Union Calendar No. 365

104TH CONGRESS

2D SESSION H. R. 3237

[Report No. 104–620, Parts I and II]

A BILL

To provide for improved management and operation

the 21st century, and for other purposes.provide an improved Intelligence Community forment engaged in intelligence activities so as toligence, to reorganize the agencies of the Governproviding for a more corporate approach to intelof intelligence activities of the Government by

JULY 23, 1996

Reported from the Committee on National Security with

to be printedWhole House on the State of the Union, and orderedan amendment, committed to the Committee of the
IB

Union Calendar No. 365

104TH CONGRESS

2D SESSION H. R. 3237

[Report No. 104–620, Parts I and II]

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.

IN THE HOUSE OF REPRESENTATIVES

APRIL 15, 1996

Mr. COMBEST introduced the following bill; which was referred to the Permanent Select Committee on Intelligence and in addition to the Committee

on National Security, for a period to be subsequently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

JUNE 13, 1996

Reported from the Permanent Select Committee on Intelligence with amendments; referred to the Committee on Government Reform and Oversight

for a period ending not later than July 23, 1996, for consideration of

such provisions of the bill and the amendments recommended by the

Committee on Intelligence as fall within the jurisdiction of that committee

pursuant to clause 1(g), rule V

[Strike out all after the enacting clause and insert the part printed in italic]

JUNE 13, 1996

Referral to the Committee on National Security extended for a period ending

not later than July 23, 1996

JULY 23, 1996

Committee on Government Reform and Oversight discharged

JULY 23, 1996

Reported from the Committee on National Security with an amendment, com-
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mitted to the Committee of the Whole House on the State of the Union

and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in boldface roman]

[For text of introduced bill, see copy of bill as introduced on April 15, 1996]

A BILL

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Intelligence Community

5 Act’’.

6 SEC. 2. ORGANIZATION OF ACT; TABLE OF CONTENTS.

7 (a) ORGANIZATION OF ACT.—This Act is organized as

8 follows:

TITLE I—INTELLIGENCE COMMUNITY GENERALLY

Subtitle A—Director of Central Intelligence

Subtitle B—Deputy Directors of Central Intelligence

Subtitle C—The Intelligence Community

Subtitle D—Annual Reports

TITLE II—INTELLIGENCE COMMUNITY MANAGEMENT

Subtitle A—Intelligence Community Functions

Subtitle B—National Foreign Intelligence Program

Subtitle C—Personnel

Subtitle D—Infrastructure Support Office

Subtitle E—Intelligence Community Administration
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TITLE III—INTELLIGENCE COMMUNITY AGENCIES

Subtitle A—Central Intelligence Agency

Subtitle B—The National Intelligence Evaluation Council

Subtitle C—Future of Intelligence Collection

TITLE IV—DEPARTMENT OF DEFENSE FUNCTIONS IN THE

INTELLIGENCE COMMUNITY

Subtitle A—Secretary of Defense

Subtitle B—Director of Military Intelligence

Subtitle C—Defense Intelligence Agency

Subtitle D—The Military Departments

Subtitle E—Planning and Budgeting

Subtitle F—Civilian Intelligence Personnel Policy

TITLE V—NATIONAL SECURITY COUNCIL AND RELATED BOARDS

AND COMMITTEES

TITLE VI—TECHNICAL AND CONFORMING AMENDMENTS AND EFFECTIVE DATE

1 (b) TABLE OF CONTENTS.—The table of contents for

2 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.
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Subtitle C—The Intelligence Community

Sec. 131. Elements of the Intelligence Community.

Sec. 132. Intelligence Community Inspector General Forum.

Subtitle D—Annual Reports

Sec. 141. Annual report on Intelligence Community activities.

TITLE II—INTELLIGENCE COMMUNITY MANAGEMENT

Subtitle A—Intelligence Community Functions

Sec. 201. Community Management Staff.

Sec. 202. Functions of the Community Management Staff.

Subtitle B—National Foreign Intelligence Program

Sec. 221. Budgets.

Sec. 222. Comptroller functions of Community Management Staff.

Sec. 223. Limitations on transfers and reprogramming.

Sec. 224. Transfer of funds or personnel within the National Foreign Intelligence

Program.

Sec. 225. Limitation on reprogramming.

Subtitle C—Personnel

Sec. 231. Use of personnel.

Sec. 232. Authority to terminate employment of certain employees.

Sec. 233. Intelligence Community Reserve.

Subtitle D—Infrastructure Support Office

Sec. 241. Establishment of Infrastructure Support Office.

Sec. 242. Responsibilities of Director of the Infrastructure Support Office.

Subtitle E—Intelligence Community Administration

Sec. 251. Secrecy agreements used in intelligence activities.

Sec. 252. Coordination of counterintelligence matters with the Federal Bureau of

Investigation.

Sec. 253. Intelligence Community contracting.

TITLE III—INTELLIGENCE COMMUNITY AGENCIES

Subtitle A—Central Intelligence Agency

Sec. 301. Central Intelligence Agency.

Sec. 302. Duties of Director of Central Intelligence with regard to the Central Intelligence Agency.

Sec. 303. Functions of the Central Intelligence Agency.

Sec. 304. Agreement to transfer DOD clandestine humint to CIA.

Subtitle B—The National Intelligence Evaluation Council

Sec. 321. National Intelligence Evaluation Council.

Sec. 322. Functions of the National Intelligence Evaluation Council.

Sec. 323. Staffing of the National Intelligence Evaluation Council.
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Subtitle C—Future of Intelligence Collection

Sec. 331. Panel on the future of intelligence collection.

TITLE IV—DEPARTMENT OF DEFENSE FUNCTIONS IN THE

INTELLIGENCE COMMUNITY

Subtitle A—Secretary of Defense

Sec. 401. Overall Secretary of Defense functions.

Sec. 402. Requirement that budgets for intelligence components be adequate.

Sec. 403. Implementation of Director of Central Intelligence policies and resource

decisions.

Sec. 404. Relationship of NFIP activities to tactical intelligence activities.

Sec. 405. Responsiveness to operational military forces.

Sec. 406. Elimination of waste and unnecessary duplication.

Sec. 407. Joint and corporate conduct of Defense intelligence activities.

Sec. 408. Signals intelligence activities.

Sec. 409. Imagery collection, processing, and exploitation.

Sec. 410. Overhead reconnaissance systems.

Sec. 411. Use of elements of Department of Defense.

Sec. 412. Consultations regarding appointment of certain intelligence officials.

Subtitle B—Director of Military Intelligence

Sec. 421. Director of Military Intelligence.

Sec. 422. Functions of the Director of Military Intelligence.

Sec. 423. Role of Director of Military Intelligence in the Intelligence Community.

Sec. 424. Planning and budget functions.

Sec. 425. Staff.

Subtitle C—Defense Intelligence Agency

Sec. 441. Defense Intelligence Agency generally.

Sec. 442. Functions of the Defense Intelligence Agency.

Subtitle D—The Military Departments

Sec. 451. Intelligence capabilities of the military departments.

Subtitle E—Planning and Budgeting

Sec. 461. Joint Military Intelligence Program.

Sec. 462. Tactical Intelligence and Related Activities (TIARA).

Sec. 463. Notice to Congress of changes in JMIP and TIARA.

Subtitle F—Civilian Intelligence Personnel Policy

Sec. 481. Standardization of personnel policies for intelligence components of Department of Defense

Sec. 482. Temporary program for civilian workforce reduction in the National

Security Agency.

TITLE V—NATIONAL SECURITY COUNCIL AND RELATED BOARDS

AND COMMITTEES

Sec. 501. Recodification of laws relating to National Security Council and related

boards and committees in Executive Office of the President.

Sec. 502. Committee on Foreign Intelligence.
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Sec. 503. Transnational threats.

Sec. 504. Prohibition of direct participation by National Security Council staff

in execution of intelligence operations.

TITLE VI—TECHNICAL AND CONFORMING AMENDMENTS AND

EFFECTIVE DATE

Sec. 601. Restatement of National Security Agency Act of 1959.

Sec. 602. Amendments to title 5, United States Code.

Sec. 603. Repeal of provisions recodified in new Act.

Sec. 604. National Security Act of 1947.

Sec. 605. Abolition of National Intelligence Council.

Sec. 606. Effective date.

1 SEC. 3. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—The Congress makes the following

3 findings:

4 (1) The United States must maintain a strong,

5 capable, and increasingly flexible intelligence capabil6 ity to collect and analyze information concerning

7 world events that may threaten its security so as to

8 be in a position to anticipate and respond to such

9 events in an effective and timely manner.

10 (2) The existing framework for the conduct of

11 United States intelligence activities, established by the

12 National Security Act of 1947, has evolved largely

13 without changes to the original statutory framework,

14 but rather as a matter of Executive order and direc15 tive.

16 (3) Although the Director of Central Intelligence

17 has had an overall, coordinating role for United

18 States intelligence activities, under existing law and

19 by Executive order the Director has, in fact, lacked
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1 sufficient authorities to exercise this responsibility ef2 fectively, leaving control largely decentralized within

3 elements of the Intelligence Community.

4 (b) PURPOSES.—The purposes of this Act are—

5 (1) to provide a corporate framework for the im6 proved management of United States intelligence ac7 tivities at all levels and within all intelligence dis8 ciplines;

9 (2) to provide an institutional structure that

10 will continue to ensure that the Intelligence Commu11 nity serves the needs of the Government as a whole in

12 an effective, timely, and corporate manner;

13 (3) to clarify by law the responsibilities of Unit14 ed States intelligence agencies; and

15 (4) to improve the congressional oversight of in16 telligence activities.

17 SEC. 4. DEFINITIONS.

18 For the purposes of this Act:

19 (1) INTELLIGENCE.—The term ‘‘intelligence’’ in20 cludes foreign intelligence and counterintelligence.

21 (2) FOREIGN INTELLIGENCE.—The term ‘‘foreign

22 intelligence’’ means information relating to the capa23 bilities, intentions, or activities of foreign govern24 ments or elements thereof, foreign organizations, for25 eign transnational entities, or foreign persons.
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1 (3) COUNTERINTELLIGENCE.—The term ‘‘coun2 terintelligence’’ means information gathered and ac3 tivities conducted to protect against espionage, other

4 intelligence activities, sabotage, or assassinations con5 ducted by or on behalf of foreign governments or ele6 ments thereof, foreign organizations, foreign

7 transnational entities, or foreign persons, or inter8 national terrorist activities.

9 (4) NATIONAL INTELLIGENCE AND INTELLIGENCE

10 RELATED TO NATIONAL SECURITY.—The terms ‘‘na11 tional intelligence’’ and ‘‘intelligence related to the

12 national security’’—

13 (A) each refer to intelligence that pertains

14 to the interests of the Government generally,

15 rather than to the interests of a single depart16 ment or agency of Government, or to a compo17 nent of such department or agency;

18 (B) do not refer to intelligence necessary to

19 plan or conduct tactical military operations by

20 United States Armed Forces; and

21 (C) do not refer to counterintelligence or

22 law enforcement activities conducted by the Fed23 eral Bureau of Investigation except to the extent

24 provided for in procedures agreed to by the Di25 rector of Central Intelligence and the Attorney
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1 General, or otherwise as expressly provided for

2 in this Act.

3 (5) NATIONAL FOREIGN INTELLIGENCE PRO4 GRAM.—The term ‘‘National Foreign Intelligence Pro5 gram’’ refers to all programs, projects, and activities

6 of the Intelligence Community that are intended to

7 produce national intelligence, as well as any other

8 programs of the Intelligence Community designated

9 jointly by the Director of Central Intelligence and the

10 head of a United States department or agency or by

11 the President. Such term does not include programs,

12 projects, or activities of the military departments to

13 acquire intelligence solely for the planning and con14 duct of tactical military operations by United States

15 Armed Forces.

16 (6) CONGRESSIONAL INTELLIGENCE COMMIT17 TEES.—The term ‘‘congressional intelligence commit18 tees’’ means—

19 (A) the Select Committee on Intelligence of

20 the Senate; and

21 (B) the Permanent Select Committee on In22 telligence of the House of Representatives.
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1 TITLE I—INTELLIGENCE

2 COMMUNITY GENERALLY

3 Subtitle A—Director of Central

4 Intelligence

5 SEC. 101. DIRECTOR OF CENTRAL INTELLIGENCE.

6 (a) DIRECTOR OF CENTRAL INTELLIGENCE.—There is

7 a Director of Central Intelligence. The Director of Central

8 Intelligence is—

9 (1) the principal adviser to the President and

10 the National Security Council for intelligence matters

11 related to the national security; and

12 (2) the head of the Intelligence Community.

13 (b) APPOINTMENT.—The Director of Central Intel14 ligence is appointed by the President, by and with the ad15 vice and consent of the Senate.

16 SEC. 102. GENERAL INTELLIGENCE RESPONSIBILITIES OF

17 THE DIRECTOR.

18 (a) PROVISION OF INTELLIGENCE TO THE PRESI19 DENT.—Under the direction of the National Security Coun20 cil, the Director of Central Intelligence shall be responsible

21 for providing intelligence to the President.

22 (b) PROVISION OF INTELLIGENCE TO OTHERS.—Under

23 the direction of the National Security Council, the Director

24 of Central Intelligence shall be responsible for providing in25 telligence—
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1 (1) to the heads of departments and agencies of

2 the executive branch;

3 (2) to the Chairman of the Joint Chiefs of Staff,

4 to the commanders of the unified combatant com5 mands, and to other senior military commanders;

6 and

7 (3) to the Senate and House of Representatives

8 and the appropriate committees thereof.

9 (c) INTELLIGENCE TO BE OBJECTIVE AND TIMELY.—

10 Intelligence provided by the Director pursuant to this sec11 tion should be timely and objective and shall be provided

12 independent of political considerations or bias and based

13 upon all sources available to the Intelligence Community.

14 SEC. 103. PREPARATION OF ANNUAL BUDGET FOR NA15 TIONAL FOREIGN INTELLIGENCE PROGRAM.

16 The Director of Central Intelligence shall develop (in

17 accordance with subtitle B of title II) and present to the

18 President an annual budget for the National Foreign Intel19 ligence Program of the United States.

20 SEC. 104. FOREIGN INTELLIGENCE COLLECTION.

21 The Director of Central Intelligence shall establish the

22 requirements and priorities to govern the collection of na23 tional intelligence by elements of the Intelligence Commu24 nity and shall manage the collection capabilities of the In-
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1 telligence Community to ensure that national requirements

2 are met.

3 SEC. 105. PROTECTION OF SOURCES AND METHODS.

4 The Director of Central Intelligence shall protect intel5 ligence sources and methods from unauthorized disclosure.

6 SEC. 106. PROMOTION AND EVALUATION OF THE USEFUL7 NESS OF INTELLIGENCE TO CONSUMERS.

8 The Director of Central Intelligence shall promote and

9 evaluate the quality and usefulness of national intelligence

10 to consumers within the Government.

11 SEC. 107. ELIMINATION OF WASTE AND UNNECESSARY DU12 PLICATION.

13 The Director of Central Intelligence, in cooperation

14 with the heads of the elements of the Intelligence Commu15 nity shall eliminate waste and unnecessary duplication

16 within the Intelligence Community.

17 SEC. 108. OTHER FUNCTIONS.

18 The Director of Central Intelligence shall perform such

19 other functions as the President or the National Security

20 Council may direct.

21 SEC. 109. PROHIBITION ON LAW ENFORCEMENT POWERS

22 AND INTERNAL SECURITY FUNCTIONS.

23 The Director of Central Intelligence shall have no po24 lice, subpoena, or law enforcement powers or internal secu25 rity functions.
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1 SEC. 110. ACCESS TO INTELLIGENCE.

2 To the extent recommended by the National Security

3 Council and approved by the President, the Director of

4 Central Intelligence shall have access to all intelligence re5 lated to the national security which is collected by any de6 partment, agency, or other entity of the United States.

7 SEC. 111. COORDINATION WITH FOREIGN GOVERNMENTS.

8 Under the direction of the National Security Council

9 and in a manner consistent with section 207 of the Foreign

10 Service Act of 1980 (22 U.S.C. 3927), the Director shall

11 coordinate the relationships between elements of the Intel12 ligence Community and the intelligence or security services

13 of foreign governments on all matters involving intelligence

14 related to the national security or involving intelligence ac15 quired through clandestine means.

16 Subtitle B—Deputy Directors of

17 Central Intelligence

18 SEC. 121. DEPUTY DIRECTORS OF CENTRAL INTELLIGENCE.

19 (a) POSITIONS.—There is a Deputy Director of

20 Central Intelligence, and there is a Deputy Director of

21 Central Intelligence for Community Management.

22 (b) APPOINTMENT.—Each Deputy Director shall be

23 appointed by the President, by and with the advice and

24 consent of the Senate.

25 (c) QUALIFICATIONS.—Each Deputy Director shall

26 have extensive national security experience.
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1 SEC. 122. DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE.

2 (a) IN GENERAL.—The Deputy Director of Central In3 telligence shall act for, and exercise the powers of, the Direc4 tor of Central Intelligence during the Director’s absence or

5 disability or during a vacancy in office of the Director of

6 Central Intelligence.

7 (b) PRECEDENCE.—The Deputy Director of Central

8 Intelligence takes precedence immediately after the Director

9 of Central Intelligence.

10 SEC. 123. DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE

11 FOR COMMUNITY MANAGEMENT.

12 Subject to the direction of the Director of Central Intel13 ligence, the Deputy Director of Central Intelligence for

14 Community Management shall be responsible for the follow15 ing:

16 (1) Directing the operations of the Community

17 Management Staff.

18 (2) Directing the operations of the Infrastructure

19 Support Office.

20 (3) Performing community-wide management

21 functions, including the management of personnel, re22 sources, and requirements.

23 (4) Managing community-wide research and de24 velopment.
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1 SEC. 124. CIVILIAN AND MILITARY STATUS OF DIRECTOR OF

2 CENTRAL INTELLIGENCE AND DEPUTIES.

3 (a) LIMITATION ON ACTIVE DUTY STATUS.—Not more

4 than one individual serving in the following positions may

5 be on active duty in the Armed Forces while serving in that

6 position:

7 (1) The Director of Central Intelligence.

8 (2) The two Deputy Directors of Central Intel9 ligence.

10 (b) APPOINTMENT AND RANK.—An individual serving

11 in a position specified in paragraph (1) or (2) of subsection

12 (a) who is on active duty in the Armed Forces shall be ap13 pointed from among the officers of the Armed Forces on the

14 active-duty list. The Director of Central Intelligence may

15 hold the grade of general or admiral while so serving and

16 a Deputy Director of Central Intelligence may hold the rank

17 of lieutenant general or vice admiral while so serving.

18 (c) ROLE AS OFFICER OF ARMED FORCES.—A com19 missioned officer of the Armed Forces, while serving in a

20 position specified in paragraph (1) or (2) of subsection

21 (a)—

22 (1) shall not be subject to supervision or control

23 by the Secretary of Defense or by any officer or em24 ployee of the Department of Defense;

25 (2) shall not exercise, by reason of the officer’s

26 status as a commissioned officer, any supervision or
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1 control with respect to any of the military or civilian

2 personnel of the Department of Defense except as au3 thorized by this title; and

4 (3) shall not be counted against the numbers and

5 percentages of commissioned officers of the rank and

6 grade of such officer authorized for the military de7 partment of that officer.

8 (d) MILITARY BENEFITS.—Except as provided in

9 paragraph (1) or (2) of subsection (c), the appointment of

10 an officer of the Armed Forces to a position specified in

11 paragraph (1) or (2) of subsection (a) shall not affect the

12 status, position, rank, or grade of such officer in the Armed

13 Forces, or any emolument, perquisite, right, privilege, or

14 benefit incident to or arising out of any such status, posi15 tion, rank, or grade.

16 (e) PAY.—An officer of the Armed Forces appointed

17 to a position specified in paragraph (1) or (2) of subsection

18 (a), while serving in such position, shall continue to receive

19 military pay and allowances payable to a commissioned

20 officer of that officer’s grade and length of service for which

21 the appropriate military department shall be reimbursed

22 from funds available to the Director of Central Intelligence.

23 In addition to any pay or allowance payable under this

24 subsection, such officer shall also receive, out of funds avail25 able to the Director of Central Intelligence, annual com-
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1 pensation in an amount by which the annual rate of com2 pensation payable for such position exceeds the total of that

3 officer’s annual rate of military pay and allowances.

4 Subtitle C—The Intelligence

5 Community

6 SEC. 131. ELEMENTS OF THE INTELLIGENCE COMMUNITY.

7 The Intelligence Community of the United States Gov8 ernment consists of the following:

9 (1) The Office of the Director of Central Intel10 ligence, which shall include the Offices of the Deputy

11 Directors of Central Intelligence and such other offices

12 as the Director may designate.

13 (2) The Community Management Staff.

14 (3) The National Intelligence Evaluation Coun15 cil.

16 (4) The Central Intelligence Agency.

17 (5) The Defense Intelligence Agency.

18 (6) The National Security Agency.

19 (7) The National Reconnaissance Office.

20 (8) The Central Imagery Office.

21 (9) The Infrastructure Support Office.

22 (10) The intelligence elements of the Army, the

23 Navy, the Air Force, the Marine Corps, and the Coast

24 Guard.
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1 (11) The intelligence elements of the Federal Bu2 reau of Investigation, the Department of the Treas3 ury, the Department of Energy, and the Drug En4 forcement Administration.

5 (12) The Bureau of Intelligence and Research of

6 the Department of State.

7 (13) Such other offices and entities as are estab8 lished by law under the authority of the Director of

9 Central Intelligence or as may be provided by law or

10 by the President to be a component of the Intelligence

11 Community.

12 SEC. 132. INTELLIGENCE COMMUNITY INSPECTOR GEN13 ERAL FORUM.

14 (a) ESTABLISHMENT.—There is hereby established an

15 Intelligence Community Inspector General Forum (herein16 after in this section referred to as the ‘‘Forum’’).

17 (b) MISSION.—The Forum shall provide a mechanism

18 for sharing information among those Inspectors General

19 whose duties and responsibilities include audit, inspection,

20 or investigation relating to programs and operations of ele21 ments within the Intelligence Community to ensure ade22 quate Inspector General oversight with respect to those pro23 grams and operations and to coordinate efforts with a view

24 toward preventing duplication.

25 (c) MEMBERSHIP.—
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1 (1) The Forum shall consist of the following

2 members:

3 (A) The Inspector General of the Depart4 ment of Defense.

5 (B) The Inspector General of the Central

6 Intelligence Agency.

7 (C) The Inspector General of the Depart8 ment of State.

9 (D) The Inspector General of the Depart10 ment of the Treasury.

11 (E) The Inspector General of the Depart12 ment of Justice.

13 (F) The Inspector General of the Depart14 ment of Energy.

15 (G) The Inspector General of any other ele16 ment within the Intelligence Community, regard17 less of whether the position of such Inspector

18 General is created by statute.

19 (H) Such other Federal officials as the co20 chairs of the Forum may invite to attend meet21 ings whenever matters of interest to them are

22 scheduled to be discussed.

23 (2) The Forum shall be co-chaired by the Inspec24 tor General of the Department of Defense and the In25 spector General of the Central Intelligence Agency.
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1 (3) The co-chairs may establish such subcommit2 tees or working groups as they consider appropriate

3 to support the work of the Forum.

4 (4) There shall be an Executive Secretary for the

5 Forum to be appointed from the Office of the Inspec6 tor General of the Department of Defense.

7 (d) MEETINGS.—The Forum shall meet at least quar8 terly, and more often as the co-chairs consider necessary.

9 The Director of Central Intelligence, the Secretaries of De10 fense, State, the Treasury, and Energy, and the Attorney

11 General of the United States shall be given as much advance

12 notice as practicable before each meeting of the Forum.

13 (e) FUNCTIONS.—

14 (1) The Forum shall ensure adequate Inspector

15 General oversight over programs and operations of

16 elements within the Intelligence Community under the

17 jurisdiction of two or more statutory Inspectors Gen18 eral. In this regard, the Director of Central Intel19 ligence, the Secretaries of Defense, State, the Treas20 ury, and Energy, and the Attorney General may each

21 submit to the Forum or to their respective statutory

22 Inspector General requests for an Inspector General

23 audit, inspection, or investigation with respect to any

24 program or operation of an element within the Intel-
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1 ligence Community under the jurisdiction of two or

2 more statutory Inspectors General.

3 (2) The Forum shall serve as a focal point for

4 discussions of mutual interest to the Inspectors Gen5 eral concerning oversight of elements within the Intel6 ligence Community, including—

7 (A) policies and procedures for conducting

8 audits, inspections, or investigations into pro9 grams and operations of elements within the In10 telligence Community under the jurisdiction of

11 two or more statutory Inspectors General; and

12 (B) qualifications and training for audi13 tors, inspectors, and investigators who will be as14 signed to conduct audits, inspections, or inves15 tigations into programs and operations of ele16 ments within the Intelligence Community under

17 the jurisdiction of two or more statutory Inspec18 tors General.

19 (3) The Forum shall keep the Director of Central

20 Intelligence, the Secretary of the appropriate Depart21 ment, and the head of the appropriate element within

22 the Intelligence Community informed of issues identi23 fied in audits, inspections or investigations of pro24 grams, or operations of elements within the Intel-
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1 ligence Community under the jurisdiction of two or

2 more statutory Inspectors General.

3 (4) This section shall not preclude and is not in4 tended to preclude an Inspector General from inde5 pendently initiating any audit, inspection, or inves6 tigation of programs or operations within their re7 spective establishment as they consider appropriate in

8 accordance with the Inspector General Act of 1978, or

9 section 17 of the Central Intelligence Agency Act of

10 1949, as appropriate.

11 (f) RESPONSIBILITIES.—Members of the Forum

12 shall—

13 (1) designate a point of contact within their re14 spective organizations to receive and provide informa15 tion regarding Forum activities; and

16 (2) provide staff and other resources for the au17 dits, inspections and investigations of programs, or

18 operations that involve two or more elements within

19 the Intelligence Community.

20 (g) REPORT ON INSPECTOR GENERAL FOR THE INTEL21 LIGENCE COMMUNITY.—Not later than April 15, 1997, the

22 Forum shall submit to the congressional intelligence com23 mittees a report on the feasibility of, and costs and benefits

24 associated with, creating an Inspector General for the Intel25 ligence Community.
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1 Subtitle D—Annual Reports

2 SEC. 141. ANNUAL REPORT ON INTELLIGENCE COMMUNITY

3 ACTIVITIES.

4 (a) IN GENERAL.—The Director of Central Intelligence

5 shall submit to Congress an annual report on the activities

6 of the Intelligence Community. The annual report shall be

7 unclassified.

8 (b) MATTERS TO BE COVERED IN ANNUAL REPORT.—

9 Each report under this section shall describe—

10 (1) the activities of the Intelligence Community

11 during the preceding fiscal year, including significant

12 successes and failures that can be described in an un13 classified manner; and

14 (2) the areas of the world and the issues that the

15 Director expects will require increased or unusual at16 tention from the Intelligence Community during the

17 next fiscal year.

18 (c) TIME FOR SUBMISSION.—The report under this sec19 tion for any year shall be submitted at the same time that

20 the President submits the budget for the next fiscal year

21 pursuant to section 1105 of title 31, United States Code.
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1 TITLE II—INTELLIGENCE

2 COMMUNITY MANAGEMENT

3 Subtitle A—Intelligence Community

4 Functions

5 SEC. 201. COMMUNITY MANAGEMENT STAFF.

6 There is a Community Management Staff.

7 SEC. 202. FUNCTIONS OF THE COMMUNITY MANAGEMENT

8 STAFF.

9 (a) IN GENERAL.—The Deputy Director of Central In10 telligence for Community Management, acting through the

11 Community Management Staff, shall provide corporate

12 management of the following Intelligence Community-wide

13 functions:

14 (1) Requirements and collection management.

15 (2) Planning, programming, budgeting, and ac16 counting for the National Foreign Intelligence Pro17 gram.

18 (3) Research and development activities.

19 (b) COORDINATION WITH THE DMI STAFF.—The Dep20 uty Director of Central Intelligence for Community Man21 agement shall coordinate the functions referred to in para22 graphs (1) through (3) of subsection (a) with the Director

23 of Military Intelligence.
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1 Subtitle B—National Foreign

2 Intelligence Program

3 SEC. 221. BUDGETS.

4 (a) PREPARATION.—The Deputy Director of Central

5 Intelligence for Community Management, in consultation

6 with the elements of the Intelligence Community, shall pre7 pare the annual budgets of the National Foreign Intel8 ligence Program.

