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104th Congress                                            Rept. 104-620
                        HOUSE OF REPRESENTATIVES

 2d Session                                                      Part 2
_______________________________________________________________________


 
                      INTELLIGENCE COMMUNITY ACT

                               __________

                              R E P O R T

                                 of the

                     COMMITTEE ON NATIONAL SECURITY
                        HOUSE OF REPRESENTATIVES

                                   on

                               H.R. 3237

      [Including cost estimate of the Congressional Budget Office]

<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>

                 July 23, 1996.--Ordered to be printed


                  HOUSE COMMITTEE ON NATIONAL SECURITY

    One Hundred Fourth Congress

 FLOYD D. SPENCE, South Carolina, 
             Chairman
RONALD V. DELLUMS, California        BOB STUMP, Arizona
G.V. (SONNY) MONTGOMERY, Mississippi DUNCAN HUNTER, California
PATRICIA SCHROEDER, Colorado         JOHN R. KASICH, Ohio
IKE SKELTON, Missouri                HERBERT H. BATEMAN, Virginia
NORMAN SISISKY, Virginia             JAMES V. HANSEN, Utah
JOHN M. SPRATT, Jr., South Carolina  CURT WELDON, Pennsylvania
SOLOMON P. ORTIZ, Texas              ROBERT K. DORNAN, California
OWEN PICKETT, Virginia               JOEL HEFLEY, Colorado
LANE EVANS, Illinois                 JIM SAXTON, New Jersey
JOHN TANNER, Tennessee               RANDY ``DUKE'' CUNNINGHAM, 
GLEN BROWDER, Alabama                California
GENE TAYLOR, Mississippi             STEVE BUYER, Indiana
NEIL ABERCROMBIE, Hawaii             PETER G. TORKILDSEN, Massachusetts
CHET EDWARDS, Texas                  TILLIE K. FOWLER, Florida
FRANK TEJEDA, Texas                  JOHN M. McHUGH, New York
MARTIN T. MEEHAN, Massachusetts      JAMES TALENT, Missouri
ROBERT A. UNDERWOOD, Guam            TERRY EVERETT, Alabama
JANE HARMAN, California              ROSCOE G. BARTLETT, Maryland
PAUL McHALE, Pennsylvania            HOWARD ``BUCK'' McKEON, California
PETE GEREN, Texas                    RON LEWIS, Kentucky
PETE PETERSON, Florida               J.C. WATTS, Jr., Oklahoma
WILLIAM J. JEFFERSON, Louisiana      MAC THORNBERRY, Texas
ROSA L. DeLAURO, Connecticut         JOHN N. HOSTETTLER, Indiana
MIKE WARD, Kentucky                  SAXBY CHAMBLISS, Georgia
PATRICK J. KENNEDY, Rhode Island     VAN HILLEARY, Tennessee
                                     JOE SCARBOROUGH, Florida
                                     WALTER B. JONES, Jr., North 
                                     Carolina
                                     JAMES B. LONGLEY, Jr., Maine
                                     TODD TIAHRT, Kansas
                                     RICHARD ``DOC'' HASTINGS, 
                                     Washington
  Andrew K. Ellis, Staff Director


104th Congress                                            Rept. 104-620
                        HOUSE OF REPRESENTATIVES

 2d Session                                                      Part 2
_______________________________________________________________________


                       INTELLIGENCE COMMUNITY ACT

                                _______
                                

 July 23, 1996.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Spence, from the Committee on National Security, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3237]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on National Security, 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 an amendment and recommend that the bill as amended do 
pass.
  The amendment is 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--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--National Imagery and Mapping Agency
Subtitle D--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.

                       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. Transfer of funds or personnel within the National Foreign 
Intelligence Program.
Sec. 224. Limitation on reprogramming.

                         Subtitle C--Personnel

Sec. 231. Use of personnel.
Sec. 232. Authority to terminate employment of certain employees.
Sec. 233. Study of an Intelligence Community Reserve and an 
Infrastructure Support Office.

           Subtitle D--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. Report on human intelligence collection activities.

        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. Conduct of Defense intelligence activities.
Sec. 408. Signals intelligence activities.
Sec. 409. Imagery collection, processing, and exploitation.
Sec. 410. Overhead reconnaissance systems.
Sec. 411. Defense Intelligence Agency.
Sec. 412. Military departments.
Sec. 413. Use of elements of Department of Defense.
Sec. 414. Consultations regarding appointment of certain intelligence 
officials.

             Subtitle B--Director of Military Intelligence

Sec. 421. Report on the establishment of a Director of Military 
Intelligence.

            Subtitle C--National Imagery and Mapping Agency

                    Part I--Establishment of Agency

Sec. 431. Establishment.
Sec. 432. Missions and authority.
Sec. 433. Transfers of personnel and assets.
Sec. 434. Compatibility with authority under the Intelligence Community 
Act.
Sec. 435. National mission of National Imagery and Mapping Agency.
Sec. 436. Creditable civilian service for career conditional employees 
of the Defense Mapping Agency.
Sec. 437. Saving provisions.
Sec. 438. Definitions.

           Part II--Conforming Amendments and Effective Date

Sec. 441. Redesignation and repeals.
Sec. 442. Reference amendments.
Sec. 443. Headings and clerical amendments.
Sec. 444. Effective date.

           Subtitle D--Civilian Intelligence Personnel Policy

Sec. 481. Management of civilian intelligence personnel.
Sec. 482. Repeal of superseded sections and clerical and conforming 
amendments.
Sec. 483. Other personnel management authorities.

  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 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.
  (b) Purposes.--The purposes of this Act are--
          (1) to provide a framework for the improved management of 
        United States intelligence activities at all levels and within 
        all intelligence disciplines; and
          (2) to provide an institutional structure that will continue 
        to ensure that the Intelligence Community serves the needs of 
        Government consumers in an effective and timely manner.

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 approve collection 
requirements, determine collection priorities, and resolve conflicts in 
collection priorities levied on national collection assets, except as 
otherwise agreed with the Secretary of Defense pursuant to the 
direction of the President.

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) Performing community-wide coordination functions, 
        including the coordination of resources and requirements.
          (3) Coordinating 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 otherwise authorized by law; 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.

                 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 National Imagery and Mapping Agency.
          (9) The intelligence elements of the Army, the Navy, the Air 
        Force, the Marine Corps, and the Coast Guard.
          (10) The intelligence elements of the Federal Bureau of 
        Investigation, the Department of the Treasury, the Department 
        of Energy, and the Drug Enforcement Administration.
          (11) The Bureau of Intelligence and Research of the 
        Department of State.
          (12) Such other elements of any other department or agency as 
        may be designated by the President, or designated jointly by 
        the Director of Central Intelligence and the head of the 
        department or agency concerned, as an element of 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.

  The Deputy Director of Central Intelligence for Community Management, 
acting through the Community Management Staff, shall provide direction 
for 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.
          (4) Identification and review of intelligence gaps and 
        shortfalls.

           Subtitle B--National Foreign Intelligence Program

SEC. 221. BUDGETS.

