In the Senate of the United States,

September 17, 1996.

Resolved, That the bill from the House of Representatives (H.R. 3259) entitled ‘‘An Act to authorize appropriations for fiscal year 1997 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence

Agency Retirement and Disability System, and for other purposes.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘In3 telligence Authorization Act for Fiscal Year 1997’’.
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1 (b) TABLE OF CONTENTS.—The table of contents for

2 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.

Sec. 102. Classified schedule of authorizations.

Sec. 103. Personnel ceiling adjustments.

Sec. 104. Community Management Account.

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

TITLE III—GENERAL PROVISIONS

Sec. 301. Increase in employee compensation and benefits authorized by law.

Sec. 302. Restriction on conduct of intelligence activities.

Sec. 303. Postponement of applicability of sanctions laws to intelligence activities.

Sec. 304. Post-employment restrictions.

Sec. 305. Executive branch oversight of budgets of elements of the intelligence

community.

TITLE IV—FEDERAL BUREAU OF INVESTIGATION

Sec. 401. Access to telephone records.

TITLE V—ECONOMIC ESPIONAGE

Sec. 501. Short title.

Sec. 502. Prevention of economic espionage and protection of proprietary economic information.

TITLE VI—COMBATTING PROLIFERATION

Sec. 601. Short title.

Subtitle A—Assessment of Organization and Structure of Government for

Combatting Proliferation

Sec. 611. Establishment of commission.

Sec. 612. Duties of commission.

Sec. 613. Powers of commission.

Sec. 614. Commission personnel matters.

Sec. 615. Termination of commission.

Sec. 616. Definition.

Sec. 617. Authorization of appropriations.

Subtitle B—Other Matters

Sec. 621. Reports on acquisition of technology relating to weapons of mass destruction and advanced conventional munitions.
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TITLE VII—RENEWAL AND REFORM OF INTELLIGENCE ACTIVITIES

Sec. 701. Short title.

Sec. 702. Committee on Foreign Intelligence.

Sec. 703. Annual reports on intelligence.

Sec. 704. Transnational threats.

Sec. 705. Office of the Director of Central Intelligence.

Sec. 706. National Intelligence Council.

Sec. 707. Enhancement of authority of Director of Central Intelligence to manage

budget, personnel, and activities of intelligence community.

Sec. 708. Responsibilities of Secretary of Defense pertaining to the National Foreign Intelligence Program.

Sec. 709. Improvement of intelligence collection.

Sec. 710. Improvement of analysis and production of intelligence.

Sec. 711. Improvement of administration of intelligence activities.

Sec. 712. Pay level of Assistant Directors of Central Intelligence.

Sec. 713. General Counsel of the Central Intelligence Agency.

Sec. 714. Office of Congressional Affairs of the Director of Central Intelligence.

Sec. 715. Assistance for law enforcement agencies by intelligence community.

Sec. 716. Appointment and evaluation of officials responsible for intelligence-related activities.

Sec. 717. Requirements for submittal of budget information on intelligence activities.

Sec. 718. Report on intelligence community policy on protecting the national information infrastructure against strategic attacks.

TITLE VIII—NATIONAL IMAGERY AND MAPPING AGENCY

Sec. 801. National mission and collection tasking authority for the National Imagery and Mapping Agency.

1 TITLE I—INTELLIGENCE

2 ACTIVITIES

3 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

4 Funds are hereby authorized to be appropriated for fis5 cal year 1997 for the conduct of the intelligence and intel6 ligence-related activities of the following elements of the

7 United States Government:

8 (1) The Central Intelligence Agency.

9 (2) The Department of Defense.

10 (3) The Defense Intelligence Agency.

11 (4) The National Security Agency.
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1 (5) The Department of the Army, the Depart2 ment of the Navy, and the Department of the Air

3 Force.

4 (6) The Department of State.

5 (7) The Department of Treasury.

6 (8) The Department of Energy.

7 (9) The Federal Bureau of Investigation.

8 (10) The Drug Enforcement Administration.

9 (11) The National Reconnaissance Office.

10 (12) The Central Imagery Office.

11 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

12 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

13 CEILINGS.—The amounts authorized to be appropriated

14 under section 101, and the authorized personnel ceilings as

15 of September 30, 1997, for the conduct of the intelligence

16 and intelligence-related activities of the elements listed in

17 such section, are those specified in the classified Schedule

18 of Authorizations prepared to accompany the conference re19 port on the bill ll of the One Hundred Fourth Congress.

20 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU21 THORIZATIONS.—The Schedule of Authorizations shall be

22 made available to the Committees on Appropriations of the

23 Senate and House of Representatives and to the President.

24 The President shall provide for suitable distribution of the
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1 Schedule, or of appropriate portions of the Schedule, within

2 the executive branch.

3 SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

4 (a) AUTHORITY FOR ADJUSTMENTS.—With the ap5 proval of the Director of the Office of Management and

6 Budget, the Director of Central Intelligence may authorize

7 employment of civilian personnel in excess of the number

8 authorized for fiscal year 1997 under section 102 when the

9 Director of Central Intelligence determines that such action

10 is necessary to the performance of important intelligence

11 functions, except that the number of personnel employed in

12 excess of the number authorized under such section may not,

13 for any element of the intelligence community, exceed two

14 percent of the number of civilian personnel authorized

15 under such section for such element.

16 (b) NOTICE TO INTELLIGENCE COMMITTEES.—The Di17 rector of Central Intelligence shall promptly notify the Per18 manent Select Committee on Intelligence of the House of

19 Representatives and the Select Committee on Intelligence of

20 the Senate whenever he exercises the authority granted by

21 this section.

22 SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

23 (a) AUTHORIZATIONS OF APPROPRIATIONS.—There is

24 authorized to be appropriated for the Community Manage25 ment Account of the Director of Central Intelligence for fis-
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1 cal year 1997 the sum of $95,526,000. Within such amounts

2 authorized, funds identified in the classified Schedule of Au3 thorizations referred to in section 102(a) for the Advanced

4 Research and Development Committee and the Environ5 mental Task Force shall remain available until September

6 30, 1998.

7 (b) AUTHORIZED PERSONNEL LEVELS.—The staff of

8 the Community Management Account of the Director of

9 Central Intelligence is authorized 265 full-time personnel

10 as of September 30, 1997. Such personnel of the Community

11 Management Staff may be permanent employees of the

12 Community Management Staff or personnel detailed from

13 other elements of the United States Government.

14 (c) REIMBURSEMENT.—During fiscal year 1997, any

15 officer or employee of the United States or member of the

16 Armed Forces who is detailed to the staff of the Community

17 Management Account from another element of the United

18 States Government shall be detailed on a reimbursable

19 basis, except that any such officer, employee, or member

20 may be detailed on a non-reimbursable basis for a period

21 of less than one year for the performance of temporary func22 tions as required by the Director of Central Intelligence.
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1 TITLE II—CENTRAL INTEL2 LIGENCE AGENCY RETIRE3 MENT AND DISABILITY SYS4 TEM

5 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

6 There is authorized to be appropriated for the Central

7 Intelligence Agency Retirement and Disability Fund for fis8 cal year 1997 the sum of $184,200,000.

9 TITLE III—GENERAL

10 PROVISIONS

11 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND

12 BENEFITS AUTHORIZED BY LAW.

13 Appropriations authorized by this Act for salary, pay,

14 retirement, and other benefits for Federal employees may

15 be increased by such additional or supplemental amounts

16 as may be necessary for increases in such compensation or

17 benefits authorized by law.

18 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE

19 ACTIVITIES.

20 The authorization of appropriations by this Act shall

21 not be deemed to constitute authority for the conduct of any

22 intelligence activity which is not otherwise authorized by

23 the Constitution or the laws of the United States.
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1 SEC. 303. POSTPONEMENT OF APPLICABILITY OF SANC2 TIONS LAWS TO INTELLIGENCE ACTIVITIES.

3 Section 905 of the National Security Act of 1947 (50

4 U.S.C. 441d) is amended by striking ‘‘the date which is one

5 year after the date of the enactment of this title’’ and insert6 ing ‘‘January 6, 1998’’.