9 (b) APPROVAL OF BUDGETS.—The Director of Central

10 Intelligence shall approve the budgets prepared under sub11 section (a) before their incorporation in the National For12 eign Intelligence Program.

13 (c) ACCOUNTING.—The Director of Central Intel14 ligence, acting through the Deputy Director of Central In15 telligence for Community Management, shall budget and ac16 count for financial resources on a community-wide basis

17 by the functional categories of collection, processing, exploi18 tation, analysis, dissemination, and infrastructure.

19 (d) IDENTIFICATION OF CONSTITUENT COMPONENTS

20 OF BASE INTELLIGENCE BUDGET.—The Director of Central

21 Intelligence shall include in the congressional budget jus22 tification materials provided to the congressional intel23 ligence committees in connection with the annual submis24 sion of the National Foreign Intelligence Program for a fis25 cal year the same level of budgetary detail for that part
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1 of the National Foreign Intelligence Program budget identi2 fied as the Base Budget that is provided for that part of

3 such budget identified as Ongoing Initiatives and New Ini4 tiatives.

5 SEC. 222. COMPTROLLER FUNCTIONS OF COMMUNITY MAN6 AGEMENT STAFF.

7 (a) EXECUTION REVIEW.—The Community Manage8 ment Staff shall perform budget execution review of ele9 ments of the Intelligence Community and shall have the au10 thority to recommend to the comptroller of the Department

11 of Defense that authorized and appropriated intelligence

12 funds be withheld in those instances in which elements of

13 the Intelligence Community within the Department of De14 fense are not complying with guidance from the Director

15 of Central Intelligence or applicable law.

16 (b) ACCOUNTING SYSTEM.—The Deputy Director of

17 Central Intelligence for Community Management shall es18 tablish and maintain an Intelligence Community-wide

19 automated system for programming, budgeting, accounting,

20 and execution review of the National Foreign Intelligence

21 Program.

22 SEC. 223. LIMITATIONS ON TRANSFERS AND REPROGRAM23 MING.

24 (a) LIMITATION ON NEW USE OF FUNDS AVAILABLE

25 FOR INTELLIGENCE ACTIVITIES.—Funds may not be made
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1 available through transfer, reprogramming, or other means

2 between the Central Intelligence Agency and the Depart3 ment of Defense for any intelligence or special activity dif4 ferent from that previously justified to the Congress unless

5 the Director of Central Intelligence or the Secretary of De6 fense notifies in advance the Permanent Select Committee

7 on Intelligence of the House of Representatives, the Select

8 Committee on Intelligence of the Senate, and the Commit9 tees on Appropriations of the Senate and House of Rep10 resentatives of the intent to make such funds available for

11 such activity.

12 (b) LIMITATION ON AMOUNTS TRANSFERRED.—The

13 amount that may be transferred from any account of an

14 element of the Intelligence Community for any fiscal year

15 may not exceed five percent of the aggregate portion of the

16 National Foreign Intelligence Program budget of that ele17 ment for that fiscal year.

18 (c) LIMITATION ON TRANSFER OF FUNDS AVAILABLE

19 FOR DRUG INTERDICTION OR COUNTER-DRUG PUR20 POSES.—None of the funds available to the Central Intel21 ligence Agency for any fiscal year for drug interdiction and

22 counter-drug activities may be transferred to any other de23 partment or agency of the United States except as specifi24 cally provided in an appropriations law.
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1 SEC. 224. TRANSFER OF FUNDS OR PERSONNEL WITHIN

2 THE NATIONAL FOREIGN INTELLIGENCE PRO3 GRAM.

4 (a) GENERAL AUTHORITY.—In addition to any other

5 authorities available under law for such purposes, the Di6 rector of Central Intelligence, with the approval of the Di7 rector of the Office of Management and Budget, may trans8 fer funds appropriated for a program within the National

9 Foreign Intelligence Program to another such program and,

10 in accordance with procedures to be developed by the Direc11 tor and the heads of affected departments and agencies, may

12 transfer personnel authorized for an element of the Intel13 ligence Community to another such element for periods up

14 to a year.

15 (b) CONDITIONS.—A transfer of funds or personnel

16 may be made under this section only if—

17 (1) the funds or personnel are being transferred

18 to an activity that is a higher priority intelligence

19 activity;

20 (2) the need for funds or personnel for such ac21 tivity is based on unforeseen requirements;

22 (3) the transfer does not involve a transfer of

23 funds to the Reserve for Contingencies of the Director

24 of Central Intelligence; and
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1 (4) the transfer does not involve a transfer of

2 funds or personnel from the Federal Bureau of Inves3 tigation.

4 (c) AVAILABILITY OF TRANSFERRED FUNDS.—Funds

5 transferred under this subsection shall remain available for

6 the same period as the appropriations account to which

7 such funds are transferred.

8 (d) NOTIFICATION OF CONGRESS.—Any transfer of

9 funds under this section shall be carried out in accordance

10 with existing procedures applicable to reprogramming noti11 fications for the appropriate congressional committees. Any

12 proposed transfer for which notice is given to the appro13 priate congressional committees shall be accompanied by a

14 report explaining the nature of the proposed transfer and

15 how it satisfies the requirements of this subsection. In addi16 tion, the congressional intelligence committees shall be

17 promptly notified of any transfer of funds made pursuant

18 to this subsection in any case in which the transfer would

19 not have otherwise required reprogramming notification

20 under procedures in effect as of October 24, 1992.

21 (e) REPORT ON PERSONNEL TRANSFERS.—The Direc22 tor shall promptly submit to the congressional intelligence

23 committees and, in the case of the transfer of personnel to

24 or from the Department of Defense, the Committee on

25 Armed Services of the Senate and the Committee on Na-
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1 tional Security of the House of Representatives, a report

2 on any transfer of personnel made pursuant to this section.

3 The Director shall include in any such report an expla4 nation of the nature of the transfer and how it satisfies the

5 requirements of this subsection.

6 SEC. 225. LIMITATION ON REPROGRAMMING.

7 No funds made available under the National Foreign

8 Intelligence Program may be reprogrammed by any element

9 of the Intelligence Community without the prior approval

10 of the Director of Central Intelligence except in accordance

11 with procedures issued by the Director.

12 Subtitle C—Personnel

13 SEC. 231. USE OF PERSONNEL.

14 The Director of Central Intelligence shall, in coordina15 tion with the heads of departments and agencies with ele16 ments in the Intelligence Community, institute policies and

17 programs within the Intelligence Community—

18 (1) to provide for the rotation of personnel be19 tween the elements of the Intelligence Community,

20 where appropriate, and to make such rotated service

21 a factor to be considered for promotion to senior posi22 tions;

23 (2) to consolidate, wherever possible, personnel,

24 administrative, and security programs to reduce the
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1 overall costs of these activities within the Intelligence

2 Community;

3 (3) to ensure the maintenance of effective per4 formance evaluation systems with common standards

5 throughout the national Intelligence Community; and

6 (4) to develop a community-wide career develop7 ment program that emphasizes corporate management

8 skills.

9 SEC. 232. AUTHORITY TO TERMINATE EMPLOYMENT OF

10 CERTAIN EMPLOYEES.

11 (a) IN GENERAL.—The Director of Central Intelligence

12 may, in the Director’s discretion, terminate the employment

13 of any officer or employee of the Central Intelligence Agency

14 or the Community Management Staff whenever the Director

15 considers such termination to be necessary or advisable in

16 the interests of the United States.

17 (b) OTHER EMPLOYMENT IN THE GOVERNMENT.—Any

18 such termination does not affect the right of the individual

19 whose employment is so terminated to seek or accept em20 ployment in any other department or agency of the Govern21 ment if declared eligible for such employment by the Office

22 of Personnel Management.

23 SEC. 233. INTELLIGENCE COMMUNITY RESERVE.

24 (a) ESTABLISHMENT.—The Director of Central Intel25 ligence shall establish an Intelligence Community Reserve.
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1 (b) MEMBERS.—The Intelligence Community Reserve

2 may consist of former or retired personnel of elements of

3 the Intelligence Community (including individuals with ex4 pertise in all-source analysis and individuals who are lin5 guists) and of other qualified individuals drawn from non6 Intelligence Community sources, as determined by the Di7 rector of Central Intelligence. Each member of the Intel8 ligence Community Reserve shall agree that, during any pe9 riod of emergency (as determined by the Director), the mem10 ber shall enter into or return to active civilian status within

11 the Intelligence Community and shall perform such duties

12 as the Director may assign.

13 (c) MONETARY INCENTIVES.—In order to attract indi14 viduals to become members of the Intelligence Community

15 Reserve, the Director, without regard to subchapter IV of

16 chapter 55 of title 5, United States Code, may provide spe17 cial monetary incentives to individuals eligible to become

18 members of the Reserve who agree to become members of

19 the Intelligence Community Reserve and to acquire or re20 tain proficiency in such skills as the Director shall specify.

21 (d) TRAINING AND SUPPORT.—In order to provide

22 training and support for members of the Intelligence Com23 munity Reserve, the Director—
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1 (1) may pay all or part of the expenses related

2 to the training of individuals in the Intelligence Com3 munity Reserve; and

4 (2) may pay benefits and allowances in accord5 ance with chapters 57 and 59 of title 5, United States

6 Code, to individuals in the Intelligence Community

7 Reserve who are assigned to training at sites away

8 from their homes or regular places of business.

9 (e) SERVICE AGREEMENTS.—(1) The Director, before

10 providing training under this section to any individual,

11 may obtain an agreement with that individual that—

12 (A) in the case of current employees, pertains to

13 continuation of service of the employee, and repay14 ment of the expenses of such training for failure to

15 fulfill the agreement, consistent with the provisions of

16 section 4108 of title 5, United States Code; and

17 (B) in the case of individuals accepted for mem18 bership in the Intelligence Community Reserve, per19 tains to return to service when requested, and repay20 ment of the expenses of such training for failure to

21 fulfill the agreement, consistent with the provisions of

22 section 4108 of title 5, United States Code.

23 (2) The Director, under regulations prescribed under

24 this section, may waive, in whole or in part, a right of

25 recovery under an agreement made under this subsection
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1 if it is shown that the recovery would be against equity

2 and good conscience or against the public interest.

3 (f) APPLICABILITY OF VOLUNTARY SEPARATION PAY

4 ACT.—(1) Participation in the Intelligence Community Re5 serve through the receipt of monetary incentives under sub6 section (c) does not constitute employment with the Govern7 ment of the United States for purposes of the Central Intel8 ligence Agency Voluntary Separation Pay Act (50 U.S.C.

9 403–4).

10 (2) Performing service in an active duty status under

11 subsection (d) does constitute employment with the Govern12 ment of the United States for purposes of the Central Intel13 ligence Agency Voluntary Separation Pay Act (50 U.S.C.

14 403–4), and the repayment requirement of section 2(b) of

15 that Act applies unless waived in accordance with such sec16 tion 2(b).

17 Subtitle D—Infrastructure Support

18 Office

19 SEC. 241. ESTABLISHMENT OF INFRASTRUCTURE SUPPORT

20 OFFICE.

21 (a) ESTABLISHMENT.—There is within the Intelligence

22 Community the Infrastructure Support Office.

23 (b) DIRECTOR.—The Office shall be headed by a Direc24 tor, who shall be appointed by the Director of Central Intel25 ligence.
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1 SEC. 242. RESPONSIBILITIES OF DIRECTOR OF THE INFRA2 STRUCTURE SUPPORT OFFICE.

3 (a) IN GENERAL.—Under the direction of the Deputy

4 Director of Central Intelligence for Community Manage5 ment, the Director of the Infrastructure Support Office shall

6 be responsible for administrative and logistical functions

7 relating to infrastructure and services of common concern

8 to elements of the Intelligence Community. Such functions

9 shall include the following:

10 (1) Personnel management.

11 (2) Security.

12 (3) Community-level training.

13 (4) Communications.

14 (5) Automation.

15 (6) Such additional functions as may be as16 signed by the Director of Central Intelligence.

17 (b) AUTOMATION EQUIPMENT.—The Director of the In18 frastructure Support Office shall establish standards and

19 information architectures for automation equipment

20 throughout the Intelligence Community. The Director shall

21 be responsible for life-cycle management, replacement, and

22 upgrading of such equipment.

23 (c) COORDINATION AMONG ELEMENTS OF INTEL24 LIGENCE COMMUNITY.—The Director of Central Intelligence

25 and the Secretary of Defense, as appropriate, shall require

26 the head of each element of the Intelligence Community to
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1 report to the Director of the Infrastructure Support Office

2 on those functions and activities that can be consolidated

3 in the Infrastructure Support Office so as to achieve cost

4 savings and efficiencies for the Intelligence Community as

5 a whole.

6 Subtitle E—Intelligence Community

7 Administration

8 SEC. 251. SECRECY AGREEMENTS USED IN INTELLIGENCE

9 ACTIVITIES.

10 Notwithstanding any other provision of law not spe11 cifically referencing this section, a nondisclosure policy

12 form or agreement that is to be executed by a person con13 nected with the conduct of an intelligence or intelligence14 related activity, other than an employee or officer of the

15 United States Government, may contain provisions appro16 priate to the particular activity for which such document

17 is to be used. Such form or agreement shall, at a mini18 mum—

19 (1) require that the person will not disclose any

20 classified information received in the course of such

21 activity unless specifically authorized to do so by the

22 United States Government; and

23 (2) provide that the form or agreement does not

24 bar—

25 (A) disclosures to Congress; or
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1 (B) disclosures to an authorized official of

2 an executive agency that are considered essential

3 to reporting a violation of United States law.

4 SEC. 252. COORDINATION OF COUNTERINTELLIGENCE MAT5 TERS WITH THE FEDERAL BUREAU OF INVES6 TIGATION.

7 (a) COORDINATION BY OTHER AGENCIES WITH

8 FBI.—(1) The head of each department or agency within

9 the executive branch shall ensure that the Director of the

10 Federal Bureau of Investigation is informed immediately

11 of any information, regardless of its origin, which indicates

12 that classified information is being, or may have been, dis13 closed in an unauthorized manner to a foreign power or

14 an agent of a foreign power.

15 (2) Following the making of a report under paragraph

16 (1), the head of the department or agency making the report

17 shall ensure that the Director of the Federal Bureau of In18 vestigation is consulted with respect to all subsequent ac19 tions that may be undertaken by the department or agency

20 to determine the source of such unauthorized disclosure.

21 (3) When, after appropriate consultation with the head

22 of the department or agency concerned, the Director of the

23 Federal Bureau of Investigation undertakes investigative

24 activities to determine the source of the unauthorized disclo25 sure, the head of the department or agency concerned shall
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1 ensure that the Director is given complete and timely access

2 to the employees and records of that department or agency

3 for purposes of such investigative activities.

4 (b) COORDINATION BY FBI WITH OTHER AGENCIES.—

5 (1) The Director of the Federal Bureau of Investigation

6 shall ensure that when the Bureau obtains espionage infor7 mation pertaining to the personnel, operations, or informa8 tion of another department or agency of the executive

9 branch, such information is provided through appropriate

10 channels to the head of that department or agency.

11 (2) The Director shall ensure that when the Bureau

12 undertakes an espionage investigation which involves the

13 personnel, operations, or information of another depart14 ment or agency of the executive branch after a report is

15 provided pursuant to subsection (a)(1), the head of that de16 partment or agency is consulted with respect to that inves17 tigation.

18 (c) PRESIDENTIAL WAIVER AUTHORITY.—(1) When es19 sential to meet extraordinary circumstances affecting vital

20 national security interests of the United States as deter21 mined by the President, the President may, on a case-by22 case basis, waive the requirements of subsection (a) or (b),

23 as they apply to the head of a particular department or

24 agency or to the Director of the Federal Bureau of Inves25 tigation.
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1 (2) Such a waiver shall be in writing and shall fully

2 state the justification for the waiver.

3 (3) Within 30 days after issuing such a waiver, the

4 President shall notify the congressional intelligence commit5 tees that the waiver has been issued and, at that time or

6 as soon thereafter as national security considerations per7 mit, shall provide those committees with a complete expla8 nation of the circumstances which necessitated the waiver.

9 (d) ANNUAL REPORT.—The Director of the Federal

10 Bureau of Investigation shall, not later than February 1

11 of each year, submit to the congressional intelligence com12 mittees and, in accordance with applicable security proce13 dures, the Committees on the Judiciary of the Senate and

14 House of Representatives a report with respect to compli15 ance with subsections (a) and (b) during the previous cal16 endar year. Each such report shall be prepared in consulta17 tion with the Director of Central Intelligence and the Sec18 retary of Defense.

19 (e) RELATIONSHIP TO DEPARTMENT OF DEFENSE AU20 THORITY OVER PERSONS SUBJECT TO UCMJ.—Nothing in

21 this section may be construed to—

22 (1) alter the jurisdictional arrangements in effect

23 as of October 14, 1994, between the Federal Bureau

24 of Investigation and the Department of Defense with

25 respect to investigations of persons subject to the Uni-
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1 form Code of Military Justice (chapter 47 of title 10,

2 United States Code); or

3 (2) impose reporting requirements upon the De4 partment of Defense with respect to such investiga5 tions beyond those required by law and executive

6 branch policy as of October 14, 1994.

7 (f) DEFINITIONS.—As used in this section, the terms

8 ‘‘foreign power’’ and ‘‘agent of a foreign power’’ have the

9 meanings set forth in sections 101(a) and 101(b), respec10 tively, of the Foreign Intelligence Surveillance Act of 1978

11 (50 U.S.C. 1801).

12 SEC. 253. INTELLIGENCE COMMUNITY CONTRACTING.

13 The Director of Central Intelligence shall direct that

14 elements of the Intelligence Community, whenever compat15 ible with the national security interests of the United States

16 and consistent with the operational and security concerns

17 related to the conduct of intelligence activities, and where

18 fiscally sound, shall award contracts in a manner that

19 would maximize the procurement of products in the United

20 States.
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1 TITLE III—INTELLIGENCE

2 COMMUNITY AGENCIES

3 Subtitle A—Central Intelligence

4 Agency

5 SEC. 301. CENTRAL INTELLIGENCE AGENCY.

6 There is a Central Intelligence Agency. The Central In7 telligence Agency is the principal all-source national intel8 ligence analytical agency. The Director of Central Intel9 ligence is the head of the Central Intelligence Agency.

10 SEC. 302. DUTIES OF DIRECTOR OF CENTRAL INTEL11 LIGENCE WITH REGARD TO THE CENTRAL IN12 TELLIGENCE AGENCY.

13 The Director of Central Intelligence, as head of the

14 Central Intelligence Agency, shall—

15 (1) correlate and evaluate intelligence related to

16 the national security;

17 (2) provide appropriate dissemination of such

18 intelligence; and

19 (3) coordinate and manage all human intel20 ligence activities within the Intelligence Community.

21 SEC. 303. FUNCTIONS OF THE CENTRAL INTELLIGENCE

22 AGENCY.

23 The Director of Central Intelligence, as head of the

24 Central Intelligence Agency, shall perform the following

25 functions:
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1 (1) ANALYSIS AND PRODUCTION.—

2 (A) Correlating and evaluating intelligence

3 related to national security collected from all

4 sources available throughout the Intelligence

5 Community and facilitating appropriate dis6 semination of such intelligence.

7 (B) Coordinating analyses conducted by the

8 elements of the Intelligence Community and es9 tablishing procedures for collaborative all-source

10 analysis.

11 (C) Producing national intelligence esti12 mates.

13 (D) Managing the acquisition and incorpo14 ration of all-source intelligence into the commu15 nity all-source analytical process.

16 (2) COLLECTION OF INTELLIGENCE THROUGH

17 HUMAN SOURCES.—

18 (A) Collecting national intelligence clandes19 tinely through human sources and by other ap20 propriate means, using the elements of the Intel21 ligence Community authorized to undertake such

22 collection.

23 (B) Ensuring that the most effective use is

24 made of resources authorized for the purposes of

25 subparagraph (A) and minimizing the risks to
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1 the United States inherent in clandestine collec2 tion operations.

3 (C) Managing the administrative and tech4 nical support activities of the Intelligence Com5 munity necessary to carrying out clandestine

6 collection.

7 (D) Performing such other functions as the

8 Director of Central Intelligence may direct.

9 SEC. 304. AGREEMENT TO TRANSFER DOD CLANDESTINE

10 HUMINT TO CIA.

11 The Secretary of Defense shall enter into an agreement

12 with the Director of Central Intelligence to transfer from

13 the Secretary of Defense the responsibilities and authorities

14 of the Secretary for the clandestine collection of intelligence

15 by human sources conducted by the Defense Human Intel16 ligence Service as of the date of the enactment of this Act.

17 Subtitle B—The National

18 Intelligence Evaluation Council

19 SEC. 321. NATIONAL INTELLIGENCE EVALUATION COUNCIL.

20 (a) ESTABLISHMENT.—There is within the Intelligence

21 Community the National Intelligence Evaluation Council.

22 (b) MEMBERS.—The National Intelligence Evaluation

23 Council shall be composed of senior analysts within the In24 telligence Community and may include substantive experts

25 from the public and private sector. Members of the Council
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1 shall be appointed by, report to, and serve at the pleasure

2 of, the Director of Central Intelligence. The Director of

3 Central Intelligence shall appoint the head of the Council

4 from among its members, who shall report directly to the

5 Director of Central Intelligence.

6 (c) SECURITY REQUIREMENTS.—The Director of

7 Central Intelligence shall prescribe appropriate security re8 quirements for personnel appointed from the private sector

9 as a condition of service on the Council to ensure the protec10 tion of intelligence sources and methods while avoiding,

11 wherever possible, unduly intrusive requirements which the

12 Director considers to be unnecessary for this purpose.

13 SEC. 322. FUNCTIONS OF THE NATIONAL INTELLIGENCE

14 EVALUATION COUNCIL.

15 The National Intelligence Evaluation Council shall

16 evaluate Intelligence Community-wide collection and pro17 duction of intelligence, as well as the requirements and re18 sources for such collection and production. Such evaluation

19 shall be performed in consultation with both Deputy Direc20 tors of Central Intelligence and with the Director of Mili21 tary Intelligence.

22 SEC. 323. STAFFING OF THE NATIONAL INTELLIGENCE

23 EVALUATION COUNCIL.

24 The Director of Central Intelligence shall make avail25 able to the National Intelligence Evaluation Council such
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1 staff as may be necessary to permit the Council to carry

2 out its responsibilities under this subtitle and shall take ap3 propriate measures to ensure that the Council and its staff

4 satisfy the needs of policymaking officials and other con5 sumers of intelligence.

6 Subtitle C—Future of Intelligence

7 Collection

8 SEC. 331. PANEL ON THE FUTURE OF INTELLIGENCE COL9 LECTION.

10 (a) STUDY.—The Director of Central Intelligence and

11 the Secretary of Defense shall arrange for a study to be con12 ducted on the future of intelligence collection, in terms of

13 managing collection resources in a more consolidated, syn14 ergistic manner. The study is not limited to, but should in15 clude specific examination of the following:

16 (1) Establishing within the Intelligence Commu17 nity a single agency with responsibility for—

18 (A) the clandestine collection of intelligence

19 through human sources and other clandestine

20 techniques;

21 (B) covert action; and

22 (C) representing the Director of Central In23 telligence in liaison with foreign intelligence and

24 security services.
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1 (2) Establishing a single agency for the conduct

2 of technical intelligence collection activities, includ3 ing—

4 (A) signals intelligence (SIGINT), imagery

5 intelligence (IMINT), and measurement and sig6 natures intelligence (MASINT);

7 (B) first-phase (or initial) exploitation of

8 the results of such collection;

9 (C) dissemination of such collection in a

10 timely manner;

11 (D) development of processing and exploi12 tation technologies to support these functions;

13 and

14 (E) serving as the sole agent within the In15 telligence Community for—

16 (i) the specification of technical re17 quirements for such reconnaissance systems

18 as may be needed to meet the signals intel19 ligence, imagery intelligence, and measure20 ment and signatures intelligence collection

21 requirements of the Intelligence Community;

22 and

23 (ii) the operation and final disposition

24 of such systems.

25 (3) Establishing a single agency—
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1 (A) to serve as the sole agent within the In2 telligence Community for the conduct of research,

3 development, test, and evaluation, for procure4 ment, and for launch of satellite reconnaissance

5 systems that may be required to satisfy the intel6 ligence collection requirements of the Intelligence

7 Community; and

8 (B) to serve as the primary agent within

9 the Intelligence Community for the conduct of re10 search, development, test, evaluation and for pro11 curement of reconnaissance, surveillance, and

12 sensor systems, including airborne and maritime

13 reconnaissance capabilities within the National

14 Foreign Intelligence Program and the Joint

15 Military Intelligence Program.

16 (4) Establishing a single agency for collection

17 and processing of imagery and geospatial informa18 tion. This should be examined as both a stand-alone

19 agency and as a subset of the agency described in

20 paragraph (2). Specifically, the study should evaluate

21 the substantive advantages and disadvantages of con22 solidating imagery collection into an overall collection

23 agency.

24 (b) CRITERIA.—The study under subsection (a) shall—
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1 (1) take into account current and future techno2 logical capabilities and intelligence requirements;

3 (2) take into account the costs and benefits asso4 ciated with establishing each of the agencies described

5 in paragraphs (1) through (4) of subsection (a) as

6 well as the costs and benefits of maintaining the cur7 rent system of distinct ‘‘collection stovepipes’’; and

8 (3) examine establishing each of the agencies de9 scribed in paragraphs (1) through (4) of subsection

10 (a) both on their individual merits and also with a

11 view toward having such agencies co-exist as an en12 tire new organizational structure.

13 (c) PANEL MEMBERS.—

14 (1) SELECTION.—The Director of Central Intel15 ligence and the Secretary of Defense, jointly, shall se16 lect individuals for membership on a panel to conduct

17 the study under subsection (a) who are—

18 (A) current and former members of the In19 telligence Community and senior policy makers

20 who are knowledgeable about a diverse range of

21 intelligence requirements; and

22 (B) such other public or private individuals

23 as the Director and the Secretary deem appro24 priate.
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1 (2) BALANCE.—Membership on the panel shall be

2 balanced in terms of technical and operational knowl3 edge and views so as to ensure the objectivity of the

4 panel’s report.

5 (3) DIRECTOR.—The Director of Central Intel6 ligence shall appoint a director of the panel from

7 among its members. The director of the panel may

8 create such sub-panels as the director deems appro9 priate.

10 (d) REPORT.—No later than April 15, 1997, the panel

11 shall submit a report of the study to the Director of Central

12 Intelligence, who shall forward the report to the President,

13 the Secretary of Defense, and to the congressional intel14 ligence committees.

15 TITLE IV—DEPARTMENT OF DE16 FENSE FUNCTIONS IN THE IN17 TELLIGENCE COMMUNITY

18 Subtitle A—Secretary of Defense

19 SEC. 401. OVERALL SECRETARY OF DEFENSE FUNCTIONS.

20 The Secretary of Defense shall perform such intel21 ligence functions as may be directed by the President by

22 Executive order or otherwise.
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1 SEC. 402. REQUIREMENT THAT BUDGETS FOR INTEL2 LIGENCE COMPONENTS BE ADEQUATE.

3 The Secretary of Defense shall ensure that the budgets

4 of the elements of the Intelligence Community within the

5 Department of Defense for any fiscal year are adequate to

6 satisfy the overall intelligence needs of the Department of

7 Defense, including—

8 (1) the needs of the chairman of the Joint Chiefs

9 of Staff;

10 (2) the needs of the commanders of the unified

11 and specified commands; and

12 (3) the needs of other departments and agencies,

13 as appropriate.

