITY
Subtitle A--Secretary of Defense
Subtitle B--Director of Military Intelligence
Subtitle C--Defense Intelligence Agency
Subtitle D--The Military Departments
Subtitle E--Planning and Budgeting
Subtitle F--Civilian Intelligence Personnel Policy
TITLE V--NATIONAL SECURITY COUNCIL AND RELATED BOARDS AND COMMITTEES
TITLE VI--TECHNICAL AND CONFORMING AMENDMENTS AND EFFECTIVE DATE
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act; table of contents.
Sec. 3. Findings and purposes.
Sec. 4. Definitions.
TITLE I--INTELLIGENCE COMMUNITY GENERALLY
Subtitle A--Director of Central Intelligence
Sec. 101. Director of Central Intelligence.
Sec. 102. General intelligence responsibilities of the Director.
Sec. 103. Preparation of annual budget for National Foreign
Intelligence Program.
Sec. 104. Foreign intelligence collection.
Sec. 105. Protection of sources and methods.
Sec. 106. Promotion and evaluation of the usefulness of intelligence to
consumers.
Sec. 107. Elimination of waste and unnecessary duplication.
Sec. 108. Other functions.
Sec. 109. Prohibition on law enforcement powers and internal security
functions.
Sec. 110. Access to intelligence.
Sec. 111. Coordination with foreign governments.
Subtitle B--Deputy Directors of Central Intelligence
Sec. 121. Deputy Directors of Central Intelligence.
Sec. 122. Deputy Director of Central Intelligence.
Sec. 123. Deputy Director of Central Intelligence for Community
Management.
Sec. 124. Civilian and military status of Director of Central
Intelligence and Deputies.
Subtitle C--The Intelligence Community
Sec. 131. Elements of the Intelligence Community.
Sec. 132. Intelligence Community Inspector General Forum.
Subtitle D--Annual Reports
Sec. 141. Annual report on Intelligence Community activities.
TITLE II--INTELLIGENCE COMMUNITY MANAGEMENT
Subtitle A--Intelligence Community Functions
Sec. 201. Community Management Staff.
Sec. 202. Functions of the Community Management Staff.
Subtitle B--National Foreign Intelligence Program
Sec. 221. Budgets.
Sec. 222. Comptroller functions of Community Management Staff.
Sec. 223. Limitations on transfers and reprogramming.
Sec. 224. Transfer of funds or personnel within the National Foreign
Intelligence Program.
Sec. 225. Limitation on reprogramming.
Subtitle C--Personnel
Sec. 231. Use of personnel.
Sec. 232. Authority to terminate employment of certain employees.
Sec. 233. Intelligence Community Reserve.
Subtitle D--Infrastructure Support Office
Sec. 241. Establishment of Infrastructure Support Office.
Sec. 242. Responsibilities of Director of the Infrastructure Support
Office.
Subtitle E--Intelligence Community Administration
Sec. 251. Secrecy agreements used in intelligence activities.
Sec. 252. Coordination of counterintelligence matters with the Federal
Bureau of Investigation.
Sec. 253. Intelligence Community contracting.
TITLE III--INTELLIGENCE COMMUNITY AGENCIES
Subtitle A--Central Intelligence Agency
Sec. 301. Central Intelligence Agency.
Sec. 302. Duties of Director of Central Intelligence with regard to the
Central Intelligence Agency.
Sec. 303. Functions of the Central Intelligence Agency.
Sec. 304. Agreement to transfer DOD clandestine humint to CIA.
Subtitle B--The National Intelligence Evaluation Council
Sec. 321. National Intelligence Evaluation Council.
Sec. 322. Functions of the National Intelligence Evaluation Council.
Sec. 323. Staffing of the National Intelligence Evaluation Council.
Subtitle C--Future of Intelligence Collection
Sec. 331. Panel on the future of intelligence collection.
TITLE IV--DEPARTMENT OF DEFENSE FUNCTIONS IN THE INTELLIGENCE COMMUNITY
Subtitle A--Secretary of Defense
Sec. 401. Overall Secretary of Defense functions.
Sec. 402. Requirement that budgets for intelligence components be
adequate.
Sec. 403. Implementation of Director of Central Intelligence policies
and resource decisions.
Sec. 404. Relationship of NFIP activities to tactical intelligence
activities.
Sec. 405. Responsiveness to operational military forces.
Sec. 406. Elimination of waste and unnecessary duplication.
Sec. 407. Joint and corporate conduct of Defense intelligence
activities.
Sec. 408. Signals intelligence activities.
Sec. 409. Imagery collection, processing, and exploitation.
Sec. 410. Overhead reconnaissance systems.
Sec. 411. Use of elements of Department of Defense.
Sec. 412. Consultations regarding appointment of certain intelligence
officials.
Subtitle B--Director of Military Intelligence
Sec. 421. Director of Military Intelligence.
Sec. 422. Functions of the Director of Military Intelligence.
Sec. 423. Role of Director of Military Intelligence in the Intelligence
Community.
Sec. 424. Planning and budget functions.
Sec. 425. Staff.
Subtitle C--Defense Intelligence Agency
Sec. 441. Defense Intelligence Agency generally.
Sec. 442. Functions of the Defense Intelligence Agency.
Subtitle D--The Military Departments
Sec. 451. Intelligence capabilities of the military departments.
Subtitle E--Planning and Budgeting
Sec. 461. Joint Military Intelligence Program.
Sec. 462. Tactical Intelligence and Related Activities (TIARA).
Sec. 463. Notice to Congress of changes in JMIP and TIARA.
Subtitle F--Civilian Intelligence Personnel Policy
Sec. 481. Standardization of personnel policies for intelligence
components of Department of Defense
Sec. 482. Temporary program for civilian workforce reduction in the
National Security Agency.
TITLE V--NATIONAL SECURITY COUNCIL AND RELATED BOARDS AND COMMITTEES
Sec. 501. Recodification of laws relating to National Security Council
and related boards and committees in Executive Office of the President.
Sec. 502. Committee on Foreign Intelligence.
Sec. 503. Transnational threats.
Sec. 504. Prohibition of direct participation by National Security
Council staff in execution of intelligence operations.
TITLE VI--TECHNICAL AND CONFORMING AMENDMENTS AND EFFECTIVE DATE
Sec. 601. Restatement of National Security Agency Act of 1959.
Sec. 602. Amendments to title 5, United States Code.
Sec. 603. Repeal of provisions recodified in new Act.
Sec. 604. National Security Act of 1947.
Sec. 605. Abolition of National Intelligence Council.
Sec. 606. Effective date.
SEC. 3. FINDINGS AND PURPOSES.
(a) Findings.--The Congress makes the following findings:
(1) The United States must maintain a strong, capable, and
increasingly flexible intelligence capability to collect and
analyze information concerning world events that may threaten
its security so as to be in a position to anticipate and
respond to such events in an effective and timely manner.
(2) The existing framework for the conduct of United States
intelligence activities, established by the National Security
Act of 1947, has evolved largely without changes to the
original statutory framework, but rather as a matter of
Executive order and directive.
(3) Although the Director of Central Intelligence has had an
overall, coordinating role for United States intelligence
activities, under existing law and by Executive order the
Director has, in fact, lacked sufficient authorities to
exercise this responsibility effectively, leaving control
largely decentralized within elements of the Intelligence
Community.
(b) Purposes.--The purposes of this Act are--
(1) to provide a corporate framework for the improved
management of United States intelligence activities at all
levels and within all intelligence disciplines;
(2) to provide an institutional structure that will continue
to ensure that the Intelligence Community serves the needs of
the Government as a whole in an effective, timely, and
corporate manner;
(3) to clarify by law the responsibilities of United States
intelligence agencies; and
(4) to improve the congressional oversight of intelligence
activities.
SEC. 4. DEFINITIONS.
For the purposes of this Act:
(1) Intelligence.--The term ``intelligence'' includes foreign
intelligence and counterintelligence.
(2) Foreign intelligence.--The term ``foreign intelligence''
means information relating to the capabilities, intentions, or
activities of foreign governments or elements thereof, foreign
organizations, foreign transnational entities, or foreign
persons.
(3) Counterintelligence.--The term ``counterintelligence''
means information gathered and activities conducted to protect
against espionage, other intelligence activities, sabotage, or
assassinations conducted by or on behalf of foreign governments
or elements thereof, foreign organizations, foreign
transnational entities, or foreign persons, or international
terrorist activities.
(4) National intelligence and intelligence related to
national security.--The terms ``national intelligence'' and
``intelligence related to the national security''--
(A) each refer to intelligence that pertains to the
interests of the Government generally, rather than to
the interests of a single department or agency of
Government, or to a component of such department or
agency;
(B) do not refer to intelligence necessary to plan or
conduct tactical military operations by United States
Armed Forces; and
(C) do not refer to counterintelligence or law
enforcement activities conducted by the Federal Bureau
of Investigation except to the extent provided for in
procedures agreed to by the Director of Central
Intelligence and the Attorney General, or otherwise as
expressly provided for in this Act.
(5) National foreign intelligence program.--The term
``National Foreign Intelligence Program'' refers to all
programs, projects, and activities of the Intelligence
Community that are intended to produce national intelligence,
as well as any other programs of the Intelligence Community
designated jointly by the Director of Central Intelligence and
the head of a United States department or agency or by the
President. Such term does not include programs, projects, or
activities of the military departments to acquire intelligence
solely for the planning and conduct of tactical military
operations by United States Armed Forces.
(6) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Select Committee on Intelligence of the
Senate; and
(B) the Permanent Select Committee on Intelligence of
the House of Representatives.
TITLE I--INTELLIGENCE COMMUNITY GENERALLY
Subtitle A--Director of Central Intelligence
SEC. 101. DIRECTOR OF CENTRAL INTELLIGENCE.
(a) Director of Central Intelligence.--There is a Director of Central
Intelligence. The Director of Central Intelligence is--
(1) the principal adviser to the President and the National
Security Council for intelligence matters related to the
national security; and
(2) the head of the Intelligence Community.
(b) Appointment.--The Director of Central Intelligence is appointed
by the President, by and with the advice and consent of the Senate.
SEC. 102. GENERAL INTELLIGENCE RESPONSIBILITIES OF THE DIRECTOR.
(a) Provision of Intelligence to the President.--Under the direction
of the National Security Council, the Director of Central Intelligence
shall be responsible for providing intelligence to the President.
(b) Provision of Intelligence to Others.--Under the direction of the
National Security Council, the Director of Central Intelligence shall
be responsible for providing intelligence--
(1) to the heads of departments and agencies of the executive
branch;
(2) to the Chairman of the Joint Chiefs of Staff, to the
commanders of the unified combatant commands, and to other
senior military commanders; and
(3) to the Senate and House of Representatives and the
appropriate committees thereof.
(c) Intelligence To Be Objective and Timely.--Intelligence provided
by the Director pursuant to this section should be timely and objective
and shall be provided independent of political considerations or bias
and based upon all sources available to the Intelligence Community.
SEC. 103. PREPARATION OF ANNUAL BUDGET FOR NATIONAL FOREIGN
INTELLIGENCE PROGRAM.
The Director of Central Intelligence shall develop (in accordance
with subtitle B of title II) and present to the President an annual
budget for the National Foreign Intelligence Program of the United
States.
SEC. 104. FOREIGN INTELLIGENCE COLLECTION.
The Director of Central Intelligence shall establish the requirements
and priorities to govern the collection of national intelligence by
elements of the Intelligence Community and shall manage the collection
capabilities of the Intelligence Community to ensure that national
requirements are met.
SEC. 105. PROTECTION OF SOURCES AND METHODS.
The Director of Central Intelligence shall protect intelligence
sources and methods from unauthorized disclosure.
SEC. 106. PROMOTION AND EVALUATION OF THE USEFULNESS OF INTELLIGENCE TO
CONSUMERS.
The Director of Central Intelligence shall promote and evaluate the
quality and usefulness of national intelligence to consumers within the
Government.
SEC. 107. ELIMINATION OF WASTE AND UNNECESSARY DUPLICATION.