7 SEC. 304. POST-EMPLOYMENT RESTRICTIONS.

8 (a) IN GENERAL.—Not later than 90 days after the

9 date of enactment of this Act, the Director of Central Intel10 ligence shall prescribe regulations requiring each new and

11 current employee of the Central Intelligence Agency to sign

12 a written agreement restricting the activities of that em13 ployee upon ceasing employment with the Central Intel14 ligence Agency.

15 (b) AGREEMENT ELEMENTS.—The regulations shall

16 provide that an agreement contain provisions specifying

17 that the employee concerned not represent or advise the gov18 ernment, or any political party, of a foreign country during

19 the five-year period beginning on the termination of the em20 ployee’s employment with the Central Intelligence Agency.

21 (c) DISCIPLINARY ACTIONS.—The regulations shall

22 specify appropriate disciplinary actions (including loss of

23 retirement benefits) to be taken against any employee deter24 mined by the Director of Central Intelligence to have vio25 lated the agreement of the employee under this section.
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1 SEC. 305. EXECUTIVE BRANCH OVERSIGHT OF BUDGETS OF

2 ELEMENTS OF THE INTELLIGENCE COMMU3 NITY.

4 (a) REPORT.—Not later than 90 days after the date

5 of the enactment of this Act, the President shall submit to

6 the congressional intelligence committees a report setting

7 forth the actions that have been taken to ensure adequate

8 oversight by the executive branch of the budget of the Na9 tional Reconnaissance Office and the budgets of other ele10 ments of the intelligence community within the Department

11 of Defense.

12 (b) REPORT ELEMENTS.—The report required by sub13 section (a) shall—

14 (1) describe the extent to which the elements of

15 the intelligence community carrying out programs

16 and activities in the National Foreign Intelligence

17 Program are subject to requirements imposed on other

18 elements and components of the Department of De19 fense under the Chief Financial Officers Act of 1990

20 (Public Law 101–576), and the amendments made by

21 that Act, and the Federal Financial Management Act

22 of 1994 (title IV of Public Law 103–356), and the

23 amendments made by that Act;

24 (2) describe the extent to which such elements

25 submit to the Office of Management and Budget budg26 et justification materials and execution reports simi-
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1 lar to the budget justification materials and execution

2 reports submitted to the Office of Management and

3 Budget by the non-intelligence components of the De4 partment of Defense;

5 (3) describe the extent to which the National Re6 connaissance Office submits to the Office of Manage7 ment and Budget, the Community Management Staff,

8 and the Office of the Secretary of Defense—

9 (A) complete information on the cost, sched10 ule, performance, and requirements for any new

11 major acquisition before initiating the acquisi12 tion;

13 (B) yearly reports (including baseline cost

14 and schedule information) on major acquisitions;

15 (C) planned and actual expenditures in

16 connection with major acquisitions; and

17 (D) variances from any cost baselines for

18 major acquisitions (including explanations of

19 such variances); and

20 (4) assess the extent to which the National Re21 connaissance Office has submitted to Office of Man22 agement and Budget, the Community Management

23 Staff, and the Office of the Secretary of Defense on a

24 monthly basis a detailed budget execution report simi-
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1 lar to the budget execution report prepared for De2 partment of Defense programs.

3 (c) DEFINITIONS.—For purposes of this section:

4 (1) The term ‘‘congressional intelligence commit5 tees’’ shall mean the Select Committee on Intelligence

6 of the Senate and the Permanent Select Committee on

7 Intelligence of the House of Representatives.

8 (2) The term ‘‘National Foreign Intelligence Pro9 gram’’ has the meaning given such term in section

10 3(6) of the National Security Act of 1947 (50 U.S.C.

11 401a(6)).

12 TITLE IV—FEDERAL BUREAU OF

13 INVESTIGATION

14 SEC. 401. ACCESS TO TELEPHONE RECORDS.

15 (a) ACCESS FOR COUNTERINTELLIGENCE PUR16 POSES.—Section 2709(b)(1) of title 18, United States Code,

17 is amended by inserting ‘‘local and long distance’’ before

18 ‘‘toll billing records’’.

19 (b) CONFORMING AMENDMENT.—Section

20 2703(c)(1)(C) of such title is amended by inserting ‘‘local

21 and long distance’’ after ‘‘address,’’.

22 (c) CIVIL REMEDY.—Section 2707 of such title is

23 amended—

24 (1) in subsection (a), by striking ‘‘customer’’ and

25 inserting ‘‘other person’’;
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1 (2) in subsection (c), by adding at the end the

2 following: ‘‘If the violation is willful or intentional,

3 the court may assess punitive damages. In the case of

4 a successful action to enforce liability under this sec5 tion, the court may assess the costs of the action, to6 gether with reasonable attorney fees determined by the

7 court.’’;

8 (3) by redesignating subsections (d) and (e) as

9 subsections (e) and (f), respectively; and

10 (4) by inserting after subsection (c) the following

11 new subsection (d):

12 ‘‘(d) DISCIPLINARY ACTIONS FOR VIOLATIONS.—If a

13 court determines that any agency or department of the

14 United States has violated this chapter and the court finds

15 that the circumstances surrounding the violation raise the

16 question whether or not an officer or employee of the agency

17 or department acted willfully or intentionally with respect

18 to the violation, the agency or department concerned shall

19 promptly initiate a proceeding to determine whether or not

20 disciplinary action is warranted against the officer or em21 ployee.’’.

22 TITLE V—ECONOMIC ESPIONAGE

23 SEC. 501. SHORT TITLE.

24 This title may be cited as the ‘‘Economic Espionage

25 Act of 1996’’.
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1 SEC. 502. PREVENTION OF ECONOMIC ESPIONAGE AND

2 PROTECTION OF PROPRIETARY ECONOMIC

3 INFORMATION.

4 (a) IN GENERAL.—Part I of title 18, United States

5 Code, is amended by inserting after chapter 27 the following

6 new chapter:

7 ‘‘CHAPTER 28—ECONOMIC ESPIONAGE

‘‘Sec.

‘‘571. Definitions.

‘‘572. Economic espionage.

‘‘573. Criminal forfeiture.

‘‘574. Import and export sanctions.

‘‘575. Scope of extraterritorial jurisdiction.

‘‘576. Construction with other laws.

‘‘577. Preservation of confidentiality.

‘‘578. Law enforcement and intelligence activities.

8 ‘‘§ 571. Definitions

9 ‘‘For purposes of this chapter, the following definitions

10 shall apply:

11 ‘‘(1) FOREIGN AGENT.—The term ‘foreign agent’

12 means any officer, employee, proxy, servant, delegate,

13 or representative of a foreign nation or government.

14 ‘‘(2) FOREIGN INSTRUMENTALITY.—The term

15 ‘foreign instrumentality’ means any agency, bureau,

16 ministry, component, institution, association, or any

17 legal, commercial, or business organization, corpora18 tion, firm, or entity that is substantially owned, con19 trolled, sponsored, commanded, managed, or domi20 nated by a foreign government or any political sub21 division, instrumentality, or other authority thereof.
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1 ‘‘(3) OWNER.—The term ‘owner’ means the per2 son or persons in whom, or the United States Govern3 ment component, department, or agency in which,

4 rightful legal, beneficial, or equitable title to, or li5 cense in, proprietary economic information is re6 posed.

7 ‘‘(4) PROPRIETARY ECONOMIC INFORMATION.—

8 The term ‘proprietary economic information’ means

9 all forms and types of financial, business, scientific,

10 technical, economic, or engineering information (in11 cluding data, plans, tools, mechanisms, compounds,

12 formulas, designs, prototypes, processes, procedures,

13 programs, codes, or commercial strategies, whether

14 tangible or intangible, and whether stored, compiled,

15 or memorialized physically, electronically, graphi16 cally, photographically, or in writing), if—

17 ‘‘(A) the owner thereof has taken reasonable

18 measures to keep such information confidential;

19 and

20 ‘‘(B) the information derives independent

21 economic value, actual or potential, from not

22 being generally known to, and not being readily

23 ascertainable through proper means by, the pub24 lic.
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1 ‘‘(5) UNITED STATES PERSON.—The term ‘Unit2 ed States person’ means—

3 ‘‘(A) in the case of a natural person, a citi4 zen of the United States or a permanent resident

5 alien of the United States; and

6 ‘‘(B) in the case of an organization (as that

7 term is defined in section 18 of this title), an en8 tity substantially owned or controlled by citizens

9 of the United States or permanent resident

10 aliens of the United States, or incorporated in

11 the United States.