14 SEC. 403. IMPLEMENTATION OF DIRECTOR OF CENTRAL IN15 TELLIGENCE POLICIES AND RESOURCE DECI16 SIONS.

17 The Secretary of Defense shall ensure appropriate im18 plementation of the policies and resource decisions of the

19 Director of Central Intelligence by elements of the Depart20 ment of Defense within the National Foreign Intelligence

21 Program.

22 SEC. 404. RELATIONSHIP OF NFIP ACTIVITIES TO TACTICAL

23 INTELLIGENCE ACTIVITIES.

24 The Secretary of Defense shall ensure that the tactical

25 intelligence activities of the Department of Defense com26 plement, and are compatible with, intelligence activities
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1 under the National Foreign Intelligence Program. The Sec2 retary shall carry out this section through the Director of

3 Military Intelligence.

4 SEC. 405. RESPONSIVENESS TO OPERATIONAL MILITARY

5 FORCES.

6 The Secretary of Defense shall ensure that the elements

7 of the Intelligence Community within the Department of

8 Defense are responsive and timely with respect to satisfying

9 the needs of operational military forces.

10 SEC. 406. ELIMINATION OF WASTE AND UNNECESSARY DU11 PLICATION.

12 The Secretary of Defense shall eliminate waste and un13 necessary duplication among the intelligence activities of

14 the Department of Defense.

15 SEC. 407. JOINT AND CORPORATE CONDUCT OF DEFENSE

16 INTELLIGENCE ACTIVITIES.

17 The Secretary of Defense shall ensure that, when ap18 propriate, intelligence activities of the Department of De19 fense are conducted (1) jointly, and (2) cooperatively with

20 elements of the Intelligence Community outside the Depart21 ment of Defense.

22 SEC. 408. SIGNALS INTELLIGENCE ACTIVITIES.

23 The Secretary of Defense shall ensure through the Na24 tional Security Agency (except as otherwise directed by the

25 President or the National Security Council), the continued
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1 operation of an effective unified organization for the con2 duct of signals intelligence activities and shall ensure that

3 the product is disseminated in a timely manner to author4 ized recipients.

5 SEC. 409. IMAGERY COLLECTION, PROCESSING, AND EX6 PLOITATION.

7 The Secretary of Defense shall ensure through the

8 Central Imagery Office (except as otherwise directed by the

9 President or the National Security Council), with appro10 priate representation from the Intelligence Community, the

11 continued operation of an effective unified organization

12 within the Department of Defense for carrying out tasking

13 of imagery collection, for the coordination of imagery proc14 essing and exploitation activities, and for ensuring the dis15 semination of imagery in a timely manner to authorized

16 recipients.

17 SEC. 410. OVERHEAD RECONNAISSANCE SYSTEMS.

18 The Secretary of Defense shall ensure through the Na19 tional Reconnaissance Office (except as otherwise directed

20 by the President or the National Security Council), the con21 tinued operation of an effective unified organization for the

22 research and development, acquisition, and operation of

23 overhead reconnaissance systems necessary to satisfy the re24 quirements of all elements of the Intelligence Community.
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1 SEC. 411. USE OF ELEMENTS OF DEPARTMENT OF DEFENSE.

2 The Secretary of Defense, in carrying out the functions

3 of the Secretary under this Act, may use such elements of

4 the Department of Defense as may be appropriate for the

5 execution of those functions, in addition to, or in lieu of,

6 the elements specifically identified in this Act for the per7 formance of those functions.

8 SEC. 412. CONSULTATIONS REGARDING APPOINTMENT OF

9 CERTAIN INTELLIGENCE OFFICIALS.

10 (a) IN GENERAL.—Section 201 of title 10, United

11 States Code, is amended to read as follows:

12 ‘‘§ 201. Consultation regarding appointment of heads

13 of certain intelligence components

14 ‘‘(a) CONSULTATIONS WITH REGARD TO DIRECTORS

15 OF NSA AND NRO.—Before submitting a recommendation

16 to the President regarding the appointment of an individ17 ual to the position of Director of the National Security

18 Agency or Director of the National Reconnaissance Office,

19 the Secretary of Defense shall consult with the Director of

20 Central Intelligence regarding the recommendation.

21 ‘‘(b) APPOINTMENT OF HEAD OF CENTRAL IMAGERY

22 OFFICE.—The Secretary shall appoint, upon the rec23 ommendation of the Director of Central Intelligence, the

24 head of the Central Imagery Office within the Department

25 of Defense.’’.
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1 (b) CLERICAL AMENDMENT.—The item relating to sec2 tion 201 in the table of sections at the beginning of sub3 chapter II of chapter 8 of such title is amended to read

4 as follows:

‘‘201. Consultation regarding appointment of heads of certain intelligence components.’’.

5 Subtitle B—Director of Military

6 Intelligence

7 SEC. 421. DIRECTOR OF MILITARY INTELLIGENCE.

8 (a) ESTABLISHMENT OF POSITION.—There is a Direc9 tor of Military Intelligence, appointed by the President, by

10 and with the advice and consent of the Senate, from the

11 officers of the regular components of the Armed Forces on

12 active duty. The Director, while so serving, holds the grade

13 of lieutenant general or vice admiral.

14 (b) NOMINATION.—A recommendation by the Secretary

15 of Defense to the President for appointment of an officer

16 as Director of Military Intelligence may be made only after

17 consultation with the Director of Central Intelligence.

18 SEC. 422. FUNCTIONS OF THE DIRECTOR OF MILITARY IN19 TELLIGENCE.

20 (a) SENIOR MILITARY INTELLIGENCE ADVISER.—The

21 Director of Military Intelligence is the senior military intel22 ligence adviser to the Secretary of Defense.

23 (b) DIRECTOR OF DIA.—The Director of Military In24 telligence is the Director of the Defense Intelligence Agency.
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1 (c) PROGRAM MANAGER FOR JMIP.—The Director of

2 Military Intelligence is the program manager for the Joint

3 Military Intelligence Program (or any successor program).

4 (d) PROGRAM COORDINATOR FOR TIARA.—The Direc5 tor of Military Intelligence is the program coordinator for

6 the activities in the Department of Defense known as Tac7 tical Intelligence and Related Activities (TIARA).

8 SEC. 423. ROLE OF DIRECTOR OF MILITARY INTELLIGENCE

9 IN THE INTELLIGENCE COMMUNITY.

10 (a) NATIONAL INTELLIGENCE.—The Director of Mili11 tary Intelligence, as director of the Defense Intelligence

12 Agency, is accountable to the Director of Central Intel13 ligence in matters relative to the collection and prosecution

14 of national intelligence.

15 (b) INTELLIGENCE REQUIREMENTS OF THE SEC16 RETARY OF DEFENSE AND THE JOINT CHIEFS OF STAFF.—

17 The Director of Military Intelligence shall be responsible for

18 ensuring that the intelligence requirements of the Secretary

19 of Defense and the Joint Chiefs of Staff are met.

20 SEC. 424. PLANNING AND BUDGET FUNCTIONS.

21 (a) JMIP RESPONSIBILITY.—The Director of Military

22 Intelligence is responsible within the Department of Defense

23 for development and submission of the Joint Military Intel24 ligence Program for any fiscal year.
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1 (b) TIARA RESPONSIBILITY.—The Director is respon2 sible within the Department of Defense for coordination of

3 the development and submission of the budget for any fiscal

4 year for programs, projects, and activities included within

5 Tactical Intelligence and Related Activities.

6 (c) OVERALL BUDGET COORDINATION.—The Director

7 is the central point of contact in the Department of Defense

8 for budget coordination with the Deputy Director of Central

9 Intelligence for Community Management relating to the de10 velopment and submission of the National Foreign Intel11 ligence Program for any fiscal year.

12 SEC. 425. STAFF.

13 The Director of Military Intelligence shall have a staff

14 sufficient to enable the Director to carry out the functions

15 of the Director, including responsibilities with respect to

16 budget development, planning, programming, and coordi17 nation. The Director shall ensure that the staff acts in a

18 coordinated and corporate way with the Community Man19 agement Staff and the Infrastructure Support Office.

20 Subtitle C—Defense Intelligence

21 Agency

22 SEC. 441. DEFENSE INTELLIGENCE AGENCY GENERALLY.

23 (a) IN GENERAL.—There is within the Department of

24 Defense a Defense Agency designated as the Defense Intel-
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1 ligence Agency. The Director of Military Intelligence is the

2 head of the Defense Intelligence Agency.

3 (b) SUPERVISION.—The Director of Military Intel4 ligence shall carry out the Director’s responsibilities as head

5 of the Defense Intelligence Agency under the direction of the

6 Secretary of Defense and subject to the authority and guid7 ance of the Director of Central Intelligence for those activi8 ties that support national intelligence requirements.

9 SEC. 442. FUNCTIONS OF THE DEFENSE INTELLIGENCE

10 AGENCY.

11 (a) PRODUCTION.—The Director of Military Intel12 ligence, in the Director’s capacity as head of the Defense

13 Intelligence Agency, shall produce timely, objective military

14 and military-related intelligence, independent of political

15 considerations or bias and based upon all sources available

16 to the Intelligence Community.

17 (b) DISSEMINATION OF INTELLIGENCE.—The Director

18 shall ensure the appropriate dissemination of intelligence

19 produced pursuant to subsection (a) to authorized recipi20 ents.

21 (c) MANAGEMENT OF JOINT INTELLIGENCE CENTER.—

22 The Director shall manage the Joint Intelligence Center as

23 provided by section 923 of Public Law 102–190 (10 U.S.C.

24 201 note; 105 Stat. 1453).
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1 (d) COORDINATION.—The Director shall coordinate the

2 exercise pursuant to section 924 of Public Law 102–190 (10

3 U.S.C. 113 note; 105 Stat. 1454) of national intelligence

4 collections systems and exploitation organizations that

5 would be used to provide intelligence support, including

6 support of the combatant commands, during a crisis or con7 flict.

8 (e) DEFENSE ATTACHE SYSTEM.—The Director shall

9 manage the Defense Attache system.

10 (f) ADDITIONAL FUNCTIONS.—The Director shall per11 form such additional services of common concern to the in12 telligence elements of the Department of Defense as the Sec13 retary of Defense determines can be more efficiently accom14 plished centrally.

15 Subtitle D—The Military

16 Departments

17 SEC. 451. INTELLIGENCE CAPABILITIES OF THE MILITARY

18 DEPARTMENTS.

19 (a) REQUIREMENT FOR MAINTENANCE OF CAPABILI20 TIES.—Under the direction of the Secretary of Defense, the

21 Secretaries of the military departments shall maintain suf22 ficient capabilities to collect and produce intelligence to

23 meet—

24 (1) the requirements of the Director of Central

25 Intelligence;
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1 (2) the requirements of the Secretary of Defense

2 or the Chairman of the Joint Chiefs of Staff; and

3 (3) the specialized requirements of the military

4 departments for intelligence necessary to support—

5 (A) tactical commanders;

6 (B) military planners;

7 (C) the research and development process;

8 (D) the acquisition of military equipment;

9 and

10 (E) training and doctrine.

11 (b) LEVEL AND FORM OF CAPABILITIES TO BE MAIN12 TAINED.—The Secretaries of the military departments shall

13 ensure that the capabilities maintained pursuant to sub14 section (a) do not exceed that which is necessary to satisfy

15 the requirements of their respective departments. To the ex16 tent feasible, the Secretaries shall provide for such capabili17 ties to be maintained jointly and in the most efficient and

18 cost-effective form.

19 Subtitle E—Planning and

20 Budgeting

21 SEC. 461. JOINT MILITARY INTELLIGENCE PROGRAM.

22 (a) IN GENERAL.—The Joint Military Intelligence

23 Program consists of those programs, projects, and activities

24 of the Department of Defense that are intended to provide

25 intelligence, surveillance, and reconnaissance capabilities
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1 that support multiple defense-wide or joint theater-level

2 consumers.

3 (b) COMPONENTS.—The Joint Military Intelligence

4 Program includes the programs, projects, and activities that

5 as of the date of the enactment of this Act are designated

6 as follows:

7 (1) The Defense Imagery Program.

8 (2) The Defense Cryptologic Program.

9 (3) The Defense Mapping, Charting, and Geod10 esy Program.

11 (4) The Defense General Intelligence Applica12 tions Program, including—

13 (A) the Defense Airborne Reconnaissance

14 Program;

15 (B) the Defense Space Reconnaissance Pro16 gram;

17 (C) the Defense Intelligence Counterdrug

18 Program;

19 (D) the Defense Intelligence Tactical Pro20 gram; and

21 (E) the Defense Intelligence Special Tech22 nologies Program.

23 (c) ADDITIONAL COMPONENTS.—The Joint Military

24 Intelligence Program includes such additional programs,
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1 projects, and activities as are specified by law or are des2 ignated by the Secretary of Defense.

3 SEC. 462. TACTICAL INTELLIGENCE AND RELATED ACTIVI4 TIES (TIARA).

5 (a) IN GENERAL.—The set of programs, projects, and

6 activities in the Department of Defense referred to as Tac7 tical Intelligence and Related Activities are those programs,

8 projects, and activities of the Department of Defense that—

9 (1) provide intelligence, surveillance, and recon10 naissance capabilities that are unique to one of the

11 military services; and

12 (2) are part of a force structure organic to one

13 of the military services at the component level and

14 below.

15 (b) INCLUDED PERSONNEL ACTIVITIES.—Those activi16 ties include activities that train personnel for intelligence

17 duties or provide an intelligence reserve.

18 (c) CERTAIN WEAPONS TARGETING PROGRAMS EX19 CLUDED.—Those activities do not include programs that

20 are so closely integrated with a weapons system that their

21 primary function is to provide immediate-use targeting

22 data.
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1 SEC. 463. NOTICE TO CONGRESS OF CHANGES IN JMIP AND

2 TIARA.

3 The Secretary of Defense may not add to or remove

4 program elements from (other than a change provided by

5 law) the Joint Military Intelligence Program or the Tac6 tical Intelligence and Related Activities aggregation for any

7 fiscal year unless the Secretary included notice of the pro8 posed change with the budget justification materials sub9 mitted to the congressional intelligence committees for the

10 preceding fiscal year. The Secretary shall include with any

11 such notice a statement providing an explanation and jus12 tification for the proposed change.

13 Subtitle F—Civilian Intelligence

14 Personnel Policy

15 SEC. 481. STANDARDIZATION OF PERSONNEL POLICIES FOR

16 INTELLIGENCE COMPONENTS OF DEPART17 MENT OF DEFENSE

18 (a) CONSOLIDATION AND STANDARDIZATION.—Chap19 ter 83 of title 10, United States Code, is amended—

20 (1) by redesignating section 1602 as section 1607

21 and transferring that section so as to appear after

22 section 1606; and

23 (2) by striking out sections 1601, 1603, and 1604

24 and inserting in lieu thereof the following:
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1 ‘‘§ 1601. Management of civilian intelligence per2 sonnel

3 ‘‘(a) GENERAL PERSONNEL AUTHORITY.—The Sec4 retary of Defense may, without regard to the provisions of

5 any other law relating to the appointment, number, classi6 fication, or compensation of employees—

7 ‘‘(1) establish such excepted service positions, in8 cluding positions in the Intelligence Senior Executive

9 Service and positions that may be designated as In10 telligence Senior Level positions under section 1602(c)

11 of this title, for civilian intelligence officers and em12 ployees of the intelligence components of the Depart13 ment of Defense as may be necessary to carry out the

14 intelligence functions of such components;

15 ‘‘(2) appoint individuals to such positions with

16 appropriate consideration of veterans’ preference; and

17 ‘‘(3) fix the compensation of such individuals for

18 service in such positions.

19 ‘‘(b) AUTHORITY TO FIX RATES OF BASIC PAY,

20 OTHER ALLOWANCES AND BENEFITS.—(1) The Secretary

21 of Defense shall, subject to subsection (c), fix the rates of

22 basic pay for positions established under this section in re23 lation to the rates of basic pay provided in subpart D of

24 part III of title 5, for positions subject to that title which

25 have corresponding levels of duties and responsibilities. Ex26 cept as otherwise provided by law, a civilian intelligence
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1 employee of an intelligence component of the Department

2 of Defense, including an Intelligence Senior Level employee

3 or a member of the Intelligence Senior Executive Service,

4 may not be paid basic pay in excess of the maximum rate

5 payable under section 5306(e), section 5376, or section 5382

6 of title 5, respectively.

7 ‘‘(2) The Secretary of Defense may provide civilian

8 employees of the intelligence components of the Department

9 of Defense compensation (in addition to basic pay) includ10 ing benefits, incentives, and allowances consistent with, and

11 not in excess of the level authorized for, comparable posi12 tions authorized by title 5.

13 ‘‘(c) PREVAILING RATE SYSTEMS.—The Secretary of

14 Defense may, consistent with section 5341 of title 5, adopt

15 such provisions of that title as provide for prevailing rate

16 systems of basic pay and may apply those provisions to

17 positions for civilian employees in or under which the De18 partment may employ individuals described by section

19 5342(a)(2)(A) of such title.

20 ‘‘(d) ALLOWANCES BASED ON LIVING COSTS AND EN21 VIRONMENT.—(1) In addition to the basic pay payable

22 under subsection (b), civilian intelligence officers and em23 ployees of the intelligence components of the Department of

24 Defense who are citizens or nationals of the United States

25 and are stationed outside the continental United States or
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1 in Alaska may be paid allowances, in accordance with regu2 lations prescribed by the Secretary of Defense, at a rate not

3 in excess of the allowance authorized to be paid by section

4 5941(a) of title 5 for employees whose rates of basic pay

5 are fixed by statute.

6 ‘‘(2) Such allowances shall be based on—

7 ‘‘(A) living costs substantially higher than in the

8 District of Columbia;

9 ‘‘(B) conditions of environment which differ sub10 stantially from conditions of environment in the con11 tinental United States and warrant an allowance as

12 a recruitment incentive; or

13 ‘‘(C) both of the factors specified in subpara14 graphs (A) and (B).

15 ‘‘§ 1602. Intelligence Senior Executive Service

16 ‘‘(a) INTELLIGENCE SENIOR EXECUTIVE SERVICE.—

17 With regard to any positions equivalent to the Senior Exec18 utive Service which may be established pursuant to section

19 1601 of this title, the Secretary of Defense shall prescribe

20 regulations which are consistent with the requirements set

21 forth in sections 3131, 3132(a)(2), 3396(c), 3592, 3595(a),

22 5384, and 6304 of title 5 and subsections (a), (b), and (c)

23 of section 7543 of title 5 (except that any hearing or appeal

24 shall be held or decided pursuant to regulations issued by

25 the Secretary). To the extent practicable, the Secretary shall
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1 also prescribe regulations to implement such other provi2 sions of title 5 as apply to members of the Senior Executive

3 Service or to individuals applying for positions in the Sen4 ior Executive Service.

5 ‘‘(b) AWARD OF RANK TO MEMBERS OF THE INTEL6 LIGENCE SENIOR EXECUTIVE SERVICE.—The President,

7 based on the recommendations of the Secretary of Defense,

8 may award a rank referred to in section 4507 of title 5

9 to members of the Intelligence Senior Executive Service

10 whose positions may be established pursuant to this section.

11 The awarding of such rank shall be made in a manner con12 sistent with the provisions of that section.

13 ‘‘(c) INTELLIGENCE SENIOR LEVEL POSITIONS.—In

14 carrying out section 1601(a) of this title, the Secretary of

15 Defense may designate positions as Intelligence Senior

16 Level positions. Positions which may be so designated are

17 those which require functional expertise and advisory ca18 pacity, but do not have the organizational or program man19 agement functions necessary for inclusion in the Intel20 ligence Senior Executive Service. Before designating any

21 such position, the Secretary shall prescribe regulations to

22 implement this subsection.

23 ‘‘§ 1603. Administrative provisions

24 ‘‘(a) TIME LIMITED APPOINTMENTS.—(1) The Sec25 retary of Defense may by regulation authorize the use of
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1 time-limited appointments when hiring and appointing an

2 employee to certain prescribed positions within an intel3 ligence component of the Department of Defense. An em4 ployee who has a time-limited appointment is not eligible

5 for conversion to a permanent Intelligence Senior Executive

6 Service position without competition.

7 ‘‘(2) In this subsection, the term ‘time-limited appoint8 ment’ means an appointment to a position within an intel9 ligence component of the Department of Defense for a period

10 not to exceed five years.

11 ‘‘(b) TERMINATION OF CIVILIAN INTELLIGENCE EM12 PLOYEES.—(1) Notwithstanding any other provision of law,

13 the Secretary of Defense may terminate the employment of

14 any civilian intelligence officer or employee of an intel15 ligence component of the Department of Defense if the Sec16 retary—

17 ‘‘(A) considers that action to be in the interests

18 of the United States; and

19 ‘‘(B) determines that the procedures prescribed

20 in other provisions of law that authorize the termi21 nation of the employment of such officer or employee

22 cannot be invoked in a manner consistent with na23 tional security.
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1 ‘‘(2) A decision by the Secretary under this subsection

2 is final and may not be appealed or reviewed outside the

3 Department of Defense.

4 ‘‘(3) The Secretary of Defense shall promptly notify

5 the Permanent Select Committee on Intelligence of the

6 House of Representatives and the Select Committee on Intel7 ligence of the Senate whenever the Secretary terminates the

8 employment of any officer or employee under the authority

9 of this section.

10 ‘‘(4) Any termination of employment under this sub11 section does not affect the right of the officer or employee

12 involved to seek or accept employment with any other de13 partment or agency of the United States if that officer or

14 employee is declared eligible for such employment by the

15 Director of the Office of Personnel Management.

16 ‘‘(5) The authority of the Secretary of Defense under

17 this subsection may be delegated only to the Deputy Sec18 retary of Defense or (with respect to officers and employees

19 under their respective jurisdictions) the heads of the intel20 ligence components of the Department of Defense. An action

21 to terminate employment of any civilian intelligence officer

22 or employee of the Department by any such officer may be

23 appealed to the Secretary of Defense.

24 ‘‘(c) ADJUSTMENT IN FORCE.—(1) Notwithstanding

25 sections 3501(b) and 3502 of title 5 and subject to para-
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1 graph (2), the Secretary of Defense may prescribe regula2 tions for the separation of civilian employees of the intel3 ligence components of the Department of Defense including

4 members of the Intelligence Senior Executive Service and

5 employees assigned to Intelligence Senior Level positions,

6 in an adjustment in force which give effect to—

7 ‘‘(A) performance;

8 ‘‘(B) tenure of employment;

9 ‘‘(C) length of service as computed under section

10 3502(a)(A), (B), and (C) of title 5; and

11 ‘‘(D) veterans’ preference, subject to sections

12 3501(a)(3) and 3502(b) of title 5.

13 ‘‘(2) An adjustment in force in the Intelligence Senior

14 Executive Service shall be consistent with section 3595(a)

15 of title 5.

16 ‘‘(3) The regulations prescribed under paragraph (1)

17 shall include provisions for appeal rights within the De18 partment in lieu of the provisions of any other law or regu19 lations for all employees affected by actions under this sub20 section.

21 ‘‘(d) NOTIFICATION OF CONGRESS.—The Secretary of

22 Defense shall notify Congress of any regulations prescribed

23 to carry out this section or section 1601 or 1602 of this

24 title. Such notice shall be provided by submitting a copy

25 of the regulations to the Permanent Select Committee on
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1 Intelligence of the House of Representatives and the Select

2 Committee on Intelligence of the Senate at least 60 days

3 before such regulations take effect.

4 ‘‘§ 1604. Intelligence components of the Department of

5 Defense defined

6 ‘‘In this chapter, the term ‘intelligence component of

7 the Department of Defense’ means any of the following:

8 ‘‘(1) The National Security Agency.

9 ‘‘(2) The Defense Intelligence Agency.

10 ‘‘(3) The Central Imagery Office.

11 ‘‘(4) The National Reconnaissance Office.

12 ‘‘(5) The intelligence components of the military

13 departments.

14 ‘‘(6) Any other intelligence component of the De15 partment of Defense so designated by the Secretary of

16 Defense.

17 ‘‘(7) Any successor to any such agency or of18 fice.’’.

19 (b) REPEAL OF SUPERSEDED PROVISIONS.—The fol20 lowing provisions of law are repealed:

21 (1) Section 1590 of title 10, United States Code.

22 (2) Section 303 of the Internal Security Act of

23 1950 (50 U.S.C. 833).
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1 (c) CLERICAL AMENDMENTS.—(1)(A) The heading of

2 chapter 83 of title 10, United States Code, is amended to

3 read as follows:

4 ‘‘CHAPTER 83—DEFENSE INTELLIGENCE

5 CIVILIAN PERSONNEL’’.

6 (B) The items relating to such chapter in the tables

7 of chapters at the beginning of subtitle A, and at the begin8 ning of part II of subtitle A, of such title are amended by

9 striking out ‘‘Agency and Central Imagery Office’’.

10 (2) The table of sections at the beginning of chapter

11 81 of such title is amended by striking out the item relating

12 to section 1590.

13 (3) The table of sections at the beginning of chapter

14 83 of such title is amended—

15 (A) by striking out the items relating to sections

16 1601, 1602, 1603, and 1604 and inserting in lieu

17 thereof the following:

‘‘1601. Management of civilian intelligence personnel.

‘‘1602. Intelligence Senior Executive Service.

‘‘1603. Administrative provisions.

‘‘1604. Intelligence components of the Department of Defense defined.’’; and

18 (B) by inserting after the item relating to section

19 1606 the following new item:

‘‘1607. Merit pay system: Defense Intelligence Agency and Central Imagery Office.’’.

20 (3) The heading of section 1607, as transferred and

21 redesignated by subsection (a), is amended to read as fol22 lows:
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1 ‘‘§ 1607. Merit pay system: Defense Intelligence Agency

2 and Central Imagery Office’’.

3 SEC. 482. TEMPORARY PROGRAM FOR CIVILIAN

4 WORKFORCE REDUCTION IN THE NATIONAL

5 SECURITY AGENCY.

6 (a) VOLUNTARY EARLY RETIREMENT PROGRAM.—The

7 Secretary of Defense may authorize the Director of the Na8 tional Security Agency to permit eligible employees to retire

9 early from service voluntarily by obtaining a lump-sum

10 payment representing the present value of the 2 percent per

11 annum early retirement penalty provided in section

12 8339(h) of title 5, United States Code.

13 (b) CONDITIONS FOR PAYMENT.—Under the program,

14 the payment may be offered only—

15 (1) with the prior consent, or on the authority,

16 of the Secretary of Defense;

17 (2) to employees of the National Security Agen18 cy;

19 (3) to employees within such occupational groups

20 or geographic locations, or subject to such other simi21 lar limitations or conditions as the Director of the

22 National Security Agency may require; and

23 (4) for a period not to exceed 90 consecutive days

24 during the period from October 1, 1996, to September

25 30, 1997.

26 (c) TERMS OF PAYMENT.—Such payment shall—
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1 (1) be paid in a lump sum;

2 (2) be equal to the present value of the total re3 duction in the annuity pursuant to section 8339(h) of

4 title 5, United States Code, as calculated using ap5 propriate present value factors supplied by the Direc6 tor of the Office of Personnel Management;

7 (3) not be a basis for payment, and not be in8 cluded in the computation, of any other type of Gov9 ernment benefit;

10 (4) not be provided to employees who elect to re11 ceive separation pay under section 5597 of title 5,

12 United States Code; and

13 (5) be subject to the availability of appropria14 tions pursuant to subsection (e).

15 (d) REPAYMENT UPON REEMPLOYMENT BY THE

16 UNITED STATES.—(1) An individual who has received a

17 payment under this section and subsequently accepts em18 ployment with the United States shall be required to repay,

19 before the individual’s first day of employment, the entire

20 amount of the lump-sum payment to the National Security

21 Agency.

22 (2) For the purpose of this section, the term ‘‘employ23 ment’’ includes—
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1 (A) employment of any length or under any type

2 of appointment, but does not include employment that

3 is without compensation; and

4 (B) employment under a personal services con5 tract, as defined in the Federal Procurement Regula6 tions.

7 (e) SOURCE OF PAYMENT.—(1) A lump-sum payment

8 under this section may be paid by the Director of the Na9 tional Security Agency only out of appropriations available

10 to the National Security Agency for salaries and expenses.

11 (2) Funds authorized to be appropriated for operation

12 and maintenance for the National Security Agency in the

13 Intelligence Authorization Act for Fiscal Year 1997 are au14 thorized to be made available for lump sum payments under

15 this section.