The Director of Central Intelligence, in cooperation with the heads
of the elements of the Intelligence Community shall eliminate waste and
unnecessary duplication within the Intelligence Community.
SEC. 108. OTHER FUNCTIONS.
The Director of Central Intelligence shall perform such other
functions as the President or the National Security Council may direct.
SEC. 109. PROHIBITION ON LAW ENFORCEMENT POWERS AND INTERNAL SECURITY
FUNCTIONS.
The Director of Central Intelligence shall have no police, subpoena,
or law enforcement powers or internal security functions.
SEC. 110. ACCESS TO INTELLIGENCE.
To the extent recommended by the National Security Council and
approved by the President, the Director of Central Intelligence shall
have access to all intelligence related to the national security which
is collected by any department, agency, or other entity of the United
States.
SEC. 111. COORDINATION WITH FOREIGN GOVERNMENTS.
Under the direction of the National Security Council and in a manner
consistent with section 207 of the Foreign Service Act of 1980 (22
U.S.C. 3927), the Director shall coordinate the relationships between
elements of the Intelligence Community and the intelligence or security
services of foreign governments on all matters involving intelligence
related to the national security or involving intelligence acquired
through clandestine means.
Subtitle B--Deputy Directors of Central Intelligence
SEC. 121. DEPUTY DIRECTORS OF CENTRAL INTELLIGENCE.
(a) Positions.--There is a Deputy Director of Central Intelligence,
and there is a Deputy Director of Central Intelligence for Community
Management.
(b) Appointment.--Each Deputy Director shall be appointed by the
President, by and with the advice and consent of the Senate.
(c) Qualifications.--Each Deputy Director shall have extensive
national security experience.
SEC. 122. DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE.
(a) In General.--The Deputy Director of Central Intelligence shall
act for, and exercise the powers of, the Director of Central
Intelligence during the Director's absence or disability or during a
vacancy in office of the Director of Central Intelligence.
(b) Precedence.--The Deputy Director of Central Intelligence takes
precedence immediately after the Director of Central Intelligence.
SEC. 123. DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE FOR COMMUNITY
MANAGEMENT.
Subject to the direction of the Director of Central Intelligence, the
Deputy Director of Central Intelligence for Community Management shall
be responsible for the following:
(1) Directing the operations of the Community Management
Staff.
(2) Directing the operations of the Infrastructure Support
Office.
(3) Performing community-wide management functions, including
the management of personnel, resources, and requirements.
(4) Managing community-wide research and development.
SEC. 124. CIVILIAN AND MILITARY STATUS OF DIRECTOR OF CENTRAL
INTELLIGENCE AND DEPUTIES.
(a) Limitation on Active Duty Status.--Not more than one individual
serving in the following positions may be on active duty in the Armed
Forces while serving in that position:
(1) The Director of Central Intelligence.
(2) The two Deputy Directors of Central Intelligence.
(b) Appointment and Rank.--An individual serving in a position
specified in paragraph (1) or (2) of subsection (a) who is on active
duty in the Armed Forces shall be appointed from among the officers of
the Armed Forces on the active-duty list. The Director of Central
Intelligence may hold the grade of general or admiral while so serving
and a Deputy Director of Central Intelligence may hold the rank of
lieutenant general or vice admiral while so serving.
(c) Role as Officer of Armed Forces.--A commissioned officer of the
Armed Forces, while serving in a position specified in paragraph (1) or
(2) of subsection (a)--
(1) shall not be subject to supervision or control by the
Secretary of Defense or by any officer or employee of the
Department of Defense;
(2) shall not exercise, by reason of the officer's status as
a commissioned officer, any supervision or control with respect
to any of the military or civilian personnel of the Department
of Defense except as authorized by this title; and
(3) shall not be counted against the numbers and percentages
of commissioned officers of the rank and grade of such officer
authorized for the military department of that officer.
(d) Military Benefits.--Except as provided in paragraph (1) or (2) of
subsection (c), the appointment of an officer of the Armed Forces to a
position specified in paragraph (1) or (2) of subsection (a) shall not
affect the status, position, rank, or grade of such officer in the
Armed Forces, or any emolument, perquisite, right, privilege, or
benefit incident to or arising out of any such status, position, rank,
or grade.
(e) Pay.--An officer of the Armed Forces appointed to a position
specified in paragraph (1) or (2) of subsection (a), while serving in
such position, shall continue to receive military pay and allowances
payable to a commissioned officer of that officer's grade and length of
service for which the appropriate military department shall be
reimbursed from funds available to the Director of Central
Intelligence. In addition to any pay or allowance payable under this
subsection, such officer shall also receive, out of funds available to
the Director of Central Intelligence, annual compensation in an amount
by which the annual rate of compensation payable for such position
exceeds the total of that officer's annual rate of military pay and
allowances.
Subtitle C--The Intelligence Community
SEC. 131. ELEMENTS OF THE INTELLIGENCE COMMUNITY.
The Intelligence Community of the United States Government consists
of the following:
(1) The Office of the Director of Central Intelligence, which
shall include the Offices of the Deputy Directors of Central
Intelligence and such other offices as the Director may
designate.
(2) The Community Management Staff.
(3) The National Intelligence Evaluation Council.
(4) The Central Intelligence Agency.
(5) The Defense Intelligence Agency.
(6) The National Security Agency.
(7) The National Reconnaissance Office.
(8) The Central Imagery Office.
(9) The Infrastructure Support Office.
(10) The intelligence elements of the Army, the Navy, the Air
Force, the Marine Corps, and the Coast Guard.
(11) The intelligence elements of the Federal Bureau of
Investigation, the Department of the Treasury, the Department
of Energy, and the Drug Enforcement Administration.
(12) The Bureau of Intelligence and Research of the
Department of State.
(13) Such other offices and entities as are established by
law under the authority of the Director of Central Intelligence
or as may be provided by law or by the President to be a
component of the Intelligence Community.
SEC. 132. INTELLIGENCE COMMUNITY INSPECTOR GENERAL FORUM.
(a) Establishment.--There is hereby established an Intelligence
Community Inspector General Forum (hereinafter in this section referred
to as the ``Forum'').
(b) Mission.--The Forum shall provide a mechanism for sharing
information among those Inspectors General whose duties and
responsibilities include audit, inspection, or investigation relating
to programs and operations of elements within the Intelligence
Community to ensure adequate Inspector General oversight with respect
to those programs and operations and to coordinate efforts with a view
toward preventing duplication.
(c) Membership.--
(1) The Forum shall consist of the following members:
(A) The Inspector General of the Department of
Defense.
(B) The Inspector General of the Central Intelligence
Agency.
(C) The Inspector General of the Department of State.
(D) The Inspector General of the Department of the
Treasury.
(E) The Inspector General of the Department of
Justice.
(F) The Inspector General of the Department of
Energy.
(G) The Inspector General of any other element within
the Intelligence Community, regardless of whether the
position of such Inspector General is created by
statute.
(H) Such other Federal officials as the co-chairs of
the Forum may invite to attend meetings whenever
matters of interest to them are scheduled to be
discussed.
(2) The Forum shall be co-chaired by the Inspector General of
the Department of Defense and the Inspector General of the
Central Intelligence Agency.
(3) The co-chairs may establish such subcommittees or working
groups as they consider appropriate to support the work of the
Forum.
(4) There shall be an Executive Secretary for the Forum to be
appointed from the Office of the Inspector General of the
Department of Defense.
(d) Meetings.--The Forum shall meet at least quarterly, and more
often as the co-chairs consider necessary. The Director of Central
Intelligence, the Secretaries of Defense, State, the Treasury, and
Energy, and the Attorney General of the United States shall be given as
much advance notice as practicable before each meeting of the Forum.
(e) Functions.--
(1) The Forum shall ensure adequate Inspector General
oversight over programs and operations of elements within the
Intelligence Community under the jurisdiction of two or more
statutory Inspectors General. In this regard, the Director of
Central Intelligence, the Secretaries of Defense, State, the
Treasury, and Energy, and the Attorney General may each submit
to the Forum or to their respective statutory Inspector General
requests for an Inspector General audit, inspection, or
investigation with respect to any program or operation of an
element within the Intelligence Community under the
jurisdiction of two or more statutory Inspectors General.
(2) The Forum shall serve as a focal point for discussions of
mutual interest to the Inspectors General concerning oversight
of elements within the Intelligence Community, including--
(A) policies and procedures for conducting audits,
inspections, or investigations into programs and
operations of elements within the Intelligence
Community under the jurisdiction of two or more
statutory Inspectors General; and
(B) qualifications and training for auditors,
inspectors, and investigators who will be assigned to
conduct audits, inspections, or investigations into
programs and operations of elements within the
Intelligence Community under the jurisdiction of two or
more statutory Inspectors General.
(3) The Forum shall keep the Director of Central
Intelligence, the Secretary of the appropriate Department, and
the head of the appropriate element within the Intelligence
Community informed of issues identified in audits, inspections
or investigations of programs, or operations of elements within
the Intelligence Community under the jurisdiction of two or
more statutory Inspectors General.
(4) This section shall not preclude and is not intended to
preclude an Inspector General from independently initiating any
audit, inspection, or investigation of programs or operations
within their respective establishment as they consider
appropriate in accordance with the Inspector General Act of
1978, or section 17 of the Central Intelligence Agency Act of
1949, as appropriate.
(f) Responsibilities.--Members of the Forum shall--
(1) designate a point of contact within their respective
organizations to receive and provide information regarding
Forum activities; and
(2) provide staff and other resources for the audits,
inspections and investigations of programs, or operations that
involve two or more elements within the Intelligence Community.
(g) Report on Inspector General for the Intelligence Community.--Not
later than April 15, 1997, the Forum shall submit to the congressional
intelligence committees a report on the feasibility of, and costs and
benefits associated with, creating an Inspector General for the
Intelligence Community.
Subtitle D--Annual Reports
SEC. 141. ANNUAL REPORT ON INTELLIGENCE COMMUNITY ACTIVITIES.
(a) In General.--The Director of Central Intelligence shall submit to
Congress an annual report on the activities of the Intelligence
Community. The annual report shall be unclassified.
(b) Matters To Be Covered in Annual Report.--Each report under this
section shall describe--
(1) the activities of the Intelligence Community during the
preceding fiscal year, including significant successes and
failures that can be described in an unclassified manner; and
(2) the areas of the world and the issues that the Director
expects will require increased or unusual attention from the
Intelligence Community during the next fiscal year.
(c) Time for Submission.--The report under this section for any year
shall be submitted at the same time that the President submits the
budget for the next fiscal year pursuant to section 1105 of title 31,
United States Code.
TITLE II--INTELLIGENCE COMMUNITY MANAGEMENT
Subtitle A--Intelligence Community Functions
SEC. 201. COMMUNITY MANAGEMENT STAFF.
There is a Community Management Staff.
SEC. 202. FUNCTIONS OF THE COMMUNITY MANAGEMENT STAFF.
(a) In General.--The Deputy Director of Central Intelligence for
Community Management, acting through the Community Management Staff,
shall provide corporate management of the following Intelligence
Community-wide functions:
(1) Requirements and collection management.
(2) Planning, programming, budgeting, and accounting for the
National Foreign Intelligence Program.
(3) Research and development activities.
(b) Coordination With the DMI Staff.--The Deputy Director of Central
Intelligence for Community Management shall coordinate the functions
referred to in paragraphs (1) through (3) of subsection (a) with the
Director of Military Intelligence.
Subtitle B--National Foreign Intelligence Program
SEC. 221. BUDGETS.
(a) Preparation.--The Deputy Director of Central Intelligence for
Community Management, in consultation with the elements of the
Intelligence Community, shall prepare the annual budgets of the
National Foreign Intelligence Program.
(b) Approval of Budgets.--The Director of Central Intelligence shall
approve the budgets prepared under subsection (a) before their
incorporation in the National Foreign Intelligence Program.
(c) Accounting.--The Director of Central Intelligence, acting through
the Deputy Director of Central Intelligence for Community Management,
shall budget and account for financial resources on a community-wide
basis by the functional categories of collection, processing,
exploitation, analysis, dissemination, and infrastructure.