12 ‘‘§ 572. Economic espionage

13 ‘‘(a) IN GENERAL.—Any person who, with knowledge

14 or reason to believe that he or she is acting on behalf of,

15 or with the intent to benefit, any foreign nation, govern16 ment, instrumentality, or agent, knowingly—

17 ‘‘(1) steals, wrongfully appropriates, takes, car18 ries away, or conceals, or by fraud, artifice, or decep19 tion obtains proprietary economic information;

20 ‘‘(2) wrongfully copies, duplicates, sketches,

21 draws, photographs, downloads, uploads, alters, de22 stroys, photocopies, replicates, transmits, delivers,

23 sends, mails, communicates, or conveys proprietary

24 economic information;
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1 ‘‘(3) being entrusted with, or having lawful pos2 session or control of, or access to, proprietary eco3 nomic information, wrongfully copies, duplicates,

4 sketches, draws, photographs, downloads, uploads, al5 ters, destroys, photocopies, replicates, transmits, deliv6 ers, sends, mails, communicates, or conveys the same;

7 ‘‘(4) receives, buys, or possesses proprietary eco8 nomic information, knowing the same to have been

9 stolen or wrongfully appropriated, obtained, or con10 verted;

11 ‘‘(5) attempts to commit any offense described in

12 any of paragraphs (1) through (4);

13 ‘‘(6) wrongfully solicits another to commit any

14 offense described in any of paragraphs (1) through

15 (4); or

16 ‘‘(7) conspires with one or more other persons to

17 commit any offense described in any of paragraphs

18 (1) through (4), and one or more of such persons do

19 any act to effect the object of the conspiracy,

20 shall, except as provided in subsection (b), be fined not more

21 than $500,000 or imprisoned not more than 25 years, or

22 both.

23 ‘‘(b) ORGANIZATIONS.—Any organization that com24 mits any offense described in subsection (a) shall be fined

25 not more than $10,000,000.
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1 ‘‘(c) EXCEPTION.—It shall not be a violation of this

2 section to disclose proprietary economic information in the

3 case of—

4 ‘‘(1) appropriate disclosures to Congress; or

5 ‘‘(2) disclosures to an authorized official of an

6 executive agency that are deemed essential to report7 ing a violation of United States law.

8 ‘‘§ 573. Criminal forfeiture

9 ‘‘(a) IN GENERAL.—Notwithstanding any provision of

10 State law to the contrary, any person convicted of a viola11 tion under this chapter shall forfeit to the United States—

12 ‘‘(1) any property constituting, or derived from,

13 any proceeds the person obtained, directly or indi14 rectly, as the result of such violation; and

15 ‘‘(2) any of the property of that person used, or

16 intended to be used, in any manner or part, to com17 mit or facilitate the commission of such violation.

18 ‘‘(b) COURT ACTION.—The court, in imposing sentence

19 on such person, shall order, in addition to any other sen20 tence imposed pursuant to this chapter, that the person for21 feit to the United States all property described in this sec22 tion.

23 ‘‘(c) APPLICABILITY OF OTHER LAW.—Property sub24 ject to forfeiture under this section, any seizure and disposi25 tion thereof, and any administrative or judicial proceeding
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1 in relation thereto, shall be governed by the provisions of

2 section 413 of the Comprehensive Drug Abuse Prevention

3 and Control Act of 1970 (21 U.S.C. 853), other than sub4 section (d) of that section.

5 ‘‘§ 574. Import and export sanctions

6 ‘‘(a) ACTION BY THE PRESIDENT.—The President

7 may, to the extent consistent with international agreements

8 to which the United States is a party, prohibit, for a period

9 of not longer than 5 years, the importation into, or expor10 tation from, the United States, whether by carriage of tan11 gible items or by transmission, any merchandise produced,

12 made, assembled, or manufactured by a person convicted

13 of any offense described in section 572 of this title, or in

14 the case of an organization convicted of any offense de15 scribed in such section, its successor entity or entities.

16 ‘‘(b) ACTION BY THE SECRETARY OF THE TREAS17 URY.—

18 ‘‘(1) CIVIL PENALTY.—The Secretary of the

19 Treasury may impose on any person who knowingly

20 violates any order of the President issued under the

21 authority of this section, a civil penalty equal to not

22 more than 5 times the value of the exports or imports

23 involved, or $100,000, whichever is greater.

24 ‘‘(2) SEIZURE AND FORFEITURE.—Any merchan25 dise imported or exported in violation of an order of
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1 the President issued under this section shall be subject

2 to seizure and forfeiture in accordance with sections

3 602 through 619 of the Tariff Act of 1930.

4 ‘‘(3) APPLICABILITY OF OTHER PROVISIONS.—

5 The provisions of law relating to seizure, summary

6 and judicial forfeiture, and condemnation of property

7 for violation of the United States customs laws, the

8 disposition of such property or the proceeds from the

9 sale thereof, the remission or mitigation of such for10 feiture, and the compromise of claims, shall apply to

11 seizures and forfeitures incurred, or alleged to have

12 been incurred under this section to the extent that

13 they are applicable and not inconsistent with the pro14 visions of this chapter.

15 ‘‘§ 575. Scope of extraterritorial jurisdiction

16 ‘‘This chapter applies—

17 ‘‘(1) to conduct occurring within the United

18 States; and

19 ‘‘(2) to conduct occurring outside the United

20 States if—

21 ‘‘(A) the offender is a United States person;

22 or

23 ‘‘(B) the act in furtherance of the offense

24 was committed in the United States.
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1 ‘‘§ 576. Construction with other laws

2 ‘‘This chapter shall not be construed to preempt or dis3 place any other remedies, whether civil or criminal, pro4 vided by Federal, State, commonwealth, possession, or terri5 torial laws that are applicable to the misappropriation of

6 proprietary economic information.

7 ‘‘§ 577. Preservation of confidentiality

8 ‘‘In any prosecution or other proceeding under this

9 chapter, the court shall enter such orders and take such

10 other action as may be necessary and appropriate to pre11 serve the confidentiality of proprietary economic informa12 tion, consistent with the requirements of the Federal Rules

13 of Criminal Procedure, the Federal Rules of Civil Proce14 dure, the Federal Rules of Evidence, and all other applica15 ble laws. An interlocutory appeal by the United States shall

16 lie from a decision or order of a district court authorizing

17 or directing the disclosure of proprietary economic informa18 tion.

19 ‘‘§ 578. Law enforcement and intelligence activities

20 ‘‘This chapter does not prohibit, and shall not impair,

21 any lawful activity conducted by a law enforcement or reg22 ulatory agency of the United States, a State, or a political

23 subdivision of a State, or an intelligence agency of the Unit24 ed States.’’.

25 (b) CLERICAL AMENDMENT.—The table of chapters at

26 the beginning of part I of title 18, United States Code, is
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1 amended by inserting after the item relating to chapter 27

2 the following new item:

‘‘28. Economic espionage ...................................................................... 571’’.

3 (c) CONFORMING AMENDMENT.—Section 2516(1)(a) of

4 title 18, United States Code, is amended by inserting

5 ‘‘chapter 28 (relating to economic espionage),’’ after ‘‘or

6 under the following chapters of this title:’’.

7 TITLE VI—COMBATTING

8 PROLIFERATION

9 SEC. 601. SHORT TITLE.

10 This title may be cited as the ‘‘Combatting Prolifera11 tion of Weapons of Mass Destruction Act of 1996’’.

12 Subtitle A—Assessment of Organi13 zation and Structure of Govern14 ment for Combatting Prolifera15 tion

16 SEC. 611. ESTABLISHMENT OF COMMISSION.

17 (a) ESTABLISHMENT.—There is established a commis18 sion to be known as the Commission to Assess the Organiza19 tion of the Federal Government to Combat the Proliferation

20 of Weapons of Mass Destruction (in this subtitle referred

21 to as the ‘‘Commission’’).

22 (b) MEMBERSHIP.—The Commission shall be com23 posed of eight members of whom—

24 (1) four shall be appointed by the President;
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1 (2) one shall be appointed by the Majority Lead2 er of the Senate;

3 (3) one shall be appointed by the Minority Lead4 er of the Senate;

5 (4) one shall be appointed by the Speaker of the

6 House of Representatives; and

7 (5) one shall be appointed by the Minority Lead8 er of the House of Representatives.