16 (f) DEFINITION.—For purposes of this section, the term

17 ‘‘employee’’ means an individual who on the date of the

18 enactment of this Act is an employee of the National Secu19 rity Agency, serving under an appointment without time

20 limitation, who has been employed as of that date for a

21 period of at least 60 months, and who is in the Civil Service

22 Retirement System and is eligible for an annuity under sec23 tion 8336(d)(2) of title 5, United States Code. Such term

24 does not include—
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1 (1) a reemployed annuitant under subchapter

2 III of chapter 83 of such title; or

3 (2) an employee having a disability on the basis

4 of which such employee is or would be eligible for dis5 ability retirement under chapter 83 of such title.

6 TITLE V—NATIONAL SECURITY

7 COUNCIL AND RELATED

8 BOARDS AND COMMITTEES

9 SEC. 501. RECODIFICATION OF LAWS RELATING TO NA10 TIONAL SECURITY COUNCIL AND RELATED

11 BOARDS AND COMMITTEES IN EXECUTIVE OF12 FICE OF THE PRESIDENT.

13 Title I of the National Security Act of 1947 is amended

14 by striking out the title heading and sections 101 through

15 107 and inserting in lieu thereof the following:

16 ‘‘TITLE I—NATIONAL SECURITY

17 COUNCIL AND RELATED

18 BOARDS AND COMMITTEES

19 ‘‘SEC. 101. NATIONAL SECURITY COUNCIL.

20 ‘‘(a) IN GENERAL.—There is in the Executive Office

21 of the President the National Security Council. The Council

22 is composed of the following:

23 ‘‘(1) The President.

24 ‘‘(2) The Vice President.

25 ‘‘(3) The Secretary of State.
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1 ‘‘(4) The Secretary of Defense.

2 ‘‘(b) ADDITIONAL PARTICIPANTS.—Subject to the di3 rection of the President, the following officers may attend

4 and participate in meetings of the National Security Coun5 cil:

6 ‘‘(1) DIRECTOR OF CENTRAL INTELLIGENCE.—

7 The Director of Central Intelligence (or, in the Direc8 tor’s absence, a Deputy Director of Central Intel9 ligence), in the performance of the Director’s duties

10 under this Act and the Intelligence Community Act.

11 ‘‘(2) CHAIRMAN OF THE JOINT CHIEFS OF

12 STAFF.—The Chairman (or, in the Chairman’s ab13 sence, the Vice Chairman) of the Joint Chiefs of Staff,

14 in the Chairman’s role as principal military adviser

15 to the National Security Council.

16 ‘‘(3) DIRECTOR OF NATIONAL DRUG CONTROL

17 POLICY.—The Director of National Drug Control Pol18 icy, in the Director’s role as principal adviser to the

19 National Security Council on national drug control

20 policy, but only through the date specified in section

21 1009 of the National Narcotics Leadership Act of

22 1988 (21 U.S.C. 1506).

23 ‘‘(4) OTHERS DESIGNATED BY THE PRESI24 DENT.—Such additional officers as may be designated

25 by the President.
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1 ‘‘(c) FUNCTIONS.—The function of the Council shall be

2 to advise the President with respect to the integration of

3 domestic, foreign, and military policies relating to the na4 tional security so as to enable the military services and the

5 other departments and agencies of the Government to co6 operate more effectively in matters involving the national

7 security. In addition to performing such other functions as

8 the President may direct, the Council (subject to the direc9 tion of the President) shall, for the purpose of more effec10 tively coordinating the policies and functions of the depart11 ments and agencies of the Government relating to the na12 tional security—

13 ‘‘(1) assess and appraise the objectives, commit14 ments, and risks of the United States in relation to

15 our actual and potential military power, in the inter16 est of national security, for the purpose of making

17 recommendations to the President in connection there18 with; and

19 ‘‘(2) consider policies on matters of common in20 terest to the departments and agencies of the Govern21 ment concerned with the national security and make

22 recommendations to the President in connection there23 with.

24 ‘‘(d) RECOMMENDATIONS AND REPORTS.—The Council

25 shall, from time to time, make such recommendations and
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1 such other reports to the President as it considers appro2 priate or as the President may require.

3 ‘‘(e) STAFF.—The Council shall have a staff to be head4 ed by a civilian executive secretary who shall be appointed

5 by the President. The executive secretary, subject to the di6 rection of the Council, may subject to the civil-service laws,

7 appoint and fix the compensation of such personnel as may

8 be necessary to perform such duties as may be prescribed

9 by the Council in connection with the performance of its

10 functions.

11 ‘‘SEC. 104. BOARD FOR LOW INTENSITY CONFLICT.

12 ‘‘(a) ESTABLISHMENT OF BOARD.—The President

13 shall establish within the National Security Council a

14 board to be known as the ‘Board for Low Intensity Conflict’.

15 ‘‘(b) FUNCTION.—The principal function of the board

16 shall be to coordinate the policies of the United States for

17 low intensity conflict.

18 ‘‘SEC. 105. NATIONAL COUNTERINTELLIGENCE POLICY

19 BOARD.

20 ‘‘(a) ESTABLISHMENT OF BOARD.—There is within the

21 executive branch of the Government a National Counter22 intelligence Policy Board. The Board shall report to the

23 President through the National Security Council.

24 ‘‘(b) FUNCTION OF THE BOARD.—The Board shall

25 serve as the principal mechanism for—
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1 ‘‘(1) developing policies and procedures for the

2 approval of the President to govern the conduct of

3 counterintelligence activities; and

4 ‘‘(2) resolving conflicts, as directed by the Presi5 dent, which may arise between elements of the Gov6 ernment which carry out such activities.’’.

7 SEC. 502. COMMITTEE ON FOREIGN INTELLIGENCE.

8 Title I of the National Security Act of 1947, as amend9 ed by section 501, is further amended by inserting after sec10 tion 101 the following new section 102:

11 ‘‘SEC. 102. COMMITTEE ON FOREIGN INTELLIGENCE.

12 ‘‘(a) ESTABLISHMENT OF COMMITTEE.—There is es13 tablished within the National Security Council a Commit14 tee on Foreign Intelligence. The Committee shall be com15 posed of the following:

16 ‘‘(1) The Assistant to the President for National

17 Security Affairs, who shall serve as chairman of the

18 Committee.

19 ‘‘(2) The following officers or their respective

20 deputies:

21 ‘‘(A) The Director of Central Intelligence.

22 ‘‘(B) The Secretary of State.

23 ‘‘(C) The Secretary of Defense.

24 ‘‘(D) The Attorney General.
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1 ‘‘(E) The Chairman of the Joint Chiefs of

2 Staff.

3 ‘‘(3) Such other members as the President may

4 designate.

5 ‘‘(b) FUNCTION.—The function of the Committee on

6 Foreign Intelligence shall be—

7 ‘‘(1) to establish, consistent with the policy and

8 objectives of the President, the overall requirements

9 and priorities for the Intelligence Community; and

10 ‘‘(2) to assess regularly, on behalf of the Presi11 dent, how effectively the Intelligence Community has

12 performed its responsibilities under this Act and the

13 Intelligence Community Act.

14 ‘‘(c) SEMIANNUAL STRATEGIC INTELLIGENCE REVIEW

15 PROCESS WITH CONGRESS.—Not less often than every six

16 months, the Committee on Foreign Intelligence shall con17 vene a meeting with the members of the congressional intel18 ligence committees to conduct a comprehensive, global stra19 tegic intelligence review. Each semiannual meeting shall re20 view significant strategic intelligence trends, strategic intel21 ligence reporting, and anticipated Intelligence Community

22 requirements for the following six to twelve months.’’.
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1 SEC. 503. TRANSNATIONAL THREATS.

2 Title I of the National Security Act of 1947, as amend3 ed by sections 501 and 502, is further amended by inserting

4 after section 102 the following new section 103:

5 ‘‘SEC. 103. COMMITTEE ON TRANSNATIONAL THREATS.

6 ‘‘(a) ESTABLISHMENT.—There is established within

7 the National Security Council a Committee on

8 Transnational Threats. The Committee shall be composed

9 of the following:

10 ‘‘(1) The Assistant to the President for National

11 Security Affairs, who shall serve as chairman of the

12 Committee.

13 ‘‘(2) The following officers or their respective

14 deputies:

15 ‘‘(A) The Director of Central Intelligence.

16 ‘‘(B) The Secretary of State.

17 ‘‘(C) The Secretary of Defense.

18 ‘‘(D) The Attorney General.

19 ‘‘(3) Such other members as the President may

20 designate.

21 ‘‘(b) FUNCTION.—The function of the Committee on

22 Transnational Threats shall be to coordinate and direct the

23 activities of the United States Government relating to com24 bating transnational threats. In carrying out its function,

25 the Committee shall—

26 ‘‘(1) identify transnational threats;
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1 ‘‘(2) develop strategies to enable the United

2 States Government to respond to transnational

3 threats identified under paragraph (1);

4 ‘‘(3) monitor implementation of such strategies;

5 ‘‘(4) make recommendations as to appropriate

6 responses to specific transnational threats;

7 ‘‘(5) assist in the resolution of operational and

8 policy differences among Federal departments and

9 agencies in their responses to transnational threats;

10 ‘‘(6) develop policies and procedures to ensure

11 the effective sharing of information about

12 transnational threats among Federal departments

13 and agencies, including law enforcement agencies and

14 the elements of the intelligence community; and

15 ‘‘(7) develop guidelines to enhance and improve

16 the coordination of Federal law enforcement activities

17 overseas.

18 ‘‘(c) DEFINITION OF TRANSNATIONAL THREAT.—For

19 purposes of this section, the term ‘transnational threat’

20 means the following:

21 ‘‘(1) Any transnational activity (including

22 international terrorism, narcotics trafficking, the pro23 liferation of weapons of mass destruction and the de24 livery systems for such weapons, and organized
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1 crime) that threatens the national security of the

2 United States.

3 ‘‘(2) Any individual or group that engages in an

4 activity referred to in paragraph (1).’’.

5 TITLE VI—TECHNICAL AND CON6 FORMING AMENDMENTS AND

7 EFFECTIVE DATE

8 SEC. 601. RESTATEMENT OF NATIONAL SECURITY AGENCY

9 ACT OF 1959.

10 The National Security Agency Act of 1959 (50 U.S.C.

11 402 note) is amended to read as follows:

12 ‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

13 ‘‘(a) SHORT TITLE.—This Act may be cited as the ‘Na14 tional Security Agency Act of 1959’.

15 ‘‘(b) TABLE OF CONTENTS.—The table of contents for

16 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.
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1 ‘‘SEC. 2. GENERAL PERSONNEL AUTHORITIES.

2 ‘‘(a) IN GENERAL.—General personnel authorities of

3 the Secretary of Defense with respect to the National Secu4 rity Agency are provided in chapter 83 of title 10, United

5 States Code.

6 ‘‘(b) AUTHORITY FOR ADDITIONAL COMPENSATION

7 FOR CERTAIN EMPLOYEES.—Officers and employees of the

8 National Security Agency who are citizens or nationals of

9 the United States may be granted additional compensation,

10 in accordance with regulations which shall be prescribed by

11 the Secretary of Defense, not in excess of additional com12 pensation authorized by section 5941 of title 5, United

13 States Code, for employees whose rates of basic compensa14 tion are fixed by statute.

15 ‘‘SEC. 3. PROTECTION OF IDENTITIES OF EMPLOYEES.

16 ‘‘Nothing in this Act or any other law shall be con17 strued to require the disclosure of the organization or any

18 function of the National Security Agency, of any informa19 tion with respect to the activities thereof, or of the names,

20 titles, salaries, or number of the persons employed by such

21 agency.

22 ‘‘SEC. 4. AUTHORITY TO LEASE REAL PROPERTY OUTSIDE

23 THE UNITED STATES.

24 ‘‘(a) AUTHORITY.—Notwithstanding section 322 of the

25 Act of June 30, 1932 (40 U.S.C. 278a), section 5536 of title

26 5, United States Code, and section 2675 of title 10, United
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1 States Code, the Director of the National Security Agency,

2 on behalf of the Secretary of Defense, may lease real prop3 erty outside the United States, for periods not exceeding ten

4 years, for the use of the National Security Agency for spe5 cial cryptologic activities and for housing for personnel as6 signed to such activities.

7 ‘‘(b) LIMITATION TO APPROPRIATED FUNDS.—The au8 thority of the Director of the National Security Agency, on

9 behalf of the Secretary of Defense, to make payments under

10 subsection (a), and under contracts for leases entered into

11 under subsection (a), is effective for any fiscal year only

12 to the extent that appropriated funds are available for such

13 purpose.

14 ‘‘SEC. 5. BENEFITS FOR PERSONNEL ASSIGNED TO SPECIAL

15 CRYPTOLOGIC ACTIVITIES OUTSIDE THE

16 UNITED STATES.

17 ‘‘(a) AUTHORITY TO PROVIDE CERTAIN BENEFITS.—

18 The Director of the National Security Agency, on behalf of

19 the Secretary of Defense, may provide to certain civilian

20 and military personnel of the Department of Defense who

21 are assigned to special cryptologic activities outside the

22 United States and who are designated by the Secretary of

23 Defense for the purposes of this subsection the following:

24 ‘‘(1) Allowances and benefits—
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1 ‘‘(A) comparable to those provided by the

2 Secretary of State to members of the Foreign

3 Service under chapter 9 of title I of the Foreign

4 Service Act of 1980 (22 U.S.C. 4081 et seq.) or

5 any other provision of law; and

6 ‘‘(B) in the case of selected personnel serv7 ing in circumstances similar to those in which

8 personnel of the Central Intelligence Agency

9 serve, comparable to those provided by the Direc10 tor of Central Intelligence to personnel of the

11 Central Intelligence Agency.

12 ‘‘(2) Housing (including heat, light, and house13 hold equipment) without cost to such personnel, if the

14 Director of the National Security Agency, on behalf of

15 the Secretary of Defense, determines that it would be

16 in the public interest to provide such housing.

17 ‘‘(3) Special retirement accrual in the same

18 manner provided in section 303 of the Central Intel19 ligence Agency Retirement Act (50 U.S.C. 2153) and

20 in section 18 of the Central Intelligence Agency Act

21 of 1949.

22 ‘‘(b) LIMITATION TO APPROPRIATED FUNDS.—The au23 thority of the Director of the National Security Agency, on

24 behalf of the Secretary of Defense, to make payments under

25 subsection (a) is effective for any fiscal year only to the
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1 extent that appropriated funds are available for such pur2 pose.

3 ‘‘(c) PROHIBITION OF DUPLICATION OF BENEFITS.—

4 Members of the Armed Forces may not receive benefits

5 under both subsection (a)(1) and under title 37, United

6 States Code, for the same purpose. The Secretary of Defense

7 shall prescribe such regulations as may be necessary to

8 carry out this subsection.

9 ‘‘(d) REGULATIONS.—Regulations prescribed under

10 subsection (a)(1) shall be submitted to the Permanent Select

11 Committee on Intelligence of the House of Representatives

12 and the Select Committee on Intelligence of the Senate be13 fore such regulations take effect.

14 ‘‘SEC. 10. LANGUAGE TRAINING FOR CRYPTOLOGIC PER15 SONNEL.

16 ‘‘(a) LANGUAGE TRAINING PROGRAMS.—The Director

17 of the National Security Agency shall arrange for, and shall

18 prescribe regulations concerning, language and language19 related training programs for military and civilian

20 cryptologic personnel. In establishing programs under this

21 section for language and language-related training, the Di22 rector—

23 ‘‘(1) may provide for the training and instruc24 tion to be furnished, including functional and geo25 graphic area specializations;
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1 ‘‘(2) may arrange for training and instruction

2 through other Government agencies and, in any case

3 in which appropriate training or instruction is un4 available through Government facilities, through non5 governmental facilities that furnish training and in6 struction useful in the fields of language and foreign

7 affairs;

8 ‘‘(3) may support programs that furnish nec9 essary language and language-related skills, includ10 ing, in any case in which appropriate programs are

11 unavailable at Government facilities, support through

12 contracts, grants, or cooperation with nongovern13 mental educational institutions; and

14 ‘‘(4) may obtain by appointment or contract the

15 services of individuals to serve as language instruc16 tors, linguists, or special language project personnel.

17 ‘‘(b) FOREIGN LANGUAGE PROFICIENCY INCEN18 TIVES.—(1) In order to maintain necessary capability in

19 foreign language skills and related abilities needed by the

20 National Security Agency, the Director, without regard to

21 subchapter IV of chapter 55 of title 5, United States Code,

22 may provide special monetary or other incentives to encour23 age civilian cryptologic personnel of the Agency to acquire

24 or retain proficiency in foreign languages or special related

25 abilities needed by the Agency.
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1 ‘‘(2) In order to provide linguistic training and sup2 port for cryptologic personnel, the Director—

3 ‘‘(A) may pay all or part of the tuition and

4 other expenses related to the training of personnel who

5 are assigned or detailed for language and language6 related training, orientation, or instruction; and

7 ‘‘(B) may pay benefits and allowances to civil8 ian personnel in accordance with chapters 57 and 59

9 of title 5, United States Code, and to military person10 nel in accordance with chapter 7 of title 37, United

11 States Code, and applicable provisions of title 10,

12 United States Code, when such personnel are assigned

13 to training at sites away from their designated duty

14 station.

15 ‘‘(c) CRYPTOLOGIC LINGUIST RESERVE.—(1) To the

16 extent not inconsistent, in the opinion of the Secretary of

17 Defense, with the operation of military cryptologic reserve

18 units and in order to maintain necessary capability in for19 eign language skills and related abilities needed by the Na20 tional Security Agency, the Director may establish a

21 Cryptologic Linguist Reserve.

22 ‘‘(2) The Cryptologic Linguist Reserve may consist of

23 former or retired civilian or military cryptologic personnel

24 of the National Security Agency and of other qualified indi25 viduals, as determined by the Director of the Agency. Each
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1 member of the Cryptologic Linguist Reserve shall agree that,

2 during any period of emergency (as determined by the Di3 rector), the member shall return to active civilian status

4 with the National Security Agency and shall perform such

5 linguistic or linguistic-related duties as the Director may

6 assign.

7 ‘‘(3) In order to attract individuals to become members

8 of the Cryptologic Linguist Reserve, the Director, without

9 regard to subchapter IV of chapter 55 of title 5, United

10 States Code, may provide special monetary incentives to in11 dividuals eligible to become members of the reserve who

12 agree to become members of the cryptologic linguist reserve

13 and to acquire or retain proficiency in foreign languages

14 or special related abilities.

15 ‘‘(4) In order to provide training and support for

16 members of the Cryptologic Linguist Reserve, the Direc17 tor—

18 ‘‘(A) may pay all or part of the tuition and

19 other expenses related to the training of individuals

20 in the Cryptologic Linguist Reserve who are assigned

21 or detailed for language and language-related train22 ing, orientation, or instruction; and

23 ‘‘(B) may pay benefits and allowances in accord24 ance with chapters 57 and 59 of title 5, United States

25 Code, to individuals in the Cryptologic Linguist Re-
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1 serve who are assigned to training at sites away from

2 their homes or regular places of business.

3 ‘‘(d) SERVICE AGREEMENTS.—(1) The Director, before

4 providing training under this section to any individual,

5 may obtain an agreement with that individual that—

6 ‘‘(A) in the case of current employees, pertains

7 to continuation of service of the employee, and repay8 ment of the expenses of such training for failure to

9 fulfill the agreement, consistent with the provisions of

10 section 4108 of title 5, United States Code; and

11 ‘‘(B) in the case of individuals accepted for

12 membership in the Cryptologic Linguist Reserve, per13 tains to return to service when requested, and repay14 ment of the expenses of such training for failure to

15 fulfill the agreement, consistent with the provisions of

16 section 4108 of title 5, United States Code.

17 ‘‘(2) The Director, under regulations prescribed under

18 this section, may waive, in whole or in part, a right of

19 recovery under an agreement made under this subsection

20 if it is shown that the recovery would be against equity

21 and good conscience or against the public interest.

22 ‘‘(e) LANGUAGE TRAINING FOR FAMILY MEMBERS.—

23 (1) Subject to paragraph (2), the Director may provide to

24 family members of military and civilian cryptologic per25 sonnel assigned to representational duties outside the Unit-
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1 ed States, in anticipation of the assignment of such person2 nel outside the United States or while outside the United

3 States, appropriate orientation and language training that

4 is directly related to the assignment abroad.

5 ‘‘(2) Language training under paragraph (1) may not

6 be provided to any individual through payment of the ex7 penses of tuition or other cost of instruction at a non-Gov8 ernment educational institution unless appropriate instruc9 tion is not available at a Government facility.

10 ‘‘(f) WAIVER AUTHORITY.—The Director may waive

11 the applicability of any provision of chapter 41 of title 5,

12 United States Code, to any provision of this section if he

13 finds that such waiver is important to the performance of

14 cryptologic functions.

15 ‘‘(g) LIMITATION TO APPROPRIATED FUNDS.—The au16 thority of the Director to enter into contracts or to make

17 grants under this section is effective for any fiscal year only

18 to the extent that appropriated funds are available for such

19 purpose.

20 ‘‘(h) REGULATIONS.—Regulations prescribed under

21 this section shall be submitted to the Permanent Select Com22 mittee on Intelligence of the House of Representatives and

23 the Select Committee on Intelligence of the Senate before

24 such regulations take effect.
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1 ‘‘(i) TRAVEL AND TRANSPORTATION EXPENSES IN

2 CONNECTION WITH TRAINING OUTSIDE THE UNITED

3 STATES.—The Director of the National Security Agency, on

4 behalf of the Secretary of Defense, may, without regard to

5 section 4109(a)(2)(B) of title 5, United States Code, pay

6 travel, transportation, storage, and subsistence expenses

7 under chapter 57 of such title to civilian and military per8 sonnel of the Department of Defense who are assigned to

9 duty outside the United States for a period of one year or

10 longer which involves cryptologic training, language train11 ing, or related disciplines.

12 ‘‘SEC. 11. PROTECTION OF FACILITIES BY GENERAL SERV13 ICES ADMINISTRATION.

14 ‘‘The Administrator of General Services, upon the ap15 plication of the Director of the National Security Agency,

16 may provide for the protection in accordance with section

17 3 of the Act of June 1, 1948 (40 U.S.C. 318b), of certain

18 facilities (as designated by the Director of such Agency)

19 which are under the administration and control of, or are

20 used by, the National Security Agency in the same manner

21 as if such facilities were property of the United States over

22 which the United States has acquired exclusive or concur23 rent criminal jurisdiction.
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1 ‘‘SEC. 12. SENIOR CRYPTOLOGIC EXECUTIVE SERVICE.

2 ‘‘(a) AUTHORITY TO ESTABLISH SCES.—(1) The Sec3 retary of Defense (or his designee) may by regulation estab4 lish a personnel system for senior civilian cryptologic per5 sonnel in the National Security Agency to be known as the

6 Senior Cryptologic Executive Service. The regulations es7 tablishing the Senior Cryptologic Executive Service shall do

8 the following:

9 ‘‘(A) Meet the requirements set forth in section

10 3131 of title 5, United States Code, for the Senior Ex11 ecutive Service.

12 ‘‘(B) Provide that positions in the Senior

13 Cryptologic Executive Service meet requirements that

14 are consistent with the provisions of section

15 3132(a)(2) of such title.

16 ‘‘(C) Provide, without regard to section 2, rates

17 of pay for the Senior Cryptologic Executive Service

18 that are not in excess of the maximum rate or less

19 than the minimum rate of basic pay established for

20 the Senior Executive Service under section 5382 of

21 such title, and that are adjusted at the same time and

22 to the same extent as rates of basic pay for the Senior

23 Executive Service are adjusted.

24 ‘‘(D) Provide a performance appraisal system for

25 the Senior Cryptologic Executive Service that con-
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1 forms to the provisions of subchapter II of chapter 43

2 of such title.

3 ‘‘(E) Provide for removal consistent with section

4 3592 of such title, and removal or suspension consist5 ent with subsections (a), (b), and (c) of section 7543

6 of such title (except that any hearing or appeal to

7 which a member of the Senior Cryptologic Executive

8 Service is entitled shall be held or decided pursuant

9 to procedures established by regulations of the Sec10 retary of Defense).

11 ‘‘(F) Permit the payment of performance awards

12 to members of the Senior Cryptologic Executive Serv13 ice consistent with the provisions applicable to per14 formance awards under section 5384 of such title.

15 ‘‘(G) Provide that members of the Senior

16 Cryptologic Executive Service may be granted sab17 batical leaves consistent with the provisions of section

18 3396(c) of such title.

19 ‘‘(H) Provide for the recertification of members

20 of the Senior Cryptologic Executive Service consistent

21 with the provisions of section 3393a of such title.

22 ‘‘(2) Except as otherwise provided in paragraph (1),

23 the Secretary of Defense may—

24 ‘‘(A) make applicable to the Senior Cryptologic

25 Executive Service any of the provisions of title 5,
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1 United States Code, applicable to applicants for or

2 members of the Senior Executive Service; and

3 ‘‘(B) appoint, promote, and assign individuals

4 to positions established within the Senior Cryptologic

5 Executive Service without regard to the provisions of

6 title 5, United States Code, governing appointments

7 and other personnel actions in the competitive service.

8 ‘‘(3) The President, based on the recommendations of

9 the Secretary of Defense, may award ranks to members of

10 the Senior Cryptologic Executive Service in a manner con11 sistent with the provisions of section 4507 of title 5, United

12 States Code.

13 ‘‘(4) Notwithstanding any other provision of this sec14 tion, the Director of the National Security Agency may de15 tail or assign any member of the Senior Cryptologic Execu16 tive Service to serve in a position outside the National Secu17 rity Agency in which the member’s expertise and experience

18 may be of benefit to the National Security Agency or an19 other Government agency. Any such member shall not by

20 reason of such detail or assignment lose any entitlement or

21 status associated with membership in the Senior

22 Cryptologic Executive Service.

23 ‘‘(b) MERIT PAY SYSTEM.—The Secretary of Defense

24 may by regulation establish a merit pay system for such

25 employees of the National Security Agency as the Secretary
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1 of Defense considers appropriate. The merit pay system

2 shall be designed to carry out purposes consistent with those

3 set forth in section 5401(a) of title 5, United States Code.

4 ‘‘(c) LIMITATION ON TOTAL COMPENSATION.—Nothing

5 in this section shall be construed to allow the aggregate

6 amount payable to a member of the Senior Cryptologic Ex7 ecutive Service under this section during any fiscal year

8 to exceed the annual rate payable for positions at level I

9 of the Executive Schedule in effect at the end of such year.

10 ‘‘SEC. 13. GRANTS FOR CRYPTOLOGIC RESEARCH.

11 ‘‘(a) GRANT AUTHORITY.—The Director of the Na12 tional Security Agency may make grants to private indi13 viduals and institutions for the conduct of cryptologic re14 search. An application for a grant under this section may

15 not be approved unless the Director determines that the

16 award of the grant would be clearly consistent with the na17 tional security.

18 ‘‘(b) APPLICABLE LAW.—The grant program estab19 lished by subsection (a) shall be conducted in accordance

20 with the Federal Grant and Cooperative Agreement Act of

21 1977 (41 U.S.C. 501 et seq.) to the extent that such Act

22 is consistent with and in accordance with section 6 of this

23 Act.

24 ‘‘(c) LIMITATION TO APPROPRIATED FUNDS.—The au25 thority of the Director to make grants under this section
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1 is effective for any fiscal year only to the extent that appro2 priated funds are available for such purpose.

3 ‘‘SEC. 14. AVAILABILITY OF CERTAIN APPROPRIATIONS.

4 ‘‘Funds appropriated to an entity of the Federal Gov5 ernment other than an element of the Department of Defense

6 that have been specifically appropriated for the purchase

7 of cryptologic equipment, materials, or services with respect

8 to which the National Security Agency has been designated

9 as the central source of procurement for the Government

10 shall remain available for a period of three fiscal years.

11 ‘‘SEC. 15. PROTECTION OF AGENCY NAME FROM UNAU12 THORIZED USE.

13 ‘‘(a) PROHIBITION ON UNAUTHORIZED USE.—No per14 son may, except with the written permission of the Director

15 of the National Security Agency, knowingly use the words

16 ‘National Security Agency’, the initials ‘NSA’, the seal of

17 the National Security Agency, or any colorable imitation

18 of such words, initials, or seal in connection with any mer19 chandise, impersonation, solicitation, or commercial activ20 ity in a manner reasonably calculated to convey the impres21 sion that such use is approved, endorsed, or authorized by

22 the National Security Agency.