(d) Identification of Constituent Components of Base Intelligence
Budget.--The Director of Central Intelligence shall include in the
congressional budget justification materials provided to the
congressional intelligence committees in connection with the annual
submission of the National Foreign Intelligence Program for a fiscal
year the same level of budgetary detail for that part of the National
Foreign Intelligence Program budget identified as the Base Budget that
is provided for that part of such budget identified as Ongoing
Initiatives and New Initiatives.
SEC. 222. COMPTROLLER FUNCTIONS OF COMMUNITY MANAGEMENT STAFF.
(a) Execution Review.--The Community Management Staff shall perform
budget execution review of elements of the Intelligence Community and
shall have the authority to recommend to the comptroller of the
Department of Defense that authorized and appropriated intelligence
funds be withheld in those instances in which elements of the
Intelligence Community within the Department of Defense are not
complying with guidance from the Director of Central Intelligence or
applicable law.
(b) Accounting System.--The Deputy Director of Central Intelligence
for Community Management shall establish and maintain an Intelligence
Community-wide automated system for programming, budgeting, accounting,
and execution review of the National Foreign Intelligence Program.
SEC. 223. LIMITATIONS ON TRANSFERS AND REPROGRAMMING.
(a) Limitation on New Use of Funds Available for Intelligence
Activities.--Funds may not be made available through transfer,
reprogramming, or other means between the Central Intelligence Agency
and the Department of Defense for any intelligence or special activity
different from that previously justified to the Congress unless the
Director of Central Intelligence or the Secretary of Defense notifies
in advance the Permanent Select Committee on Intelligence of the House
of Representatives, the Select Committee on Intelligence of the Senate,
and the Committees on Appropriations of the Senate and House of
Representatives of the intent to make such funds available for such
activity.
(b) Limitation on Amounts Transferred.--The amount that may be
transferred from any account of an element of the Intelligence
Community for any fiscal year may not exceed five percent of the
aggregate portion of the National Foreign Intelligence Program budget
of that element for that fiscal year.
(c) Limitation on Transfer of Funds Available for Drug Interdiction
or Counter-Drug Purposes.--None of the funds available to the Central
Intelligence Agency for any fiscal year for drug interdiction and
counter-drug activities may be transferred to any other department or
agency of the United States except as specifically provided in an
appropriations law.
SEC. 224. TRANSFER OF FUNDS OR PERSONNEL WITHIN THE NATIONAL FOREIGN
INTELLIGENCE PROGRAM.
(a) General Authority.--In addition to any other authorities
available under law for such purposes, the Director of Central
Intelligence, with the approval of the Director of the Office of
Management and Budget, may transfer funds appropriated for a program
within the National Foreign Intelligence Program to another such
program and, in accordance with procedures to be developed by the
Director and the heads of affected departments and agencies, may
transfer personnel authorized for an element of the Intelligence
Community to another such element for periods up to a year.
(b) Conditions.--A transfer of funds or personnel may be made under
this section only if--
(1) the funds or personnel are being transferred to an
activity that is a higher priority intelligence activity;
(2) the need for funds or personnel for such activity is
based on unforeseen requirements;
(3) the transfer does not involve a transfer of funds to the
Reserve for Contingencies of the Director of Central
Intelligence; and
(4) the transfer does not involve a transfer of funds or
personnel from the Federal Bureau of Investigation.
(c) Availability of Transferred Funds.--Funds transferred under this
subsection shall remain available for the same period as the
appropriations account to which such funds are transferred.
(d) Notification of Congress.--Any transfer of funds under this
section shall be carried out in accordance with existing procedures
applicable to reprogramming notifications for the appropriate
congressional committees. Any proposed transfer for which notice is
given to the appropriate congressional committees shall be accompanied
by a report explaining the nature of the proposed transfer and how it
satisfies the requirements of this subsection. In addition, the
congressional intelligence committees shall be promptly notified of any
transfer of funds made pursuant to this subsection in any case in which
the transfer would not have otherwise required reprogramming
notification under procedures in effect as of October 24, 1992.
(e) Report on Personnel Transfers.--The Director shall promptly
submit to the congressional intelligence committees and, in the case of
the transfer of personnel to or from the Department of Defense, the
Committee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives, a report on any transfer of
personnel made pursuant to this section. The Director shall include in
any such report an explanation of the nature of the transfer and how it
satisfies the requirements of this subsection.
SEC. 225. LIMITATION ON REPROGRAMMING.
No funds made available under the National Foreign Intelligence
Program may be reprogrammed by any element of the Intelligence
Community without the prior approval of the Director of Central
Intelligence except in accordance with procedures issued by the
Director.
Subtitle C--Personnel
SEC. 231. USE OF PERSONNEL.
The Director of Central Intelligence shall, in coordination with the
heads of departments and agencies with elements in the Intelligence
Community, institute policies and programs within the Intelligence
Community--
(1) to provide for the rotation of personnel between the
elements of the Intelligence Community, where appropriate, and
to make such rotated service a factor to be considered for
promotion to senior positions;
(2) to consolidate, wherever possible, personnel,
administrative, and security programs to reduce the overall
costs of these activities within the Intelligence Community;
(3) to ensure the maintenance of effective performance
evaluation systems with common standards throughout the
national Intelligence Community; and
(4) to develop a community-wide career development program
that emphasizes corporate management skills.
SEC. 232. AUTHORITY TO TERMINATE EMPLOYMENT OF CERTAIN EMPLOYEES.
(a) In General.--The Director of Central Intelligence may, in the
Director's discretion, terminate the employment of any officer or
employee of the Central Intelligence Agency or the Community Management
Staff whenever the Director considers such termination to be necessary
or advisable in the interests of the United States.
(b) Other Employment in the Government.--Any such termination does
not affect the right of the individual whose employment is so
terminated to seek or accept employment in any other department or
agency of the Government if declared eligible for such employment by
the Office of Personnel Management.
SEC. 233. INTELLIGENCE COMMUNITY RESERVE.
(a) Establishment.--The Director of Central Intelligence shall
establish an Intelligence Community Reserve.
(b) Members.--The Intelligence Community Reserve may consist of
former or retired personnel of elements of the Intelligence Community
(including individuals with expertise in all-source analysis and
individuals who are linguists) and of other qualified individuals drawn
from non-Intelligence Community sources, as determined by the Director
of Central Intelligence. Each member of the Intelligence Community
Reserve shall agree that, during any period of emergency (as determined
by the Director), the member shall enter into or return to active
civilian status within the Intelligence Community and shall perform
such duties as the Director may assign.
(c) Monetary Incentives.--In order to attract individuals to become
members of the Intelligence Community Reserve, the Director, without
regard to subchapter IV of chapter 55 of title 5, United States Code,
may provide special monetary incentives to individuals eligible to
become members of the Reserve who agree to become members of the
Intelligence Community Reserve and to acquire or retain proficiency in
such skills as the Director shall specify.
(d) Training and Support.--In order to provide training and support
for members of the Intelligence Community Reserve, the Director--
(1) may pay all or part of the expenses related to the
training of individuals in the Intelligence Community Reserve;
and
(2) may pay benefits and allowances in accordance with
chapters 57 and 59 of title 5, United States Code, to
individuals in the Intelligence Community Reserve who are
assigned to training at sites away from their homes or regular
places of business.
(e) Service Agreements.--(1) The Director, before providing training
under this section to any individual, may obtain an agreement with that
individual that--
(A) in the case of current employees, pertains to
continuation of service of the employee, and repayment of the
expenses of such training for failure to fulfill the agreement,
consistent with the provisions of section 4108 of title 5,
United States Code; and
(B) in the case of individuals accepted for membership in the
Intelligence Community Reserve, pertains to return to service
when requested, and repayment of the expenses of such training
for failure to fulfill the agreement, consistent with the
provisions of section 4108 of title 5, United States Code.
(2) The Director, under regulations prescribed under this section,
may waive, in whole or in part, a right of recovery under an agreement
made under this subsection if it is shown that the recovery would be
against equity and good conscience or against the public interest.
(f) Applicability of Voluntary Separation Pay Act.--(1) Participation
in the Intelligence Community Reserve through the receipt of monetary
incentives under subsection (c) does not constitute employment with the
Government of the United States for purposes of the Central
Intelligence Agency Voluntary Separation Pay Act (50 U.S.C. 403-4).
(2) Performing service in an active duty status under subsection (d)
does constitute employment with the Government of the United States for
purposes of the Central Intelligence Agency Voluntary Separation Pay
Act (50 U.S.C. 403-4), and the repayment requirement of section 2(b) of
that Act applies unless waived in accordance with such section 2(b).
Subtitle D--Infrastructure Support Office
SEC. 241. ESTABLISHMENT OF INFRASTRUCTURE SUPPORT OFFICE.
(a) Establishment.--There is within the Intelligence Community the
Infrastructure Support Office.
(b) Director.--The Office shall be headed by a Director, who shall be
appointed by the Director of Central Intelligence.
SEC. 242. RESPONSIBILITIES OF DIRECTOR OF THE INFRASTRUCTURE SUPPORT
OFFICE.
(a) In General.--Under the direction of the Deputy Director of
Central Intelligence for Community Management, the Director of the
Infrastructure Support Office shall be responsible for administrative
and logistical functions relating to infrastructure and services of
common concern to elements of the Intelligence Community. Such
functions shall include the following:
(1) Personnel management.
(2) Security.
(3) Community-level training.
(4) Communications.
(5) Automation.
(6) Such additional functions as may be assigned by the
Director of Central Intelligence.
(b) Automation Equipment.--The Director of the Infrastructure Support
Office shall establish standards and information architectures for
automation equipment throughout the Intelligence Community. The
Director shall be responsible for life-cycle management, replacement,
and upgrading of such equipment.
(c) Coordination Among Elements of Intelligence Community.--The
Director of Central Intelligence and the Secretary of Defense, as
appropriate, shall require the head of each element of the Intelligence
Community to report to the Director of the Infrastructure Support
Office on those functions and activities that can be consolidated in
the Infrastructure Support Office so as to achieve cost savings and
efficiencies for the Intelligence Community as a whole.
Subtitle E--Intelligence Community Administration
SEC. 251. SECRECY AGREEMENTS USED IN INTELLIGENCE ACTIVITIES.
Notwithstanding any other provision of law not specifically
referencing this section, a nondisclosure policy form or agreement that
is to be executed by a person connected with the conduct of an
intelligence or intelligence-related activity, other than an employee
or officer of the United States Government, may contain provisions
appropriate to the particular activity for which such document is to be
used. Such form or agreement shall, at a minimum--
(1) require that the person will not disclose any classified
information received in the course of such activity unless
specifically authorized to do so by the United States
Government; and
(2) provide that the form or agreement does not bar--
(A) disclosures to Congress; or
(B) disclosures to an authorized official of an
executive agency that are considered essential to
reporting a violation of United States law.
SEC. 252. COORDINATION OF COUNTERINTELLIGENCE MATTERS WITH THE FEDERAL
BUREAU OF INVESTIGATION.
(a) Coordination by Other Agencies With FBI.--(1) The head of each
department or agency within the executive branch shall ensure that the
Director of the Federal Bureau of Investigation is informed immediately
of any information, regardless of its origin, which indicates that
classified information is being, or may have been, disclosed in an
unauthorized manner to a foreign power or an agent of a foreign power.
(2) Following the making of a report under paragraph (1), the head of
the department or agency making the report shall ensure that the
Director of the Federal Bureau of Investigation is consulted with
respect to all subsequent actions that may be undertaken by the
department or agency to determine the source of such unauthorized
disclosure.
(3) When, after appropriate consultation with the head of the
department or agency concerned, the Director of the Federal Bureau of
Investigation undertakes investigative activities to determine the
source of the unauthorized disclosure, the head of the department or
agency concerned shall ensure that the Director is given complete and
timely access to the employees and records of that department or agency
for purposes of such investigative activities.