9 (c) QUALIFICATIONS OF MEMBERS.—(1) To the maxi10 mum extent practicable, the individuals appointed as mem11 bers of the Commission shall be individuals who are nation12 ally recognized for expertise regarding—

13 (A) the nonproliferation of weapons of mass de14 struction;

15 (B) the efficient and effective implementation of

16 United States nonproliferation policy; or

17 (C) the implementation, funding, or oversight of

18 the national security policies of the United States.

19 (2) An official who appoints members of the Commis20 sion may not appoint an individual as a member if, in

21 the judgment of the official, the individual possesses any

22 personal or financial interest in the discharge of any of the

23 duties of the Commission.

24 (d) PERIOD OF APPOINTMENT; VACANCIES.—Members

25 shall be appointed for the life of the Commission. Any va-
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1 cancy in the Commission shall not affect its powers, but

2 shall be filled in the same manner as the original appoint3 ment.

4 (e) INITIAL MEETING.—No later than 30 days after

5 the date on which all members of the Commission have been

6 appointed, the Commission shall hold its first meeting.

7 (f) QUORUM.—A majority of the members of the Com8 mission shall constitute a quorum, but a lesser number of

9 members may hold hearings.

10 (g) CHAIRMAN AND VICE CHAIRMAN.—The Commis11 sion shall select a Chairman and Vice Chairman from

12 among its members.

13 (h) MEETINGS.—The Commission shall meet at the

14 call of the Chairman.

15 SEC. 612. DUTIES OF COMMISSION.

16 (a) STUDY.—

17 (1) IN GENERAL.—The Commission shall carry

18 out a thorough study of the organization of the Fed19 eral Government, including the elements of the intel20 ligence community, with respect to combatting the

21 proliferation of weapons of mass destruction.

22 (2) SPECIFIC REQUIREMENTS.—In carrying out

23 the study, the Commission shall—

24 (A) assess the current structure and organi25 zation of the departments and agencies of the
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1 Federal Government having responsibilities for

2 combatting the proliferation of weapons of mass

3 destruction; and

4 (B) assess the effectiveness of United States

5 cooperation with foreign governments with re6 spect to nonproliferation activities, including co7 operation—

8 (i) between elements of the intelligence

9 community and elements of the intelligence10 gathering services of foreign governments;

11 (ii) between other departments and

12 agencies of the Federal Government and the

13 counterparts to such departments and agen14 cies in foreign governments; and

15 (iii) between the Federal Government

16 and international organizations.

17 (3) ASSESSMENTS.—In making the assessments

18 under paragraph (2), the Commission should ad19 dress—

20 (A) the organization of the export control

21 activities (including licensing and enforcement

22 activities) of the Federal Government relating to

23 the proliferation of weapons of mass destruction;

24 (B) arrangements for coordinating the fund25 ing of United States nonproliferation activities;
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1 (C) existing arrangements governing the

2 flow of information among departments and

3 agencies of the Federal Government responsible

4 for nonproliferation activities;

5 (D) the effectiveness of the organization and

6 function of interagency groups in ensuring im7 plementation of United States treaty obligations,

8 laws, and policies with respect to nonprolifera9 tion;

10 (E) the administration of sanctions for pur11 poses of nonproliferation, including the measures

12 taken by departments and agencies of the Fed13 eral Government to implement, assess, and en14 hance the effectiveness of such sanctions;

15 (F) the organization, management, and

16 oversight of United States counterproliferation

17 activities;

18 (G) the recruitment, training, morale, ex19 pertise, retention, and advancement of Federal

20 Government personnel responsible for the non21 proliferation functions of the Federal Govern22 ment, including any problems in such activities;

23 (H) the role in United States nonprolifera24 tion activities of the National Security Council,

25 the Office of Management and Budget, the Office
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1 of Science and Technology Policy, and other of2 fices in the Executive Office of the President hav3 ing responsibilities for such activities;

4 (I) the organization of the activities of the

5 Federal Government to verify government-to-gov6 ernment assurances and commitments with re7 spect to nonproliferation, including assurances

8 regarding the future use of commodities exported

9 from the United States; and

10 (J) the costs and benefits to the United

11 States of increased centralization and of de12 creased centralization in the administration of

13 the nonproliferation activities of the Federal

14 Government.

15 (b) RECOMMENDATIONS.—In conducting the study, the

16 Commission shall develop recommendations on means of

17 improving the effectiveness of the organization of the de18 partments and agencies of the Federal Government in meet19 ing the national security interests of the United States with

20 respect to the proliferation of weapons of mass destruction.

21 Such recommendations shall include specific recommenda22 tions to eliminate duplications of effort, and other ineffi23 ciencies, in and among such departments and agencies.

24 (c) REPORT.—(1) Not later than 18 months after the

25 date of the enactment of this Act, the Commission shall sub-
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1 mit to Congress a report containing a detailed statement

2 of the findings and conclusions of the Commission, together

3 with its recommendations for such legislation and adminis4 trative actions as it considers appropriate.

5 (2) The report shall be submitted in unclassified form,

6 but may include a classified annex.

7 SEC. 613. POWERS OF COMMISSION.

8 (a) HEARINGS.—The Commission may hold such hear9 ings, sit and act at such times and places, take such testi10 mony, and receive such evidence as the Commission consid11 ers advisable to carry out the purposes of this subtitle.

12 (b) INFORMATION FROM FEDERAL AGENCIES.—

13 (1) IN GENERAL.—The Commission may secure

14 directly from any Federal department or agency such

15 information as the Commission considers necessary to

16 carry out the provisions of this subtitle. Upon request

17 of the Chairman of the Commission, the head of such

18 department or agency shall furnish such information

19 to the Commission.

20 (2) CLASSIFIED INFORMATION.—A department

21 or agency may furnish the Commission classified in22 formation under this subsection. The Commission

23 shall take appropriate actions to safeguard classified

24 information furnished to the Commission under this

25 paragraph.
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1 (c) POSTAL SERVICES.—The Commission may use the

2 United States mails in the same manner and under the

3 same conditions as other departments and agencies of the

4 Federal Government.

5 (d) GIFTS.—The Commission may accept, use, and

6 dispose of gifts or donations of services or property.

7 SEC. 614. COMMISSION PERSONNEL MATTERS.

8 (a) COMPENSATION OF MEMBERS.—Each member of

9 the Commission who is not an officer or employee of the

10 Federal Government shall be compensated at a rate equal

11 to the daily equivalent of the annual rate of basic pay pre12 scribed for level IV of the Executive Schedule under section

13 5315 of title 5, United States Code, for each day (including

14 travel time) during which such member is engaged in the

15 performance of the duties of the Commission. All members

16 of the Commission who are officers or employees of the Unit17 ed States shall serve without compensation in addition to

18 that received for their services as officers or employees of

19 the United States.

20 (b) TRAVEL EXPENSES.—The members of the Commis21 sion shall be allowed travel expenses, including per diem

22 in lieu of subsistence, at rates authorized for employees of

23 agencies under subchapter I of chapter 57 of title 5, United

24 States Code, while away from their homes or regular places
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1 of business in the performance of services for the Commis2 sion.

3 (c) STAFF.—

4 (1) IN GENERAL.—The Chairman of the Com5 mission may, without regard to the civil service laws

6 and regulations, appoint and terminate an executive

7 director and such other additional personnel as may

8 be necessary to enable the Commission to perform its

9 duties. The employment of an executive director shall

10 be subject to confirmation by the Commission.

11 (2) COMPENSATION.—The Chairman of the Com12 mission may fix the compensation of the executive di13 rector and other personnel without regard to the pro14 visions of chapter 51 and subchapter III of chapter 53

15 of title 5, United States Code, relating to classifica16 tion of positions and General Schedule pay rates, ex17 cept that the rate of pay for the executive director and

18 other personnel may not exceed the rate payable for

19 level V of the Executive Schedule under section 5316

20 of such title.