  (a) Preparation.--The Deputy Director of Central Intelligence for 
Community Management shall provide guidance to elements of the 
intelligence community for the preparation of their annual budgets for 
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 National Foreign Intelligence Program 
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 National Foreign Intelligence Program 
elements of the Intelligence Community and shall have the authority to 
recommend to the comptroller of the agency involved that authorized and 
appropriated intelligence funds be withheld in those instances in which 
elements of the Intelligence Community within the agency involved 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. 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;
          (4) the transfer does not involve a transfer of funds or 
        personnel from the Federal Bureau of Investigation; and
          (5) the Secretary or head of the department which contains 
        the affected element or elements of the intelligence community 
        does not object to such transfer.
  (c) Availability of Transferred Funds.--Funds transferred under this 
section 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. 224. 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, and subject to the concurrence of the Secretary of Defense 
when employees of the Department of Defense are affected, 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 whenever the Director 
considers such termination to be necessary or advisable in the 
interests of the United States. In the case of an officer or employee 
who is assigned or detailed to the Community Management Staff from a 
department or agency other than the Central Intelligence Agency, the 
Director may, in the Director's discretion, discontinue the assignment 
or detail of such officer or employee to the Community Management Staff 
and may recommend to the head of such department or agency that the 
employment of such officer or employee be terminated.
  (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. STUDY OF AN INTELLIGENCE COMMUNITY RESERVE AND AN 
                    INFRASTRUCTURE SUPPORT OFFICE.

  (a) Study.--The Director of Central Intelligence, in consultation 
with appropriate agency heads, shall study the feasibilty of 
establishing an Intelligence Community Reserve and an Infrastructure 
Support Office.
  (b) Matters To Be Included in Study With Respect to Intelligence 
Community Reserve.--The study under this section shall address the 
following matters with respect to establishment of an Intelligence 
Community Reserve:
          (1) The criteria for membership of the Reserve, especially 
        among former and retired employees of elements of the 
        Intelligence Community.
          (2) Monetary incentives that would be appropriate or 
        necessary to attract individuals to become members of the 
        Reserve.
          (3) Programs and authorities that would be required in order 
        to provide training and support for members of the Reserve.
          (4) Whether service agreements should be offered or required 
        for members of the Reserve or as a condition of providing 
        training to a member of the Reserve.
          (5) Any changes in law that may be required in order to 
        implement the Reserve.
  (c) Matters To Be Included in Study With Respect to Intelligence 
Community Reserve.--The study under this section shall address the 
following matters with respect to establishment of an Infrastructure 
Support Office to be responsible for administrative and logistical 
functions relating to infrastructure and services of common concern to 
elements of the Intelligence Community:
          (1) Personnel management.
          (2) Security.
          (3) Community-level training.
          (4) Communications.
          (5) Automation.
          (6) Such additional functions as the Director considers 
        appropriate.

           Subtitle D--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 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) Coordinating 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.
                  (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) Performing such other functions as the Director 
                of Central Intelligence may direct.

SEC. 304. REPORT ON HUMAN INTELLIGENCE COLLECTION ACTIVITIES.

  Not later than 90 days after the date of the enactment of this Act, 
the Director of Central Intelligence and the Deputy Secretary of 
Defense shall jointly submit to the Committee on Armed Services and the 
Select Committee on Intelligence of the Senate and the Committee on 
National Security and the Permanent Select Committee on Intelligence of 
the House of Representatives a report on the ongoing efforts of those 
officials to achieve commonality, interoperability, and, where 
practicable, consolidation of the collection of clandestine 
intelligence from human sources conducted by the Defense Human 
Intelligence Service of the Department of Defense and the Directorate 
of Operations of the Central Intelligence Agency.

        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. Such appointments 
shall be made in consultation with the Secretary of Defense. 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 Deputy 
Secretary of Defense.

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 jointly conduct a study 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) Implementation of the National Imagery and Mapping 
        Agency, including an evaluation of its effectiveness and 
        possible synergies that could be gained by assessing the 
        potential consolidation of other collection activities. These 
        other collection activities should include--
                  (A) signals intelligence (SIGINT) 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; and
                  (D) development of processing and exploitation 
                technologies to support these functions.
          (2) The joint study should include an evaluation of the 
        feasibility and efficacy of consolidating the following 
        functions, which should include--
                  (A) 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;
                  (B) the operation and final disposition of such 
                systems;
                  (C) 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
                  (D) 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.
  (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 
        possible additional consolidations as well as the costs and 
        benefits of maintaining the current system; and
          (3) examine such possible consolidations 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, in 
        consultation with the Secretary of Defense, 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 and the 
Secretary of Defense, who shall forward the report to the President, 
the congressional intelligence committees, the Committee on Armed 
Services of the Senate, and the Committee on National Security of the 
House of Representatives.

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) wherever such elements are performing Government-wide 
        functions, 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.

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. 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. DEFENSE INTELLIGENCE AGENCY.

  The Secretary of Defense shall ensure--
          (1) through the Defense Intelligence Agency (except as 
        otherwise directed by the President or the National Security 
        Council), the continued operation of an effective unified 
        system within the Department of Defense for the production of 
        timely, objective military and military-related intelligence, 
        based upon all sources available to the intelligence community, 
        and shall ensure the appropriate dissemination of such 
        intelligence to authorized recipients; and
          (2) through the Defense Intelligence Agency (except as 
        otherwise directed by the President or the National Security 
        Council), effective management of Department of Defense human 
        intelligence activities, including defense attaches; and

SEC. 412. MILITARY DEPARTMENTS.

  The Secretary of Defense shall ensure that the military departments 
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;
          (3) the requirements of the unified and specified combatant 
        commands and of joint operations; and
          (4) the specialized requirements of the military departments 
        for intelligence necessary to support tactical commanders, 
        military planners, the research and development process, the 
        acquisition of military equipment, and training and doctrine.

SEC. 413. 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. 414. 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

  ``Before submitting a recommendation to the President regarding the 
appointment of an individual to the position of Director of the 
National Security Agency, Director of the Defense Intelligence Agency, 
Director of the National Reconnaissance Office, or Director of the 
National Imagery and Mapping Agency, the Secretary of Defense shall 
consult with the Director of Central Intelligence regarding the 
recommendation.''.
  (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. REPORT ON THE ESTABLISHMENT OF A DIRECTOR OF MILITARY 
                    INTELLIGENCE.

  (a) Report Required.--Not later than April 15, 1997, the Secretary of 
Defense shall submit to the congressional committees named in 
subsection (b) a report on the day-to-day coordination role of the 
intelligence activities of the military intelligence community 
performed by the Director of the Defense Intelligence Agency, as 
chairman of the Military Intelligence Board. The report shall assess 
the feasibility of formally establishing the Director of the Defense 
Intelligence Agency as the Director of Military Intelligence, with 
clear preservation of civilian oversight responsibilities.
  (b) Committees.--The committees referred to in subsection (a) are--
          (1) the Committee on Armed Services and the Select Committee 
        on Intelligence of the Senate; and
          (2) the Committee on National Security and the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives.

            Subtitle C--National Imagery and Mapping Agency

                    PART I--ESTABLISHMENT OF AGENCY

SEC. 431. ESTABLISHMENT.