(b) Coordination by FBI With Other Agencies.--(1) The Director of the
Federal Bureau of Investigation shall ensure that when the Bureau
obtains espionage information pertaining to the personnel, operations,
or information of another department or agency of the executive branch,
such information is provided through appropriate channels to the head
of that department or agency.
(2) The Director shall ensure that when the Bureau undertakes an
espionage investigation which involves the personnel, operations, or
information of another department or agency of the executive branch
after a report is provided pursuant to subsection (a)(1), the head of
that department or agency is consulted with respect to that
investigation.
(c) Presidential Waiver Authority.--(1) When essential to meet
extraordinary circumstances affecting vital national security interests
of the United States as determined by the President, the President may,
on a case-by-case basis, waive the requirements of subsection (a) or
(b), as they apply to the head of a particular department or agency or
to the Director of the Federal Bureau of Investigation.
(2) Such a waiver shall be in writing and shall fully state the
justification for the waiver.
(3) Within 30 days after issuing such a waiver, the President shall
notify the congressional intelligence committees that the waiver has
been issued and, at that time or as soon thereafter as national
security considerations permit, shall provide those committees with a
complete explanation of the circumstances which necessitated the
waiver.
(d) Annual Report.--The Director of the Federal Bureau of
Investigation shall, not later than February 1 of each year, submit to
the congressional intelligence committees and, in accordance with
applicable security procedures, the Committees on the Judiciary of the
Senate and House of Representatives a report with respect to compliance
with subsections (a) and (b) during the previous calendar year. Each
such report shall be prepared in consultation with the Director of
Central Intelligence and the Secretary of Defense.
(e) Relationship to Department of Defense Authority Over Persons
Subject to UCMJ.--Nothing in this section may be construed to--
(1) alter the jurisdictional arrangements in effect as of
October 14, 1994, between the Federal Bureau of Investigation
and the Department of Defense with respect to investigations of
persons subject to the Uniform Code of Military Justice
(chapter 47 of title 10, United States Code); or
(2) impose reporting requirements upon the Department of
Defense with respect to such investigations beyond those
required by law and executive branch policy as of October 14,
1994.
(f) Definitions.--As used in this section, the terms ``foreign
power'' and ``agent of a foreign power'' have the meanings set forth in
sections 101(a) and 101(b), respectively, of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801).
SEC. 253. INTELLIGENCE COMMUNITY CONTRACTING.
The Director of Central Intelligence shall direct that elements of
the Intelligence Community, whenever compatible with the national
security interests of the United States and consistent with the
operational and security concerns related to the conduct of
intelligence activities, and where fiscally sound, shall 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
SEC. 301. CENTRAL INTELLIGENCE AGENCY.
There is a Central Intelligence Agency. The Central Intelligence
Agency is the principal all-source national intelligence analytical
agency. The Director of Central Intelligence is the head of the Central
Intelligence Agency.
SEC. 302. DUTIES OF DIRECTOR OF CENTRAL INTELLIGENCE WITH REGARD TO THE
CENTRAL INTELLIGENCE AGENCY.
The Director of Central Intelligence, as head of the Central
Intelligence Agency, shall--
(1) correlate and evaluate intelligence related to the
national security;
(2) provide appropriate dissemination of such intelligence;
and
(3) coordinate and manage all human intelligence activities
within the Intelligence Community.
SEC. 303. FUNCTIONS OF THE CENTRAL INTELLIGENCE AGENCY.
The Director of Central Intelligence, as head of the Central
Intelligence Agency, shall perform the following functions:
(1) Analysis and production.--
(A) Correlating and evaluating intelligence related
to national security collected from all sources
available throughout the Intelligence Community and
facilitating appropriate dissemination of such
intelligence.
(B) Coordinating analyses conducted by the elements
of the Intelligence Community and establishing
procedures for collaborative all-source analysis.
(C) Producing national intelligence estimates.
(D) Managing the acquisition and incorporation of
all-source intelligence into the community all-source
analytical process.
(2) Collection of intelligence through human sources.--
(A) Collecting national intelligence clandestinely
through human sources and by other appropriate means,
using the elements of the Intelligence Community
authorized to undertake such collection.
(B) Ensuring that the most effective use is made of
resources authorized for the purposes of subparagraph
(A) and minimizing the risks to the United States
inherent in clandestine collection operations.
(C) Managing the administrative and technical support
activities of the Intelligence Community necessary to
carrying out clandestine collection.
(D) Performing such other functions as the Director
of Central Intelligence may direct.
SEC. 304. AGREEMENT TO TRANSFER DOD CLANDESTINE HUMINT TO CIA.
The Secretary of Defense shall enter into an agreement with the
Director of Central Intelligence to transfer from the Secretary of
Defense the responsibilities and authorities of the Secretary for the
clandestine collection of intelligence by human sources conducted by
the Defense Human Intelligence Service as of the date of the enactment
of this Act.
Subtitle B--The National Intelligence Evaluation Council
SEC. 321. NATIONAL INTELLIGENCE EVALUATION COUNCIL.
(a) Establishment.--There is within the Intelligence Community the
National Intelligence Evaluation Council.
(b) Members.--The National Intelligence Evaluation Council shall be
composed of senior analysts within the Intelligence Community and may
include substantive experts from the public and private sector. Members
of the Council shall be appointed by, report to, and serve at the
pleasure of, the Director of Central Intelligence. The Director of
Central Intelligence shall appoint the head of the Council from among
its members, who shall report directly to the Director of Central
Intelligence.
(c) Security Requirements.--The Director of Central Intelligence
shall prescribe appropriate security requirements for personnel
appointed from the private sector as a condition of service on the
Council to ensure the protection of intelligence sources and methods
while avoiding, wherever possible, unduly intrusive requirements which
the Director considers to be unnecessary for this purpose.
SEC. 322. FUNCTIONS OF THE NATIONAL INTELLIGENCE EVALUATION COUNCIL.
The National Intelligence Evaluation Council shall evaluate
Intelligence Community-wide collection and production of intelligence,
as well as the requirements and resources for such collection and
production. Such evaluation shall be performed in consultation with
both Deputy Directors of Central Intelligence and with the Director of
Military Intelligence.
SEC. 323. STAFFING OF THE NATIONAL INTELLIGENCE EVALUATION COUNCIL.
The Director of Central Intelligence shall make available to the
National Intelligence Evaluation Council such staff as may be necessary
to permit the Council to carry out its responsibilities under this
subtitle and shall take appropriate measures to ensure that the Council
and its staff satisfy the needs of policymaking officials and other
consumers of intelligence.
Subtitle C--Future of Intelligence Collection
SEC. 331. PANEL ON THE FUTURE OF INTELLIGENCE COLLECTION.
(a) Study.--The Director of Central Intelligence and the Secretary of
Defense shall arrange for a study to be conducted on the future of
intelligence collection, in terms of managing collection resources in a
more consolidated, synergistic manner. The study is not limited to, but
should include specific examination of the following:
(1) Establishing within the Intelligence Community a single
agency with responsibility for--
(A) the clandestine collection of intelligence
through human sources and other clandestine techniques;
(B) covert action; and
(C) representing the Director of Central Intelligence
in liaison with foreign intelligence and security
services.
(2) Establishing a single agency for the conduct of technical
intelligence collection activities, including--
(A) signals intelligence (SIGINT), imagery
intelligence (IMINT), and measurement and signatures
intelligence (MASINT);
(B) first-phase (or initial) exploitation of the
results of such collection;
(C) dissemination of such collection in a timely
manner;
(D) development of processing and exploitation
technologies to support these functions; and
(E) serving as the sole agent within the Intelligence
Community for--
(i) the specification of technical
requirements for such reconnaissance systems as
may be needed to meet the signals intelligence,
imagery intelligence, and measurement and
signatures intelligence collection requirements
of the Intelligence Community; and
(ii) the operation and final disposition of
such systems.
(3) Establishing a single agency--
(A) to serve as the sole agent within the
Intelligence Community for the conduct of research,
development, test, and evaluation, for procurement, and
for launch of satellite reconnaissance systems that may
be required to satisfy the intelligence collection
requirements of the Intelligence Community; and
(B) to serve as the primary agent within the
Intelligence Community for the conduct of research,
development, test, evaluation and for procurement of
reconnaissance, surveillance, and sensor systems,
including airborne and maritime reconnaissance
capabilities within the National Foreign Intelligence
Program and the Joint Military Intelligence Program.
(4) Establishing a single agency for collection and
processing of imagery and geospatial information. This should
be examined as both a stand-alone agency and as a subset of the
agency described in paragraph (2). Specifically, the study
should evaluate the substantive advantages and disadvantages of
consolidating imagery collection into an overall collection
agency.
(b) Criteria.--The study under subsection (a) shall--
(1) take into account current and future technological
capabilities and intelligence requirements;
(2) take into account the costs and benefits associated with
establishing each of the agencies described in paragraphs (1)
through (4) of subsection (a) as well as the costs and benefits
of maintaining the current system of distinct ``collection
stovepipes''; and
(3) examine establishing each of the agencies described in
paragraphs (1) through (4) of subsection (a) both on their
individual merits and also with a view toward having such
agencies co-exist as an entire new organizational structure.
(c) Panel Members.--
(1) Selection.--The Director of Central Intelligence and the
Secretary of Defense, jointly, shall select individuals for
membership on a panel to conduct the study under subsection (a)
who are--
(A) current and former members of the Intelligence
Community and senior policy makers who are
knowledgeable about a diverse range of intelligence
requirements; and
(B) such other public or private individuals as the
Director and the Secretary deem appropriate.
(2) Balance.--Membership on the panel shall be balanced in
terms of technical and operational knowledge and views so as to
ensure the objectivity of the panel's report.
(3) Director.--The Director of Central Intelligence shall
appoint a director of the panel from among its members. The
director of the panel may create such sub-panels as the
director deems appropriate.
(d) Report.--No later than April 15, 1997, the panel shall submit a
report of the study to the Director of Central Intelligence, who shall
forward the report to the President, the Secretary of Defense, and to
the congressional intelligence committees.
TITLE IV--DEPARTMENT OF DEFENSE FUNCTIONS IN THE INTELLIGENCE COMMUNITY
Subtitle A--Secretary of Defense
SEC. 401. OVERALL SECRETARY OF DEFENSE FUNCTIONS.
The Secretary of Defense shall perform such intelligence functions as
may be directed by the President by Executive order or otherwise.
SEC. 402. REQUIREMENT THAT BUDGETS FOR INTELLIGENCE COMPONENTS BE
ADEQUATE.
The Secretary of Defense shall ensure that the budgets of the
elements of the Intelligence Community within the Department of Defense
for any fiscal year are adequate to satisfy the overall intelligence
needs of the Department of Defense, including--
(1) the needs of the chairman of the Joint Chiefs of Staff;
(2) the needs of the commanders of the unified and specified
commands; and
(3) the needs of other departments and agencies, as
appropriate.
SEC. 403. IMPLEMENTATION OF DIRECTOR OF CENTRAL INTELLIGENCE POLICIES
AND RESOURCE DECISIONS.
The Secretary of Defense shall ensure appropriate implementation of
the policies and resource decisions of the Director of Central
Intelligence by elements of the Department of Defense within the
National Foreign Intelligence Program.
SEC. 404. RELATIONSHIP OF NFIP ACTIVITIES TO TACTICAL INTELLIGENCE
ACTIVITIES.
The Secretary of Defense shall ensure that the tactical intelligence
activities of the Department of Defense complement, and are compatible
with, intelligence activities under the National Foreign Intelligence
Program. The Secretary shall carry out this section through the
Director of Military Intelligence.
SEC. 405. RESPONSIVENESS TO OPERATIONAL MILITARY FORCES.
The Secretary of Defense shall ensure that the elements of the
Intelligence Community within the Department of Defense are responsive
and timely with respect to satisfying the needs of operational military
forces.
SEC. 406. ELIMINATION OF WASTE AND UNNECESSARY DUPLICATION.
The Secretary of Defense shall eliminate waste and unnecessary
duplication among the intelligence activities of the Department of
Defense.