21 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Any Fed22 eral Government employee may be detailed to the Commis23 sion without reimbursement, and such detail shall be with24 out interruption or loss of civil service status or privilege.
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1 (e) PROCUREMENT OF TEMPORARY AND INTERMIT2 TENT SERVICES.—The Chairman of the Commission may

3 procure temporary and intermittent services under section

4 3109(b) of title 5, United States Code, at rates for individ5 uals which do not exceed the daily equivalent of the annual

6 rate of basic pay prescribed for level V of the Executive

7 Schedule under section 5316 of such title.

8 SEC. 615. TERMINATION OF COMMISSION.

9 The Commission shall terminate 60 days after the date

10 on which the Commission submits its report under section

11 612(c).

12 SEC. 616. DEFINITION.

13 For purposes of this subtitle, the term ‘‘intelligence

14 community’’ shall have the meaning given such term in sec15 tion 3(4) of the National Security Act of 1947 (50 U.S.C.

16 401a(4)).

17 SEC. 617. AUTHORIZATION OF APPROPRIATIONS.

18 (a) IN GENERAL.—There are authorized to be appro19 priated for the Commission for fiscal year 1997 such sums

20 as may be necessary for the Commission to carry out its

21 duties under this subtitle.

22 (b) AVAILABILITY.—Amounts appropriated pursuant

23 to the authorization of appropriations in subsection (a)

24 shall remain available for expenditure until the termi25 nation of the Commission under section 615.
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1 Subtitle B—Other Matters

2 SEC. 621. REPORTS ON ACQUISITION OF TECHNOLOGY RE3 LATING TO WEAPONS OF MASS DESTRUCTION

4 AND ADVANCED CONVENTIONAL MUNITIONS.

5 (a) REPORTS.—Not later than 6 months after the date

6 of the enactment of this Act, and every 6 months thereafter,

7 the Director of Central Intelligence shall submit to Congress

8 a report on—

9 (1) the acquisition by foreign countries during

10 the preceding 6 months of dual-use and other tech11 nology useful for the development or production of

12 weapons of mass destruction (including nuclear weap13 ons, chemical weapons, and biological weapons) and

14 advanced conventional munitions; and

15 (2) trends in the acquisition of such technology

16 by such countries.

17 (b) FORM OF REPORTS.—The reports submitted under

18 subsection (a) shall be submitted in unclassified form, but

19 may include a classified annex.

20 TITLE VII—RENEWAL AND RE21 FORM OF INTELLIGENCE AC22 TIVITIES

23 SEC. 701. SHORT TITLE.

24 This title may be cited as the ‘‘Intelligence Activities

25 Renewal and Reform Act of 1996’’.
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1 SEC. 702. COMMITTEE ON FOREIGN INTELLIGENCE.

2 Section 101 of the National Security Act of 1947 (50

3 U.S.C. 402) is amended—

4 (1) by redesignating subsection (h) as subsection

5 (j); and

6 (2) by inserting after subsection (g) the following

7 new subsection (h):

8 ‘‘(h)(1) There is established within the National Secu9 rity Council a committee to be known as the ‘Committee

10 on Foreign Intelligence’.

11 ‘‘(2) The Committee shall be composed of the following:

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

13 ‘‘(B) The Secretary of State.

14 ‘‘(C) The Secretary of Defense.

15 ‘‘(D) The Assistant to the President for National

16 Security Affairs, who shall serve as the chairperson of

17 the Committee.

18 ‘‘(E) Such other members as the President may

19 designate.

20 ‘‘(3) The function of the Committee shall be to assist

21 the Council in its activities by—

22 ‘‘(A) identifying the intelligence required to ad23 dress the national security interests of the United

24 States as specified by the President;
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1 ‘‘(B) establishing priorities (including funding

2 priorities) among the programs, projects, and activi3 ties that address such interests and requirements; and

4 ‘‘(C) establishing policies relating to the conduct

5 of intelligence activities of the United States, includ6 ing appropriate roles and missions for the elements of

7 the intelligence community and appropriate targets of

8 intelligence collection activities.

9 ‘‘(4) In carrying out its function, the Committee

10 shall—

11 ‘‘(A) conduct an annual review of the national

12 security interests of the United States;

13 ‘‘(B) identify on an annual basis, and at such

14 other times as the Council may require, the intel15 ligence required to meet such interests and establish

16 an order of priority for the collection and analysis of

17 such intelligence; and

18 ‘‘(C) conduct an annual review of the elements of

19 the intelligence community in order to determine the

20 success of such elements in collecting, analyzing, and

21 disseminating the intelligence identified under sub22 paragraph (B).

23 ‘‘(5) The Committee shall submit each year to the

24 Council and to the Director of Central Intelligence a com25 prehensive report on its activities during the preceding
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1 year, including its activities under paragraphs (3) and

2 (4).’’.

3 SEC. 703. ANNUAL REPORTS ON INTELLIGENCE.

4 (a) IN GENERAL.—Section 109 of the National Secu5 rity Act of 1947 (50 U.S.C. 404d) is amended by striking

6 out subsections (a) and (b) and inserting in lieu thereof

7 the following new subsections:

8 ‘‘SEC. 109. (a) IN GENERAL.—(1) Not later than Jan9 uary 31 each year, the President shall submit to the appro10 priate congressional committees a report on the require11 ments of the United States for intelligence and the activities

12 of the intelligence community.

13 ‘‘(2) The purpose of the report is to facilitate an assess14 ment of the activities of the intelligence community during

15 the preceding fiscal year and to assist in the development

16 of a mission and a budget for the intelligence community

17 for the fiscal year beginning in the year in which the report

18 is submitted.

19 ‘‘(3) The report shall be submitted in unclassified form,

20 but may include a classified annex.

21 ‘‘(b) MATTERS COVERED.—(1) Each report under sub22 section (a) shall—

23 ‘‘(A) specify the intelligence required to meet the

24 national security interests of the United States, and

25 set forth an order of priority for the collection and
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1 analysis of intelligence required to meet such inter2 ests, for the fiscal year beginning in the year in which

3 the report is submitted; and

4 ‘‘(B) evaluate the performance of the intelligence

5 community in collecting and analyzing intelligence

6 required to meet such interests during the fiscal year

7 ending in the year preceding the year in which the

8 report is submitted, including a description of the sig9 nificant successes and significant failures of the intel10 ligence community in such collection and analysis

11 during that fiscal year.

12 ‘‘(2) The report shall specify matters under paragraph

13 (1)(A) in sufficient detail to assist Congress in making deci14 sions with respect to the allocation of resources for the mat15 ters specified.

16 ‘‘(c) DEFINITION.—In this section, the term ‘appro17 priate congressional committees’ means the following:

18 ‘‘(1) The Select Committee on Intelligence, the

19 Committee on Appropriations, and the Committee on

20 Armed Services of the Senate.

21 ‘‘(2) The Permanent Select Committee on Intel22 ligence, the Committee on Appropriations, and the

23 Committee on National Security of the House of Rep24 resentatives.’’.
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1 (b) CONFORMING AMENDMENTS.—(1) The section

2 heading of such section is amended to read as follows:

3 ‘‘ANNUAL REPORT ON INTELLIGENCE’’.

4 (2) The table of contents in the first section of that

5 Act is amended by striking the item relating to section 109

6 and inserting the following new item:

‘‘Sec. 109. Annual report on intelligence.’’.

7 SEC. 704. TRANSNATIONAL THREATS.

8 Section 101 of the National Security Act of 1947 (50

9 U.S.C. 402) is amended by inserting after subsection (h),

10 as amended by section 702 of this Act, the following new

11 subsection:

12 ‘‘(i)(1) There is established within the National Secu13 rity Council a committee to be known as the ‘Committee

14 on Transnational Threats’.

15 ‘‘(2) The Committee shall include the following mem16 bers:

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

18 ‘‘(B) The Secretary of State.

19 ‘‘(C) The Secretary of Defense.

20 ‘‘(D) The Attorney General.

21 ‘‘(E) The Assistant to the President for National

22 Security Affairs, who shall serve as the chairperson of

23 the Committee.

24 ‘‘(F) Such other members as the President may

25 designate.
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1 ‘‘(3) The function of the Committee shall be to coordi2 nate and direct the activities of the United States Govern3 ment relating to combatting transnational threats.