  (a) Establishment.--There is hereby established in the Department of 
Defense a Defense Agency to be known as the National Imagery and 
Mapping Agency.
  (b) Transfer of Functions From Department of Defense Entities.--The 
missions and functions of the following elements of the Department of 
Defense are transferred to the National Imagery and Mapping Agency:
          (1) The Defense Mapping Agency.
          (2) The Central Imagery Office.
          (3) Other elements of the Department of Defense as specified 
        in the classified annex to this Act.
  (c) Transfer of Functions From Central Intelligence Agency.--The 
missions and functions of the following elements of the Central 
Intelligence Agency are transferred to the National Imagery and Mapping 
Agency:
          (1) The National Photographic Interpretation Center.
          (2) Other elements of the Central Intelligence Agency as 
        specified in the classified annex to this Act.

SEC. 432. MISSIONS AND AUTHORITY.

  (a) Agency Charter.--Part I of subtitle A of title 10, United States 
Code, is amended--
          (1) by redesignating chapter 22 as chapter 23; and
          (2) by inserting after chapter 21 the following new chapter 
        22:

           ``CHAPTER 22--NATIONAL IMAGERY AND MAPPING AGENCY

``Subchapter                                                       Sec.
``I. Missions and Authority.................................        441
``II. Maps, Charts, and Geodetic Products...................        451
``III. Personnel Management.................................        461
``IV. Definitions...........................................        467

                 ``SUBCHAPTER I--MISSIONS AND AUTHORITY

``Sec.
``441. Establishment.
``442. Missions.
``443. Imagery intelligence and geospatial information: support for 
foreign countries.
``444. Support from Central Intelligence Agency.
``445. Protection of agency identifications and organizational 
information.

``Sec. 441. Establishment

  ``(a) Establishment.--The National Imagery and Mapping Agency is a 
combat support agency of the Department of Defense and has significant 
national missions.
  ``(b) Director.--(1) The Director of the National Imagery and Mapping 
Agency is the head of the agency. The Director carries out the 
Director's functions subject to the authority, direction, and control 
of the Secretary of Defense.
  ``(2) If an officer of the armed forces on active duty is appointed 
to the position of Director, the position shall be treated as having 
been designated by the President as a position of importance and 
responsibility for purposes of section 601 of this title and shall 
carry the grade of lieutenant general, or, in the case of an officer of 
the Navy, vice admiral.
  ``(c) Director of Central Intelligence Collection Tasking 
Authority.--Unless otherwise directed by the President, the Director of 
Central Intelligence may (except as otherwise agreed by the Director 
and the Secretary of Defense)--
          ``(1) approve collection requirements levied on national 
        imagery collection assets;
          ``(2) determine priorities for such requirements; and
          ``(3) resolve conflicts in such priorities.

``Sec. 442. Missions

  ``(a) National Security Missions.--(1) The Director of the National 
Imagery and Mapping Agency shall, in support of the national security 
objectives of the United States, provide the following:
          ``(A) Imagery.
          ``(B) Imagery intelligence.
          ``(C) Geospatial information.
  ``(2) In carrying out paragraph (1), the Director shall ensure that 
the information and intelligence provided is timely, relevant, and 
accurate.
  ``(b) Navigation Information.--The Director of the National Imagery 
and Mapping Agency shall improve means of navigating vessels of the 
Navy and the merchant marine by providing, under the authority of the 
Secretary of Defense, accurate and inexpensive nautical charts, sailing 
directions, books on navigation, and manuals of instructions for the 
use of all vessels of the United States and of navigators generally.
  ``(c) Maps, Charts, Etc.--The Director of the National Imagery and 
Mapping Agency shall prepare and distribute maps, charts, books, and 
geodetic products as authorized under subchapter II of this chapter.
  ``(d) National Missions.--The National Imagery and Mapping Agency 
also has national missions as specified in section 120(a) of the 
National Security Act of 1947.
  ``(e) Systems.--The Director of the Agency may, in furtherance of a 
mission of the Agency, design, develop, deploy, operate, and maintain 
systems related to the processing and dissemination of imagery 
intelligence and geospatial information that may be transferred to, 
accepted or used by, or used on behalf of--
          ``(1) the armed forces, including any combatant command, 
        component of a combatant command, joint task force, or tactical 
        unit; or
          ``(2) any other department or agency of the United States.

``Sec. 443. Imagery intelligence and geospatial information: support 
                    for foreign countries

  ``(a) Use of Appropriated Funds.--The Director of the National 
Imagery and Mapping Agency may use appropriated funds available to that 
Agency to provide foreign countries with imagery intelligence and 
geospatial information support.
  ``(b) Funds Other Than Appropriated Funds.--The Director may use 
funds other than appropriated funds to provide foreign countries with 
imagery intelligence and geospatial information support, 
notwithstanding provisions of law relating to the expenditure of funds 
of the United States, except that--
          ``(1) no such funds may be expended, in whole or in part, by 
        or for the benefit of the National Imagery and Mapping Agency 
        for a purpose for which Congress had previously denied funds.
          ``(2) proceeds from the sale of imagery intelligence or 
        geospatial information items may be used only to purchase 
        replacement items similar to the items that are sold; and
          ``(3) the authority provided by this subsection may not be 
        used to acquire items or services for the principal benefit of 
        the United States.
  ``(c) Accommodation Procurements.--The authority under this section 
may be exercised to conduct accommodation procurements on behalf of 
foreign countries.
  ``(d) Coordination With Director of Central Intelligence.--The 
Director of the Agency shall coordinate with the Director of Central 
Intelligence any action under this section that involves imagery 
intelligence or intelligence products or involves providing support to 
an intelligence or security service of a foreign country.

``Sec. 444. Support from Central Intelligence Agency

  ``(a) Support Authorized.--The Director of Central Intelligence may 
provide support in accordance with this section to the Director of the 
National Imagery and Mapping Agency. The Director of the National 
Imagery and Mapping Agency may accept support provided under this 
section.
  ``(b) Administrative and Contract Services.--(1) In furtherance of 
the national intelligence effort, the Director of Central Intelligence 
may provide administrative and contract services to the National 
Imagery and Mapping Agency as if that agency were an organizational 
element of the Central Intelligence Agency.
  ``(2) Services provided under paragraph (1) may include the services 
of security police. For purposes of section 15 of the Central 
Intelligence Agency Act of 1949 (50 U.S.C. 403o), an installation of 
the National Imagery and Mapping Agency that is provided security 
police services under this section shall be considered an installation 
of the Central Intelligence Agency.
  ``(3) Support provided under this subsection shall be provided under 
terms and conditions agreed upon by the Secretary of Defense and the 
Director of Central Intelligence.
  ``(c) Detail of Personnel.--The Director of Central Intelligence may 
detail personnel of the Central Intelligence Agency indefinitely to the 
National Imagery and Mapping Agency without regard to any limitation on 
the duration of interagency details of Federal Government personnel.
  ``(d) Reimbursable or Nonreimbursable Support.--Support under this 
section may be provided and accepted on either a reimbursable basis or 
a nonreimbursable basis.
  ``(e) Authority To Transfer Funds.--(1) The Director of the National 
Imagery and Mapping Agency may transfer funds available for that agency 
to the Director of Central Intelligence for the Central Intelligence 
Agency.
  ``(2) The Director of Central Intelligence--
          ``(A) may accept funds transferred under paragraph (1); and
          ``(B) shall expend such funds, in accordance with the Central 
        Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), to 
        provide administrative and contract services or detail 
        personnel to the National Imagery and Mapping Agency under this 
        section.