23 ‘‘(b) ENFORCEMENT.—Whenever it appears to the At24 torney General that any person is engaged or is about to

25 engage in an act or practice which constitutes or will con-
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1 stitute conduct prohibited by subsection (a), the Attorney

2 General may initiate a civil proceeding in a district court

3 of the United States to enjoin such act or practice. Such

4 court shall proceed as soon as practicable to the hearing

5 and determination of such action and may, at any time

6 before final determination, enter such restraining orders or

7 prohibitions, or take such other action as is warranted, to

8 prevent injury to the United States or to any person or

9 class of persons for whose protection the action is brought.

10 ‘‘SEC. 16. RECRUITMENT OF QUALIFIED PERSONNEL.

11 ‘‘(a) PURPOSE.—The purpose of this section is to es12 tablish an undergraduate training program, which may

13 lead to the baccalaureate degree, to facilitate the recruit14 ment of individuals, particularly minority high school stu15 dents, with a demonstrated capability to develop skills criti16 cal to the mission of the National Security Agency, includ17 ing mathematics, computer science, engineering, and for18 eign languages.

19 ‘‘(b) ASSIGNMENT OF CIVILIAN EMPLOYEES.—The Sec20 retary of Defense may, in the Secretary’s discretion, assign

21 civilian employees of the National Security Agency as stu22 dents at accredited professional, technical, and other insti23 tutions of higher learning for training at the undergraduate

24 level in skills critical to effective performance of the mission

25 of the Agency.
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1 ‘‘(c) LIMITATION TO APPROPRIATED FUNDS.—The Na2 tional Security Agency may pay, directly or by reimburse3 ment to employees, expenses incident to assignments under

4 subsection (b), in any fiscal year only to the extent that

5 appropriated funds are available for such purpose.

6 ‘‘(d) EMPLOYEE AGREEMENT.—(1) To be eligible for

7 assignment under subsection (b), an employee of the Agency

8 must agree in writing to the following:

9 ‘‘(A) To continue in the service of the Agency for

10 the period of the assignment and to complete the edu11 cational course of training for which the employee is

12 assigned.

13 ‘‘(B) To continue in the service of the Agency fol14 lowing completion of the assignment for a period of

15 one-and-a-half years for each year of the assignment

16 or part thereof.

17 ‘‘(C) To reimburse the United States for the total

18 cost of education (excluding the employee’s pay and

19 allowances) provided under this section to the em20 ployee if, before the employee’s completing the edu21 cational course of training for which the employee is

22 assigned, the assignment or the employee’s employ23 ment with the Agency is terminated either by the

24 Agency due to misconduct by the employee or by the

25 employee voluntarily.
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1 ‘‘(D) To reimburse the United States if, after

2 completing the educational course of training for

3 which the employee is assigned, the employee’s em4 ployment with the Agency is terminated either by the

5 Agency due to misconduct by the employee or by the

6 employee voluntarily, before the employee’s completion

7 of the service obligation period described in subpara8 graph (B), in an amount that bears the same ratio

9 to the total cost of the education (excluding the em10 ployee’s pay and allowances) provided to the employee

11 as the unserved portion of the service obligation pe12 riod described in subparagraph (B) bears to the total

13 period of the service obligation described in subpara14 graph (B).

15 ‘‘(2) Subject to paragraph (3), the obligation to reim16 burse the United States under an agreement described in

17 paragraph (1), including interest due on such obligation,

18 is for all purposes a debt owing the United States.

19 ‘‘(3)(A) A discharge in bankruptcy under title 11,

20 United States Code, shall not release a person from an obli21 gation to reimburse the United States required under an

22 agreement described in paragraph (1) if the final decree of

23 the discharge in bankruptcy is issued within five years after

24 the last day of the combined period of service obligation

25 described in subparagraphs (A) and (B) of paragraph (1).
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1 ‘‘(B) The Secretary of Defense may release a person,

2 in whole or in part, from the obligation to reimburse the

3 United States under an agreement described in paragraph

4 (1) when, in the Secretary’s discretion, the Secretary deter5 mines that equity or the interests of the United States so

6 require.

7 ‘‘(C) The Secretary of Defense shall permit an em8 ployee assigned under this section who, before commencing

9 a second academic year of such assignment, voluntarily ter10 minates the assignment or the employee’s employment with

11 the Agency, to satisfy his obligation under an agreement

12 described in paragraph (1) to reimburse the United States

13 by reimbursement according to a schedule of monthly pay14 ments which results in completion of reimbursement by a

15 date five years after the date of termination of the assign16 ment or employment or earlier at the option of the em17 ployee.

18 ‘‘(e) DISCLOSURE TO EDUCATIONAL INSTITUTION OF

19 AGENCY AFFILIATION OF EMPLOYEE.—(1) When an em20 ployee is assigned under this section to an institution, the

21 Agency shall disclose to the institution to which the em22 ployee is assigned that the Agency employs the employee

23 and that the Agency funds the employee’s education.

24 ‘‘(2) Agency efforts to recruit individuals at edu25 cational institutions for participation in the undergraduate
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1 training program established by this section shall be made

2 openly and according to the common practices of univer3 sities and employers recruiting at such institutions.

4 ‘‘(f) INAPPLICABILITY OF CERTAIN LAWS.—Chapter 41

5 of title 5 and subsections (a) and (b) of section 3324 of title

6 31, United States Code, shall not apply with respect to this

7 section.

8 ‘‘(g) REGULATIONS.—The Secretary of Defense may

9 prescribe such regulations as may be necessary to imple10 ment this section.

11 ‘‘SEC. 17. AUTHORITY TO PAY CERTAIN EXPENSES FOR EM12 PLOYEES DYING WHILE ON ROTATIONAL

13 TOUR OF DUTY IN THE UNITED STATES.

14 ‘‘(a) AUTHORITY.—The Secretary of Defense may pay

15 the expenses referred to in section 5742(b) of title 5, United

16 States Code, in the case of any employee of the National

17 Security Agency who dies while on a rotational tour of duty

18 within the United States or while in transit to or from such

19 tour of duty.

20 ‘‘(b) DEFINITION.—For the purposes of this section, the

21 term ‘rotational tour of duty’, with respect to an employee,

22 means a permanent change of station involving the transfer

23 of the employee from the National Security Agency head24 quarters to another post of duty for a fixed period estab25 lished by regulation to be followed at the end of such period
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1 by a permanent change of station involving a transfer of

2 the employee back to such headquarters.’’.

3 SEC. 602. AMENDMENTS TO TITLE 5, UNITED STATES CODE.

4 (a) PAY.—Section 5314 of title 5, United States Code,

5 is amended by striking out ‘‘Deputy Director of Central In6 telligence’’ and inserting in lieu thereof ‘‘Deputy Directors

7 of Central Intelligence (2)’’.

8 (b) MERIT SYSTEM PRINCIPLES.—Section 2305 of title

9 5, United States Code, is amended by striking out ‘‘section

10 102 of the National Security Act of 1947 (61 Stat. 495;

11 50 U.S.C. 403),’’ and inserting in lieu thereof ‘‘subtitle A

12 of title I of the Intelligence Community Act,’’.

13 SEC. 603. REPEAL OF PROVISIONS RECODIFIED IN NEW

14 ACT.

15 (a) FISCAL YEAR 1996 INTELLIGENCE AUTHORIZA16 TION ACT.—Section 306 of the Intelligence Authorization

17 Act for Fiscal Year 1996 (Public Law 104–93; 50 U.S.C.

18 435 note; 109 Stat. 966) is repealed.

19 (b) FISCAL YEAR 1995 INTELLIGENCE AUTHORIZA20 TION ACT.—The following provisions of the Intelligence Au21 thorization Act for Fiscal Year 1995 (Public Law 103–359)

22 are repealed:

23 (1) Section 603 (50 U.S.C. 403–3 note; 108 Stat.

24 3433).
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1 (2) Section 811 (50 U.S.C. 402a; 108 Stat.

2 3455).

3 (c) FISCAL YEAR 1992 INTELLIGENCE AUTHORIZA4 TION ACT.—Section 403 of the Intelligence Authorization

5 Act for Fiscal Year 1992 (Public Law 102–183; 50 U.S.C.

6 403–2; 105 Stat. 1267) is repealed.

7 (d) NATIONAL SECURITY ACT OF 1947.—Section 109

8 of the National Security Act of 1947 (50 U.S.C. 404d) is

9 repealed.

10 (e) FISCAL YEAR 1995 DEFENSE APPROPRIATIONS

11 ACT.—Section 8154 of the Department of Defense Appro12 priations Act, 1995 (10 U.S.C. 384 note; 50 U.S.C. 403f

13 note; 108 Stat. 2658) is repealed.

14 (f) FISCAL YEAR 1994 DEFENSE APPROPRIATIONS

15 ACT.—Section 8107 of the Department of Defense Appro16 priations Act, 1994 (50 U.S.C. 414 note; 107 Stat. 1464)

17 is repealed.

18 SEC. 604. NATIONAL SECURITY ACT OF 1947.

19 (a) TABLE OF CONTENTS.—The table of contents in the

20 first section of the National Security Act of 1947 is amend21 ed—

22 (1) by inserting after the item relating to section

23 2 the following new item:

‘‘Sec. 3. Definitions.’’;
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1 (2) by striking out the items relating to the head2 ing for title I and sections 101 through 107 and in3 serting in lieu thereof the following:

‘‘TITLE I—NATIONAL SECURITY COUNCIL AND RELATED BOARDS AND

COMMITTEES

‘‘Sec. 101. National Security Council.

‘‘Sec. 102. Committee on Foreign Intelligence.

‘‘Sec. 103. Committee on Transnational Threats.

‘‘Sec. 104. Board for Low Intensity Conflict.

‘‘Sec. 105. National Counterintelligence Policy Board.’’;

4 (3) by striking out the item relating to section

5 109 and the item following that item (relating to sec6 tion 104); and

7 (4) by striking out the items relating to sections

8 202 through 204, 208 through 214, 301, 302, and 304

9 through 306.

10 (b) FORMAT AMENDMENTS.—Title IX of such Act is

11 amended—

12 (1) in section 904 (50 U.S.C. 441c), by striking

13 out ‘‘required to be imposed by’’ and all that follows

14 and inserting in lieu thereof ‘‘required to be imposed

15 by any of the following provisions of law:

16 ‘‘(1) The Chemical and Biological Weapons Con17 trol and Warfare Elimination Act of 1991 (title III

18 of Public Law 102–182).

19 ‘‘(2) The Nuclear Proliferation Prevention Act of

20 1994 (title VIII of Public Law 103–236).
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1 ‘‘(3) Section 11B of the Export Administration

2 Act of 1979 (50 U.S.C. App. 2410b).

3 ‘‘(4) Chapter 7 of the Arms Export Control Act

4 (22 U.S.C. 2797 et seq.).

5 ‘‘(5) The Iran-Iraq Arms Non-Proliferation Act

6 of 1992 (title XVI of Public Law 102–484).

7 ‘‘(6) The following provisions of annual appro8 priations Acts:

9 ‘‘(A) Section 573 of the Foreign Operations,

10 Export Financing, and Related Programs Ap11 propriations Act, 1994 (Public Law 103–87; 107

12 Stat. 972).

13 ‘‘(B) Section 563 of the Foreign Operations,

14 Export Financing, and Related Programs Ap15 propriations Act, 1995 (Public Law 103–306;

16 108 Stat. 1649).

17 ‘‘(C) Section 552 of the Foreign Operations,

18 Export Financing, and Related Programs Ap19 propriations Act, 1996 (Public Law 104–107;

20 110 Stat. 741).

21 ‘‘(7) Comparable provisions.’’; and

22 (2) in section 905 (50 U.S.C. 441d), by striking

23 out ‘‘on the date which is one year after the date of

24 the enactment of this title’’ and inserting in lieu

25 thereof ‘‘on January 6, 1997’’.
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1 SEC. 605. ABOLITION OF NATIONAL INTELLIGENCE COUN2 CIL.

3 The National Intelligence Council is abolished.

4 SEC. 606. EFFECTIVE DATE.

5 Except as otherwise specifically provided in this Act,

6 this Act and the amendments made by this Act shall take

7 effect six months after the date of the enactment of this Act,

8 except that the President may prescribe an earlier date. Any

9 such date prescribed by the President shall be published in

10 the Federal Register.

11 SECTION 1. SHORT TITLE.

12 This Act may be cited as the ‘‘Intelligence

13 Community Act’’.

14 SEC. 2. ORGANIZATION OF ACT; TABLE OF CONTENTS.

15 (a) ORGANIZATION OF ACT.—This Act is or16 ganized 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
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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

1 (b) TABLE OF CONTENTS.—The table of con2 tents 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.
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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.
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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
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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.

1 SEC. 3. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—The Congress makes the

3 following findings:

4 (1) The United States must maintain a

5 strong, capable, and increasingly flexible

6 intelligence capability to collect and ana7 lyze information concerning world events

8 that may threaten its security so as to be

9 in a position to anticipate and respond to

10 such events in an effective and timely

11 manner.

12 (2) The existing framework for the

13 conduct of United States intelligence ac14 tivities, established by the National Secu15 rity Act of 1947, has evolved largely with16 out changes to the original statutory

17 framework, but rather as a matter of Ex18 ecutive order and directive.
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1 (b) PURPOSES.—The purposes of this Act

2 are—

3 (1) to provide a framework for the im4 proved management of United States in5 telligence activities at all levels and with6 in all intelligence disciplines; and

7 (2) to provide an institutional struc8 ture that will continue to ensure that the

9 Intelligence Community serves the needs

10 of Government consumers in an effective

11 and timely manner.

12 SEC. 4. DEFINITIONS.

13 For the purposes of this Act:

14 (1) INTELLIGENCE.—The term ‘‘intel15 ligence’’ includes foreign intelligence and

16 counterintelligence.

17 (2) FOREIGN INTELLIGENCE.—The term

18 ‘‘foreign intelligence’’ means information

19 relating to the capabilities, intentions, or

20 activities of foreign governments or ele21 ments thereof, foreign organizations, for22 eign transnational entities, or foreign

23 persons.

24 (3) COUNTERINTELLIGENCE.—The term

25 ‘‘counterintelligence’’ means information
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1 gathered and activities conducted to pro2 tect against espionage, other intelligence

3 activities, sabotage, or assassinations

4 conducted by or on behalf of foreign gov5 ernments or elements thereof, foreign or6 ganizations, foreign transnational enti7 ties, or foreign persons, or international

8 terrorist activities.

9 (4) NATIONAL INTELLIGENCE AND INTEL10 LIGENCE RELATED TO NATIONAL SECURITY.—

11 The terms ‘‘national intelligence’’ and ‘‘in12 telligence related to the national secu13 rity’’—

14 (A) each refer to intelligence that

15 pertains to the interests of the Gov16 ernment generally, rather than to the

17 interests of a single department or

18 agency of Government, or to a compo19 nent of such department or agency;

20 (B) do not refer to intelligence

21 necessary to plan or conduct tactical

22 military operations by United States

23 Armed Forces; and

24 (C) do not refer to counterintel25 ligence or law enforcement activities
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1 conducted by the Federal Bureau of

2 Investigation except to the extent

3 provided for in procedures agreed to

4 by the Director of Central Intel5 ligence and the Attorney General, or

6 otherwise as expressly provided for

7 in this Act.

8 (5) NATIONAL FOREIGN INTELLIGENCE

9 PROGRAM.—The term ‘‘National Foreign

10 Intelligence Program’’ refers to all pro11 grams, projects, and activities of the In12 telligence Community that are intended

13 to produce national intelligence, as well

14 as any other programs of the Intelligence

15 Community designated jointly by the Di16 rector of Central Intelligence and the

17 head of a United States department or

18 agency or by the President. Such term

19 does not include programs, projects, or

20 activities of the military departments to

21 acquire intelligence solely for the plan22 ning and conduct of tactical military op23 erations by United States Armed Forces.
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1 (6) CONGRESSIONAL INTELLIGENCE COM2 MITTEES.—The term ‘‘congressional intel3 ligence committees’’ means—

4 (A) the Select Committee on Intel5 ligence of the Senate; and

6 (B) the Permanent Select Commit7 tee on Intelligence of the House of

8 Representatives.

9 TITLE I—INTELLIGENCE

10 COMMUNITY GENERALLY

11 Subtitle A—Director of Central

12 Intelligence

13 SEC. 101. DIRECTOR OF CENTRAL INTELLIGENCE.

14 (a) DIRECTOR OF CENTRAL INTELLIGENCE.—

15 There is a Director of Central Intelligence.

16 The Director of Central Intelligence is—

17 (1) the principal adviser to the Presi18 dent and the National Security Council

19 for intelligence matters related to the na20 tional security; and

21 (2) the head of the Intelligence Com22 munity.

23 (b) APPOINTMENT.—The Director of

24 Central Intelligence is appointed by the Presi-
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1 dent, by and with the advice and consent of

2 the Senate.

3 SEC. 102. GENERAL INTELLIGENCE RESPONSIBILITIES OF

4 THE DIRECTOR.

5 (a) PROVISION OF INTELLIGENCE TO THE

6 PRESIDENT.—Under the direction of the Na7 tional Security Council, the Director of

8 Central Intelligence shall be responsible for

9 providing intelligence to the President.

10 (b) PROVISION OF INTELLIGENCE TO OTH11 ERS.—Under the direction of the National Se12 curity Council, the Director of Central Intel13 ligence shall be responsible for providing in14 telligence—

15 (1) to the heads of departments and

16 agencies of the executive branch;

17 (2) to the Chairman of the Joint

18 Chiefs of Staff, to the commanders of the

19 unified combatant commands, and to

20 other senior military commanders; and

21 (3) to the Senate and House of Rep22 resentatives and the appropriate commit23 tees thereof.

24 (c) INTELLIGENCE TO BE OBJECTIVE AND

25 TIMELY.—Intelligence provided by the Direc-
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1 tor pursuant to this section should be timely

2 and objective and shall be provided independ3 ent of political considerations or bias and

4 based upon all sources available to the Intel5 ligence Community.

6 SEC. 103. PREPARATION OF ANNUAL BUDGET FOR NA7 TIONAL FOREIGN INTELLIGENCE PROGRAM.

8 The Director of Central Intelligence shall

9 develop (in accordance with subtitle B of title

10 II) and present to the President an annual

11 budget for the National Foreign Intelligence

12 Program of the United States.

13 SEC. 104. FOREIGN INTELLIGENCE COLLECTION.

14 The Director of Central Intelligence shall

15 establish the requirements and priorities to

16 govern the collection of national intelligence

17 by elements of the Intelligence Community

18 and shall approve collection requirements,

19 determine collection priorities, and resolve

20 conflicts in collection priorities levied on na21 tional collection assets, except as otherwise

22 agreed with the Secretary of Defense pursu23 ant to the direction of the President.
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1 SEC. 105. PROTECTION OF SOURCES AND METHODS.

2 The Director of Central Intelligence shall

3 protect intelligence sources and methods

4 from unauthorized disclosure.

5 SEC. 106. PROMOTION AND EVALUATION OF THE USEFUL6 NESS OF INTELLIGENCE TO CONSUMERS.

7 The Director of Central Intelligence shall

8 promote and evaluate the quality and useful9 ness of national intelligence to consumers

10 within the Government.

11 SEC. 107. ELIMINATION OF WASTE AND UNNECESSARY DU12 PLICATION.

13 The Director of Central Intelligence, in

14 cooperation with the heads of the elements of

15 the Intelligence Community shall eliminate

16 waste and unnecessary duplication within the

17 Intelligence Community.

18 SEC. 108. OTHER FUNCTIONS.

19 The Director of Central Intelligence shall

20 perform such other functions as the President

21 or the National Security Council may direct.

22 SEC. 109. PROHIBITION ON LAW ENFORCEMENT POWERS

23 AND INTERNAL SECURITY FUNCTIONS.

24 The Director of Central Intelligence shall

25 have no police, subpoena, or law enforcement

26 powers or internal security functions.
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1 SEC. 110. ACCESS TO INTELLIGENCE.

2 To the extent recommended by the Na3 tional Security Council and approved by the

4 President, the Director of Central Intelligence

5 shall have access to all intelligence related to

6 the national security which is collected by

7 any department, agency, or other entity of the

8 United States.

9 SEC. 111. COORDINATION WITH FOREIGN GOVERNMENTS.

10 Under the direction of the National Secu11 rity Council and in a manner consistent with

12 section 207 of the Foreign Service Act of 1980

13 (22 U.S.C. 3927), the Director shall coordinate

14 the relationships between elements of the In15 telligence Community and the intelligence or

16 security services of foreign governments on

17 all matters involving intelligence related to

18 the national security or involving intelligence

19 acquired through clandestine means.

20 Subtitle B—Deputy Directors of

21 Central Intelligence

22 SEC. 121. DEPUTY DIRECTORS OF CENTRAL INTELLIGENCE.

23 (a) POSITIONS.—There is a Deputy Director

24 of Central Intelligence, and there is a Deputy

25 Director of Central Intelligence for Commu26 nity Management.
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1 (b) APPOINTMENT.—Each Deputy Director

2 shall be appointed by the President, by and

3 with the advice and consent of the Senate.

4 (c) QUALIFICATIONS.—Each Deputy Direc5 tor shall have extensive national security ex6 perience.

7 SEC. 122. DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE.

8 (a) IN GENERAL.—The Deputy Director of

9 Central Intelligence shall act for, and exercise

10 the powers of, the Director of Central Intel11 ligence during the Director’s absence or dis12 ability or during a vacancy in office of the

13 Director of Central Intelligence.

14 (b) PRECEDENCE.—The Deputy Director of

15 Central Intelligence takes precedence imme16 diately after the Director of Central Intel17 ligence.

18 SEC. 123. DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE

19 FOR COMMUNITY MANAGEMENT.

20 Subject to the direction of the Director of

21 Central Intelligence, the Deputy Director of

22 Central Intelligence for Community Manage23 ment shall be responsible for the following:

24 (1) Directing the operations of the

25 Community Management Staff.
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1 (2) Performing community-wide

2 coordination functions, including the co3 ordination of resources and require4 ments.

5 (3) Coordinating community-wide re6 search and development.

7 SEC. 124. CIVILIAN AND MILITARY STATUS OF DIRECTOR

8 OF CENTRAL INTELLIGENCE AND DEPUTIES.

9 (a) LIMITATION ON ACTIVE DUTY STATUS.—

10 Not more than one individual serving in the

11 following positions may be on active duty in

12 the Armed Forces while serving in that posi13 tion:

14 (1) The Director of Central Intel15 ligence.

16 (2) The two Deputy Directors of

17 Central Intelligence.

18 (b) APPOINTMENT AND RANK.—An individ19 ual serving in a position specified in para20 graph (1) or (2) of subsection (a) who is on

21 active duty in the Armed Forces shall be ap22 pointed from among the officers of the Armed

23 Forces on the active-duty list. The Director of

24 Central Intelligence may hold the grade of

25 general or admiral while so serving and a
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1 Deputy Director of Central Intelligence may

2 hold the rank of lieutenant general or vice ad3 miral while so serving.

4 (c) ROLE AS OFFICER OF ARMED FORCES.—

5 A commissioned officer of the Armed Forces,

6 while serving in a position specified in para7 graph (1) or (2) of subsection (a)—

8 (1) shall not be subject to supervision

9 or control by the Secretary of Defense or

10 by any officer or employee of the Depart11 ment of Defense;

12 (2) shall not exercise, by reason of the

13 officer’s status as a commissioned officer,

14 any supervision or control with respect

15 to any of the military or civilian person16 nel of the Department of Defense except

17 as otherwise authorized by law; and

18 (3) shall not be counted against the

19 numbers and percentages of commis20 sioned officers of the rank and grade of

21 such officer authorized for the military

22 department of that officer.

23 (d) MILITARY BENEFITS.—Except as pro24 vided in paragraph (1) or (2) of subsection (c),

25 the appointment of an officer of the Armed
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1 Forces to a position specified in paragraph (1)

2 or (2) of subsection (a) shall not affect the sta3 tus, position, rank, or grade of such officer in

4 the Armed Forces, or any emolument, per5 quisite, right, privilege, or benefit incident to

6 or arising out of any such status, position,

7 rank, or grade.

8 (e) PAY.—An officer of the Armed Forces

9 appointed to a position specified in para10 graph (1) or (2) of subsection (a), while serv11 ing in such position, shall continue to receive

12 military pay and allowances payable to a com13 missioned officer of that officer’s grade and

14 length of service for which the appropriate

15 military department shall be reimbursed from

16 funds available to the Director of Central In17 telligence.

18 Subtitle C—The Intelligence

19 Community

20 SEC. 131. ELEMENTS OF THE INTELLIGENCE COMMUNITY.

21 The Intelligence Community of the United

22 States Government consists of the following:

23 (1) The Office of the Director of

24 Central Intelligence, which shall include

25 the Offices of the Deputy Directors of
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1 Central Intelligence and such other of2 fices as the Director may designate.

3 (2) The Community Management

4 Staff.

5 (3) The National Intelligence Evalua6 tion Council.

7 (4) The Central Intelligence Agency.

8 (5) The Defense Intelligence Agency.

9 (6) The National Security Agency.

10 (7) The National Reconnaissance Of11 fice.

12 (8) The National Imagery and Map13 ping Agency.

14 (9) The intelligence elements of the

15 Army, the Navy, the Air Force, the Ma16 rine Corps, and the Coast Guard.

17 (10) The intelligence elements of the

18 Federal Bureau of Investigation, the De19 partment of the Treasury, the Depart20 ment of Energy, and the Drug Enforce21 ment Administration.

22 (11) The Bureau of Intelligence and

23 Research of the Department of State.

24 (12) Such other elements of any other

25 department or agency as may be des-
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1 ignated by the President, or designated

2 jointly by the Director of Central Intel3 ligence and the head of the department

4 or agency concerned, as an element of

5 the intelligence community.

6 Subtitle D—Annual Reports

7 SEC. 141. ANNUAL REPORT ON INTELLIGENCE COMMUNITY

8 ACTIVITIES.

9 (a) IN GENERAL.—The Director of Central

10 Intelligence shall submit to Congress an an11 nual report on the activities of the Intel12 ligence Community. The annual report shall

13 be unclassified.

14 (b) MATTERS TO BE COVERED IN ANNUAL RE15 PORT.—Each report under this section shall

16 describe—

17 (1) the activities of the Intelligence

18 Community during the preceding fiscal

19 year, including significant successes and

20 failures that can be described in an un21 classified manner; and

22 (2) the areas of the world and the is23 sues that the Director expects will re24 quire increased or unusual attention
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1 from the Intelligence Community during

2 the next fiscal year.

3 (c) TIME FOR SUBMISSION.—The report

4 under this section for any year shall be sub5 mitted at the same time that the President

6 submits the budget for the next fiscal year

7 pursuant to section 1105 of title 31, United

8 States Code.

9 TITLE II—INTELLIGENCE

10 COMMUNITY MANAGEMENT

11 Subtitle A—Intelligence

12 Community Functions

13 SEC. 201. COMMUNITY MANAGEMENT STAFF.

14 There is a Community Management Staff.

15 SEC. 202. FUNCTIONS OF THE COMMUNITY MANAGEMENT

16 STAFF.

17 The Deputy Director of Central Intel18 ligence for Community Management, acting

19 through the Community Management Staff,

20 shall provide direction for the following Intel21 ligence Community-wide functions:

22 (1) Requirements and collection man23 agement.
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1 (2) Planning, programming, budget2 ing, and accounting for the National For3 eign Intelligence Program.

4 (3) Research and development activi5 ties.

6 (4) Identification and review of intel7 ligence gaps and shortfalls.

8 Subtitle B—National Foreign

9 Intelligence Program

10 SEC. 221. BUDGETS.

11 (a) PREPARATION.—The Deputy Director of

12 Central Intelligence for Community Manage13 ment shall provide guidance to elements of

14 the intelligence community for the prepara15 tion of their annual budgets for the National

16 Foreign Intelligence Program.

17 (b) APPROVAL OF BUDGETS.—The Director

18 of Central Intelligence shall approve the

19 budgets prepared under subsection (a) before

20 their incorporation in the National Foreign

21 Intelligence Program.

22 (c) ACCOUNTING.—The Director of Central

23 Intelligence, acting through the Deputy Direc24 tor of Central Intelligence for Community

25 Management, shall budget and account for
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1 National Foreign Intelligence Program finan2 cial resources on a community-wide basis by

3 the functional categories of collection, proc4 essing, exploitation, analysis, dissemination,

5 and infrastructure.