4 ‘‘(4) In carrying out its function, the Committee

5 shall—

6 ‘‘(A) identify transnational threats;

7 ‘‘(B) develop strategies to enable the United

8 States Government to respond to transnational

9 threats identified under subparagraph (A);

10 ‘‘(C) monitor implementation of such strategies;

11 ‘‘(D) make recommendations as to appropriate

12 responses to specific transnational threats;

13 ‘‘(E) assist in the resolution of operational and

14 policy differences among Federal departments and

15 agencies in their responses to transnational threats;

16 ‘‘(F) develop policies and procedures to ensure

17 the effective sharing of information about

18 transnational threats among Federal departments

19 and agencies, including law enforcement agencies and

20 the elements of the intelligence community; and

21 ‘‘(G) develop guidelines to enhance and improve

22 the coordination of activities of Federal law enforce23 ment agencies and elements of the intelligence commu24 nity outside the United States with respect to

25 transnational threats.
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1 ‘‘(5) For purposes of this subsection, the term

2 ‘transnational threat’ means the following:

3 ‘‘(A) Any transnational activity (including

4 international terrorism, narcotics trafficking, the pro5 liferation of weapons of mass destruction and the de6 livery systems for such weapons, and organized

7 crime) that threatens the national security of the

8 United States.

9 ‘‘(B) Any individual or group that engages in

10 an activity referred to in subparagraph (A).’’.

11 SEC. 705. OFFICE OF THE DIRECTOR OF CENTRAL INTEL12 LIGENCE.

13 (a) IN GENERAL.—Title I of The National Security

14 Act of 1947 (50 U.S.C. 402 et seq.) is amended—

15 (1) in section 102 (50 U.S.C. 403)—

16 (A) by striking the section heading and all

17 that follows through paragraph (1) of subsection

18 (a) and inserting the following:

19 ‘‘OFFICE OF THE DIRECTOR OF CENTRAL INTELLIGENCE

20 ‘‘SEC. 102.’’;

21 (B) by redesignating paragraph (2) of sub22 section (a) as subsection (a) and in such sub23 section (a), as so redesignated, by redesignating

24 subparagraphs (A), (B), and (C) as paragraphs

25 (1), (2), and (3), respectively; and
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1 (C) by striking subsection (d) and inserting

2 the following:

3 ‘‘(d)(1) There is an Office of the Director of Central

4 Intelligence. The function of the Office is to assist the Direc5 tor of Central Intelligence in carrying out the duties and

6 responsibilities of the Director under this Act and to carry

7 out such other duties as may be prescribed by law.

8 ‘‘(2) The Office of the Director of Central Intelligence

9 is composed of the following:

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

11 ‘‘(B) The Deputy Director of Central Intel12 ligence.

13 ‘‘(C) The National Intelligence Council.

14 ‘‘(D) The Assistant Director of Central Intel15 ligence for Collection.

16 ‘‘(E) The Assistant Director of Central Intel17 ligence for Analysis and Production.

18 ‘‘(F) The Assistant Director of Central Intel19 ligence for Administration.

20 ‘‘(G) Such other offices and officials as may be

21 established by law or the Director of Central Intel22 ligence may establish or designate in the Office.

23 ‘‘(3) To assist the Director in fulfilling the responsibil24 ities of the Director as head of the intelligence community,

25 the Director shall employ and utilize in the Office of the
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1 Director of Central Intelligence a professional staff having

2 an expertise in matters relating to such responsibilities and

3 may establish permanent positions and appropriate rates

4 of pay with respect to that staff.’’; and

5 (2) by inserting after section 102, as so amended,

6 the following new section:

7 ‘‘CENTRAL INTELLIGENCE AGENCY

8 ‘‘SEC. 102A. There is a Central Intelligence Agency.

9 The function of the Agency shall be to assist the Director

10 of Central Intelligence in carrying out the responsibilities

11 referred to in paragraphs (1) through (4) of section 103(d)

12 of this Act.’’.

13 (b) CLERICAL AMENDMENT.—The table of contents in

14 the first section of that Act is amended by striking the item

15 relating to section 102 and inserting the following new

16 items:

‘‘Sec. 102. Office of the Director of Central Intelligence.

‘‘Sec. 102A. Central Intelligence Agency.’’.

17 SEC. 706. NATIONAL INTELLIGENCE COUNCIL.

18 Section 103(b) of the National Security Act of 1947

19 (50 U.S.C. 403–3(b)) is amended—

20 (1) in paragraph (1)(B), by inserting ‘‘, or as

21 contractors of the Council or employees of such con22 tractors,’’ after ‘‘on the Council’’;

23 (2) by redesignating paragraphs (4) and (5) as

24 paragraphs (5) and (6), respectively;
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1 (3) by inserting after paragraph (3) the follow2 ing new paragraph (4):

3 ‘‘(4) Subject to the direction and control of the Director

4 of Central Intelligence, the Center may carry out its respon5 sibilities under this subsection by contract, including con6 tracts for substantive experts necessary to assist the Center

7 with particular assessments under this subsection.’’; and

8 (4) in paragraph (5), as so redesignated, by add9 ing at the end the following: ‘‘The Center shall also

10 be readily accessible to policymaking officials and

11 other appropriate individuals not otherwise associated

12 with the intelligence community.’’.

13 SEC. 707. ENHANCEMENT OF AUTHORITY OF DIRECTOR OF

14 CENTRAL INTELLIGENCE TO MANAGE BUDG15 ET, PERSONNEL, AND ACTIVITIES OF INTEL16 LIGENCE COMMUNITY.

17 (a) IN GENERAL.—Section 103(c) of the National Se18 curity Act of 1947 (50 U.S.C. 403–3(c)) is amended—

19 (1) by striking paragraph (1) and inserting the

20 following new paragraph (1):

21 ‘‘(1) facilitate the development of an annual

22 budget for intelligence and intelligence-related activi23 ties of the United States by—
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1 ‘‘(A) developing and presenting to the Presi2 dent an annual budget for the National Foreign

3 Intelligence Program; and

4 ‘‘(B) participating in the development by

5 the Secretary of Defense of the annual budgets

6 for the Joint Military Intelligence Program and

7 the Tactical Intelligence and Related Activities

8 Program;’’;

9 (2) by redesignating paragraphs (3) through (6)

10 as paragraphs (4) through (7), respectively; and

11 (3) by inserting after paragraph (2) the follow12 ing new paragraph (3):

13 ‘‘(3) approve collection requirements, determine

14 collection priorities, and resolve conflicts in collection

15 priorities levied on national collection assets, except

16 as otherwise agreed with the Secretary of Defense pur17 suant to the direction of the President;’’.

18 (b) USE OF FUNDS.—Section 104 of the National Se19 curity Act of 1947 (50 U.S.C. 403–4) is amended—

20 (1) by adding at the end of subsection (c) the fol21 lowing: ‘‘The Secretary of Defense shall consult with

22 the Director of Central Intelligence before reprogram23 ming funds made available under the Joint Military

24 Intelligence Program.’’;
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1 (2) by redesignating subsections (e), (f), and (g)

2 as subsections (f), (g), and (h), respectively; and

3 (3) by inserting after subsection (d) the following

4 new subsection (e):

5 ‘‘(e) DATABASE AND BUDGET EXECUTION INFORMA6 TION.—The Director of Central Intelligence and the Sec7 retary of Defense shall jointly issue guidance for the devel8 opment and implementation by the year 2000 of a database

9 to provide timely and accurate information on the amounts

10 and status of resources, including periodic budget execution

11 updates, for national, defense-wide, and tactical intelligence

12 activities.’’.

13 SEC. 708. RESPONSIBILITIES OF SECRETARY OF DEFENSE

14 PERTAINING TO THE NATIONAL FOREIGN IN15 TELLIGENCE PROGRAM.

16 Section 105 of the National Security Act of 1947 (50

17 U.S.C. 403–5) is amended—

18 (1) in subsection (a), by inserting ‘‘, in consulta19 tion with the Director of Central Intelligence,’’ after

20 ‘‘Secretary of Defense’’ in the matter preceding para21 graph (1); and

22 (2) by adding at the end the following:

23 ‘‘(d) ANNUAL EVALUATION OF THE DIRECTOR OF

24 CENTRAL INTELLIGENCE.—The Director of Central Intel25 ligence, in consultation with the Secretary of Defense and
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1 the Chairman of the Joint Chiefs of Staff, shall submit each

2 year to the Committee on Foreign Intelligence of the Na3 tional Security Council and the appropriate congressional

4 committees (as defined in section 109(c)) an evaluation of

5 the performance and the responsiveness of the National Se6 curity Agency, the National Reconnaissance Office, and the

7 National Imagery and Mapping Agency in meeting their

8 national missions.’’.