``Sec. 445. Protection of agency identifications and organizational 
                    information

  ``(a) Unauthorized Use of Agency Name, Initials, or Seal.--(1) Except 
with the written permission of the Secretary of Defense, no person may 
knowingly use, in connection with any merchandise, retail product, 
impersonation, solicitation, or commercial activity in a manner 
reasonably calculated to convey the impression that such use is 
approved, endorsed, or authorized by the Secretary of Defense, any of 
the following:
          ``(A) The words `National Imagery and Mapping Agency', the 
        initials `NIMA', or the seal of the National Imagery and 
        Mapping Agency.
          ``(B) The words `Defense Mapping Agency', the initials `DMA', 
        or the seal of the Defense Mapping Agency.
          ``(C) Any colorable imitation of such words, initials, or 
        seals.
  ``(2) Whenever it appears to the Attorney General that any person is 
engaged or about to engage in an act or practice which constitutes or 
will constitute conduct prohibited by paragraph (1), 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 a hearing and determination of such action 
and may, at any time before such 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.
  ``(b) Protection of Organizational Information.--Notwithstanding any 
other provision of law, the Director of the National Imagery and 
Mapping Agency is not required to disclose the organization of the 
agency, any function of the agency, any information with respect to the 
activities of the agency, or the names, titles, salaries, or number of 
the persons employed by the agency. This subsection does not apply to 
disclosures of information to Congress.

          ``SUBCHAPTER II--MAPS, CHARTS, AND GEODETIC PRODUCTS

``Sec.
``451. Maps, charts, and books.
``452. Pilot charts.
``453. Prices of maps, charts, and navigational publications.
``454. Exchange of mapping, charting, and geodetic data with foreign 
countries and international organizations
``455. Maps, charts, and geodetic data: public availability; 
exceptions.
``456. Civil actions barred.

                 ``SUBCHAPTER III--PERSONNEL MANAGEMENT

``Sec.
``461. Management rights.

``Sec. 461. Management rights

  ``(a) Scope.--If there is no obligation under the provisions of 
chapter 71 of title 5 for the head of an agency of the United States to 
consult or negotiate with a labor organization on a particular matter 
by reason of that matter being covered by a provision of law or a 
Governmentwide regulation, the Director of the National Imagery and 
Mapping Agency is not obligated to consult or negotiate with a labor 
organization on that matter even if that provision of law or regulation 
is inapplicable to the National Imagery and Mapping Agency.
  ``(b) Bargaining Units.--The National Imagery and Mapping Agency 
shall accord exclusive recognition to a labor organization under 
section 7111 of title 5 only for a bargaining unit that was recognized 
as appropriate for the Defense Mapping Agency on the day before the 
date on which employees and positions of the Defense Mapping Agency in 
that bargaining unit became employees and positions of the National 
Imagery and Mapping Agency under the Intelligence Community Act.
  ``(c) Termination of Bargaining Unit Coverage of Position Modified To 
Affect National Security Directly.--(1) If the Director of the National 
Imagery and Mapping Agency determines that the responsibilities of a 
position within a collective bargaining unit should be modified to 
include intelligence, counterintelligence, investigative, or security 
duties not previously assigned to that position and that the 
performance of the newly assigned duties directly affects the national 
security of the United States, then, upon such a modification of the 
responsibilities of that position, the position shall cease to be 
covered by the collective bargaining unit and the employee in that 
position shall cease to be entitled to representation by a labor 
organization accorded exclusive recognition for that collective 
bargaining unit.
  ``(2) A determination described in paragraph (1) that is made by the 
Director of the National Imagery and Mapping Agency may not be reviewed 
by the Federal Labor Relations Authority or any court of the United 
States.

                      ``SUBCHAPTER IV--DEFINITIONS

``Sec.
``467. Definitions.

``Sec. 467. Definitions

  ``In this chapter:
          ``(1) The term `function' means any duty, obligation, 
        responsibility, privilege, activity, or program.
          ``(2)(A) The term `imagery' means, except as provided in 
        subparagraph (B), a likeness or presentation of any natural or 
        manmade feature or related object or activity and the 
        positional data acquired at the same time the likeness or 
        representation was acquired, including--
                  ``(i) products produced by space-based national 
                intelligence reconnaissance systems; and
                  ``(ii) likenesses or presentations produced by 
                satellites, airborne platforms, unmanned aerial 
                vehicles, or other similar means.
          ``(B) Such term does not include handheld or clandestine 
        photography taken by or on behalf of human intelligence 
        collection organizations.
          ``(3) The term `imagery intelligence' means the technical, 
        geographic, and intelligence information derived through the 
        interpretation or analysis of imagery and collateral materials.
          ``(4) The term `geospatial information' means information 
        that identifies the geographic location and characteristics of 
        natural or constructed features and boundaries on the earth and 
        includes--
                  ``(A) statistical data and information derived from, 
                among other things, remote sensing, mapping, and 
                surveying technologies;
                  ``(B) mapping, charting, and geodetic data; and
                  ``(C) geodetic products, as defined in section 455(c) 
                of this title.''.
  (b) Transfer of Defense Mapping Agency Provisions.--(1) Sections 
2792, 2793, 2794, 2795, 2796, and 2798 of title 10, United States Code, 
are transferred to subchapter II of chapter 22 of such title, as added 
by subsection (a), inserted in that sequence in such subchapter 
following the table of sections, and redesignated in accordance with 
the following table:

Section                                                      Section as
transferred                                                redesignated
  2792......................................................       451 
  2793......................................................       452 
  2794......................................................       453 
  2795......................................................       454 
  2796......................................................       455 
  2798......................................................       456.

  (2) Sections 451(1), 452, 453, 454, and 455 (in subsections (a) and 
(b)(1)(C)), and 456 of title 10, United States Code, as transferred and 
redesignated by paragraph (1), are amended by striking out ``Defense 
Mapping Agency'' each place it appears and inserting in lieu thereof 
``National Imagery and Mapping Agency''.
  (c) Oversight of Agency as a Combat Support Agency.--Section 193 of 
title 10, United States Code, is amended--
          (1) in subsection (d)--
                  (A) by striking out the caption and inserting in lieu 
                thereof ``Review of National Security Agency and 
                National Imagery and Mapping Agency.--'';
                  (B) in paragraph (1)--
                          (i) by inserting ``and the National Imagery 
                        and Mapping Agency'' after ``the National 
                        Security Agency''; and
                          (ii) by striking out ``the Agency'' and 
                        inserting in lieu thereof ``that the 
                        agencies''; and
                  (C) in paragraph (2), by inserting ``and the National 
                Imagery and Mapping Agency'' after ``the National 
                Security Agency'';
          (2) in subsection (e)--
                  (A) by striking out ``DIA and NSA'' in the caption 
                and inserting in lieu thereof the following: ``DIA, 
                NSA, and NIMA.--''; and
                  (B) by striking out ``and the National Security 
                Agency'' and inserting in lieu thereof ``, the National 
                Security Agency, and the National Imagery and Mapping 
                Agency''; and
          (3) in subsection (f), by striking out paragraph (4) and 
        inserting in lieu thereof the following:
          ``(4) The National Imagery and Mapping Agency.''.
  (d) Special Printing Authority for Agency.--(1) Section 207(a)(2)(B) 
of the Legislative Branch Appropriations Act, 1993 (Public Law 102-392; 
44 U.S.C. 501 note), is amended by inserting ``National Imagery and 
Mapping Agency,'' after ``Defense Intelligence Agency,''.
  (2) Section 1336 of title 44, United States Code, is amended--
          (A) by striking out ``Secretary of the Navy'' and inserting 
        in lieu thereof ``Director of the National Imagery and Mapping 
        Agency''; and
          (B) by striking out ``United States Naval Oceanographic 
        Office'' and inserting in lieu thereof ``National Imagery and 
        Mapping Agency''.