6 (d) IDENTIFICATION OF CONSTITUENT COM7 PONENTS OF BASE INTELLIGENCE BUDGET.—The

8 Director of Central Intelligence shall include

9 in the congressional budget justification ma10 terials provided to the congressional intel11 ligence committees in connection with the an12 nual submission of the National Foreign Intel13 ligence Program for a fiscal year the same

14 level of budgetary detail for that part of the

15 National Foreign Intelligence Program budg16 et identified as the Base Budget that is pro17 vided for that part of such budget identified

18 as Ongoing Initiatives and New Initiatives.

19 SEC. 222. COMPTROLLER FUNCTIONS OF COMMUNITY MAN20 AGEMENT STAFF.

21 (a) EXECUTION REVIEW.—The Community

22 Management Staff shall perform budget exe23 cution review of National Foreign Intel24 ligence Program elements of the Intelligence

25 Community and shall have the authority to
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1 recommend to the comptroller of the agency

2 involved that authorized and appropriated in3 telligence funds be withheld in those in4 stances in which elements of the Intelligence

5 Community within the agency involved are

6 not complying with guidance from the Direc7 tor of Central Intelligence or applicable law.

8 (b) ACCOUNTING SYSTEM.—The Deputy Di9 rector of Central Intelligence for Community

10 Management shall establish and maintain an

11 Intelligence Community-wide automated sys12 tem for programming, budgeting, accounting,

13 and execution review of the National Foreign

14 Intelligence Program.

15 SEC. 223. TRANSFER OF FUNDS OR PERSONNEL WITHIN

16 THE NATIONAL FOREIGN INTELLIGENCE

17 PROGRAM.

18 (a) GENERAL AUTHORITY.—In addition to

19 any other authorities available under law for

20 such purposes, the Director of Central Intel21 ligence, with the approval of the Director of

22 the Office of Management and Budget, may

23 transfer funds appropriated for a program

24 within the National Foreign Intelligence Pro25 gram to another such program and, in accord-
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1 ance with procedures to be developed by the

2 Director and the heads of affected depart3 ments and agencies, may transfer personnel

4 authorized for an element of the Intelligence

5 Community to another such element for peri6 ods up to a year.

7 (b) CONDITIONS.—A transfer of funds or

8 personnel may be made under this section

9 only if—

10 (1) the funds or personnel are being

11 transferred to an activity that is a higher

12 priority intelligence activity;

13 (2) the need for funds or personnel

14 for such activity is based on unforeseen

15 requirements;

16 (3) the transfer does not involve a

17 transfer of funds to the Reserve for Con18 tingencies of the Director of Central In19 telligence;

20 (4) the transfer does not involve a

21 transfer of funds or personnel from the

22 Federal Bureau of Investigation; and

23 (5) the Secretary or head of the de24 partment which contains the affected ele-
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1 ment or elements of the intelligence com2 munity does not object to such transfer.

3 (c) AVAILABILITY OF TRANSFERRED FUNDS.—

4 Funds transferred under this section shall re5 main available for the same period as the ap6 propriations account to which such funds are

7 transferred.

8 (d) NOTIFICATION OF CONGRESS.—Any

9 transfer of funds under this section shall be

10 carried out in accordance with existing proce11 dures applicable to reprogramming notifica12 tions for the appropriate congressional com13 mittees. Any proposed transfer for which no14 tice is given to the appropriate congressional

15 committees shall be accompanied by a report

16 explaining the nature of the proposed trans17 fer and how it satisfies the requirements of

18 this subsection. In addition, the congressional

19 intelligence committees shall be promptly no20 tified of any transfer of funds made pursuant

21 to this subsection in any case in which the

22 transfer would not have otherwise required

23 reprogramming notification under proce24 dures in effect as of October 24, 1992.
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1 (e) REPORT ON PERSONNEL TRANSFERS.—

2 The Director shall promptly submit to the

3 congressional intelligence committees and, in

4 the case of the transfer of personnel to or

5 from the Department of Defense, the Commit6 tee on Armed Services of the Senate and the

7 Committee on National Security of the House

8 of Representatives, a report on any transfer

9 of personnel made pursuant to this section.

10 The Director shall include in any such report

11 an explanation of the nature of the transfer

12 and how it satisfies the requirements of this

13 subsection.

14 SEC. 224. LIMITATION ON REPROGRAMMING.

15 No funds made available under the Na16 tional Foreign Intelligence Program may be

17 reprogrammed by any element of the Intel18 ligence Community without the prior ap19 proval of the Director of Central Intelligence

20 except in accordance with procedures issued

21 by the Director.

22 Subtitle C—Personnel

23 SEC. 231. USE OF PERSONNEL.

24 The Director of Central Intelligence shall,

25 in coordination with the heads of depart-
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1 ments and agencies with elements in the In2 telligence Community, and subject to the con3 currence of the Secretary of Defense when

4 employees of the Department of Defense are

5 affected, institute policies and programs with6 in the Intelligence Community—

7 (1) to provide for the rotation of per8 sonnel between the elements of the Intel9 ligence Community, where appropriate,

10 and to make such rotated service a factor

11 to be considered for promotion to senior

12 positions;

13 (2) to consolidate, wherever possible,

14 personnel, administrative, and security

15 programs to reduce the overall costs of

16 these activities within the Intelligence

17 Community;

18 (3) to ensure the maintenance of ef19 fective performance evaluation systems

20 with common standards throughout the

21 national Intelligence Community; and

22 (4) to develop a community-wide ca23 reer development program that empha24 sizes corporate management skills.
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1 SEC. 232. AUTHORITY TO TERMINATE EMPLOYMENT OF

2 CERTAIN EMPLOYEES.

3 (a) IN GENERAL.—The Director of Central

4 Intelligence may, in the Director’s discretion,

5 terminate the employment of any officer or

6 employee of the Central Intelligence Agency

7 whenever the Director considers such termi8 nation to be necessary or advisable in the in9 terests of the United States. In the case of an

10 officer or employee who is assigned or de11 tailed to the Community Management Staff

12 from a department or agency other than the

13 Central Intelligence Agency, the Director

14 may, in the Director’s discretion, discontinue

15 the assignment or detail of such officer or em16 ployee to the Community Management Staff

17 and may recommend to the head of such de18 partment or agency that the employment of

19 such officer or employee be terminated.

20 (b) OTHER EMPLOYMENT IN THE GOVERN21 MENT.—Any such termination does not affect

22 the right of the individual whose employment

23 is so terminated to seek or accept employ24 ment in any other department or agency of

25 the Government if declared eligible for such
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1 employment by the Office of Personnel Man2 agement.

3 SEC. 233. STUDY OF AN INTELLIGENCE COMMUNITY RE4 SERVE AND AN INFRASTRUCTURE SUPPORT

5 OFFICE.

6 (a) STUDY.—The Director of Central Intel7 ligence, in consultation with appropriate

8 agency heads, shall study the feasibilty of es9 tablishing an Intelligence Community Re10 serve and an Infrastructure Support Office.

11 (b) MATTERS TO BE INCLUDED IN STUDY

12 WITH RESPECT TO INTELLIGENCE COMMUNITY

13 RESERVE.—The study under this section shall

14 address the following matters with respect to

15 establishment of an Intelligence Community

16 Reserve:

17 (1) The criteria for membership of the

18 Reserve, especially among former and re19 tired employees of elements of the Intel20 ligence Community.

21 (2) Monetary incentives that would be

22 appropriate or necessary to attract indi23 viduals to become members of the Re24 serve.
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1 (3) Programs and authorities that

2 would be required in order to provide

3 training and support for members of the

4 Reserve.

5 (4) Whether service agreements

6 should be offered or required for mem7 bers of the Reserve or as a condition of

8 providing training to a member of the Re9 serve.

10 (5) Any changes in law that may be

11 required in order to implement the Re12 serve.

13 (c) MATTERS TO BE INCLUDED IN STUDY

14 WITH RESPECT TO INTELLIGENCE COMMUNITY

15 RESERVE.—The study under this section shall

16 address the following matters with respect to

17 establishment of an Infrastructure Support

18 Office to be responsible for administrative

19 and logistical functions relating to infrastruc20 ture and services of common concern to ele21 ments of the Intelligence Community:

22 (1) Personnel management.

23 (2) Security.

24 (3) Community-level training.

25 (4) Communications.
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1 (5) Automation.

2 (6) Such additional functions as the

3 Director considers appropriate.

4 Subtitle D—Intelligence

5 Community Administration

6 SEC. 251. SECRECY AGREEMENTS USED IN INTELLIGENCE

7 ACTIVITIES.

8 Notwithstanding any other provision of

9 law not specifically referencing this section, a

10 nondisclosure policy form or agreement that

11 is to be executed by a person connected with

12 the conduct of an intelligence or intelligence13 related activity, other than an employee or of14 ficer of the United States Government, may

15 contain provisions appropriate to the particu16 lar activity for which such document is to be

17 used. Such form or agreement shall, at a mini18 mum—

19 (1) require that the person will not

20 disclose any classified information re21 ceived in the course of such activity un22 less specifically authorized to do so by

23 the United States Government; and

24 (2) provide that the form or agree25 ment does not bar—
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1 (A) disclosures to Congress; or

2 (B) disclosures to an authorized

3 official of an executive agency that

4 are considered essential to reporting

5 a violation of United States law.

6 SEC. 252. COORDINATION OF COUNTERINTELLIGENCE

7 MATTERS WITH THE FEDERAL BUREAU OF

8 INVESTIGATION.

9 (a) COORDINATION BY OTHER AGENCIES

10 WITH FBI.—(1) The head of each department

11 or agency within the executive branch shall

12 ensure that the Director of the Federal Bu13 reau of Investigation is informed immediately

14 of any information, regardless of its origin,

15 which indicates that classified information is

16 being, or may have been, disclosed in an un17 authorized manner to a foreign power or an

18 agent of a foreign power.

19 (2) Following the making of a report

20 under paragraph (1), the head of the depart21 ment or agency making the report shall en22 sure that the Director of the Federal Bureau

23 of Investigation is consulted with respect to

24 all subsequent actions that may be under25 taken by the department or agency to deter-
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1 mine the source of such unauthorized disclo2 sure.

3 (3) When, after appropriate consultation

4 with the head of the department or agency

5 concerned, the Director of the Federal Bureau

6 of Investigation undertakes investigative ac7 tivities to determine the source of the unau8 thorized disclosure, the head of the depart9 ment or agency concerned shall ensure that

10 the Director is given complete and timely ac11 cess to the employees and records of that de12 partment or agency for purposes of such in13 vestigative activities.

14 (b) COORDINATION BY FBI WITH OTHER

15 AGENCIES.—(1) The Director of the Federal Bu16 reau of Investigation shall ensure that when

17 the Bureau obtains espionage information

18 pertaining to the personnel, operations, or in19 formation of another department or agency of

20 the executive branch, such information is pro21 vided through appropriate channels to the

22 head of that department or agency.

23 (2) The Director shall ensure that when

24 the Bureau undertakes an espionage inves25 tigation which involves the personnel, oper-
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1 ations, or information of another department

2 or agency of the executive branch after a re3 port is provided pursuant to subsection (a)(1),

4 the head of that department or agency is con5 sulted with respect to that investigation.

6 (c) PRESIDENTIAL WAIVER AUTHORITY.—(1)

7 When essential to meet extraordinary cir8 cumstances affecting vital national security

9 interests of the United States as determined

10 by the President, the President may, on a

11 case-by-case basis, waive the requirements of

12 subsection (a) or (b), as they apply to the head

13 of a particular department or agency or to the

14 Director of the Federal Bureau of Investiga15 tion.

16 (2) Such a waiver shall be in writing and

17 shall fully state the justification for the waiv18 er.

19 (3) Within 30 days after issuing such a

20 waiver, the President shall notify the congres21 sional intelligence committees that the waiver

22 has been issued and, at that time or as soon

23 thereafter as national security considerations

24 permit, shall provide those committees with a
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1 complete explanation of the circumstances

2 which necessitated the waiver.

3 (d) ANNUAL REPORT.—The Director of the

4 Federal Bureau of Investigation shall, not

5 later than February 1 of each year, submit to

6 the congressional intelligence committees

7 and, in accordance with applicable security

8 procedures, the Committees on the Judiciary

9 of the Senate and House of Representatives a

10 report with respect to compliance with sub11 sections (a) and (b) during the previous cal12 endar year. Each such report shall be pre13 pared in consultation with the Director of

14 Central Intelligence and the Secretary of De15 fense.

16 (e) RELATIONSHIP TO DEPARTMENT OF DE17 FENSE AUTHORITY OVER PERSONS SUBJECT TO

18 UCMJ.—Nothing in this section may be con19 strued to—

20 (1) alter the jurisdictional arrange21 ments in effect as of October 14, 1994, be22 tween the Federal Bureau of Investiga23 tion and the Department of Defense with

24 respect to investigations of persons sub25 ject to the Uniform Code of Military Jus-
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1 tice (chapter 47 of title 10, United States

2 Code); or

3 (2) impose reporting requirements

4 upon the Department of Defense with re5 spect to such investigations beyond those

6 required by law and executive branch

7 policy as of October 14, 1994.

8 (f) DEFINITIONS.—As used in this section,

9 the terms ‘‘foreign power’’ and ‘‘agent of a for10 eign power’’ have the meanings set forth in

11 sections 101(a) and 101(b), respectively, of the

12 Foreign Intelligence Surveillance Act of 1978

13 (50 U.S.C. 1801).

14 SEC. 253. INTELLIGENCE COMMUNITY CONTRACTING.

15 The Director of Central Intelligence shall

16 direct that elements of the Intelligence Com17 munity, whenever compatible with the na18 tional security interests of the United States

19 and consistent with the operational and secu20 rity concerns related to the conduct of intel21 ligence activities, and where fiscally sound,

22 shall award contracts in a manner that would

23 maximize the procurement of products in the

24 United States.
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1 TITLE III—INTELLIGENCE

2 COMMUNITY AGENCIES

3 Subtitle A—Central Intelligence

4 Agency

5 SEC. 301. CENTRAL INTELLIGENCE AGENCY.

6 There is a Central Intelligence Agency.

7 The Central Intelligence Agency is the prin8 cipal all-source national intelligence analyt9 ical agency. The Director of Central Intel10 ligence is the head of the Central Intelligence

11 Agency.

12 SEC. 302. DUTIES OF DIRECTOR OF CENTRAL INTEL13 LIGENCE WITH REGARD TO THE CENTRAL IN14 TELLIGENCE AGENCY.

15 The Director of Central Intelligence, as

16 head of the Central Intelligence Agency,

17 shall—

18 (1) correlate and evaluate intelligence

19 related to the national security;

20 (2) provide appropriate dissemination

21 of such intelligence; and

22 (3) coordinate human intelligence ac23 tivities within the Intelligence Commu24 nity.
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1 SEC. 303. FUNCTIONS OF THE CENTRAL INTELLIGENCE

2 AGENCY.

3 The Director of Central Intelligence, as

4 head of the Central Intelligence Agency, shall

5 perform the following functions:

6 (1) ANALYSIS AND PRODUCTION.—

7 (A) Correlating and evaluating in8 telligence related to national security

9 collected from all sources available

10 throughout the Intelligence Commu11 nity and facilitating appropriate dis12 semination of such intelligence.

13 (B) Coordinating analyses con14 ducted by the elements of the Intel15 ligence Community and establishing

16 procedures for collaborative all17 source analysis.

18 (C) Producing national intel19 ligence estimates.

20 (D) Coordinating the acquisition

21 and incorporation of all-source intel22 ligence into the community all-source

23 analytical process.

24 (2) COLLECTION OF INTELLIGENCE

25 THROUGH HUMAN SOURCES.—
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1 (A) Collecting national intel2 ligence clandestinely through human

3 sources and by other appropriate

4 means.

5 (B) Ensuring that the most effec6 tive use is made of resources author7 ized for the purposes of subpara8 graph (A) and minimizing the risks to

9 the United States inherent in clandes10 tine collection operations.

11 (C) Performing such other func12 tions as the Director of Central Intel13 ligence may direct.

14 SEC. 304. REPORT ON HUMAN INTELLIGENCE COLLECTION

15 ACTIVITIES.

16 Not later than 90 days after the date of the

17 enactment of this Act, the Director of Central

18 Intelligence and the Deputy Secretary of De19 fense shall jointly submit to the Committee on

20 Armed Services and the Select Committee on

21 Intelligence of the Senate and the Committee

22 on National Security and the Permanent Se23 lect Committee on Intelligence of the House of

24 Representatives a report on the ongoing ef25 forts of those officials to achieve commonal-
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1 ity, interoperability, and, where practicable,

2 consolidation of the collection of clandestine

3 intelligence from human sources conducted

4 by the Defense Human Intelligence Service of

5 the Department of Defense and the Direc6 torate of Operations of the Central Intel7 ligence Agency.

8 Subtitle B—The National

9 Intelligence Evaluation Council

10 SEC. 321. NATIONAL INTELLIGENCE EVALUATION COUNCIL.

11 (a) ESTABLISHMENT.—There is within the

12 Intelligence Community the National Intel13 ligence Evaluation Council.

14 (b) MEMBERS.—The National Intelligence

15 Evaluation Council shall be composed of sen16 ior analysts within the Intelligence Commu17 nity and may include substantive experts

18 from the public and private sector. Members

19 of the Council shall be appointed by, report

20 to, and serve at the pleasure of, the Director

21 of Central Intelligence. Such appointments

22 shall be made in consultation with the Sec23 retary of Defense. The Director of Central In24 telligence shall appoint the head of the Coun25 cil from among its members, who shall report
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1 directly to the Director of Central Intel2 ligence.

3 (c) SECURITY REQUIREMENTS.—The Direc4 tor of Central Intelligence shall prescribe ap5 propriate security requirements for person6 nel appointed from the private sector as a

7 condition of service on the Council to ensure

8 the protection of intelligence sources and

9 methods while avoiding, wherever possible,

10 unduly intrusive requirements which the Di11 rector considers to be unnecessary for this

12 purpose.

13 SEC. 322. FUNCTIONS OF THE NATIONAL INTELLIGENCE

14 EVALUATION COUNCIL.

15 The National Intelligence Evaluation

16 Council shall evaluate Intelligence Commu17 nity-wide collection and production of intel18 ligence, as well as the requirements and re19 sources for such collection and production.

20 Such evaluation shall be performed in con21 sultation with both Deputy Directors of

22 Central Intelligence and with the Deputy Sec23 retary of Defense.
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1 SEC. 323. STAFFING OF THE NATIONAL INTELLIGENCE

2 EVALUATION COUNCIL.

3 The Director of Central Intelligence shall

4 make available to the National Intelligence

5 Evaluation Council such staff as may be nec6 essary to permit the Council to carry out its

7 responsibilities under this subtitle and shall

8 take appropriate measures to ensure that the

9 Council and its staff satisfy the needs of pol10 icymaking officials and other consumers of in11 telligence.

12 Subtitle C—Future of Intelligence

13 Collection

14 SEC. 331. PANEL ON THE FUTURE OF INTELLIGENCE COL15 LECTION.

16 (a) STUDY.—The Director of Central Intel17 ligence and the Secretary of Defense shall

18 jointly conduct a study on the future of intel19 ligence collection, in terms of managing col20 lection resources in a more consolidated, syn21 ergistic manner. The study is not limited to,

22 but should include specific examination of the

23 following:

24 (1) Implementation of the National

25 Imagery and Mapping Agency, including

26 an evaluation of its effectiveness and pos-
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1 sible synergies that could be gained by

2 assessing the potential consolidation of

3 other collection activities. These other

4 collection activities should include—

5 (A) signals intelligence (SIGINT)

6 and measurement and signatures in7 telligence (MASINT);

8 (B) first-phase (or initial) exploi9 tation of the results of such collec10 tion;

11 (C) dissemination of such collec12 tion in a timely manner; and

13 (D) development of processing

14 and exploitation technologies to sup15 port these functions.

16 (2) The joint study should include an

17 evaluation of the feasibility and efficacy

18 of consolidating the following functions,

19 which should include—

20 (A) the specification of technical

21 requirements for such reconnais22 sance systems as may be needed to

23 meet the signals intelligence, imagery

24 intelligence, and measurement and

25 signatures intelligence collection re-
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1 quirements of the Intelligence Com2 munity;

3 (B) the operation and final dis4 position of such systems;

5 (C) the conduct of research, de6 velopment, test, and evaluation, for

7 procurement, and for launch of sat8 ellite reconnaissance systems that

9 may be required to satisfy the intel10 ligence collection requirements of the

11 Intelligence Community; and

12 (D) the conduct of research, de13 velopment, test, evaluation and for

14 procurement of reconnaissance, sur15 veillance, and sensor systems, includ16 ing airborne and maritime reconnais17 sance capabilities within the National

18 Foreign Intelligence Program and the

19 Joint Military Intelligence Program.

20 (b) CRITERIA.—The study under subsection

21 (a) shall—

22 (1) take into account current and fu23 ture technological capabilities and intel24 ligence requirements;
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1 (2) take into account the costs and

2 benefits associated with possible addi3 tional consolidations as well as the costs

4 and benefits of maintaining the current

5 system; and

6 (3) examine such possible consolida7 tions both on their individual merits and

8 also with a view toward having such

9 agencies co-exist as an entire new organi10 zational structure.

11 (c) PANEL MEMBERS.—

12 (1) SELECTION.—The Director of

13 Central Intelligence and the Secretary of

14 Defense, jointly, shall select individuals

15 for membership on a panel to conduct the

16 study under subsection (a) who are—

17 (A) current and former members

18 of the Intelligence Community and

19 senior policy makers who are knowl20 edgeable about a diverse range of in21 telligence requirements; and

22 (B) such other public or private

23 individuals as the Director and the

24 Secretary deem appropriate.
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1 (2) BALANCE.—Membership on the

2 panel shall be balanced in terms of tech3 nical and operational knowledge and

4 views so as to ensure the objectivity of

5 the panel’s report.

6 (3) DIRECTOR.—The Director of

7 Central Intelligence, in consultation with

8 the Secretary of Defense, shall appoint a

9 director of the panel from among its

10 members. The director of the panel may

11 create such sub-panels as the director

12 deems appropriate.

13 (d) REPORT.—No later than April 15, 1997,

14 the panel shall submit a report of the study

15 to the Director of Central Intelligence and the

16 Secretary of Defense, who shall forward the

17 report to the President, the congressional in18 telligence committees, the Committee on

19 Armed Services of the Senate, and the Com20 mittee on National Security of the House of

21 Representatives.
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1 TITLE IV—DEPARTMENT OF DE2 FENSE FUNCTIONS IN THE IN3 TELLIGENCE COMMUNITY

4 Subtitle A—Secretary of Defense

5 SEC. 401. OVERALL SECRETARY OF DEFENSE FUNCTIONS.

6 The Secretary of Defense shall perform

7 such intelligence functions as may be directed

8 by the President by Executive order or other9 wise.

10 SEC. 402. REQUIREMENT THAT BUDGETS FOR INTEL11 LIGENCE COMPONENTS BE ADEQUATE.

12 The Secretary of Defense shall ensure that

13 the budgets of the elements of the Intelligence

14 Community within the Department of Defense

15 for any fiscal year are adequate to satisfy the

16 overall intelligence needs of the Department

17 of Defense, including—

18 (1) the needs of the chairman of the

19 Joint Chiefs of Staff;

20 (2) the needs of the commanders of

21 the unified and specified commands; and

22 (3) wherever such elements are per23 forming Government-wide functions, the

24 needs of other departments and agencies,

25 as appropriate.
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1 SEC. 403. IMPLEMENTATION OF DIRECTOR OF CENTRAL IN2 TELLIGENCE POLICIES AND RESOURCE DECI3 SIONS.

4 The Secretary of Defense shall ensure ap5 propriate implementation of the policies and

6 resource decisions of the Director of Central

7 Intelligence by elements of the Department of

8 Defense within the National Foreign Intel9 ligence Program.

10 SEC. 404. RELATIONSHIP OF NFIP ACTIVITIES TO TACTICAL

11 INTELLIGENCE ACTIVITIES.

12 The Secretary of Defense shall ensure that

13 the tactical intelligence activities of the De14 partment of Defense complement, and are

15 compatible with, intelligence activities under

16 the National Foreign Intelligence Program.

17 SEC. 405. RESPONSIVENESS TO OPERATIONAL MILITARY

18 FORCES.

19 The Secretary of Defense shall ensure that

20 the elements of the Intelligence Community

21 within the Department of Defense are respon22 sive and timely with respect to satisfying the

23 needs of operational military forces.
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1 SEC. 406. ELIMINATION OF WASTE AND UNNECESSARY DU2 PLICATION.

3 The Secretary of Defense shall eliminate

4 waste and unnecessary duplication among the

5 intelligence activities of the Department of

6 Defense.

7 SEC. 407. CONDUCT OF DEFENSE INTELLIGENCE ACTIVI8 TIES.

9 The Secretary of Defense shall ensure

10 that, when appropriate, intelligence activities

11 of the Department of Defense are conducted

12 (1) jointly, and (2) cooperatively with ele13 ments of the Intelligence Community outside

14 the Department of Defense.

15 SEC. 408. SIGNALS INTELLIGENCE ACTIVITIES.

16 The Secretary of Defense shall ensure

17 through the National Security Agency (except

18 as otherwise directed by the President or the

19 National Security Council), the continued op20 eration of an effective unified organization

21 for the conduct of signals intelligence activi22 ties and shall ensure that the product is dis23 seminated in a timely manner to authorized

24 recipients.
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1 SEC. 409. IMAGERY COLLECTION, PROCESSING, AND EX2 PLOITATION.

3 The Secretary of Defense shall ensure

4 through the Central Imagery Office (except as

5 otherwise directed by the President or the

6 National Security Council), with appropriate

7 representation from the Intelligence Commu8 nity, the continued operation of an effective

9 unified organization within the Department

10 of Defense for carrying out tasking of imagery

11 collection, for the coordination of imagery

12 processing and exploitation activities, and for

13 ensuring the dissemination of imagery in a

14 timely manner to authorized recipients.

15 SEC. 410. OVERHEAD RECONNAISSANCE SYSTEMS.

16 The Secretary of Defense shall ensure

17 through the National Reconnaissance Office

18 (except as otherwise directed by the Presi19 dent or the National Security Council), the

20 continued operation of an effective unified or21 ganization for the research and development,

22 acquisition, and operation of overhead recon23 naissance systems necessary to satisfy the re24 quirements of all elements of the Intelligence

25 Community.
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1 SEC. 411. DEFENSE INTELLIGENCE AGENCY.

2 The Secretary of Defense shall ensure—

3 (1) through the Defense Intelligence

4 Agency (except as otherwise directed by

5 the President or the National Security

6 Council), the continued operation of an

7 effective unified system within the De8 partment of Defense for the production of

9 timely, objective military and military-re10 lated intelligence, based upon all sources

11 available to the intelligence community,

12 and shall ensure the appropriate dissemi13 nation of such intelligence to authorized

14 recipients; and

15 (2) through the Defense Intelligence

16 Agency (except as otherwise directed by

17 the President or the National Security

18 Council), effective management of De19 partment of Defense human intelligence

20 activities, including defense attaches; and

21 SEC. 412. MILITARY DEPARTMENTS.

22 The Secretary of Defense shall ensure that

23 the military departments maintain sufficient

24 capabilities to collect and produce intel25 ligence to meet—
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1 (1) the requirements of the Director

2 of Central Intelligence;

3 (2) the requirements of the Secretary

4 of Defense or the Chairman of the Joint

5 Chiefs of Staff;

6 (3) the requirements of the unified

7 and specified combatant commands and

8 of joint operations; and

9 (4) the specialized requirements of

10 the military departments for intelligence

11 necessary to support tactical command12 ers, military planners, the research and

13 development process, the acquisition of

14 military equipment, and training and

15 doctrine.