9 SEC. 709. IMPROVEMENT OF INTELLIGENCE COLLECTION.

10 (a) ASSISTANT DIRECTOR OF CENTRAL INTELLIGENCE

11 FOR COLLECTION.—Section 102 of the National Security

12 Act of 1947, as amended by section 705(a)(1) of this Act,

13 is amended by adding at the end the following:

14 ‘‘(e)(1) To assist the Director of Central Intelligence

15 in carrying out the Director’s responsibilities under this

16 Act, there shall be an Assistant Director of Central Intel17 ligence for Collection, who shall be appointed by the Presi18 dent, by and with the advice and consent of the Senate.

19 ‘‘(2)(A) If neither the Director of Central Intelligence

20 nor the Deputy Director of Central Intelligence is a com21 missioned officer of the Armed Forces at the time of the

22 nomination of an individual to the position of Assistant

23 Director of Central Intelligence for Collection, the President

24 shall nominate an individual for that position from among
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1 the commissioned officers of the Armed Forces who have sub2 stantial experience in managing intelligence activities.

3 ‘‘(B) The provisions of subsection (c)(3) shall apply

4 to any commissioned officer of the Armed Forces while serv5 ing in the position of Assistant Director for Collection.

6 ‘‘(3) The Assistant Director for Collection shall assist

7 the Director of Central Intelligence in carrying out the Di8 rector’s collection responsibilities in order to ensure the effi9 cient and effective collection of national intelligence.’’.

10 (b) CONSOLIDATION OF HUMAN INTELLIGENCE COL11 LECTION ACTIVITIES.—Not later than 90 days after the date

12 of the enactment of this Act, the Director of Central Intel13 ligence and the Deputy Secretary of Defense shall jointly

14 submit to the Committee on Armed Services and the Select

15 Committee on Intelligence of the Senate and the National

16 Security Committee and Permanent Select Committee on

17 Intelligence of the House of Representatives a report on the

18 ongoing efforts of those officials to achieve commonality,

19 interoperability, and, where practicable, consolidation of

20 the collection of clandestine intelligence from human sources

21 conducted by the Defense Human Intelligence Service of the

22 Department of Defense and the Directorate of Operations

23 of the Central Intelligence Agency.
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1 SEC. 710. IMPROVEMENT OF ANALYSIS AND PRODUCTION

2 OF INTELLIGENCE.

3 Section 102 of the National Security Act of 1947, as

4 amended by section 709(a) of this Act, is further amended

5 by adding at the end the following:

6 ‘‘(f)(1) To assist the Director of Central Intelligence

7 in carrying out the Director’s responsibilities under this

8 Act, there shall be an Assistant Director of Central Intel9 ligence for Analysis and Production, who shall be appointed

10 by the President, by and with the advice and consent of

11 the Senate.

12 ‘‘(2) The Assistant Director for Analysis and Produc13 tion shall—

14 ‘‘(A) oversee the analysis and production of in15 telligence by the elements of the intelligence commu16 nity;

17 ‘‘(B) establish standards and priorities relating

18 to such analysis and production;

19 ‘‘(C) monitor the allocation of resources for the

20 analysis and production of intelligence in order to

21 identify unnecessary duplication in the analysis and

22 production of intelligence;

23 ‘‘(D) identify intelligence to be collected for pur24 poses of the Assistant Director of Central Intelligence

25 for Collection; and
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1 ‘‘(E) provide such additional analysis and pro2 duction of intelligence as the President and the Na3 tional Security Council may require.’’.

4 SEC. 711. IMPROVEMENT OF ADMINISTRATION OF INTEL5 LIGENCE ACTIVITIES.

6 Section 102 of the National Security Act of 1947, as

7 amended by section 710 of this Act, is further amended by

8 adding at the end the following:

9 ‘‘(g)(1) To assist the Director of Central Intelligence

10 in carrying out the Director’s responsibilities under this

11 Act, there shall be an Assistant Director of Central Intel12 ligence for Administration, who shall be appointed by the

13 President, by and with the advice and consent of the Senate.

14 ‘‘(2) The Assistant Director for Administration shall

15 manage such activities relating to the administration of the

16 intelligence community as the Director of Central Intel17 ligence shall require.’’.

18 SEC. 712. PAY LEVEL OF ASSISTANT DIRECTORS OF

19 CENTRAL INTELLIGENCE.

20 Section 5315 of title 5, United States Code, is amended

21 by adding at the end the following:

22 ‘‘Assistant Directors of Central Intelligence (3).’’.
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1 SEC. 713. GENERAL COUNSEL OF THE CENTRAL INTEL2 LIGENCE AGENCY.

3 (a) ESTABLISHMENT OF POSITION.—The Central In4 telligence Agency Act of 1949 (50 U.S.C. 403a et seq.) is

5 amended by adding at the end the following:

6 ‘‘GENERAL COUNSEL OF THE CENTRAL INTELLIGENCE

7 AGENCY

8 ‘‘SEC. 20. (a) There is a General Counsel of the Central

9 Intelligence Agency, appointed from civilian life by the

10 President, by and with the advice and consent of the Senate.

11 ‘‘(b) The General Counsel is the chief legal officer of

12 the Central Intelligence Agency.

13 ‘‘(c) The General Counsel of the Central Intelligence

14 Agency shall perform such functions as the Director of

15 Central Intelligence may prescribe.’’.

16 (b) EXECUTIVE SCHEDULE IV PAY LEVEL.—Section

17 5315 of title 5, United States Code, as amended by section

18 712 of this Act, is further amended by adding at the end

19 the following:

20 ‘‘General Counsel of the Central Intelligence

21 Agency.’’.

22 SEC. 714. OFFICE OF CONGRESSIONAL AFFAIRS OF THE DI23 RECTOR OF CENTRAL INTELLIGENCE.

24 Section 102 of the National Security Act of 1947, as

25 amended by section 711 of this Act, is further amended by

26 adding at the end the following:
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1 ‘‘(h)(1) There is hereby established the Office of Con2 gressional Affairs of the Director of Central Intelligence.

3 ‘‘(2)(A) The Office shall be headed by the Director of

4 the Office of Congressional Affairs of the Director of Central

5 Intelligence.

6 ‘‘(B) The Director of Central Intelligence may des7 ignate the Director of the Office of Congressional Affairs

8 of the Central Intelligence Agency to serve as the Director

9 of the Office of Congressional Affairs of the Director of

10 Central Intelligence.

11 ‘‘(3) The Director shall coordinate the congressional af12 fairs activities of the elements of the intelligence community

13 and have such additional responsibilities as the Director

14 of Central Intelligence may prescribe.

15 ‘‘(4) Nothing in the subsection may be construed to

16 preclude the elements of the intelligence community from

17 responding directly to requests from Congress.’’.

18 SEC. 715. ASSISTANCE FOR LAW ENFORCEMENT AGENCIES

19 BY INTELLIGENCE COMMUNITY.

20 (a) IN GENERAL.—Title I of the National Security Act

21 of 1947 (50 U.S.C. 402 et seq.) is amended by inserting

22 after section 105 the following new section:

23 ‘‘ASSISTANCE TO UNITED STATES LAW ENFORCEMENT

24 AGENCIES

25 ‘‘SEC. 105A. (a) AUTHORITY TO PROVIDE ASSIST26 ANCE.—Subject to subsection (b), elements of the intelligence
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1 community may, upon the request of a United States law

2 enforcement agency, collect information outside the United

3 States about individuals who are not United States persons.

4 Such elements may collect such information notwithstand5 ing that the law enforcement agency intends to use the in6 formation collected for purposes of a law enforcement inves7 tigation or counterintelligence investigation.

8 ‘‘(b) LIMITATION ON ASSISTANCE BY ELEMENTS OF

9 DEPARTMENT OF DEFENSE.—(1) With respect to elements

10 within the Department of Defense, the authority in sub11 section (a) applies only to the National Security Agency,

12 the National Reconnaissance Office, and the National Im13 agery and Mapping Agency.

14 ‘‘(2) Assistance provided under this section by elements

15 of the Department of Defense may not include the direct

16 participation of a member of the Army, Navy, Air Force,

17 or Marine Corps in an arrest or similar activity.