SEC. 433. TRANSFERS OF PERSONNEL AND ASSETS.

  The personnel, assets, unobligated balances of appropriations and 
authorizations of appropriations, and, to the extent jointly determined 
appropriate by the Secretary of Defense and Director of Central 
Intelligence, obligated balances of appropriations and authorizations 
of appropriations employed, used, held, arising from, or available in 
connection with the missions and functions transferred under section 
431(c) are transferred to the National Imagery and Mapping Agency. 
Transfers of appropriations from the Central Intelligence Agency under 
this section shall be made in accordance with section 1531 of title 31, 
United States Code.

SEC. 434. COMPATIBILITY WITH AUTHORITY UNDER THE INTELLIGENCE COMMUNITY 
                    ACT.

  Consistent with the other provisions of this Act, the Secretary of 
Defense shall ensure, through the National Imagery and Mapping Agency 
(except as otherwise directed by the President or the National Security 
Council) and with appropriate representation from the intelligence 
community, the continued operation of an effective unified organization 
within the Department of Defense--
          (1) for carrying out tasking of imagery collection;
          (2) for the coordination of imagery processing and 
        exploitation activities;
          (3) for ensuring the dissemination of imagery in a timely 
        manner to authorized recipients; and
          (4) notwithstanding any other provision of law, for--
                  (A) prescribing technical architecture and standards 
                related to imagery intelligence and geospatial 
                information and ensuring compliance with such 
                architecture and standards; and
                  (B) developing and fielding systems of common concern 
                related to imagery intelligence and geospatial 
                information.

SEC. 435. NATIONAL MISSION OF NATIONAL IMAGERY AND MAPPING AGENCY.

  (a) In General.--In addition to the Department of Defense missions 
set forth in section 442 of title 10, United States Code, the National 
Imagery and Mapping Agency shall support the imagery requirements of 
the Department of State and other departments and agencies of the 
United States outside the Department of Defense.
  (b) Requirements and Priorities.--The Director of Central 
Intelligence shall establish requirements and priorities governing the 
collection of national intelligence by the National Imagery and Mapping 
Agency under subsection (a).
  (c) Correction of Deficiencies.--The Director of Central Intelligence 
shall develop and implement such programs and policies as the Director 
and the Secretary of Defense jointly determine necessary to review and 
correct deficiencies identified in the capabilities of the National 
Imagery and Mapping Agency to accomplish assigned national missions. 
The Director shall consult with the Secretary of Defense on the 
development and implementation of such programs and policies. The 
Secretary shall obtain the advice of the Chairman of the Joint Chiefs 
of Staff regarding the matters on which the Director and the Secretary 
are to consult under the preceding sentence.

SEC. 436. CREDITABLE CIVILIAN SERVICE FOR CAREER CONDITIONAL EMPLOYEES 
                    OF THE DEFENSE MAPPING AGENCY.

  In the case of an employee of the National Imagery and Mapping Agency 
who, on the day before the effective date of this title, was an 
employee of the Defense Mapping Agency in a career-conditional status, 
the continuous service of that employee as an employee of the National 
Imagery and Mapping Agency on and after such date shall be considered 
creditable service for the purpose of any determination of the career 
status of the employee.

SEC. 437. SAVING PROVISIONS.

  (a) Continuing Effect on Legal Documents.--All orders, 
determinations, rules, regulations, permits, agreements, international 
agreements, grants, contracts, leases, certificates, licenses, 
registrations, privileges, and other administrative actions--
          (1) which have been issued, made, granted, or allowed to 
        become effective by the President, any Federal agency or 
        official thereof, or by a court of competent jurisdiction, in 
        connection with any of the functions which are transferred 
        under this title or any function that the National Imagery and 
        Mapping Agency is authorized to perform by law, and
          (2) which are in effect at the time this title takes effect, 
        or were final before the effective date of this title and are 
        to become effective on or after the effective date of this 
        title,
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the President, the Secretary of Defense, the Director of the National 
Imagery and Mapping Agency or other authorized official, a court of 
competent jurisdiction, or by operation of law.
  (b) Proceedings Not Affected.--This title and the amendments made by 
this title shall not affect any proceedings, including notices of 
proposed rulemaking, or any application for any license, permit, 
certificate, or financial assistance pending before an element of the 
Department of Defense or Central Intelligence Agency at the time this 
title takes effect, with respect to function of that element 
transferred by section 442, but such proceedings and applications shall 
be continued. Orders shall be issued in such proceedings, appeals shall 
be taken therefrom, and payments shall be made pursuant to such orders, 
as if this title had not been enacted, and orders issued in any such 
proceedings shall continue in effect until modified, terminated, 
superseded, or revoked by a duly authorized official, by a court of 
competent jurisdiction, or by operation of law. Nothing in this section 
shall be deemed to prohibit the discontinuance or modification of any 
such proceeding under the same terms and conditions and to the same 
extent that such proceeding could have been discontinued or modified if 
this title had not been enacted.

SEC. 438. DEFINITIONS.

  In this part, the terms ``function'', ``imagery'', ``imagery 
intelligence'', and ``geospatial information'' have the meanings given 
those terms in section 467 of title 10, United States Code, as added by 
section 432.

           PART II--CONFORMING AMENDMENTS AND EFFECTIVE DATE

SEC. 441. REDESIGNATION AND REPEALS.

  (a) Redesignation.--Chapter 23 of title 10, United States Code (as 
redesignated by section 432(a)(1)) is amended by redesignating the 
sections in that chapter as sections 481 and 482, respectively.
  (b) Repeal of Superseded Law.--Chapter 167 of such title, as amended 
by section 432(b), is repealed.

SEC. 442. REFERENCE AMENDMENTS.