SEC. 407. JOINT AND CORPORATE CONDUCT OF DEFENSE INTELLIGENCE
ACTIVITIES.
The Secretary of Defense shall ensure that, when appropriate,
intelligence activities of the Department of Defense are conducted (1)
jointly, and (2) cooperatively with elements of the Intelligence
Community outside the Department of Defense.
SEC. 408. SIGNALS INTELLIGENCE ACTIVITIES.
The Secretary of Defense shall ensure through the National Security
Agency (except as otherwise directed by the President or the National
Security Council), the continued operation of an effective unified
organization for the conduct of signals intelligence activities and
shall ensure that the product is disseminated in a timely manner to
authorized recipients.
SEC. 409. IMAGERY COLLECTION, PROCESSING, AND EXPLOITATION.
The Secretary of Defense shall ensure through the Central Imagery
Office (except as otherwise directed by the President or the National
Security Council), with appropriate representation from the
Intelligence Community, the continued operation of an effective unified
organization within the Department of Defense for carrying out tasking
of imagery collection, for the coordination of imagery processing and
exploitation activities, and for ensuring the dissemination of imagery
in a timely manner to authorized recipients.
SEC. 410. OVERHEAD RECONNAISSANCE SYSTEMS.
The Secretary of Defense shall ensure through the National
Reconnaissance Office (except as otherwise directed by the President or
the National Security Council), the continued operation of an effective
unified organization for the research and development, acquisition, and
operation of overhead reconnaissance systems necessary to satisfy the
requirements of all elements of the Intelligence Community.
SEC. 411. USE OF ELEMENTS OF DEPARTMENT OF DEFENSE.
The Secretary of Defense, in carrying out the functions of the
Secretary under this Act, may use such elements of the Department of
Defense as may be appropriate for the execution of those functions, in
addition to, or in lieu of, the elements specifically identified in
this Act for the performance of those functions.
SEC. 412. CONSULTATIONS REGARDING APPOINTMENT OF CERTAIN INTELLIGENCE
OFFICIALS.
(a) In General.--Section 201 of title 10, United States Code, is
amended to read as follows:
``Sec. 201. Consultation regarding appointment of heads of certain
intelligence components
``(a) Consultations With Regard to Directors of NSA and NRO.--Before
submitting a recommendation to the President regarding the appointment
of an individual to the position of Director of the National Security
Agency or Director of the National Reconnaissance Office, the Secretary
of Defense shall consult with the Director of Central Intelligence
regarding the recommendation.
``(b) Appointment of Head of Central Imagery Office.--The Secretary
shall appoint, upon the recommendation of the Director of Central
Intelligence, the head of the Central Imagery Office within the
Department of Defense.''.
(b) Clerical Amendment.--The item relating to section 201 in the
table of sections at the beginning of subchapter II of chapter 8 of
such title is amended to read as follows:
``201. Consultation regarding appointment of heads of certain
intelligence components.''.
Subtitle B--Director of Military Intelligence
SEC. 421. DIRECTOR OF MILITARY INTELLIGENCE.
(a) Establishment of Position.--There is a Director of Military
Intelligence, appointed by the President, by and with the advice and
consent of the Senate, from the officers of the regular components of
the Armed Forces on active duty. The Director, while so serving, holds
the grade of lieutenant general or vice admiral.
(b) Nomination.--A recommendation by the Secretary of Defense to the
President for appointment of an officer as Director of Military
Intelligence may be made only after consultation with the Director of
Central Intelligence.
SEC. 422. FUNCTIONS OF THE DIRECTOR OF MILITARY INTELLIGENCE.
(a) Senior Military Intelligence Adviser.--The Director of Military
Intelligence is the senior military intelligence adviser to the
Secretary of Defense.
(b) Director of DIA.--The Director of Military Intelligence is the
Director of the Defense Intelligence Agency.
(c) Program Manager for JMIP.--The Director of Military Intelligence
is the program manager for the Joint Military Intelligence Program (or
any successor program).
(d) Program Coordinator for TIARA.--The Director of Military
Intelligence is the program coordinator for the activities in the
Department of Defense known as Tactical Intelligence and Related
Activities (TIARA).
SEC. 423. ROLE OF DIRECTOR OF MILITARY INTELLIGENCE IN THE INTELLIGENCE
COMMUNITY.
(a) National Intelligence.--The Director of Military Intelligence, as
director of the Defense Intelligence Agency, is accountable to the
Director of Central Intelligence in matters relative to the collection
and prosecution of national intelligence.
(b) Intelligence Requirements of the Secretary of Defense and the
Joint Chiefs of Staff.--The Director of Military Intelligence shall be
responsible for ensuring that the intelligence requirements of the
Secretary of Defense and the Joint Chiefs of Staff are met.
SEC. 424. PLANNING AND BUDGET FUNCTIONS.
(a) JMIP Responsibility.--The Director of Military Intelligence is
responsible within the Department of Defense for development and
submission of the Joint Military Intelligence Program for any fiscal
year.
(b) TIARA Responsibility.--The Director is responsible within the
Department of Defense for coordination of the development and
submission of the budget for any fiscal year for programs, projects,
and activities included within Tactical Intelligence and Related
Activities.
(c) Overall Budget Coordination.--The Director is the central point
of contact in the Department of Defense for budget coordination with
the Deputy Director of Central Intelligence for Community Management
relating to the development and submission of the National Foreign
Intelligence Program for any fiscal year.
SEC. 425. STAFF.
The Director of Military Intelligence shall have a staff sufficient
to enable the Director to carry out the functions of the Director,
including responsibilities with respect to budget development,
planning, programming, and coordination. The Director shall ensure that
the staff acts in a coordinated and corporate way with the Community
Management Staff and the Infrastructure Support Office.
Subtitle C--Defense Intelligence Agency
SEC. 441. DEFENSE INTELLIGENCE AGENCY GENERALLY.
(a) In General.--There is within the Department of Defense a Defense
Agency designated as the Defense Intelligence Agency. The Director of
Military Intelligence is the head of the Defense Intelligence Agency.
(b) Supervision.--The Director of Military Intelligence shall carry
out the Director's responsibilities as head of the Defense Intelligence
Agency under the direction of the Secretary of Defense and subject to
the authority and guidance of the Director of Central Intelligence for
those activities that support national intelligence requirements.
SEC. 442. FUNCTIONS OF THE DEFENSE INTELLIGENCE AGENCY.
(a) Production.--The Director of Military Intelligence, in the
Director's capacity as head of the Defense Intelligence Agency, shall
produce timely, objective military and military-related intelligence,
independent of political considerations or bias and based upon all
sources available to the Intelligence Community.
(b) Dissemination of Intelligence.--The Director shall ensure the
appropriate dissemination of intelligence produced pursuant to
subsection (a) to authorized recipients.
(c) Management of Joint Intelligence Center.--The Director shall
manage the Joint Intelligence Center as provided by section 923 of
Public Law 102-190 (10 U.S.C. 201 note; 105 Stat. 1453).
(d) Coordination.--The Director shall coordinate the exercise
pursuant to section 924 of Public Law 102-190 (10 U.S.C. 113 note; 105
Stat. 1454) of national intelligence collections systems and
exploitation organizations that would be used to provide intelligence
support, including support of the combatant commands, during a crisis
or conflict.
(e) Defense Attache System.--The Director shall manage the Defense
Attache system.
(f) Additional Functions.--The Director shall perform such additional
services of common concern to the intelligence elements of the
Department of Defense as the Secretary of Defense determines can be
more efficiently accomplished centrally.
Subtitle D--The Military Departments
SEC. 451. INTELLIGENCE CAPABILITIES OF THE MILITARY DEPARTMENTS.
(a) Requirement for Maintenance of Capabilities.--Under the direction
of the Secretary of Defense, the Secretaries of the military
departments shall maintain sufficient capabilities to collect and
produce intelligence to meet--
(1) the requirements of the Director of Central Intelligence;
(2) the requirements of the Secretary of Defense or the
Chairman of the Joint Chiefs of Staff; and
(3) the specialized requirements of the military departments
for intelligence necessary to support--
(A) tactical commanders;
(B) military planners;
(C) the research and development process;
(D) the acquisition of military equipment; and
(E) training and doctrine.
(b) Level and Form of Capabilities To Be Maintained.--The Secretaries
of the military departments shall ensure that the capabilities
maintained pursuant to subsection (a) do not exceed that which is
necessary to satisfy the requirements of their respective departments.
To the extent feasible, the Secretaries shall provide for such
capabilities to be maintained jointly and in the most efficient and
cost-effective form.
Subtitle E--Planning and Budgeting
SEC. 461. JOINT MILITARY INTELLIGENCE PROGRAM.
(a) In General.--The Joint Military Intelligence Program consists of
those programs, projects, and activities of the Department of Defense
that are intended to provide intelligence, surveillance, and
reconnaissance capabilities that support multiple defense-wide or joint
theater-level consumers.
(b) Components.--The Joint Military Intelligence Program includes the
programs, projects, and activities that as of the date of the enactment
of this Act are designated as follows:
(1) The Defense Imagery Program.
(2) The Defense Cryptologic Program.
(3) The Defense Mapping, Charting, and Geodesy Program.
(4) The Defense General Intelligence Applications Program,
including--
(A) the Defense Airborne Reconnaissance Program;
(B) the Defense Space Reconnaissance Program;
(C) the Defense Intelligence Counterdrug Program;
(D) the Defense Intelligence Tactical Program; and
(E) the Defense Intelligence Special Technologies
Program.
(c) Additional Components.--The Joint Military Intelligence Program
includes such additional programs, projects, and activities as are
specified by law or are designated by the Secretary of Defense.
SEC. 462. TACTICAL INTELLIGENCE AND RELATED ACTIVITIES (TIARA).
(a) In General.--The set of programs, projects, and activities in the
Department of Defense referred to as Tactical Intelligence and Related
Activities are those programs, projects, and activities of the
Department of Defense that--
(1) provide intelligence, surveillance, and reconnaissance
capabilities that are unique to one of the military services;
and
(2) are part of a force structure organic to one of the
military services at the component level and below.
(b) Included Personnel Activities.--Those activities include
activities that train personnel for intelligence duties or provide an
intelligence reserve.
(c) Certain Weapons Targeting Programs Excluded.--Those activities do
not include programs that are so closely integrated with a weapons
system that their primary function is to provide immediate-use
targeting data.
SEC. 463. NOTICE TO CONGRESS OF CHANGES IN JMIP AND TIARA.
The Secretary of Defense may not add to or remove program elements
from (other than a change provided by law) the Joint Military
Intelligence Program or the Tactical Intelligence and Related
Activities aggregation for any fiscal year unless the Secretary
included notice of the proposed change with the budget justification
materials submitted to the congressional intelligence committees for
the preceding fiscal year. The Secretary shall include with any such
notice a statement providing an explanation and justification for the
proposed change.
Subtitle F--Civilian Intelligence Personnel Policy
SEC. 481. STANDARDIZATION OF PERSONNEL POLICIES FOR INTELLIGENCE
COMPONENTS OF DEPARTMENT OF DEFENSE
(a) Consolidation and Standardization.--Chapter 83 of title 10,
United States Code, is amended--
(1) by redesignating section 1602 as section 1607 and
transferring that section so as to appear after section 1606;
and
(2) by striking out sections 1601, 1603, and 1604 and
inserting in lieu thereof the following:
``Sec. 1601. Management of civilian intelligence personnel
``(a) General Personnel Authority.--The Secretary of Defense may,
without regard to the provisions of any other law relating to the
appointment, number, classification, or compensation of employees--
``(1) establish such excepted service positions, including
positions in the Intelligence Senior Executive Service and
positions that may be designated as Intelligence Senior Level
positions under section 1602(c) of this title, for civilian
intelligence officers and employees of the intelligence
components of the Department of Defense as may be necessary to
carry out the intelligence functions of such components;
``(2) appoint individuals to such positions with appropriate
consideration of veterans' preference; and
``(3) fix the compensation of such individuals for service in
such positions.