16 SEC. 413. USE OF ELEMENTS OF DEPARTMENT OF DE17 FENSE.

18 The Secretary of Defense, in carrying out

19 the functions of the Secretary under this Act,

20 may use such elements of the Department of

21 Defense as may be appropriate for the execu22 tion of those functions, in addition to, or in

23 lieu of, the elements specifically identified in

24 this Act for the performance of those func25 tions.
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1 SEC. 414. CONSULTATIONS REGARDING APPOINTMENT OF

2 CERTAIN INTELLIGENCE OFFICIALS.

3 (a) IN GENERAL.—Section 201 of title 10,

4 United States Code, is amended to read as fol5 lows:

6 ‘‘§ 201. Consultation regarding appointment of heads

7 of certain intelligence components

8 ‘‘Before submitting a recommendation to

9 the President regarding the appointment of

10 an individual to the position of Director of the

11 National Security Agency, Director of the De12 fense Intelligence Agency, Director of the Na13 tional Reconnaissance Office, or Director of

14 the National Imagery and Mapping Agency,

15 the Secretary of Defense shall consult with

16 the Director of Central Intelligence regarding

17 the recommendation.’’.

18 (b) CLERICAL AMENDMENT.—The item relat19 ing to section 201 in the table of sections at

20 the beginning of subchapter II of chapter 8 of

21 such title is amended to read as follows:

‘‘201. Consultation regarding appointment of heads of certain

intelligence components.’’.
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1 Subtitle B—Director of Military

2 Intelligence

3 SEC. 421. REPORT ON THE ESTABLISHMENT OF A DIREC4 TOR OF MILITARY INTELLIGENCE.

5 (a) REPORT REQUIRED.—Not later than

6 April 15, 1997, the Secretary of Defense shall

7 submit to the congressional committees

8 named in subsection (b) a report on the day9 to-day coordination role of the intelligence ac10 tivities of the military intelligence community

11 performed by the Director of the Defense In12 telligence Agency, as chairman of the Military

13 Intelligence Board. The report shall assess the

14 feasibility of formally establishing the Direc15 tor of the Defense Intelligence Agency as the

16 Director of Military Intelligence, with clear

17 preservation of civilian oversight responsibil18 ities.

19 (b) COMMITTEES.—The committees re20 ferred to in subsection (a) are—

21 (1) the Committee on Armed Services

22 and the Select Committee on Intelligence

23 of the Senate; and

24 (2) the Committee on National Secu25 rity and the Permanent Select Committee
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1 on Intelligence of the House of Rep2 resentatives.

3 Subtitle C—National Imagery and

4 Mapping Agency

5 PART I—ESTABLISHMENT OF AGENCY

6 SEC. 431. ESTABLISHMENT.

7 (a) ESTABLISHMENT.—There is hereby es8 tablished in the Department of Defense a De9 fense Agency to be known as the National Im10 agery and Mapping Agency.

11 (b) TRANSFER OF FUNCTIONS FROM DEPART12 MENT OF DEFENSE ENTITIES.—The missions and

13 functions of the following elements of the De14 partment of Defense are transferred to the

15 National Imagery and Mapping Agency:

16 (1) The Defense Mapping Agency.

17 (2) The Central Imagery Office.

18 (3) Other elements of the Department

19 of Defense as specified in the classified

20 annex to this Act.

21 (c) TRANSFER OF FUNCTIONS FROM CENTRAL

22 INTELLIGENCE AGENCY.—The missions and

23 functions of the following elements of the

24 Central Intelligence Agency are transferred

25 to the National Imagery and Mapping Agency:
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1 (1) The National Photographic Inter2 pretation Center.

3 (2) Other elements of the Central In4 telligence Agency as specified in the clas5 sified annex to this Act.

6 SEC. 432. MISSIONS AND AUTHORITY.

7 (a) AGENCY CHARTER.—Part I of subtitle A

8 of title 10, United States Code, is amended—

9 (1) by redesignating chapter 22 as

10 chapter 23; and

11 (2) by inserting after chapter 21 the

12 following new chapter 22:

13 ‘‘CHAPTER 22—NATIONAL IMAGERY AND

14 MAPPING AGENCY

‘‘Subchapter Sec.

‘‘I. Missions and Authority ......................................................... 441

‘‘II. Maps, Charts, and Geodetic Products ............................. 451

‘‘III. Personnel Management ..................................................... 461

‘‘IV. Definitions ............................................................................. 467

15 ‘‘SUBCHAPTER I—MISSIONS AND

16 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.
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1 ‘‘§ 441. Establishment

2 ‘‘(a) ESTABLISHMENT.—The National Im3 agery and Mapping Agency is a combat sup4 port agency of the Department of Defense and

5 has significant national missions.

6 ‘‘(b) DIRECTOR.—(1) The Director of the Na7 tional Imagery and Mapping Agency is the

8 head of the agency. The Director carries out

9 the Director’s functions subject to the author10 ity, direction, and control of the Secretary of

11 Defense.

12 ‘‘(2) If an officer of the armed forces on ac13 tive duty is appointed to the position of Direc14 tor, the position shall be treated as having

15 been designated by the President as a posi16 tion of importance and responsibility for pur17 poses of section 601 of this title and shall

18 carry the grade of lieutenant general, or, in

19 the case of an officer of the Navy, vice admi20 ral.

21 ‘‘(c) DIRECTOR OF CENTRAL INTELLIGENCE

22 COLLECTION TASKING AUTHORITY.—Unless oth23 erwise directed by the President, the Director

24 of Central Intelligence may (except as other25 wise agreed by the Director and the Secretary

26 of Defense)—
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1 ‘‘(1) approve collection requirements

2 levied on national imagery collection as3 sets;

4 ‘‘(2) determine priorities for such re5 quirements; and

6 ‘‘(3) resolve conflicts in such prior7 ities.

8 ‘‘§ 442. Missions

9 ‘‘(a) NATIONAL SECURITY MISSIONS.—(1) The

10 Director of the National Imagery and Map11 ping Agency shall, in support of the national

12 security objectives of the United States, pro13 vide the following:

14 ‘‘(A) Imagery.

15 ‘‘(B) Imagery intelligence.

16 ‘‘(C) Geospatial information.

17 ‘‘(2) In carrying out paragraph (1), the Di18 rector shall ensure that the information and

19 intelligence provided is timely, relevant, and

20 accurate.

21 ‘‘(b) NAVIGATION INFORMATION.—The Direc22 tor of the National Imagery and Mapping

23 Agency shall improve means of navigating

24 vessels of the Navy and the merchant marine

25 by providing, under the authority of the Sec-
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1 retary of Defense, accurate and inexpensive

2 nautical charts, sailing directions, books on

3 navigation, and manuals of instructions for

4 the use of all vessels of the United States and

5 of navigators generally.

6 ‘‘(c) MAPS, CHARTS, ETC.—The Director of

7 the National Imagery and Mapping Agency

8 shall prepare and distribute maps, charts,

9 books, and geodetic products as authorized

10 under subchapter II of this chapter.

11 ‘‘(d) NATIONAL MISSIONS.—The National

12 Imagery and Mapping Agency also has na13 tional missions as specified in section 120(a)

14 of the National Security Act of 1947.

15 ‘‘(e) SYSTEMS.—The Director of the Agency

16 may, in furtherance of a mission of the Agen17 cy, design, develop, deploy, operate, and

18 maintain systems related to the processing

19 and dissemination of imagery intelligence

20 and geospatial information that may be trans21 ferred to, accepted or used by, or used on be22 half of—

23 ‘‘(1) the armed forces, including any

24 combatant command, component of a
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1 combatant command, joint task force, or

2 tactical unit; or

3 ‘‘(2) any other department or agency

4 of the United States.

5 ‘‘§ 443. Imagery intelligence and geospatial informa6 tion: support for foreign countries

7 ‘‘(a) USE OF APPROPRIATED FUNDS.—The Di8 rector of the National Imagery and Mapping

9 Agency may use appropriated funds available

10 to that Agency to provide foreign countries

11 with imagery intelligence and geospatial in12 formation support.

13 ‘‘(b) FUNDS OTHER THAN APPROPRIATED

14 FUNDS.—The Director may use funds other

15 than appropriated funds to provide foreign

16 countries with imagery intelligence and

17 geospatial information support, notwith18 standing provisions of law relating to the ex19 penditure of funds of the United States, ex20 cept that—

21 ‘‘(1) no such funds may be expended,

22 in whole or in part, by or for the benefit

23 of the National Imagery and Mapping

24 Agency for a purpose for which Congress

25 had previously denied funds.
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1 ‘‘(2) proceeds from the sale of imagery

2 intelligence or geospatial information

3 items may be used only to purchase re4 placement items similar to the items that

5 are sold; and

6 ‘‘(3) the authority provided by this

7 subsection may not be used to acquire

8 items or services for the principal benefit

9 of the United States.

10 ‘‘(c) ACCOMMODATION PROCUREMENTS.—The

11 authority under this section may be exercised

12 to conduct accommodation procurements on

13 behalf of foreign countries.

14 ‘‘(d) COORDINATION WITH DIRECTOR OF

15 CENTRAL INTELLIGENCE.—The Director of the

16 Agency shall coordinate with the Director of

17 Central Intelligence any action under this

18 section that involves imagery intelligence or

19 intelligence products or involves providing

20 support to an intelligence or security service

21 of a foreign country.

22 ‘‘§ 444. Support from Central Intelligence Agency

23 ‘‘(a) SUPPORT AUTHORIZED.—The Director

24 of Central Intelligence may provide support

25 in accordance with this section to the Direc-
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1 tor of the National Imagery and Mapping

2 Agency. The Director of the National Imagery

3 and Mapping Agency may accept support pro4 vided under this section.

5 ‘‘(b) ADMINISTRATIVE AND CONTRACT SERV6 ICES.—(1) In furtherance of the national intel7 ligence effort, the Director of Central Intel8 ligence may provide administrative and con9 tract services to the National Imagery and

10 Mapping Agency as if that agency were an or11 ganizational element of the Central Intel12 ligence Agency.

13 ‘‘(2) Services provided under paragraph

14 (1) may include the services of security police.

15 For purposes of section 15 of the Central In16 telligence Agency Act of 1949 (50 U.S.C. 403o),

17 an installation of the National Imagery and

18 Mapping Agency that is provided security po19 lice services under this section shall be con20 sidered an installation of the Central Intel21 ligence Agency.

22 ‘‘(3) Support provided under this sub23 section shall be provided under terms and

24 conditions agreed upon by the Secretary of
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1 Defense and the Director of Central Intel2 ligence.

3 ‘‘(c) DETAIL OF PERSONNEL.—The Director

4 of Central Intelligence may detail personnel

5 of the Central Intelligence Agency indefi6 nitely to the National Imagery and Mapping

7 Agency without regard to any limitation on

8 the duration of interagency details of Federal

9 Government personnel.

10 ‘‘(d) REIMBURSABLE OR NONREIMBURSABLE

11 SUPPORT.—Support under this section may be

12 provided and accepted on either a reimburs13 able basis or a nonreimbursable basis.

14 ‘‘(e) AUTHORITY TO TRANSFER FUNDS.—(1)

15 The Director of the National Imagery and

16 Mapping Agency may transfer funds available

17 for that agency to the Director of Central In18 telligence for the Central Intelligence Agency.

19 ‘‘(2) The Director of Central Intelligence—

20 ‘‘(A) may accept funds transferred

21 under paragraph (1); and

22 ‘‘(B) shall expend such funds, in ac23 cordance with the Central Intelligence

24 Agency Act of 1949 (50 U.S.C. 403a et

25 seq.), to provide administrative and con-
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1 tract services or detail personnel to the

2 National Imagery and Mapping Agency

3 under this section.

4 ‘‘§ 445. Protection of agency identifications and orga5 nizational information

6 ‘‘(a) UNAUTHORIZED USE OF AGENCY NAME,

7 INITIALS, OR SEAL.—(1) Except with the written

8 permission of the Secretary of Defense, no

9 person may knowingly use, in connection

10 with any merchandise, retail product, imper11 sonation, solicitation, or commercial activity

12 in a manner reasonably calculated to convey

13 the impression that such use is approved, en14 dorsed, or authorized by the Secretary of De15 fense, any of the following:

16 ‘‘(A) The words ‘National Imagery and

17 Mapping Agency’, the initials ‘NIMA’, or

18 the seal of the National Imagery and

19 Mapping Agency.

20 ‘‘(B) The words ‘Defense Mapping

21 Agency’, the initials ‘DMA’, or the seal of

22 the Defense Mapping Agency.

23 ‘‘(C) Any colorable imitation of such

24 words, initials, or seals.
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1 ‘‘(2) Whenever it appears to the Attorney

2 General that any person is engaged or about

3 to engage in an act or practice which con4 stitutes or will constitute conduct prohibited

5 by paragraph (1), the Attorney General may

6 initiate a civil proceeding in a district court

7 of the United States to enjoin such act or

8 practice. Such court shall proceed as soon as

9 practicable to a hearing and determination of

10 such action and may, at any time before such

11 final determination, enter such restraining

12 orders or prohibitions, or take such other ac13 tion as is warranted, to prevent injury to the

14 United States or to any person or class of per15 sons for whose protection the action is

16 brought.

17 ‘‘(b) PROTECTION OF ORGANIZATIONAL IN18 FORMATION.—Notwithstanding any other pro19 vision of law, the Director of the National Im20 agery and Mapping Agency is not required to

21 disclose the organization of the agency, any

22 function of the agency, any information with

23 respect to the activities of the agency, or the

24 names, titles, salaries, or number of the per25 sons employed by the agency. This subsection
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1 does not apply to disclosures of information

2 to Congress.

3 ‘‘SUBCHAPTER II—MAPS, CHARTS, AND

4 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.

5 ‘‘SUBCHAPTER III—PERSONNEL

6 MANAGEMENT

‘‘Sec.

‘‘461. Management rights.

7 ‘‘§ 461. Management rights

8 ‘‘(a) SCOPE.—If there is no obligation

9 under the provisions of chapter 71 of title 5

10 for the head of an agency of the United States

11 to consult or negotiate with a labor organiza12 tion on a particular matter by reason of that

13 matter being covered by a provision of law or

14 a Governmentwide regulation, the Director of

15 the National Imagery and Mapping Agency is

16 not obligated to consult or negotiate with a

17 labor organization on that matter even if that

18 provision of law or regulation is inapplicable

19 to the National Imagery and Mapping Agency.
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1 ‘‘(b) BARGAINING UNITS.—The National Im2 agery and Mapping Agency shall accord ex3 clusive recognition to a labor organization

4 under section 7111 of title 5 only for a bar5 gaining unit that was recognized as appro6 priate for the Defense Mapping Agency on the

7 day before the date on which employees and

8 positions of the Defense Mapping Agency in

9 that bargaining unit became employees and

10 positions of the National Imagery and Map11 ping Agency under the Intelligence Commu12 nity Act.

13 ‘‘(c) TERMINATION OF BARGAINING UNIT COV14 ERAGE OF POSITION MODIFIED TO AFFECT NA15 TIONAL SECURITY DIRECTLY.—(1) If the Director

16 of the National Imagery and Mapping Agency

17 determines that the responsibilities of a posi18 tion within a collective bargaining unit

19 should be modified to include intelligence,

20 counterintelligence, investigative, or security

21 duties not previously assigned to that posi22 tion and that the performance of the newly as23 signed duties directly affects the national se24 curity of the United States, then, upon such

25 a modification of the responsibilities of that
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1 position, the position shall cease to be cov2 ered by the collective bargaining unit and the

3 employee in that position shall cease to be en4 titled to representation by a labor organiza5 tion accorded exclusive recognition for that

6 collective bargaining unit.

7 ‘‘(2) A determination described in para8 graph (1) that is made by the Director of the

9 National Imagery and Mapping Agency may

10 not be reviewed by the Federal Labor Rela11 tions Authority or any court of the United

12 States.

13 ‘‘SUBCHAPTER IV—DEFINITIONS

‘‘Sec.

‘‘467. Definitions.

14 ‘‘§ 467. Definitions

15 ‘‘In this chapter:

16 ‘‘(1) The term ‘function’ means any

17 duty, obligation, responsibility, privilege,

18 activity, or program.

19 ‘‘(2)(A) The term ‘imagery’ means, ex20 cept as provided in subparagraph (B), a

21 likeness or presentation of any natural or

22 manmade feature or related object or ac23 tivity and the positional data acquired at
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1 the same time the likeness or representa2 tion was acquired, including—

3 ‘‘(i) products produced by space4 based national intelligence reconnais5 sance systems; and

6 ‘‘(ii) likenesses or presentations

7 produced by satellites, airborne plat8 forms, unmanned aerial vehicles, or

9 other similar means.

10 ‘‘(B) Such term does not include

11 handheld or clandestine photography

12 taken by or on behalf of human intel13 ligence collection organizations.

14 ‘‘(3) The term ‘imagery intelligence’

15 means the technical, geographic, and in16 telligence information derived through

17 the interpretation or analysis of imagery

18 and collateral materials.

19 ‘‘(4) The term ‘geospatial information’

20 means information that identifies the ge21 ographic location and characteristics of

22 natural or constructed features and

23 boundaries on the earth and includes—

24 ‘‘(A) statistical data and informa25 tion derived from, among other
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1 things, remote sensing, mapping, and

2 surveying technologies;

3 ‘‘(B) mapping, charting, and geo4 detic data; and

5 ‘‘(C) geodetic products, as defined

6 in section 455(c) of this title.’’.

7 (b) TRANSFER OF DEFENSE MAPPING AGENCY

8 PROVISIONS.—(1) Sections 2792, 2793, 2794,

9 2795, 2796, and 2798 of title 10, United States

10 Code, are transferred to subchapter II of

11 chapter 22 of such title, as added by sub12 section (a), inserted in that sequence in such

13 subchapter following the table of sections,

14 and redesignated in accordance with the fol15 lowing table:

Section Section as

transferred redesignated

2792 ........................................................................................... 451

2793 ........................................................................................... 452

2794 ........................................................................................... 453

2795 ........................................................................................... 454

2796 ........................................................................................... 455

2798 ........................................................................................... 456.

16 (2) Sections 451(1), 452, 453, 454, and 455

17 (in subsections (a) and (b)(1)(C)), and 456 of

18 title 10, United States Code, as transferred

19 and redesignated by paragraph (1), are

20 amended by striking out ‘‘Defense Mapping

21 Agency’’ each place it appears and inserting
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1 in lieu thereof ‘‘National Imagery and Map2 ping Agency’’.

3 (c) OVERSIGHT OF AGENCY AS A COMBAT SUP4 PORT AGENCY.—Section 193 of title 10, United

5 States Code, is amended—

6 (1) in subsection (d)—

7 (A) by striking out the caption

8 and inserting in lieu thereof ‘‘REVIEW

9 OF NATIONAL SECURITY AGENCY AND

10 NATIONAL IMAGERY AND MAPPING

11 AGENCY.—’’;

12 (B) in paragraph (1)—

13 (i) by inserting ‘‘and the Na14 tional Imagery and Mapping

15 Agency’’ after ‘‘the National Secu16 rity Agency’’; and

17 (ii) by striking out ‘‘the Agen18 cy’’ and inserting in lieu thereof

19 ‘‘that the agencies’’; and

20 (C) in paragraph (2), by inserting

21 ‘‘and the National Imagery and Map22 ping Agency’’ after ‘‘the National Se23 curity Agency’’;

24 (2) in subsection (e)—
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1 (A) by striking out ‘‘DIA AND NSA’’

2 in the caption and inserting in lieu

3 thereof the following: ‘‘DIA, NSA, AND

4 NIMA.—’’; and

5 (B) by striking out ‘‘and the Na6 tional Security Agency’’ and inserting

7 in lieu thereof ‘‘, the National Secu8 rity Agency, and the National Im9 agery and Mapping Agency’’; and

10 (3) in subsection (f), by striking out

11 paragraph (4) and inserting in lieu there12 of the following:

13 ‘‘(4) The National Imagery and Map14 ping Agency.’’.

15 (d) SPECIAL PRINTING AUTHORITY FOR

16 AGENCY.—(1) Section 207(a)(2)(B) of the Legis17 lative Branch Appropriations Act, 1993 (Pub18 lic Law 102–392; 44 U.S.C. 501 note), is amend19 ed by inserting ‘‘National Imagery and Map20 ping Agency,’’ after ‘‘Defense Intelligence

21 Agency,’’.

22 (2) Section 1336 of title 44, United States

23 Code, is amended—

24 (A) by striking out ‘‘Secretary of the

25 Navy’’ and inserting in lieu thereof ‘‘Di-
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1 rector of the National Imagery and Map2 ping Agency’’; and

3 (B) by striking out ‘‘United States

4 Naval Oceanographic Office’’ and insert5 ing in lieu thereof ‘‘National Imagery and

6 Mapping Agency’’.

7 SEC. 433. TRANSFERS OF PERSONNEL AND ASSETS.

8 The personnel, assets, unobligated bal9 ances of appropriations and authorizations of

10 appropriations, and, to the extent jointly de11 termined appropriate by the Secretary of De12 fense and Director of Central Intelligence, ob13 ligated balances of appropriations and au14 thorizations of appropriations employed,

15 used, held, arising from, or available in con16 nection with the missions and functions

17 transferred under section 431(c) are trans18 ferred to the National Imagery and Mapping

19 Agency. Transfers of appropriations from the

20 Central Intelligence Agency under this sec21 tion shall be made in accordance with section

22 1531 of title 31, United States Code.
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1 SEC. 434. COMPATIBILITY WITH AUTHORITY UNDER THE

2 INTELLIGENCE COMMUNITY ACT.

3 Consistent with the other provisions of

4 this Act, the Secretary of Defense shall en5 sure, through the National Imagery and Map6 ping Agency (except as otherwise directed by

7 the President or the National Security Coun8 cil) and with appropriate representation from

9 the intelligence community, the continued op10 eration of an effective unified organization

11 within the Department of Defense—

12 (1) for carrying out tasking of im13 agery collection;

14 (2) for the coordination of imagery

15 processing and exploitation activities;

16 (3) for ensuring the dissemination of

17 imagery in a timely manner to authorized

18 recipients; and

19 (4) notwithstanding any other provi20 sion of law, for—

21 (A) prescribing technical architec22 ture and standards related to im23 agery intelligence and geospatial in24 formation and ensuring compliance

25 with such architecture and stand26 ards; and
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1 (B) developing and fielding sys2 tems of common concern related to

3 imagery intelligence and geospatial

4 information.

5 SEC. 435. NATIONAL MISSION OF NATIONAL IMAGERY AND

6 MAPPING AGENCY.

7 (a) IN GENERAL.—In addition to the De8 partment of Defense missions set forth in sec9 tion 442 of title 10, United States Code, the Na10 tional Imagery and Mapping Agency shall

11 support the imagery requirements of the De12 partment of State and other departments and

13 agencies of the United States outside the De14 partment of Defense.

15 (b) REQUIREMENTS AND PRIORITIES.—The

16 Director of Central Intelligence shall estab17 lish requirements and priorities governing

18 the collection of national intelligence by the

19 National Imagery and Mapping Agency under

20 subsection (a).

21 (c) CORRECTION OF DEFICIENCIES.—The Di22 rector of Central Intelligence shall develop

23 and implement such programs and policies as

24 the Director and the Secretary of Defense

25 jointly determine necessary to review and
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1 correct deficiencies identified in the capabili2 ties of the National Imagery and Mapping

3 Agency to accomplish assigned national mis4 sions. The Director shall consult with the Sec5 retary of Defense on the development and im6 plementation of such programs and policies.

7 The Secretary shall obtain the advice of the

8 Chairman of the Joint Chiefs of Staff regard9 ing the matters on which the Director and the

10 Secretary are to consult under the preceding

11 sentence.

12 SEC. 436. CREDITABLE CIVILIAN SERVICE FOR CAREER

13 CONDITIONAL EMPLOYEES OF THE DEFENSE

14 MAPPING AGENCY.

15 In the case of an employee of the National

16 Imagery and Mapping Agency who, on the day

17 before the effective date of this title, was an

18 employee of the Defense Mapping Agency in

19 a career-conditional status, the continuous

20 service of that employee as an employee of the

21 National Imagery and Mapping Agency on

22 and after such date shall be considered cred23 itable service for the purpose of any deter24 mination of the career status of the employee.
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1 SEC. 437. SAVING PROVISIONS.

2 (a) CONTINUING EFFECT ON LEGAL DOCU3 MENTS.—All orders, determinations, rules, reg4 ulations, permits, agreements, international

5 agreements, grants, contracts, leases, certifi6 cates, licenses, registrations, privileges, and

7 other administrative actions—

8 (1) which have been issued, made,

9 granted, or allowed to become effective

10 by the President, any Federal agency or

11 official thereof, or by a court of com12 petent jurisdiction, in connection with

13 any of the functions which are trans14 ferred under this title or any function

15 that the National Imagery and Mapping

16 Agency is authorized to perform by law,

17 and

18 (2) which are in effect at the time this

19 title takes effect, or were final before the

20 effective date of this title and are to be21 come effective on or after the effective

22 date of this title,

23 shall continue in effect according to their

24 terms until modified, terminated, superseded,

25 set aside, or revoked in accordance with law

26 by the President, the Secretary of Defense,
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1 the Director of the National Imagery and

2 Mapping Agency or other authorized official,

3 a court of competent jurisdiction, or by oper4 ation of law.

5 (b) PROCEEDINGS NOT AFFECTED.—This

6 title and the amendments made by this title

7 shall not affect any proceedings, including no8 tices of proposed rulemaking, or any applica9 tion for any license, permit, certificate, or fi10 nancial assistance pending before an element

11 of the Department of Defense or Central Intel12 ligence Agency at the time this title takes ef13 fect, with respect to function of that element

14 transferred by section 442, but such proceed15 ings and applications shall be continued. Or16 ders shall be issued in such proceedings, ap17 peals shall be taken therefrom, and payments

18 shall be made pursuant to such orders, as if

19 this title had not been enacted, and orders is20 sued in any such proceedings shall continue

21 in effect until modified, terminated, super22 seded, or revoked by a duly authorized offi23 cial, by a court of competent jurisdiction, or

24 by operation of law. Nothing in this section

25 shall be deemed to prohibit the discontinu-
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1 ance or modification of any such proceeding

2 under the same terms and conditions and to

3 the same extent that such proceeding could

4 have been discontinued or modified if this

5 title had not been enacted.

6 SEC. 438. DEFINITIONS.

7 In this part, the terms ‘‘function’’, ‘‘im8 agery’’, ‘‘imagery intelligence’’, and

9 ‘‘geospatial information’’ have the meanings

10 given those terms in section 467 of title 10,

11 United States Code, as added by section 432.

12 PART II—CONFORMING AMENDMENTS AND

13 EFFECTIVE DATE

14 SEC. 441. REDESIGNATION AND REPEALS.

15 (a) REDESIGNATION.—Chapter 23 of title 10,

16 United States Code (as redesignated by sec17 tion 432(a)(1)) is amended by redesignating

18 the sections in that chapter as sections 481

19 and 482, respectively.

20 (b) REPEAL OF SUPERSEDED LAW.—Chapter

21 167 of such title, as amended by section

22 432(b), is repealed.

23 SEC. 442. REFERENCE AMENDMENTS.

24 (a) TITLE 5, UNITED STATES CODE.—Title 5,

25 United States Code, is amended as follows:
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1 (1) CENTRAL IMAGERY OFFICE.—Sec2 tions 2302(a)(2)(C)(ii), 3132(a)(1)(B),

3 4301(1) (in clause (ii)), 4701(a)(1)(B),

4 5102(a)(1) (in clause (xi)), 5342(a)(1)(L),

5 6339(a)(1)(E), and 7323(b)(2)(B)(i)(XIII)

6 are amended by striking out ‘‘Central Im7 agery Office’’ and inserting in lieu there8 of ‘‘National Imagery and Mapping Agen9 cy’’.

10 (2) DIRECTOR, CENTRAL IMAGERY OF11 FICE.—Section 6339(a)(2)(E) is amended

12 by striking out ‘‘Central Imagery Office,

13 the Director of the Central Imagery Of14 fice’’ and inserting in lieu thereof ‘‘Na15 tional Imagery and Mapping Agency, the

16 Director of the National Imagery and

17 Mapping Agency’’.

18 (b) OTHER LAWS.—The following provi19 sions of law are amended by striking out

20 ‘‘Central Imagery Office’’ and inserting in lieu

21 thereof ‘‘National Imagery and Mapping Agen22 cy’’:

23 (1) NATIONAL SECURITY ACT OF 1947.—

24 Section 3(4)(E) of the National Security

25 Act of 1947 (50 U.S.C. 401a(4)(E).
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1 (2) ETHICS IN GOVERNMENT ACT OF

2 1978.—Section 105(a) of the Ethics in Gov3 ernment Act of 1978 (Public Law 95–521;

4 5 U.S.C. App. 4).