  (a) Title 5, United States Code.--Title 5, United States Code, is 
amended as follows:
          (1) Central imagery office.--Sections 2302(a)(2)(C)(ii), 
        3132(a)(1)(B), 4301(1) (in clause (ii)), 4701(a)(1)(B), 
        5102(a)(1) (in clause (xi)), 5342(a)(1)(L), 6339(a)(1)(E), and 
        7323(b)(2)(B)(i)(XIII) are amended by striking out ``Central 
        Imagery Office'' and inserting in lieu thereof ``National 
        Imagery and Mapping Agency''.
          (2) Director, central imagery office.--Section 6339(a)(2)(E) 
        is amended by striking out ``Central Imagery Office, the 
        Director of the Central Imagery Office'' and inserting in lieu 
        thereof ``National Imagery and Mapping Agency, the Director of 
        the National Imagery and Mapping Agency''.
  (b) Other Laws.--The following provisions of law are amended by 
striking out ``Central Imagery Office'' and inserting in lieu thereof 
``National Imagery and Mapping Agency'':
          (1) National security act of 1947.--Section 3(4)(E) of the 
        National Security Act of 1947 (50 U.S.C. 401a(4)(E).
          (2) Ethics in government act of 1978.--Section 105(a) of the 
        Ethics in Government Act of 1978 (Public Law 95-521; 5 U.S.C. 
        App. 4).
          (3) Employee polygraph protection act.--Section 7(b)(2)(A)(i) 
        of the Employee Polygraph Protection Act of 1988 (Public Law 
        100-347; 29 U.S.C. 2006(b)(2)(A)(i)).
  (c) Cross Reference.--Section 82 of title 14, United States Code, is 
amended by striking out ``chapter 167'' and inserting in lieu thereof 
``subchapter II of chapter 22''.

SEC. 443. HEADINGS AND CLERICAL AMENDMENTS.

  (a) Title 10, United States Code.--
          (1) The table of chapters at the beginning of subtitle A of 
        title 10, United States Code, is amended--
                  (A) by striking out the item relating to chapter 22 
                and inserting in lieu thereof the following:

``22. National Imagery and Mapping Agency...................      441  
``23. Miscellaneous Studies and Reports.....................     471'';

                and
                  (B) by striking out the item relating to chapter 167.
          (2) The table of chapters at the beginning of part I of such 
        subtitle is amended by striking out the item relating to 
        chapter 22 and inserting in lieu thereof the following:

``22. National Imagery and Mapping Agency...................      441  
``23. Miscellaneous Studies and Reports.....................     471'';

          (3) The table of chapters at the beginning of part IV of such 
        subtitle is amended by striking out the item relating to 
        chapter 167.
          (4) The items in the table of sections at the beginning of 
        chapter 23 of title 10, United States Code (as redesignated by 
        section 432(a)(1)), are revised so as to reflect the 
        redesignations made by section 441(a).
  (b) Title 44, United States Code.--
          (1) The heading of section 1336 of title 44, United States 
        Code, is amended to read as follows:

``Sec. 1336. National Imagery and Mapping Agency: special 
                    publications''.

          (2) The item relating to that section in the tables of 
        sections at the beginning of chapter 13 of such title is 
        amended to read as follows:

``1336. National Imagery and Mapping Agency: special publications.''.

SEC. 444. EFFECTIVE DATE.

  This subtitle and the amendments made by this subtitle shall take 
effect on the later of October 1, 1996, or the date of the enactment of 
an Act, whichever is later.

           Subtitle D--Civilian Intelligence Personnel Policy

SEC. 481. MANAGEMENT OF CIVILIAN INTELLIGENCE PERSONNEL.

  (a) Consolidation and Standardization of Civilian Personnel Policy.--
Chapter 83 of title 10, United States Code, is amended--
          (1) by redesignating section 1602 as section 1621 and 
        transferring that section so as to appear after section 1605;
          (2) by redesignating sections 1606 and 1608 as section 1622 
        and 1623, respectively; and
          (3) by striking out the chapter heading, the table of 
        sections, and sections 1601, 1603, and 1604 and inserting in 
        lieu thereof the following:

         ``CHAPTER 83--CIVILIAN DEFENSE INTELLIGENCE EMPLOYEES

``Subchapter                                                       Sec.
``I. Defense-Wide Intelligence Personnel Policy.............       1601
``II. Defense Intelligence Agency Personnel.................       1621

       ``SUBCHAPTER I--DEFENSE-WIDE INTELLIGENCE PERSONNEL POLICY

``Sec.
``1601. Civilian intelligence personnel: general authority to establish 
excepted positions, appoint personnel, and fix rates of pay.
``1602. Basic pay.
``1603. Additional compensation, incentives, and allowances.
``1605. Benefits for certain employees assigned outside the United 
States.
``1606. Defense Intelligence Senior Executive Service.
``1607. Intelligence Senior Level positions.
``1608. Time-limited appointments.
``1609. Termination of defense intelligence employees.
``1610. Reductions and other adjustments in force.
``1611. Postemployment assistance: certain terminated intelligence 
employees.
``1612. Merit system principles and civil service protections: 
applicability.
``1613. Miscellaneous provisions.
``1614. Definitions.

``Sec. 1601. Civilian intelligence personnel: general authority to 
                    establish excepted positions, appoint personnel, 
                    and fix rates of pay

  ``(a) General Authority.--The Secretary of Defense may--
          ``(1) establish, as positions in the excepted service, such 
        defense intelligence positions in the intelligence components 
        of the Department of Defense and the military departments as 
        the Secretary determines necessary to carry out the 
        intelligence functions of those components and departments, 
        including--
                  ``(A) Intelligence Senior Level positions designated 
                under section 1607 of this title; and
                  ``(B) positions in the Defense Intelligence Senior 
                Executive Service;
          ``(2) appoint individuals to those positions (after taking 
        into consideration the availability of preference eligibles for 
        appointment to those positions); and
          ``(3) fix the compensation of such individuals for service in 
        those positions.
  ``(b) Construction With Other Laws.--The authority of the Secretary 
of Defense under subsection (a) applies without regard to the 
provisions of any other law relating to the appointment, number, 
classification, or compensation of employees.

``Sec. 1602. Basic pay

  ``(a) Authority To Fix Rates of Basic Pay.--The Secretary of Defense 
(subject to the provisions of this section) shall fix the rates of 
basic pay for positions established under section 1601 of this title in 
relation to the rates of basic pay provided in subpart D of part III of 
title 5 for positions subject to that subpart which have corresponding 
levels of duties and responsibilities.
  ``(b) Maximum Rates.--A rate of basic pay fixed under subsection (a) 
for a position established under section 1601 of this title may not 
(except as otherwise provided by law) exceed--
          ``(1) in the case of a Defense Intelligence Senior Executive 
        Service position, the maximum rate provided in section 5382 of 
        title 5;
          ``(2) in the case of an Intelligence Senior Level position, 
        the maximum rate provided in section 5382 of title 5; and
          ``(3) in the case of any other position, the maximum rate 
        provided in section 5306(e) of 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 of Defense may employ individuals described by section 
5342(a)(2)(A) of that title.