``(b) Authority To Fix Rates of Basic Pay, Other Allowances and
Benefits.--(1) The Secretary of Defense shall, subject to subsection
(c), fix the rates of basic pay for positions established under this
section in relation to the rates of basic pay provided in subpart D of
part III of title 5, for positions subject to that title which have
corresponding levels of duties and responsibilities. Except as
otherwise provided by law, a civilian intelligence employee of an
intelligence component of the Department of Defense, including an
Intelligence Senior Level employee or a member of the Intelligence
Senior Executive Service, may not be paid basic pay in excess of the
maximum rate payable under section 5306(e), section 5376, or section
5382 of title 5, respectively.
``(2) The Secretary of Defense may provide civilian employees of the
intelligence components of the Department of Defense compensation (in
addition to basic pay) including benefits, incentives, and allowances
consistent with, and not in excess of the level authorized for,
comparable positions authorized by title 5.
``(c) Prevailing Rate Systems.--The Secretary of Defense may,
consistent with section 5341 of title 5, adopt such provisions of that
title as provide for prevailing rate systems of basic pay and may apply
those provisions to positions for civilian employees in or under which
the Department may employ individuals described by section
5342(a)(2)(A) of such title.
``(d) Allowances Based on Living Costs and Environment.--(1) In
addition to the basic pay payable under subsection (b), civilian
intelligence officers and employees of the intelligence components of
the Department of Defense who are citizens or nationals of the United
States and are stationed outside the continental United States or in
Alaska may be paid allowances, in accordance with regulations
prescribed by the Secretary of Defense, at a rate not in excess of the
allowance authorized to be paid by section 5941(a) of title 5 for
employees whose rates of basic pay are fixed by statute.
``(2) Such allowances shall be based on--
``(A) living costs substantially higher than in the District
of Columbia;
``(B) conditions of environment which differ substantially
from conditions of environment in the continental United States
and warrant an allowance as a recruitment incentive; or
``(C) both of the factors specified in subparagraphs (A) and
(B).
``Sec. 1602. Intelligence Senior Executive Service
``(a) Intelligence Senior Executive Service.--With regard to any
positions equivalent to the Senior Executive Service which may be
established pursuant to section 1601 of this title, the Secretary of
Defense shall prescribe regulations which are consistent with the
requirements set forth in sections 3131, 3132(a)(2), 3396(c), 3592,
3595(a), 5384, and 6304 of title 5 and subsections (a), (b), and (c) of
section 7543 of title 5 (except that any hearing or appeal shall be
held or decided pursuant to regulations issued by the Secretary). To
the extent practicable, the Secretary shall also prescribe regulations
to implement such other provisions of title 5 as apply to members of
the Senior Executive Service or to individuals applying for positions
in the Senior Executive Service.
``(b) Award of Rank to Members of the Intelligence Senior Executive
Service.--The President, based on the recommendations of the Secretary
of Defense, may award a rank referred to in section 4507 of title 5 to
members of the Intelligence Senior Executive Service whose positions
may be established pursuant to this section. The awarding of such rank
shall be made in a manner consistent with the provisions of that
section.
``(c) Intelligence Senior Level Positions.--In carrying out section
1601(a) of this title, the Secretary of Defense may designate positions
as Intelligence Senior Level positions. Positions which may be so
designated are those which require functional expertise and advisory
capacity, but do not have the organizational or program management
functions necessary for inclusion in the Intelligence Senior Executive
Service. Before designating any such position, the Secretary shall
prescribe regulations to implement this subsection.
``Sec. 1603. Administrative provisions
``(a) Time Limited Appointments.--(1) The Secretary of Defense may by
regulation authorize the use of time-limited appointments when hiring
and appointing an employee to certain prescribed positions within an
intelligence component of the Department of Defense. An employee who
has a time-limited appointment is not eligible for conversion to a
permanent Intelligence Senior Executive Service position without
competition.
``(2) In this subsection, the term `time-limited appointment' means
an appointment to a position within an intelligence component of the
Department of Defense for a period not to exceed five years.
``(b) Termination of Civilian Intelligence Employees.--(1)
Notwithstanding any other provision of law, the Secretary of Defense
may terminate the employment of any civilian intelligence officer or
employee of an intelligence component of the Department of Defense if
the Secretary--
``(A) considers that action to be in the interests of the
United States; and
``(B) determines that the procedures prescribed in other
provisions of law that authorize the termination of the
employment of such officer or employee cannot be invoked in a
manner consistent with national security.
``(2) A decision by the Secretary under this subsection is final and
may not be appealed or reviewed outside the Department of Defense.
``(3) The Secretary of Defense shall promptly notify the Permanent
Select Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate whenever the
Secretary terminates the employment of any officer or employ under the
authority of this section.
``(4) Any termination of employment under this subsection does not
affect the right of the officer or employee involved to seek or accept
employment with any other department or agency of the United States if
that officer or employee is declared eligible for such employment by
the Director of the Office of Personnel Management.
``(5) The authority of the Secretary of Defense under this subsection
may be delegated only to the Deputy Secretary of Defense or (with
respect to officers and employees under their respective jurisdictions)
the heads of the intelligence components of the Department of Defense.
An action to terminate employment of any civilian intelligence officer
or employee of the Department by any such officer may be appealed to
the Secretary of Defense.
``(c) Adjustment in Force.--(1) Notwithstanding sections 3501(b) and
3502 of title 5 and subject to paragraph (2), the Secretary of Defense
may prescribe regulations for the separation of civilian employees of
the intelligence components of the Department of Defense including
members of the Intelligence Senior Executive Service and employees
assigned to Intelligence Senior Level positions, in an adjustment in
force which give effect to--
``(A) performance;
``(B) tenure of employment;
``(C) length of service as computed under section 3502(a)
(A), (B), and (C) of title 5; and
``(D) veterans' preference, subject to sections 3501(a)(3)
and 3502(b) of title 5.
``(2) An adjustment in force in the Intelligence Senior Executive
Service shall be consistent with section 3595(a) of title 5.
``(3) The regulations prescribed under paragraph (1) shall include
provisions for appeal rights within the Department in lieu of the
provisions of any other law or regulations for all employees affected
by actions under this subsection.
``(d) Notification of Congress.--The Secretary of Defense shall
notify Congress of any regulations prescribed to carry out this section
or section 1601 or 1602 of this title. Such notice shall be provided by
submitting a copy of the regulations to the Permanent Select Committee
on Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate at least 60 days before such
regulations take effect.
``Sec. 1604. Intelligence components of the Department of Defense
defined
``In this chapter, the term `intelligence component of the Department
of Defense' means any of the following:
``(1) The National Security Agency.
``(2) The Defense Intelligence Agency.
``(3) The Central Imagery Office.
``(4) The National Reconnaissance Office.
``(5) The intelligence components of the military
departments.
``(6) Any other intelligence component of the Department of
Defense so designated by the Secretary of Defense.
``(7) Any successor to any such agency or office.''.
(b) Repeal of Superseded Provisions.--The following provisions of law
are repealed:
(1) Section 1590 of title 10, United States Code.
(2) Section 303 of the Internal Security Act of 1950 (50
U.S.C. 833).
(c) Clerical Amendments.--(1)(A) The heading of chapter 83 of title
10, United States Code, is amended to read as follows:
``CHAPTER 83--DEFENSE INTELLIGENCE CIVILIAN PERSONNEL''.
(B) The items relating to such chapter in the tables of chapters at
the beginning of subtitle A, and at the beginning of part II of
subtitle A, of such title are amended by striking out ``Agency and
Central Imagery Office''.
(2) The table of sections at the beginning of chapter 81 of such
title is amended by striking out the item relating to section 1590.
(3) The table of sections at the beginning of chapter 83 of such
title is amended--
(A) by striking out the items relating to sections 1601,
1602, 1603, and 1604 and inserting in lieu thereof the
following:
``1601. Management of civilian intelligence personnel.
``1602. Intelligence Senior Executive Service.
``1603. Administrative provisions.
``1604. Intelligence components of the Department of Defense
defined.''; and
(B) by inserting after the item relating to section 1606 the
following new item:
``1607. Merit pay system: Defense Intelligence Agency and Central
Imagery Office.''.
(3) The heading of section 1607, as transferred and redesignated by
subsection (a), is amended to read as follows:
``Sec. 1607. Merit pay system: Defense Intelligence Agency and Central
Imagery Office''.
SEC. 482. TEMPORARY PROGRAM FOR CIVILIAN WORKFORCE REDUCTION IN THE
NATIONAL SECURITY AGENCY.
(a) Voluntary Early Retirement Program.--The Secretary of Defense may
authorize the Director of the National Security Agency to permit
eligible employees to retire early from service voluntarily by
obtaining a lump-sum payment representing the present value of the 2
percent per annum early retirement penalty provided in section 8339(h)
of title 5, United States Code.
(b) Conditions for Payment.--Under the program, the payment may be
offered only--
(1) with the prior consent, or on the authority, of the
Secretary of Defense;
(2) to employees of the National Security Agency;
(3) to employees within such occupational groups or
geographic locations, or subject to such other similar
limitations or conditions as the Director of the National
Security Agency may require; and
(4) for a period not to exceed 90 consecutive days during the
period from October 1, 1996, to September 30, 1997.
(c) Terms of Payment.--Such payment shall--
(1) be paid in a lump sum;
(2) be equal to the present value of the total reduction in
the annuity pursuant to section 8339(h) of title 5, United
States Code, as calculated using appropriate present value
factors supplied by the Director of the Office of Personnel
Management;
(3) not be a basis for payment, and not be included in the
computation, of any other type of Government benefit;
(4) not be provided to employees who elect to receive
separation pay under section 5597 of title 5, United States
Code; and
(5) be subject to the availability of appropriations pursuant
to subsection (e).
(d) Repayment Upon Reemployment by the United States.--(1) An
individual who has received a payment under this section and
subsequently accepts employment with the United States shall be
required to repay, before the individual's first day of employment, the
entire amount of the lump-sum payment to the National Security Agency.
(2) For the purpose of this section, the term ``employment''
includes--
(A) employment of any length or under any type of
appointment, but does not include employment that is without
compensation; and
(B) employment under a personal services contract, as defined
in the Federal Procurement Regulations.
(e) Source of Payment.--(1) A lump-sum payment under this section may
be paid by the Director of the National Security Agency only out of
appropriations available to the National Security Agency for salaries
and expenses.
(2) Funds authorized to be appropriated for operation and maintenance
for the National Security Agency in the Intelligence Authorization Act
for Fiscal Year 1997 are authorized to be made available for lump sum
payments under this section.
(f) Definition.--For purposes of this section, the term ``employee''
means an individual who on the date of the enactment of this Act is an
employee of the National Security Agency, serving under an appointment
without time limitation, who has been employed as of that date for a
period of at least 60 months, and who is in the Civil Service
Retirement System and is eligible for an annuity under section
8336(d)(2) of title 5, United States Code. Such term does not include--
(1) a reemployed annuitant under subchapter III of chapter 83
of such title; or
(2) an employee having a disability on the basis of which
such employee is or would be eligible for disability retirement
under chapter 83 of such title.
TITLE V--NATIONAL SECURITY COUNCIL AND RELATED BOARDS AND COMMITTEES
SEC. 501. RECODIFICATION OF LAWS RELATING TO NATIONAL SECURITY COUNCIL
AND RELATED BOARDS AND COMMITTEES IN EXECUTIVE
OFFICE OF THE PRESIDENT.
Title I of the National Security Act of 1947 is amended by striking
out the title heading and sections 101 through 107 and inserting in
lieu thereof the following:
``TITLE I--NATIONAL SECURITY COUNCIL AND RELATED BOARDS AND COMMITTEES
``SEC. 101. NATIONAL SECURITY COUNCIL.
``(a) In General.--There is in the Executive Office of the President
the National Security Council. The Council is composed of the
following:
``(1) The President.
``(2) The Vice President.
``(3) The Secretary of State.
``(4) The Secretary of Defense.
``(b) Additional Participants.--Subject to the direction of the
President, the following officers may attend and participate in
meetings of the National Security Council:
``(1) Director of central intelligence.--The Director of
Central Intelligence (or, in the Director's absence, a Deputy
Director of Central Intelligence), in the performance of the
Director's duties under this Act and the Intelligence Community
Act.