18 ‘‘(3) Assistance may not be provided under this section

19 by an element of the Department of Defense if the provision

20 of such assistance will adversely affect the military pre21 paredness of the United States.

22 ‘‘(4) The Secretary of Defense shall prescribe regula23 tions governing the exercise of authority under this section

24 by elements of the Department of Defense, including regula-
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1 tions relating to the protection of sources and methods in

2 the exercise of such authority.

3 ‘‘(c) DEFINITIONS.—For purposes of subsection (a):

4 ‘‘(1) The term ‘United States law enforcement

5 agency’ means any department or agency of the Fed6 eral Government that the Attorney General designates

7 as law enforcement agency for purposes of this sec8 tion.

9 ‘‘(2) The term ‘United States person’ means the

10 following:

11 ‘‘(A) A United States citizen.

12 ‘‘(B) An alien known by the intelligence

13 agency concerned to be a permanent resident

14 alien.

15 ‘‘(C) An unincorporated association sub16 stantially composed of United States citizens or

17 permanent resident aliens.

18 ‘‘(D) A corporation incorporated in the

19 United States, except for a corporation directed

20 and controlled by a foreign government or gov21 ernments.’’.

22 (b) CLERICAL AMENDMENT.—The table of contents in

23 the first section of that Act is amended by inserting after

24 the item relating to section 105 the following new item:

‘‘Sec. 105A. Assistance to United States law enforcement agencies.’’.
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1 SEC. 716. APPOINTMENT AND EVALUATION OF OFFICIALS

2 RESPONSIBLE FOR INTELLIGENCE-RELATED

3 ACTIVITIES.

4 (a) IN GENERAL.—Section 106 of the National Secu5 rity Act of 1947 (50 U.S.C. 403–6) is amended to read as

6 follows:

7 ‘‘APPOINTMENT AND EVALUATION OF OFFICIALS

8 RESPONSIBLE FOR INTELLIGENCE-RELATED ACTIVITIES

9 ‘‘SEC. 106. (a) CONCURRENCE OF DCI IN CERTAIN AP10 POINTMENTS.—(1) In the event of a vacancy in a position

11 referred to in paragraph (2), the Secretary of Defense shall

12 obtain the concurrence of the Director of Central Intel13 ligence before recommending to the President an individual

14 for appointment to the position. If the Director does not

15 concur in the recommendation, the Secretary may make the

16 recommendation to the President without the Director’s

17 concurrence, but shall include in the recommendation a

18 statement that the Director does not concur in the rec19 ommendation.

20 ‘‘(2) Paragraph (1) applies to the following positions:

21 ‘‘(A) The Director of the National Security Agen22 cy.

23 ‘‘(B) The Director of the National Reconnais24 sance Office.

25 ‘‘(b) CONSULTATION WITH DCI IN CERTAIN APPOINT26 MENTS.—(1) In the event of a vacancy in a position re-
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1 ferred to in paragraph (2), the head of the department or

2 agency having jurisdiction over the position shall consult

3 with the Director of Central Intelligence before appointing

4 an individual to fill the vacancy or recommending to the

5 President an individual to be nominated to fill the vacancy.

6 ‘‘(2) Paragraph (1) applies to the following positions:

7 ‘‘(A) The Director of the Defense Intelligence

8 Agency.

9 ‘‘(B) The Assistant Secretary of State for Intel10 ligence and Research.

11 ‘‘(C) The Director of the Office of Nonprolifera12 tion and National Security of the Department of En13 ergy.

14 ‘‘(D) The Assistant Director, National Security

15 Division of the Federal Bureau of Investigation.’’.

16 (b) CLERICAL AMENDMENT.—The table of contents in

17 the first section of that Act is amended by striking the item

18 relating to section 106 and inserting in lieu thereof the fol19 lowing new item:

‘‘Sec. 106. Appointment and evaluation of officials responsible for intelligence-related activities.’’.

20 SEC. 717. REQUIREMENTS FOR SUBMITTAL OF BUDGET IN21 FORMATION ON INTELLIGENCE ACTIVITIES.

22 (a) SUBMITTAL WITH ANNUAL BUDGET.—Notwith23 standing any other provision of law, the President shall in24 clude in each budget for a fiscal year submitted under sec-
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1 tion 1105 of title 31, United States Code, the following in2 formation:

3 (1) The aggregate amount appropriated during

4 the current fiscal year on all intelligence and intel5 ligence-related activities of the United States Govern6 ment.

7 (2) The aggregate amount requested in such

8 budget for the fiscal year covered by the budget for all

9 intelligence and intelligence-related activities of the

10 United States Government.

11 (b) FORM OF SUBMITTAL.—The President shall submit

12 the information required under subsection (a) in unclassi13 fied form.

14 SEC. 718. REPORT ON INTELLIGENCE COMMUNITY POLICY

15 ON PROTECTING THE NATIONAL INFORMA16 TION INFRASTRUCTURE AGAINST STRATEGIC

17 ATTACKS.

18 (a) IN GENERAL.—(1) Not later than 120 days after

19 the date of the enactment of this Act, the Director of Central

20 Intelligence shall submit to Congress a report setting

21 forth—

22 (A) the results of a review of the threats to the

23 United States on protecting the national information

24 infrastructure against information warfare and other

25 non-traditional attacks; and
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1 (B) the counterintelligence response of the Direc2 tor.

3 (2) The report shall include a description of the plans

4 of the intelligence community to provide intelligence sup5 port for the indications, warning, and assessment functions

6 of the intelligence community with respect to information

7 warfare and other non-traditional attacks by foreign na8 tions, groups, or individuals against the national informa9 tion infrastructure.

10 (b) DEFINITIONS.—For purposes of this section:

11 (1) The term ‘‘national information infrastruc12 ture’’ includes the information infrastructure of the

13 public or private sector.

14 (2) The term ‘‘intelligence community’’ has the

15 meaning given that term in section 3(4) of the Na16 tional Security Act of 1947 (50 U.S.C. 401a(4)).

17 TITLE VIII—NATIONAL IMAGERY

18 AND MAPPING AGENCY

19 SEC. 801. NATIONAL MISSION AND COLLECTION TASKING

20 AUTHORITY FOR THE NATIONAL IMAGERY

21 AND MAPPING AGENCY.

22 (a) IN GENERAL.—(1) Title I of the National Security

23 Act of 1947 (50 U.S.C. 402 et seq.) is amended by adding

24 at the end the following:
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1 ‘‘NATIONAL MISSION AND COLLECTION TASKING AUTHORITY

2 FOR THE NATIONAL IMAGERY AND MAPPING AGENCY

3 ‘‘SEC. 110. (a) NATIONAL MISSION.—The National

4 Imagery and Mapping Agency shall have a national mis5 sion to support the imagery requirements of the Department

6 of State, the Department of Defense, and other departments

7 and agencies of the Federal Government. The Director of

8 Central Intelligence shall establish requirements and prior9 ities to govern the collection of national intelligence by the

10 National Imagery and Mapping Agency. The Secretary of

11 Defense and the Director of Central Intelligence, in con12 sultation with the Chairman of the Joint Chiefs of Staff,

13 shall jointly identify deficiencies in the capabilities of the

14 National Imagery and Mapping Agency to accomplish as15 signed national missions and shall jointly develop policies

16 and programs to review and correct such deficiencies.

17 ‘‘(b) COLLECTION AND TASKING AUTHORITY.—Except

18 as otherwise agreed by the Director of Central Intelligence

19 and the Secretary of Defense pursuant to direction provided

20 by the President, the Director of Central Intelligence has

21 the authority to approve collection requirements, determine

22 collection priorities, and resolve conflicts in collection prior23 ities levied on national imagery collection assets.’’.
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1 (2) The table of contents in the first section of that

2 Act is amended by inserting after the item relating to sec3 tion 109 the following new item:

‘‘Sec. 110. National mission and collection tasking authority for the National Imagery and Mapping Agency.’’.

4 (b) EFFECTIVE DATE.—The amendments made by sub5 section (a) shall take effect on the later of—

6 (1) the date of the enactment of the National De7 fense Authorization Act for Fiscal Year 1997; or

8 (2) the date of the enactment of this Act.

Attest:

Secretary.
104TH CONGRESS

2D SESSION H. R. 3259

AMENDMENT
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