``Sec. 1603. Additional compensation, incentives, and allowances

  ``(a) Additional Compensation Based on Title 5 Authorities.--The 
Secretary of Defense may provide employees in defense intelligence 
positions 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.
  ``(b) Allowances Based on Living Costs and Environment.--(1) In 
addition to basic pay, employees in defense intelligence positions who 
are citizens or nationals of the United States and are stationed 
outside the continental United States or in Alaska may be paid an 
allowance, in accordance with regulations prescribed by the Secretary 
of Defense, while they are so stationed.
  ``(2) An allowance under this subsection shall be based on--
          ``(A) living costs substantially higher than in the District 
        of Columbia;
          ``(B) conditions of environment which (i) differ 
        substantially from conditions of environment in the continental 
        United States, and (ii) warrant an allowance as a recruitment 
        incentive; or
          ``(C) both of the factors specified in subparagraphs (A) and 
        (B).
  ``(3) An allowance under this subsection may not exceed the allowance 
authorized to be paid by section 5941(a) of title 5 for employees whose 
rates of basic pay are fixed by statute.''.
  (b) Matters Other Than Pay and Benefits.--Such chapter is further 
amended by inserting after section 1605 the following new sections:

``Sec. 1606. Defense Intelligence Senior Executive Service

  ``(a) Establishment.--The Secretary of Defense may establish a 
Defense Intelligence Senior Executive Service for defense intelligence 
positions established pursuant to section 1601(a) of this title that 
are equivalent to Senior Executive Service positions. The number of 
positions in the Defense Intelligence Senior Executive Service may not 
exceed the number of Defense Intelligence Senior Executive Service 
positions established as of January 1, 1996.
  ``(b) Regulations Consistent With Title 5 Provisions.--The Secretary 
of Defense shall prescribe regulations for the Defense Intelligence 
Senior Executive Service which are consistent with the requirements set 
forth in sections 3131, 3132(a)(2), 3393a, 3396(c), 3592, 3595(a), 
5384, and 6304 of title 5, subsections (a), (b), and (c) of section 
7543 of such title (except that any hearing or appeal to which a member 
of the Defense Intelligence Senior Executive Service is entitled shall 
be held or decided pursuant to those regulations), and subchapter II of 
chapter 43 of such title. To the extent that the Secretary determines 
it practicable to apply to members of, or applicants for, the Defense 
Intelligence Senior Executive Service other provisions of title 5 that 
apply to members of, or applicants for, the Senior Executive Service, 
the Secretary shall also prescribe regulations to implement those 
provisions with respect to the Defense Intelligence Senior Executive 
Service.
  ``(c) Award of Rank to Members of the Defense 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 Defense Intelligence Senior Executive 
Service. The award of such rank shall be made in a manner consistent 
with the provisions of that section.

``Sec. 1607. Intelligence Senior Level positions

  ``(a) Designation of Positions.--The Secretary of Defense may 
designate as an Intelligence Senior Level position any defense 
intelligence position that, as determined by the Secretary--
          ``(1) is classifiable above grade GS-15 of the General 
        Schedule;
          ``(2) does not satisfy functional or program management 
        criteria for being designated a Defense Intelligence Senior 
        Executive Service position; and
          ``(3) has no more than minimal supervisory responsibilities.
  ``(b) Regulations.--Subsection (a) shall be carried out in accordance 
with regulations prescribed by the Secretary of Defense.

``Sec. 1608. Time-limited appointments

  ``(a) Authority for Time-Limited Appointments.--The Secretary of 
Defense may by regulation authorize appointing officials to make time-
limited appointments to defense intelligence positions specified in the 
regulations.
  ``(b) Review of Use of Authority.--The Secretary of Defense shall 
review each time-limited appointment in a defense intelligence position 
at the end of the first year of the period of the appointment and 
determine whether the appointment should be continued for the remainder 
of the period. The continuation of a time-limited appointment after the 
first year shall be subject to the approval of the Secretary.
  ``(c) Condition on Permanent Appointment to Defense Intelligence 
Senior Executive Service.--An employee serving in a defense 
intelligence position pursuant to a time-limited appointment is not 
eligible for a permanent appointment to a Defense Intelligence Senior 
Executive Service position (including a position in which the employee 
is serving) unless the employee is selected for the permanent 
appointment on a competitive basis.
  ``(d) Time-Limited Appointment Defined.--In this section, the term 
`time-limited appointment' means an appointment (subject to the 
condition in subsection (b)) for a period not to exceed two years.

``Sec. 1609. Termination of defense intelligence employees

  ``(a) Termination Authority.--Notwithstanding any other provision of 
law, the Secretary of Defense may terminate the employment of any 
employee in a defense intelligence position if the Secretary--
          ``(1) considers that action to be in the interests of the 
        United States; and
          ``(2) determines that the procedures prescribed in other 
        provisions of law that authorize the termination of the 
        employment of such employee cannot be invoked in a manner 
        consistent with the national security.
  ``(b) Finality.--A decision by the Secretary of Defense to terminate 
the employment of an employee under this section is final and may not 
be appealed or reviewed outside the Department of Defense.
  ``(c) Notification to Congressional Committees.--Whenever the 
Secretary of Defense terminates the employment of an employee under the 
authority of this section, the Secretary shall promptly notify the 
congressional oversight committees of such termination.
  ``(d) Preservation of Right To Seek Other Employment.--Any 
termination of employment under this section does not affect the right 
of the employee involved to seek or accept employment with any other 
department or agency of the United States if that employee is declared 
eligible for such employment by the Director of the Office of Personnel 
Management.
  ``(e) Limitation on Delegation.--The authority of the Secretary of 
Defense under this section may be delegated only to the Deputy 
Secretary of Defense, the head of an intelligence component of the 
Department of Defense (with respect to employees of that component), or 
the Secretary of a military department (with respect to employees of 
that department). An action to terminate employment of such an employee 
by any such official may be appealed to the Secretary of Defense.

``Sec. 1610. Reductions and other adjustments in force

  ``(a) In General.--The Secretary of Defense shall prescribe 
regulations for the separation of employees in defense intelligence 
positions, including members of the Defense Intelligence Senior 
Executive Service and employees in Intelligence Senior Level positions, 
during a reduction in force or other adjustment in force. The 
regulations shall apply to such a reduction in force or other 
adjustment in force notwithstanding sections 3501(b) and 3502 of title 
5.
  ``(b) Matters To Be Given Effect.--The regulations shall give effect 
to the following:
          ``(1) Tenure of employment.
          ``(2) Military preference, subject to sections 3501(a)(3) and 
        3502(b) of title 5.
          ``(3) The veteran's preference under section 3502(b) of title 
        5.
          ``(4) Performance.
          ``(5) Length of service computed in accordance with the 
        second sentence of section 3502(a) of title 5.
  ``(c) Regulations Relating to Defense Intelligence SES.--The 
regulations relating to removal from the Defense Intelligence Senior 
Executive Service in a reduction in force or other adjustment in force 
shall be consistent with section 3595(a) of title 5.
  ``(d) Right of Appeal.--(1) The regulations shall provide a right of 
appeal regarding a personnel action under the regulations. The appeal 
shall be determined within the Department of Defense. An appeal 
determined at the highest level provided in the regulations shall be 
final and not subject to review outside the Department of Defense. A 
personnel action covered by the regulations is not subject to any other 
provision of law that provides appellate rights or procedures.
  ``(2) Notwithstanding paragraph (1), a preference eligible referred 
to in section 7511(a)(1)(B) of title 5 may elect to have an appeal of a 
personnel action taken against the preference eligible under the 
regulation determined by the Merit Systems Protection Board instead of 
having the appeal determined within the Department of Defense. Section 
7701 of title 5 shall apply to any such appeal to the Merit Systems 
Protection Board.
  ``(e) Consultation With OPM.--Regulations under this section shall be 
prescribed in consultation with the Director of the Office of Personnel 
Management.''.
  (c) Transfer of Section 1599.--Subtitle A of title 10, United States 
Code, is amended by transferring section 1599 to chapter 83 of such 
title, inserting such section after section 1610 (as added by 
subsection (b)), redesignating such section as section 1611, and in 
subsection (f) striking out ``means'' and all that follows and 
inserting in lieu thereof ``includes the National Reconnaissance Office 
and any intelligence component of a military department.''.
  (d) Additional Provisions.--Such chapter is further amended by 
inserting after section 1611 (as so transferred and redesignated) the 
following new sections:

``Sec. 1612. Merit system principles and civil service protections: 
                    applicability

  ``(a) Applicability of Merit System Principles.--Section 2301 of 
title 5 shall apply to the exercise of authority under this subchapter 
(other than sections 1605 and 1611).
  ``(b) Civil Service Protections.--(1) If, in the case of a position 
established under authority other than section 1601(a)(1) of this title 
that is reestablished as an excepted service position under that 
section, the provisions of law referred to in paragraph (2) applied to 
the person serving in that position immediately before the position is 
so reestablished and such provisions of law would not otherwise apply 
to the person while serving in the position as so reestablished, then 
such provisions of law shall continue to apply to the person with 
respect to service in that position for as long as the person continues 
to serve in the position without a break in service.
  ``(2) The provisions of law referred to in paragraph (1) are the 
following provisions of title 5:
          ``(A) Section 2302, relating to prohibited personnel 
        practices.
          ``(B) Chapter 75, relating to adverse actions, unless, in the 
        case of any individual employee, that employee elects to have 
        an appeal determined within the Department of Defense.

``Sec. 1613. Miscellaneous provisions

  ``(a) Collective Bargaining Agreements.--Nothing in sections 1601 
through 1604 and 1606 through 1610 may be construed to impair the 
continued effectiveness of a collective bargaining agreement with 
respect to an agency or office that is a successor to an agency or 
office covered by the agreement before the succession.
  ``(b) Notice to Congress of Regulations.--The Secretary of Defense 
shall notify Congress of any regulations prescribed to carry out this 
subchapter (other than sections 1605 and 1611). Such notice shall be 
provided by submitting a copy of the regulations to the congressional 
oversight committees not less than 60 days before such regulations take 
effect.

``Sec. 1614. Definitions

  ``In this subchapter:
          ``(1) The term `defense intelligence position' means a 
        civilian position as an intelligence officer or intelligence 
        employee of an intelligence component of the Department of 
        Defense or of a military department.
          ``(2) The term `intelligence component of the Department of 
        Defense' means any of the following:
                  ``(A) The National Security Agency.
                  ``(B) The Defense Intelligence Agency.
                  ``(C) The National Imagery and Mapping Agency.
                  ``(D) Any other component of the Department of 
                Defense that performs intelligence functions and is 
                designated by the Secretary of Defense as an 
                intelligence component of the Department of Defense.
                  ``(E) Any successor to a component specified in, or 
                designated pursuant to, this paragraph.
          ``(3) The term `congressional oversight committees' means--
                  ``(A) the Committee on Armed Services and the Select 
                Committee on Intelligence of the Senate; and
                  ``(B) the Committee on National Security and the 
                Permanent Select Committee on Intelligence of the House 
                of Representatives.
          ``(4) The term `excepted service' has the meaning given such 
        term in section 2103 of title 5.
          ``(5) The term `preference eligible' has the meaning given 
        such term in section 2108(3) of title 5.
          ``(6) The term `Senior Executive Service position' has the 
        meaning given such term in section 3132(a)(2) of title 5.
          ``(7) The term `collective bargaining agreement' has the 
        meaning given such term in section 7103(8) of title 5.''.
  (e) Designation of New Subchapter II.--Chapter 83 of such title is 
further amended by inserting after section 1614 (as added by subsection 
(d)) the following:

         ``SUBCHAPTER II--DEFENSE INTELLIGENCE AGENCY PERSONNEL

``Sec.
``1621. Defense Intelligence Agency merit pay system.
``1622. Uniform allowance: civilian employees.
``1623. Financial assistance to certain employees in acquisition of 
critical skills.''.

SEC. 482. REPEAL OF SUPERSEDED SECTIONS AND CLERICAL AND CONFORMING 
                    AMENDMENTS.

  (a) Repeal of Separate Military Department Authorities.--Section 1590 
of title 10, United States Code, is repealed. 
  (b) Repeal of Separate National Security Agency Authorities.--The 
following provisions of law are repealed:
          (1) Sections 2 and 4 of the National Security Agency Act of 
        1959 (50 U.S.C. 402 note).
          (2) Section 303 of the Internal Security Act of 1950 (50 
        U.S.C. 833).
  (c) Clerical Amendments.--Title 10, United States Code, is amended as 
follows:
          (1) The heading for section 1605 is amended to read as 
        follows:

``Sec. 1605. Benefits for certain employees assigned outside the United 
                    States''.

          (2) The table of sections at the beginning of chapter 81 is 
        amended by striking out the items relating to sections 1590 and 
        1599.
          (3) The tables of chapters at the beginning of subtitle A, 
        and at the beginning of part II of subtitle A, are amended by 
        striking out the item relating to chapter 83 and inserting in 
        lieu thereof the following:

``83. Civilian Defense Intelligence Employees...............    1601''.

  (d) Conforming Amendment.--Section 1621 of such title, as transferred 
and redesignated by section 481(a)(1), is amended by striking out ``and 
Central Imagery Office''.
  (e) Cross Reference Amendments.--Chapter 81 of title 10, United 
States Code, is amended as follows:
          (1) Section 1593(a)(3) is amended by striking out ``section 
        1606'' and inserting in lieu thereof ``section 1622''.
          (2) Section 1596(c) is amended by striking out ``section 
        1604(b)'' and inserting in lieu thereof ``section 1602''.

SEC. 483. OTHER PERSONNEL MANAGEMENT AUTHORITIES.

  (a) Applicability of Federal Labor-Management Relations System.--
Section 7103(a)(3) of title 5, United States Code is amended--
          (1) by inserting ``or'' at the end of subparagraph (F);
          (2) by striking out ``; or'' at the end of subparagraph (G) 
        and inserting in lieu thereof a period; and
          (3) by striking out subparagraph (H).
  (b) Applicability of Authority and Procedures for Imposing Certain 
Adverse Actions.--Section 7511(b)(8) of such title is amended by 
striking out ``the National Security Agency'' and all that follows 
through ``title 10'' and inserting in lieu thereof ``an intelligence 
component of the Department of Defense (as defined in section 1614 of 
title 10), or an intelligence activity of a military department covered 
under subchapter I of chapter 83 of title 10''.

  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. 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.''.

    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