``(2) Chairman of the joint chiefs of staff.--The Chairman
(or, in the Chairman's absence, the Vice Chairman) of the Joint
Chiefs of Staff, in the Chairman's role as principal military
adviser to the National Security Council.
``(3) Director of national drug control policy.--The Director
of National Drug Control Policy, in the Director's role as
principal adviser to the National Security Council on national
drug control policy, but only through the date specified in
section 1009 of the National Narcotics Leadership Act of 1988
(21 U.S.C. 1506).
``(4) Others designated by the president.--Such additional
officers as may be designated by the President.
``(c) Functions.--The function of the Council shall be 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 the other departments and agencies of the
Government to cooperate more effectively in matters involving the
national security. In addition to performing such other functions as
the President may direct, the Council (subject to the direction of the
President) shall, for the purpose of more effectively coordinating the
policies and functions of the departments and agencies of the
Government relating to the national security--
``(1) assess and appraise the objectives, commitments, and
risks of the United States in relation to our actual and
potential military power, in the interest of national security,
for the purpose of making recommendations to the President in
connection therewith; and
``(2) consider policies on matters of common interest to the
departments and agencies of the Government concerned with the
national security and make recommendations to the President in
connection therewith.
``(d) Recommendations and Reports.--The Council shall, from time to
time, make such recommendations and such other reports to the President
as it considers appropriate or as the President may require.
``(e) Staff.--The Council shall have a staff to be headed by a
civilian executive secretary who shall be appointed by the President.
The executive secretary, subject to the direction of the Council, may
subject to the civil-service laws, appoint and fix the compensation of
such personnel as may be necessary to perform such duties as may be
prescribed by the Council in connection with the performance of its
functions.
``SEC. 104. BOARD FOR LOW INTENSITY CONFLICT.
``(a) Establishment of Board.--The President shall establish within
the National Security Council a board to be known as the `Board for Low
Intensity Conflict'.
``(b) Function.--The principal function of the board shall be to
coordinate the policies of the United States for low intensity
conflict.
``SEC. 105. NATIONAL COUNTERINTELLIGENCE POLICY BOARD.
``(a) Establishment of Board.--There is within the executive branch
of the Government a National Counterintelligence Policy Board. The
Board shall report to the President through the National Security
Council.
``(b) Function of the Board.--The Board shall serve as the principal
mechanism for--
``(1) developing policies and procedures for the approval of
the President to govern the conduct of counterintelligence
activities; and
``(2) resolving conflicts, as directed by the President,
which may arise between elements of the Government which carry
out such activities.''.
SEC. 502. COMMITTEE ON FOREIGN INTELLIGENCE.
Title I of the National Security Act of 1947, as amended by section
501, is further amended by inserting after section 101 the following
new section 102:
``SEC. 102. COMMITTEE ON FOREIGN INTELLIGENCE.
``(a) Establishment of Committee.--There is established within the
National Security Council a Committee on Foreign Intelligence. The
Committee shall be composed of the following:
``(1) The Assistant to the President for National Security
Affairs, who shall serve as chairman of the Committee.
``(2) The following officers or their respective deputies:
``(A) The Director of Central Intelligence.
``(B) The Secretary of State.
``(C) The Secretary of Defense.
``(D) The Attorney General.
``(E) The Chairman of the Joint Chiefs of Staff.
``(3) Such other members as the President may designate.
``(b) Function.--The function of the Committee on Foreign
Intelligence shall be--
``(1) to establish, consistent with the policy and objectives
of the President, the overall requirements and priorities for
the Intelligence Community; and
``(2) to assess regularly, on behalf of the President, how
effectively the Intelligence Community has performed its
responsibilities under this Act and the Intelligence Community
Act.
``(c) Semiannual Strategic Intelligence Review Process With
Congress.--Not less often than every six months, the Committee on
Foreign Intelligence shall convene a meeting with the members of the
congressional intelligence committees to conduct a comprehensive,
global strategic intelligence review. Each semiannual meeting shall
review significant strategic intelligence trends, strategic
intelligence reporting, and anticipated Intelligence Community
requirements for the following six to twelve months.''.
SEC. 503. TRANSNATIONAL THREATS.
Title I of the National Security Act of 1947, as amended by sections
501 and 502, is further amended by inserting after section 102 the
following new section 103:
``SEC. 103. COMMITTEE ON TRANSNATIONAL THREATS.
``(a) Establishment.--There is established within the National
Security Council a Committee on Transnational Threats. The Committee
shall be composed of the following:
``(1) The Assistant to the President for National Security
Affairs, who shall serve as chairman of the Committee.
``(2) The following officers or their respective deputies:
``(A) The Director of Central Intelligence.
``(B) The Secretary of State.
``(C) The Secretary of Defense.
``(D) The Attorney General.
``(3) Such other members as the President may designate.
``(b) Function.--The function of the Committee on Transnational
Threats shall be to coordinate and direct the activities of the United
States Government relating to combating transnational threats. In
carrying out its function, the Committee shall--
``(1) identify transnational threats;
``(2) develop strategies to enable the United States
Government to respond to transnational threats identified under
paragraph (1);
``(3) monitor implementation of such strategies;
``(4) make recommendations as to appropriate responses to
specific transnational threats;
``(5) assist in the resolution of operational and policy
differences among Federal departments and agencies in their
responses to transnational threats;
``(6) develop policies and procedures to ensure the effective
sharing of information about transnational threats among
Federal departments and agencies, including law enforcement
agencies and the elements of the intelligence community; and
``(7) develop guidelines to enhance and improve the
coordination of Federal law enforcement activities overseas.
``(c) Definition of transnational threat.--For purposes of this
section, the term `transnational threat' means the following:
``(1) Any transnational activity (including international
terrorism, narcotics trafficking, the proliferation of weapons
of mass destruction and the delivery systems for such weapons,
and organized crime) that threatens the national security of
the United States.
``(2) Any individual or group that engages in an activity
referred to in paragraph (1).''.
TITLE VI--TECHNICAL AND CONFORMING AMENDMENTS AND EFFECTIVE DATE
SEC. 601. RESTATEMENT OF NATIONAL SECURITY AGENCY ACT OF 1959.
The National Security Agency Act of 1959 (50 U.S.C. 402 note) is
amended to read as follows:
``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the `National Security
Agency Act of 1959'.
``(b) Table of Contents.--The table of contents for this Act is as
follows:
``Sec. 1. Short title; table of contents.
``Sec. 2. General personnel authorities.
``Sec. 3. Protection of identities of employees.
``Sec. 4. Authority to lease real property outside the United States.
``Sec. 5. Benefits for personnel assigned to special cryptologic
activities outside the United States.
``Sec. 10. Language training for cryptologic personnel.
``Sec. 11. Protection of facilities by General Services Administration.
``Sec. 12. Senior Cryptologic Executive Service.
``Sec. 13. Grants for cryptologic research.
``Sec. 14. Availability of certain appropriations.
``Sec. 15. Protection of agency name from unauthorized use.
``Sec. 16. Recruitment of qualified personnel.
``Sec. 17. Authority to pay certain expenses for employees dying while
on rotational tour of duty in the United States.
``SEC. 2. GENERAL PERSONNEL AUTHORITIES.
``(a) In General.--General personnel authorities of the Secretary of
Defense with respect to the National Security Agency are provided in
chapter 83 of title 10, United States Code.
``(b) Authority for Additional Compensation for Certain Employees.--
Officers and employees of the National Security Agency who are citizens
or nationals of the United States may be granted additional
compensation, in accordance with regulations which shall be prescribed
by the Secretary of Defense, not in excess of additional compensation
authorized by section 5941 of title 5, United States Code, for
employees whose rates of basic compensation are fixed by statute.
``SEC. 3. PROTECTION OF IDENTITIES OF EMPLOYEES.
``Nothing in this Act or any other law shall be construed to require
the disclosure of the organization or any function of the National
Security Agency, of any information with respect to the activities
thereof, or of the names, titles, salaries, or number of the persons
employed by such agency.
``SEC. 4. AUTHORITY TO LEASE REAL PROPERTY OUTSIDE THE UNITED STATES.
``(a) Authority.--Notwithstanding section 322 of the Act of June 30,
1932 (40 U.S.C. 278a), section 5536 of title 5, United States Code, and
section 2675 of title 10, United States Code, the Director of the
National Security Agency, on behalf of the Secretary of Defense, may
lease real property outside the United States, for periods not
exceeding ten years, for the use of the National Security Agency for
special cryptologic activities and for housing for personnel assigned
to such activities.
``(b) Limitation to Appropriated Funds.--The authority of the
Director of the National Security Agency, on behalf of the Secretary of
Defense, to make payments under subsection (a), and under contracts for
leases entered into under subsection (a), is effective for any fiscal
year only to the extent that appropriated funds are available for such
purpose.
``SEC. 5. BENEFITS FOR PERSONNEL ASSIGNED TO SPECIAL CRYPTOLOGIC
ACTIVITIES OUTSIDE THE UNITED STATES.
``(a) Authority To Provide Certain Benefits.--The Director of the
National Security Agency, on behalf of the Secretary of Defense, may
provide to certain civilian and military personnel of the Department of
Defense who are assigned to special cryptologic activities outside the
United States and who are designated by the Secretary of Defense for
the purposes of this subsection the following:
``(1) Allowances and benefits--
``(A) comparable to those provided by the Secretary
of State to members of the Foreign Service under
chapter 9 of title I of the Foreign Service Act of 1980
(22 U.S.C. 4081 et seq.) or any other provision of law;
and
``(B) in the case of selected personnel serving in
circumstances similar to those in which personnel of
the Central Intelligence Agency serve, comparable to
those provided by the Director of Central Intelligence
to personnel of the Central Intelligence Agency.
``(2) Housing (including heat, light, and household
equipment) without cost to such personnel, if the Director of
the National Security Agency, on behalf of the Secretary of
Defense, determines that it would be in the public interest to
provide such housing.
``(3) Special retirement accrual in the same manner provided
in section 303 of the Central Intelligence Agency Retirement
Act (50 U.S.C. 2153) and in section 18 of the Central
Intelligence Agency Act of 1949.
``(b) Limitation to Appropriated Funds.--The authority of the
Director of the National Security Agency, on behalf of the Secretary of
Defense, to make payments under subsection (a) is effective for any
fiscal year only to the extent that appropriated funds are available
for such purpose.
``(c) Prohibition of Duplication of Benefits.--Members of the Armed
Forces may not receive benefits under both subsection (a)(1) and under
title 37, United States Code, for the same purpose. The Secretary of
Defense shall prescribe such regulations as may be necessary to carry
out this subsection.
``(d) Regulations.--Regulations prescribed under subsection (a)(1)
shall be submitted to the Permanent Select Committee on Intelligence of
the House of Representatives and the Select Committee on Intelligence
of the Senate before such regulations take effect.
``SEC. 10. LANGUAGE TRAINING FOR CRYPTOLOGIC PERSONNEL.
``(a) Language Training Programs.--The Director of the National
Security Agency shall arrange for, and shall prescribe regulations
concerning, language and language-related training programs for
military and civilian cryptologic personnel. In establishing programs
under this section for language and language-related training, the
Director--
``(1) may provide for the training and instruction to be
furnished, including functional and geographic area
specializations;
``(2) may arrange for training and instruction through other
Government agencies and, in any case in which appropriate
training or instruction is unavailable through Government
facilities, through nongovernmental facilities that furnish
training and instruction useful in the fields of language and
foreign affairs;
``(3) may support programs that furnish necessary language
and language-related skills, including, in any case in which
appropriate programs are unavailable at Government facilities,
support through contracts, grants, or cooperation with
nongovernmental educational institutions; and
``(4) may obtain by appointment or contract the services of
individuals to serve as language instructors, linguists, or
special language project personnel.