5 (3) EMPLOYEE POLYGRAPH PROTECTION

6 ACT.—Section 7(b)(2)(A)(i) of the Em7 ployee Polygraph Protection Act of 1988

8 (Public Law 100–347; 29 U.S.C.

9 2006(b)(2)(A)(i)).

10 (c) CROSS REFERENCE.—Section 82 of title

11 14, United States Code, is amended by strik12 ing out ‘‘chapter 167’’ and inserting in lieu

13 thereof ‘‘subchapter II of chapter 22’’.

14 SEC. 443. HEADINGS AND CLERICAL AMENDMENTS.

15 (a) TITLE 10, UNITED STATES CODE.—

16 (1) The table of chapters at the begin17 ning of subtitle A of title 10, United

18 States Code, is amended—

19 (A) by striking out the item relat20 ing to chapter 22 and inserting in lieu

21 thereof the following:

‘‘22. National Imagery and Mapping Agency ........................ 441

‘‘23. Miscellaneous Studies and Reports ................................ 471’’;

22 and

23 (B) by striking out the item relat24 ing to chapter 167.
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1 (2) The table of chapters at the begin2 ning of part I of such subtitle is amended

3 by striking out the item relating to chap4 ter 22 and inserting in lieu thereof the

5 following:

‘‘22. National Imagery and Mapping Agency ........................ 441

‘‘23. Miscellaneous Studies and Reports ................................ 471’’;

6 (3) The table of chapters at the begin7 ning of part IV of such subtitle is amend8 ed by striking out the item relating to

9 chapter 167.

10 (4) The items in the table of sections

11 at the beginning of chapter 23 of title 10,

12 United States Code (as redesignated by

13 section 432(a)(1)), are revised so as to re14 flect the redesignations made by section

15 441(a).

16 (b) TITLE 44, UNITED STATES CODE.—

17 (1) The heading of section 1336 of

18 title 44, United States Code, is amended

19 to read as follows:

20 ‘‘§ 1336. National Imagery and Mapping Agency: spe21 cial publications’’.

22 (2) The item relating to that section

23 in the tables of sections at the beginning
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1 of chapter 13 of such title is amended to

2 read as follows:

‘‘1336. National Imagery and Mapping Agency: special publications.’’.

3 SEC. 444. EFFECTIVE DATE.

4 This subtitle and the amendments made

5 by this subtitle shall take effect on the later

6 of October 1, 1996, or the date of the enact7 ment of an Act, whichever is later.

8 Subtitle D—Civilian Intelligence

9 Personnel Policy

10 SEC. 481. MANAGEMENT OF CIVILIAN INTELLIGENCE PER11 SONNEL.

12 (a) CONSOLIDATION AND STANDARDIZATION

13 OF CIVILIAN PERSONNEL POLICY.—Chapter 83 of

14 title 10, United States Code, is amended—

15 (1) by redesignating section 1602 as

16 section 1621 and transferring that section

17 so as to appear after section 1605;

18 (2) by redesignating sections 1606 and

19 1608 as section 1622 and 1623, respec20 tively; and

21 (3) by striking out the chapter head22 ing, the table of sections, and sections

23 1601, 1603, and 1604 and inserting in lieu

24 thereof the following:
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1 ‘‘CHAPTER 83—CIVILIAN DEFENSE

2 INTELLIGENCE EMPLOYEES

‘‘Subchapter Sec.

‘‘I. Defense-Wide Intelligence Personnel Policy ................... 1601

‘‘II. Defense Intelligence Agency Personnel .......................... 1621

3 ‘‘SUBCHAPTER I—DEFENSE-WIDE

4 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.

5 ‘‘§ 1601. Civilian intelligence personnel: general au6 thority to establish excepted positions,

7 appoint personnel, and fix rates of pay

8 ‘‘(a) GENERAL AUTHORITY.—The Secretary

9 of Defense may—

10 ‘‘(1) establish, as positions in the ex11 cepted service, such defense intelligence

12 positions in the intelligence components

13 of the Department of Defense and the

14 military departments as the Secretary de-
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1 termines necessary to carry out the intel2 ligence functions of those components

3 and departments, including—

4 ‘‘(A) Intelligence Senior Level po5 sitions designated under section 1607

6 of this title; and

7 ‘‘(B) positions in the Defense In8 telligence Senior Executive Service;

9 ‘‘(2) appoint individuals to those posi10 tions (after taking into consideration the

11 availability of preference eligibles for ap12 pointment to those positions); and

13 ‘‘(3) fix the compensation of such indi14 viduals for service in those positions.

15 ‘‘(b) CONSTRUCTION WITH OTHER LAWS.—

16 The authority of the Secretary of Defense

17 under subsection (a) applies without regard

18 to the provisions of any other law relating to

19 the appointment, number, classification, or

20 compensation of employees.

21 ‘‘§ 1602. Basic pay

22 ‘‘(a) AUTHORITY TO FIX RATES OF BASIC

23 PAY.—The Secretary of Defense (subject to the

24 provisions of this section) shall fix the rates

25 of basic pay for positions established under
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1 section 1601 of this title in relation to the

2 rates of basic pay provided in subpart D of

3 part III of title 5 for positions subject to that

4 subpart which have corresponding levels of

5 duties and responsibilities.

6 ‘‘(b) MAXIMUM RATES.—A rate of basic pay

7 fixed under subsection (a) for a position es8 tablished under section 1601 of this title may

9 not (except as otherwise provided by law) ex10 ceed—

11 ‘‘(1) in the case of a Defense Intel12 ligence Senior Executive Service posi13 tion, the maximum rate provided in

14 section 5382 of title 5;

15 ‘‘(2) in the case of an Intelligence Sen16 ior Level position, the maximum rate pro17 vided in section 5382 of title 5; and

18 ‘‘(3) in the case of any other position,

19 the maximum rate provided in section

20 5306(e) of title 5.

21 ‘‘(c) PREVAILING RATE SYSTEMS.—The Sec22 retary of Defense may, consistent with section

23 5341 of title 5, adopt such provisions of that

24 title as provide for prevailing rate systems of

25 basic pay and may apply those provisions to
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1 positions for civilian employees in or under

2 which the Department of Defense may employ

3 individuals described by section 5342(a)(2)(A)

4 of that title.

5 ‘‘§ 1603. Additional compensation, incentives, and al6 lowances

7 ‘‘(a) ADDITIONAL COMPENSATION BASED ON

8 TITLE 5 AUTHORITIES.—The Secretary of De9 fense may provide employees in defense intel10 ligence positions compensation (in addition to

11 basic pay), including benefits, incentives, and

12 allowances, consistent with, and not in excess

13 of the level authorized for, comparable posi14 tions authorized by title 5.

15 ‘‘(b) ALLOWANCES BASED ON LIVING COSTS

16 AND ENVIRONMENT.—(1) In addition to basic

17 pay, employees in defense intelligence posi18 tions who are citizens or nationals of the

19 United States and are stationed outside the

20 continental United States or in Alaska may be

21 paid an allowance, in accordance with regula22 tions prescribed by the Secretary of Defense,

23 while they are so stationed.

24 ‘‘(2) An allowance under this subsection

25 shall be based on—
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1 ‘‘(A) living costs substantially higher

2 than in the District of Columbia;

3 ‘‘(B) conditions of environment which

4 (i) differ substantially from conditions of

5 environment in the continental United

6 States, and (ii) warrant an allowance as a

7 recruitment incentive; or

8 ‘‘(C) both of the factors specified in

9 subparagraphs (A) and (B).

10 ‘‘(3) An allowance under this subsection

11 may not exceed the allowance authorized to

12 be paid by section 5941(a) of title 5 for em13 ployees whose rates of basic pay are fixed by

14 statute.’’.

15 (b) MATTERS OTHER THAN PAY AND BENE16 FITS.—Such chapter is further amended by in17 serting after section 1605 the following new

18 sections:

19 ‘‘§ 1606. Defense Intelligence Senior Executive Serv20 ice

21 ‘‘(a) ESTABLISHMENT.—The Secretary of De22 fense may establish a Defense Intelligence

23 Senior Executive Service for defense intel24 ligence positions established pursuant to sec25 tion 1601(a) of this title that are equivalent to
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1 Senior Executive Service positions. The num2 ber of positions in the Defense Intelligence

3 Senior Executive Service may not exceed the

4 number of Defense Intelligence Senior Execu5 tive Service positions established as of Janu6 ary 1, 1996.

7 ‘‘(b) REGULATIONS CONSISTENT WITH TITLE

8 5 PROVISIONS.—The Secretary of Defense shall

9 prescribe regulations for the Defense Intel10 ligence Senior Executive Service which are

11 consistent with the requirements set forth in

12 sections 3131, 3132(a)(2), 3393a, 3396(c), 3592,

13 3595(a), 5384, and 6304 of title 5, subsections

14 (a), (b), and (c) of section 7543 of such title (ex15 cept that any hearing or appeal to which a

16 member of the Defense Intelligence Senior

17 Executive Service is entitled shall be held or

18 decided pursuant to those regulations), and

19 subchapter II of chapter 43 of such title. To

20 the extent that the Secretary determines it

21 practicable to apply to members of, or appli22 cants for, the Defense Intelligence Senior Ex23 ecutive Service other provisions of title 5 that

24 apply to members of, or applicants for, the

25 Senior Executive Service, the Secretary shall
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1 also prescribe regulations to implement those

2 provisions with respect to the Defense Intel3 ligence Senior Executive Service.

4 ‘‘(c) AWARD OF RANK TO MEMBERS OF THE

5 DEFENSE INTELLIGENCE SENIOR EXECUTIVE

6 SERVICE.—The President, based on the rec7 ommendations of the Secretary of Defense,

8 may award a rank referred to in section 4507

9 of title 5 to members of the Defense Intel10 ligence Senior Executive Service. The award

11 of such rank shall be made in a manner con12 sistent with the provisions of that section.

13 ‘‘§ 1607. Intelligence Senior Level positions

14 ‘‘(a) DESIGNATION OF POSITIONS.—The Sec15 retary of Defense may designate as an Intel16 ligence Senior Level position any defense in17 telligence position that, as determined by the

18 Secretary—

19 ‘‘(1) is classifiable above grade GS–15

20 of the General Schedule;

21 ‘‘(2) does not satisfy functional or pro22 gram management criteria for being des23 ignated a Defense Intelligence Senior Ex24 ecutive Service position; and
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1 ‘‘(3) has no more than minimal super2 visory responsibilities.

3 ‘‘(b) REGULATIONS.—Subsection (a) shall be

4 carried out in accordance with regulations

5 prescribed by the Secretary of Defense.

6 ‘‘§ 1608. Time-limited appointments

7 ‘‘(a) AUTHORITY FOR TIME-LIMITED APPOINT8 MENTS.—The Secretary of Defense may by reg9 ulation authorize appointing officials to make

10 time-limited appointments to defense intel11 ligence positions specified in the regulations.

12 ‘‘(b) REVIEW OF USE OF AUTHORITY.—The

13 Secretary of Defense shall review each time14 limited appointment in a defense intelligence

15 position at the end of the first year of the pe16 riod of the appointment and determine

17 whether the appointment should be contin18 ued for the remainder of the period. The con19 tinuation of a time-limited appointment after

20 the first year shall be subject to the approval

21 of the Secretary.

22 ‘‘(c) CONDITION ON PERMANENT APPOINT23 MENT TO DEFENSE INTELLIGENCE SENIOR EXECU24 TIVE SERVICE.—An employee serving in a de25 fense intelligence position pursuant to a time-
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1 limited appointment is not eligible for a per2 manent appointment to a Defense Intelligence

3 Senior Executive Service position (including

4 a position in which the employee is serving)

5 unless the employee is selected for the perma6 nent appointment on a competitive basis.

7 ‘‘(d) TIME-LIMITED APPOINTMENT DE8 FINED.—In this section, the term ‘time-limited

9 appointment’ means an appointment (subject

10 to the condition in subsection (b)) for a period

11 not to exceed two years.

12 ‘‘§ 1609. Termination of defense intelligence employ13 ees

14 ‘‘(a) TERMINATION AUTHORITY.—Notwith15 standing any other provision of law, the Sec16 retary of Defense may terminate the employ17 ment of any employee in a defense intel18 ligence position if the Secretary—

19 ‘‘(1) considers that action to be in the

20 interests of the United States; and

21 ‘‘(2) determines that the procedures

22 prescribed in other provisions of law that

23 authorize the termination of the employ24 ment of such employee cannot be invoked
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1 in a manner consistent with the national

2 security.

3 ‘‘(b) FINALITY.—A decision by the Sec4 retary of Defense to terminate the employ5 ment of an employee under this section is

6 final and may not be appealed or reviewed

7 outside the Department of Defense.

8 ‘‘(c) NOTIFICATION TO CONGRESSIONAL COM9 MITTEES.—Whenever the Secretary of Defense

10 terminates the employment of an employee

11 under the authority of this section, the Sec12 retary shall promptly notify the congressional

13 oversight committees of such termination.

14 ‘‘(d) PRESERVATION OF RIGHT TO SEEK

15 OTHER EMPLOYMENT.—Any termination of em16 ployment under this section does not affect

17 the right of the employee involved to seek or

18 accept employment with any other depart19 ment or agency of the United States if that

20 employee is declared eligible for such employ21 ment by the Director of the Office of Person22 nel Management.

23 ‘‘(e) LIMITATION ON DELEGATION.—The au24 thority of the Secretary of Defense under this

25 section may be delegated only to the Deputy
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1 Secretary of Defense, the head of an intel2 ligence component of the Department of De3 fense (with respect to employees of that com4 ponent), or the Secretary of a military depart5 ment (with respect to employees of that de6 partment). An action to terminate employ7 ment of such an employee by any such official

8 may be appealed to the Secretary of Defense.

9 ‘‘§ 1610. Reductions and other adjustments in force

10 ‘‘(a) IN GENERAL.—The Secretary of De11 fense shall prescribe regulations for the sepa12 ration of employees in defense intelligence

13 positions, including members of the Defense

14 Intelligence Senior Executive Service and em15 ployees in Intelligence Senior Level positions,

16 during a reduction in force or other adjust17 ment in force. The regulations shall apply to

18 such a reduction in force or other adjustment

19 in force notwithstanding sections 3501(b) and

20 3502 of title 5.

21 ‘‘(b) MATTERS TO BE GIVEN EFFECT.—The

22 regulations shall give effect to the following:

23 ‘‘(1) Tenure of employment.

24 ‘‘(2) Military preference, subject to

25 sections 3501(a)(3) and 3502(b) of title 5.
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1 ‘‘(3) The veteran’s preference under

2 section 3502(b) of title 5.

3 ‘‘(4) Performance.

4 ‘‘(5) Length of service computed in ac5 cordance with the second sentence of sec6 tion 3502(a) of title 5.

7 ‘‘(c) REGULATIONS RELATING TO DEFENSE IN8 TELLIGENCE SES.—The regulations relating to

9 removal from the Defense Intelligence Senior

10 Executive Service in a reduction in force or

11 other adjustment in force shall be consistent

12 with section 3595(a) of title 5.

13 ‘‘(d) RIGHT OF APPEAL.—(1) The regulations

14 shall provide a right of appeal regarding a

15 personnel action under the regulations. The

16 appeal shall be determined within the Depart17 ment of Defense. An appeal determined at the

18 highest level provided in the regulations shall

19 be final and not subject to review outside the

20 Department of Defense. A personnel action

21 covered by the regulations is not subject to

22 any other provision of law that provides ap23 pellate rights or procedures.

24 ‘‘(2) Notwithstanding paragraph (1), a

25 preference eligible referred to in section
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1 7511(a)(1)(B) of title 5 may elect to have an ap2 peal of a personnel action taken against the

3 preference eligible under the regulation de4 termined by the Merit Systems Protection

5 Board instead of having the appeal deter6 mined within the Department of Defense. Sec7 tion 7701 of title 5 shall apply to any such ap8 peal to the Merit Systems Protection Board.

9 ‘‘(e) CONSULTATION WITH OPM.—Regula10 tions under this section shall be prescribed in

11 consultation with the Director of the Office of

12 Personnel Management.’’.

13 (c) TRANSFER OF SECTION 1599.—Subtitle A

14 of title 10, United States Code, is amended by

15 transferring section 1599 to chapter 83 of such

16 title, inserting such section after section 1610

17 (as added by subsection (b)), redesignating

18 such section as section 1611, and in sub19 section (f) striking out ‘‘means’’ and all that

20 follows and inserting in lieu thereof ‘‘includes

21 the National Reconnaissance Office and any

22 intelligence component of a military depart23 ment.’’.

24 (d) ADDITIONAL PROVISIONS.—Such chapter

25 is further amended by inserting after section
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1 1611 (as so transferred and redesignated) the

2 following new sections:

3 ‘‘§ 1612. Merit system principles and civil service pro4 tections: applicability

5 ‘‘(a) APPLICABILITY OF MERIT SYSTEM PRIN6 CIPLES.—Section 2301 of title 5 shall apply to

7 the exercise of authority under this sub8 chapter (other than sections 1605 and 1611).

9 ‘‘(b) CIVIL SERVICE PROTECTIONS.—(1) If, in

10 the case of a position established under au11 thority other than section 1601(a)(1) of this

12 title that is reestablished as an excepted serv13 ice position under that section, the provisions

14 of law referred to in paragraph (2) applied to

15 the person serving in that position imme16 diately before the position is so reestablished

17 and such provisions of law would not other18 wise apply to the person while serving in the

19 position as so reestablished, then such provi20 sions of law shall continue to apply to the per21 son with respect to service in that position for

22 as long as the person continues to serve in the

23 position without a break in service.
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1 ‘‘(2) The provisions of law referred to in

2 paragraph (1) are the following provisions of

3 title 5:

4 ‘‘(A) Section 2302, relating to prohib5 ited personnel practices.

6 ‘‘(B) Chapter 75, relating to adverse

7 actions, unless, in the case of any individ8 ual employee, that employee elects to

9 have an appeal determined within the

10 Department of Defense.

11 ‘‘§ 1613. Miscellaneous provisions

12 ‘‘(a) COLLECTIVE BARGAINING AGREE13 MENTS.—Nothing in sections 1601 through

14 1604 and 1606 through 1610 may be construed

15 to impair the continued effectiveness of a col16 lective bargaining agreement with respect to

17 an agency or office that is a successor to an

18 agency or office covered by the agreement be19 fore the succession.

20 ‘‘(b) NOTICE TO CONGRESS OF REGULA21 TIONS.—The Secretary of Defense shall notify

22 Congress of any regulations prescribed to

23 carry out this subchapter (other than sections

24 1605 and 1611). Such notice shall be provided

25 by submitting a copy of the regulations to the
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1 congressional oversight committees not less

2 than 60 days before such regulations take ef3 fect.

4 ‘‘§ 1614. Definitions

5 ‘‘In this subchapter:

6 ‘‘(1) The term ‘defense intelligence po7 sition’ means a civilian position as an in8 telligence officer or intelligence employee

9 of an intelligence component of the De10 partment of Defense or of a military de11 partment.

12 ‘‘(2) The term ‘intelligence component

13 of the Department of Defense’ means any

14 of the following:

15 ‘‘(A) The National Security Agen16 cy.

17 ‘‘(B) The Defense Intelligence

18 Agency.

19 ‘‘(C) The National Imagery and

20 Mapping Agency.

21 ‘‘(D) Any other component of the

22 Department of Defense that performs

23 intelligence functions and is des24 ignated by the Secretary of Defense
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1 as an intelligence component of the

2 Department of Defense.

3 ‘‘(E) Any successor to a compo4 nent specified in, or designated pur5 suant to, this paragraph.

6 ‘‘(3) The term ‘congressional oversight

7 committees’ means—

8 ‘‘(A) the Committee on Armed

9 Services and the Select Committee on

10 Intelligence of the Senate; and

11 ‘‘(B) the Committee on National

12 Security and the Permanent Select

13 Committee on Intelligence of the

14 House of Representatives.

15 ‘‘(4) The term ‘excepted service’ has

16 the meaning given such term in section

17 2103 of title 5.

18 ‘‘(5) The term ‘preference eligible’ has

19 the meaning given such term in section

20 2108(3) of title 5.

21 ‘‘(6) The term ‘Senior Executive Serv22 ice position’ has the meaning given such

23 term in section 3132(a)(2) of title 5.
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1 ‘‘(7) The term ‘collective bargaining

2 agreement’ has the meaning given such

3 term in section 7103(8) of title 5.’’.

4 (e) DESIGNATION OF NEW SUBCHAPTER II.—

5 Chapter 83 of such title is further amended by

6 inserting after section 1614 (as added by sub7 section (d)) the following:

8 ‘‘SUBCHAPTER II—DEFENSE

9 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.’’.

10 SEC. 482. REPEAL OF SUPERSEDED SECTIONS AND CLERI11 CAL AND CONFORMING AMENDMENTS.

12 (a) REPEAL OF SEPARATE MILITARY DEPART13 MENT AUTHORITIES.—Section 1590 of title 10,

14 United States Code, is repealed. 

15 (b) REPEAL OF SEPARATE NATIONAL SECU16 RITY AGENCY AUTHORITIES.—The following pro17 visions of law are repealed:

18 (1) Sections 2 and 4 of the National

19 Security Agency Act of 1959 (50 U.S.C. 402

20 note).

21 (2) Section 303 of the Internal Secu22 rity Act of 1950 (50 U.S.C. 833).
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1 (c) CLERICAL AMENDMENTS.—Title 10, Unit2 ed States Code, is amended as follows:

3 (1) The heading for section 1605 is

4 amended to read as follows:

5 ‘‘§ 1605. Benefits for certain employees assigned out6 side the United States’’.

7 (2) The table of sections at the begin8 ning of chapter 81 is amended by striking

9 out the items relating to sections 1590

10 and 1599.

11 (3) The tables of chapters at the be12 ginning of subtitle A, and at the begin13 ning of part II of subtitle A, are amended

14 by striking out the item relating to chap15 ter 83 and inserting in lieu thereof the

16 following:

‘‘83. Civilian Defense Intelligence Employees ...................... 1601’’.

17 (d) CONFORMING AMENDMENT.—Section

18 1621 of such title, as transferred and redesig19 nated by section 481(a)(1), is amended by

20 striking out ‘‘and Central Imagery Office’’.

21 (e) CROSS REFERENCE AMENDMENTS.—

22 Chapter 81 of title 10, United States Code, is

23 amended as follows:
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1 (1) Section 1593(a)(3) is amended by

2 striking out ‘‘section 1606’’ and inserting

3 in lieu thereof ‘‘section 1622’’.

4 (2) Section 1596(c) is amended by

5 striking out ‘‘section 1604(b)’’ and insert6 ing in lieu thereof ‘‘section 1602’’.

7 SEC. 483. OTHER PERSONNEL MANAGEMENT AUTHORITIES.

8 (a) APPLICABILITY OF FEDERAL LABOR-MAN9 AGEMENT RELATIONS SYSTEM.—Section

10 7103(a)(3) of title 5, United States Code is

11 amended—

12 (1) by inserting ‘‘or’’ at the end of sub13 paragraph (F);

14 (2) by striking out ‘‘; or’’ at the end of

15 subparagraph (G) and inserting in lieu

16 thereof a period; and

17 (3) by striking out subparagraph (H).

18 (b) APPLICABILITY OF AUTHORITY AND PRO19 CEDURES FOR IMPOSING CERTAIN ADVERSE AC20 TIONS.—Section 7511(b)(8) of such title is

21 amended by striking out ‘‘the National Secu22 rity Agency’’ and all that follows through

23 ‘‘title 10’’ and inserting in lieu thereof ‘‘an in24 telligence component of the Department of

25 Defense (as defined in section 1614 of title 10),
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1 or an intelligence activity of a military de2 partment covered under subchapter I of chap3 ter 83 of title 10’’.

4 TITLE V—NATIONAL SECURITY

5 COUNCIL AND RELATED

6 BOARDS AND COMMITTEES

7 SEC. 501. RECODIFICATION OF LAWS RELATING TO NA8 TIONAL SECURITY COUNCIL AND RELATED

9 BOARDS AND COMMITTEES IN EXECUTIVE

10 OFFICE OF THE PRESIDENT.

11 Title I of the National Security Act of 1947

12 is amended by striking out the title heading

13 and sections 101 through 107 and inserting in

14 lieu thereof the following:

15 ‘‘TITLE I—NATIONAL SECURITY

16 COUNCIL AND RELATED

17 BOARDS AND COMMITTEES

18 ‘‘SEC. 101. NATIONAL SECURITY COUNCIL.

19 ‘‘(a) IN GENERAL.—There is in the Execu20 tive Office of the President the National Secu21 rity Council. The Council is composed of the

22 following:

23 ‘‘(1) The President.

24 ‘‘(2) The Vice President.

25 ‘‘(3) The Secretary of State.
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1 ‘‘(4) The Secretary of Defense.

2 ‘‘(b) ADDITIONAL PARTICIPANTS.—Subject to

3 the direction of the President, the following

4 officers may attend and participate in meet5 ings of the National Security Council:

6 ‘‘(1) DIRECTOR OF CENTRAL INTEL7 LIGENCE.—The Director of Central Intel8 ligence (or, in the Director’s absence, a

9 Deputy Director of Central Intelligence),

10 in the performance of the Director’s du11 ties under this Act and the Intelligence

12 Community Act.

13 ‘‘(2) CHAIRMAN OF THE JOINT CHIEFS OF

14 STAFF.—The Chairman (or, in the Chair15 man’s absence, the Vice Chairman) of the

16 Joint Chiefs of Staff, in the Chairman’s

17 role as principal military adviser to the

18 National Security Council.

19 ‘‘(3) DIRECTOR OF NATIONAL DRUG CON20 TROL POLICY.—The Director of National

21 Drug Control Policy, in the Director’s

22 role as principal adviser to the National

23 Security Council on national drug control

24 policy, but only through the date speci25 fied in section 1009 of the National Nar-
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1 cotics Leadership Act of 1988 (21 U.S.C.

2 1506).

3 ‘‘(4) OTHERS DESIGNATED BY THE PRESI4 DENT.—Such additional officers as may be

5 designated by the President.

6 ‘‘(c) FUNCTIONS.—The function of the

7 Council shall be to advise the President with

8 respect to the integration of domestic, for9 eign, and military policies relating to the na10 tional security so as to enable the military

11 services and the other departments and agen12 cies of the Government to cooperate more ef13 fectively in matters involving the national se14 curity. In addition to performing such other

15 functions as the President may direct, the

16 Council (subject to the direction of the Presi17 dent) shall, for the purpose of more effectively

18 coordinating the policies and functions of the

19 departments and agencies of the Government

20 relating to the national security—

21 ‘‘(1) assess and appraise the objec22 tives, commitments, and risks of the Unit23 ed States in relation to our actual and po24 tential military power, in the interest of

25 national security, for the purpose of mak-
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1 ing recommendations to the President in

2 connection therewith; and

3 ‘‘(2) consider policies on matters of

4 common interest to the departments and

5 agencies of the Government concerned

6 with the national security and make rec7 ommendations to the President in con8 nection therewith.

9 ‘‘(d) RECOMMENDATIONS AND REPORTS.—

10 The Council shall, from time to time, make

11 such recommendations and such other re12 ports to the President as it considers appro13 priate or as the President may require.

14 ‘‘(e) STAFF.—The Council shall have a staff

15 to be headed by a civilian executive secretary

16 who shall be appointed by the President. The

17 executive secretary, subject to the direction

18 of the Council, may subject to the civil-service

19 laws, appoint and fix the compensation of

20 such personnel as may be necessary to per21 form such duties as may be prescribed by the

22 Council in connection with the performance

23 of its functions.

Amend the title so as to read: ‘‘A bill to provide for

improved management and operation of intelligence activities of the Government by providing for a more cor-
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porate approach to intelligence so as to provide an improved Intelligence Community for the 21st century, and

for other purposes.’’.