``(b) Foreign Language Proficiency Incentives.--(1) In order to
maintain necessary capability in foreign language skills and related
abilities needed by the National Security Agency, the Director, without
regard to subchapter IV of chapter 55 of title 5, United States Code,
may provide special monetary or other incentives to encourage civilian
cryptologic personnel of the Agency to acquire or retain proficiency in
foreign languages or special related abilities needed by the Agency.
``(2) In order to provide linguistic training and support for
cryptologic personnel, the Director--
``(A) may pay all or part of the tuition and other expenses
related to the training of personnel who are assigned or
detailed for language and language-related training,
orientation, or instruction; and
``(B) may pay benefits and allowances to civilian personnel
in accordance with chapters 57 and 59 of title 5, United States
Code, and to military personnel in accordance with chapter 7 of
title 37, United States Code, and applicable provisions of
title 10, United States Code, when such personnel are assigned
to training at sites away from their designated duty station.
``(c) Cryptologic Linguist Reserve.--(1) To the extent not
inconsistent, in the opinion of the Secretary of Defense, with the
operation of military cryptologic reserve units and in order to
maintain necessary capability in foreign language skills and related
abilities needed by the National Security Agency, the Director may
establish a Cryptologic Linguist Reserve.
``(2) The Cryptologic Linguist Reserve may consist of former or
retired civilian or military cryptologic personnel of the National
Security Agency and of other qualified individuals, as determined by
the Director of the Agency. Each member of the Cryptologic Linguist
Reserve shall agree that, during any period of emergency (as determined
by the Director), the member shall return to active civilian status
with the National Security Agency and shall perform such linguistic or
linguistic-related duties as the Director may assign.
``(3) In order to attract individuals to become members of the
Cryptologic Linguist Reserve, the Director, without regard to
subchapter IV of chapter 55 of title 5, United States Code, may provide
special monetary incentives to individuals eligible to become members
of the reserve who agree to become members of the cryptologic linguist
reserve and to acquire or retain proficiency in foreign languages or
special related abilities.
``(4) In order to provide training and support for members of the
Cryptologic Linguist Reserve, the Director--
``(A) may pay all or part of the tuition and other expenses
related to the training of individuals in the Cryptologic
Linguist Reserve who are assigned or detailed for language and
language-related training, orientation, or instruction; and
``(B) may pay benefits and allowances in accordance with
chapters 57 and 59 of title 5, United States Code, to
individuals in the Cryptologic Linguist Reserve who are
assigned to training at sites away from their homes or regular
places of business.
``(d) Service Agreements.--(1) The Director, before providing
training under this section to any individual, may obtain an agreement
with that individual that--
``(A) in the case of current employees, pertains to
continuation of service of the employee, and repayment of the
expenses of such training for failure to fulfill the agreement,
consistent with the provisions of section 4108 of title 5,
United States Code; and
``(B) in the case of individuals accepted for membership in
the Cryptologic Linguist Reserve, pertains to return to service
when requested, and repayment of the expenses of such training
for failure to fulfill the agreement, consistent with the
provisions of section 4108 of title 5, United States Code.
``(2) The Director, under regulations prescribed under this section,
may waive, in whole or in part, a right of recovery under an agreement
made under this subsection if it is shown that the recovery would be
against equity and good conscience or against the public interest.
``(e) Language Training for Family Members.--(1) Subject to paragraph
(2), the Director may provide to family members of military and
civilian cryptologic personnel assigned to representational duties
outside the United States, in anticipation of the assignment of such
personnel outside the United States or while outside the United States,
appropriate orientation and language training that is directly related
to the assignment abroad.
``(2) Language training under paragraph (1) may not be provided to
any individual through payment of the expenses of tuition or other cost
of instruction at a non-Government educational institution unless
appropriate instruction is not available at a Government facility.
``(f) Waiver Authority.--The Director may waive the applicability of
any provision of chapter 41 of title 5, United States Code, to any
provision of this section if he finds that such waiver is important to
the performance of cryptologic functions.
``(g) Limitation to Appropriated Funds.--The authority of the
Director to enter into contracts or to make grants under this section
is effective for any fiscal year only to the extent that appropriated
funds are available for such purpose.
``(h) Regulations.--Regulations prescribed under this section shall
be submitted to the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on Intelligence of
the Senate before such regulations take effect.
``(i) Travel and Transportation Expenses in Connection With Training
Outside the United States.--The Director of the National Security
Agency, on behalf of the Secretary of Defense, may, without regard to
section 4109(a)(2)(B) of title 5, United States Code, pay travel,
transportation, storage, and subsistence expenses under chapter 57 of
such title to civilian and military personnel of the Department of
Defense who are assigned to duty outside the United States for a period
of one year or longer which involves cryptologic training, language
training, or related disciplines.
``SEC. 11. PROTECTION OF FACILITIES BY GENERAL SERVICES ADMINISTRATION.
``The Administrator of General Services, upon the application of the
Director of the National Security Agency, may provide for the
protection in accordance with section 3 of the Act of June 1, 1948 (40
U.S.C. 318b), of certain facilities (as designated by the Director of
such Agency) which are under the administration and control of, or are
used by, the National Security Agency in the same manner as if such
facilities were property of the United States over which the United
States has acquired exclusive or concurrent criminal jurisdiction.
``SEC. 12. SENIOR CRYPTOLOGIC EXECUTIVE SERVICE.
``(a) Authority To Establish SCES.--(1) The Secretary of Defense (or
his designee) may by regulation establish a personnel system for senior
civilian cryptologic personnel in the National Security Agency to be
known as the Senior Cryptologic Executive Service. The regulations
establishing the Senior Cryptologic Executive Service shall do the
following:
``(A) Meet the requirements set forth in section 3131 of
title 5, United States Code, for the Senior Executive Service.
``(B) Provide that positions in the Senior Cryptologic
Executive Service meet requirements that are consistent with
the provisions of section 3132(a)(2) of such title.
``(C) Provide, without regard to section 2, rates of pay for
the Senior Cryptologic Executive Service that are not in excess
of the maximum rate or less than the minimum rate of basic pay
established for the Senior Executive Service under section 5382
of such title, and that are adjusted at the same time and to
the same extent as rates of basic pay for the Senior Executive
Service are adjusted.
``(D) Provide a performance appraisal system for the Senior
Cryptologic Executive Service that conforms to the provisions
of subchapter II of chapter 43 of such title.
``(E) Provide for removal consistent with section 3592 of
such title, and removal or suspension consistent with
subsections (a), (b), and (c) of section 7543 of such title
(except that any hearing or appeal to which a member of the
Senior Cryptologic Executive Service is entitled shall be held
or decided pursuant to procedures established by regulations of
the Secretary of Defense).
``(F) Permit the payment of performance awards to members of
the Senior Cryptologic Executive Service consistent with the
provisions applicable to performance awards under section 5384
of such title.
``(G) Provide that members of the Senior Cryptologic
Executive Service may be granted sabbatical leaves consistent
with the provisions of section 3396(c) of such title.
``(H) Provide for the recertification of members of the
Senior Cryptologic Executive Service consistent with the
provisions of section 3393a of such title.
``(2) Except as otherwise provided in paragraph (1), the Secretary of
Defense may--
``(A) make applicable to the Senior Cryptologic Executive
Service any of the provisions of title 5, United States Code,
applicable to applicants for or members of the Senior Executive
Service; and
``(B) appoint, promote, and assign individuals to positions
established within the Senior Cryptologic Executive Service
without regard to the provisions of title 5, United States
Code, governing appointments and other personnel actions in the
competitive service.
``(3) The President, based on the recommendations of the Secretary of
Defense, may award ranks to members of the Senior Cryptologic Executive
Service in a manner consistent with the provisions of section 4507 of
title 5, United States Code.
``(4) Notwithstanding any other provision of this section, the
Director of the National Security Agency may detail or assign any
member of the Senior Cryptologic Executive Service to serve in a
position outside the National Security Agency in which the member's
expertise and experience may be of benefit to the National Security
Agency or another Government agency. Any such member shall not by
reason of such detail or assignment lose any entitlement or status
associated with membership in the Senior Cryptologic Executive Service.
``(b) Merit Pay System.--The Secretary of Defense may by regulation
establish a merit pay system for such employees of the National
Security Agency as the Secretary of Defense considers appropriate. The
merit pay system shall be designed to carry out purposes consistent
with those set forth in section 5401(a) of title 5, United States Code.
``(c) Limitation on Total Compensation.--Nothing in this section
shall be construed to allow the aggregate amount payable to a member of
the Senior Cryptologic Executive Service under this section during any
fiscal year to exceed the annual rate payable for positions at level I
of the Executive Schedule in effect at the end of such year.
``SEC. 13. GRANTS FOR CRYPTOLOGIC RESEARCH.
``(a) Grant Authority.--The Director of the National Security Agency
may make grants to private individuals and institutions for the conduct
of cryptologic research. An application for a grant under this section
may not be approved unless the Director determines that the award of
the grant would be clearly consistent with the national security.
``(b) Applicable Law.--The grant program established by subsection
(a) shall be conducted in accordance with the Federal Grant and
Cooperative Agreement Act of 1977 (41 U.S.C. 501 et seq.) to the extent
that such Act is consistent with and in accordance with section 6 of
this Act.
``(c) Limitation to Appropriated Funds.--The authority of the
Director to make grants under this section is effective for any fiscal
year only to the extent that appropriated funds are available for such
purpose.
``SEC. 14. AVAILABILITY OF CERTAIN APPROPRIATIONS.
``Funds appropriated to an entity of the Federal Government other
than an element of the Department of Defense that have been
specifically appropriated for the purchase of cryptologic equipment,
materials, or services with respect to which the National Security
Agency has been designated as the central source of procurement for the
Government shall remain available for a period of three fiscal years.
``SEC. 15. PROTECTION OF AGENCY NAME FROM UNAUTHORIZED USE.
``(a) Prohibition on Unauthorized Use.--No person may, except with
the written permission of the Director of the National Security Agency,
knowingly use the words `National Security Agency', the initials `NSA',
the seal of the National Security Agency, or any colorable imitation of
such words, initials, or seal in connection with any merchandise,
impersonation, solicitation, or commercial activity in a manner
reasonably calculated to convey the impression that such use is
approved, endorsed, or authorized by the National Security Agency.
``(b) Enforcement.--Whenever it appears to the Attorney General that
any person is engaged or is about to engage in an act or practice which
constitutes or will constitute conduct prohibited by subsection (a),
the Attorney General may initiate a civil proceeding in a district
court of the United States to enjoin such act or practice. Such court
shall proceed as soon as practicable to the hearing and determination
of such action and may, at any time before final determination, enter
such restraining orders or prohibitions, or take such other action as
is warranted, to prevent injury to the United States or to any person
or class of persons for whose protection the action is brought.
``SEC. 16. RECRUITMENT OF QUALIFIED PERSONNEL.
``(a) Purpose.--The purpose of this section is to establish an
undergraduate training program, which may lead to the baccalaureate
degree, to facilitate the recruitment of individuals, particularly
minority high school students, with a demonstrated capability to
develop skills critical to the mission of the National Security Agency,
including mathematics, computer science, engineering, and foreign
languages.
``(b) Assignment of Civilian Employees.--The Secretary of Defense
may, in the Secretary's discretion, assign civilian employees of the
National Security Agency as students at accredited professional,
technical, and other institutions of higher learning for training at
the undergraduate level in skills critical to effective performance of
the mission of the Agency.
``(c) Limitation to Appropriated Funds.--The National Security Agency
may pay, directly or by reimbursement to employees, expenses incident
to assignments under subsection (b), in any fiscal year only to the
extent that appropriated funds are available for such purpose.
``(d) Employee Agreement.--(1) To be eligible for assignment under
subsection (b), an employee of the Agency must agree in writing to the
following:
``(A) To continue in the service of the Agency for the period
of the assignment and to complete the educational course of
training for which the employee is assigned.
``(B) To continue in the service of the Agency following
completion of the assignment for a period of one-and-a-half
years for each year of the assignment or part thereof.
``(C) To reimburse the United States for the total cost of
education (excluding the employee's pay and allowances)
provided under this section to the employee if, before the