H. R. 3259

One Hundred Fourth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday,

the third day of January, one thousand nine hundred and ninety-six

An Act

To authorize appropriations for fiscal year 1997 for intelligence and intelligencerelated activities of the United States Government, the Community Management

Account, and the Central Intelligence Agency Retirement and Disability System,

and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Intelligence

Authorization Act for Fiscal Year 1997’’.

(b) TABLE OF CONTENTS.—The table of contents for 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. Limitation on availability of funds for automatic declassification of

records over 25 years old.

Sec. 304. Application of sanctions laws to intelligence activities.

Sec. 305. Expedited naturalization.

Sec. 306. Sense of Congress on enforcement of requirement to protect the identities

of undercover intelligence officers, agents, informants, and sources.

Sec. 307. Sense of Congress on intelligence community contracting.

Sec. 308. Restrictions on intelligence sharing with the United Nations.

Sec. 309. Prohibition on using journalists as agents or assets.

Sec. 310. Report on policy of intelligence community regarding the protection of the

national information infrastructure against attack.

TITLE IV—CENTRAL INTELLIGENCE AGENCY

Sec. 401. Elimination of double surcharge on Central Intelligence Agency relating

to employees who retire or resign in fiscal years 1998 or 1999 and who

receive voluntary separation incentive payments.

Sec. 402. Post-employment restrictions.

TITLE V—DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

Sec. 501. Executive branch oversight of budgets of elements of the intelligence

community.

TITLE VI—FEDERAL BUREAU OF INVESTIGATION

Sec. 601. Access to telephone records.
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TITLE VII—COMBATTING PROLIFERATION

Sec. 701. Short title.

Subtitle A—Assessment of Organization and Structure of Government for

Combatting Proliferation

Sec. 711. Establishment of commission.

Sec. 712. Duties of commission.

Sec. 713. Powers of commission.

Sec. 714. Commission personnel matters.

Sec. 715. Termination of commission.

Sec. 716. Definition.

Sec. 717. Payment of commission expenses.

Subtitle B—Other Matters

Sec. 721. Reports on acquisition of technology relating to weapons of mass

destruction and advanced conventional munitions.

TITLE VIII—RENEWAL AND REFORM OF INTELLIGENCE ACTIVITIES

Sec. 801. Short title.

Sec. 802. Committee on Foreign Intelligence.

Sec. 803. Annual reports on intelligence.

Sec. 804. Transnational threats.

Sec. 805. Overall management of central intelligence.

Sec. 806. National Intelligence Council.

Sec. 807. Enhancement of authority of Director of Central Intelligence to manage

budget, personnel, and activities of intelligence community.

Sec. 808. Responsibilities of Secretary of Defense pertaining to the National

Foreign Intelligence Program.

Sec. 809. Improvement of intelligence collection.

Sec. 810. Improvement of analysis and production of intelligence.

Sec. 811. Improvement of administration of intelligence activities.

Sec. 812. Pay level of Deputy Director of Central Intelligence for Community Management and Assistant Directors of Central Intelligence.

Sec. 813. General Counsel of the Central Intelligence Agency.

Sec. 814. Assistance for law enforcement agencies by intelligence community.

Sec. 815. Appointment of officials responsible for intelligence-related activities.

Sec. 816. Study on the future of intelligence collection.

Sec. 817. Intelligence Reserve Corps.

TITLE IX—FINANCIAL MATTERS

Sec. 901. Authorization of funding provided by 1996 supplemental appropriations

Act.

TITLE I—INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year

1997 for the conduct of the intelligence and intelligence-related

activities of the following elements of the United States Government:

(1) The Central Intelligence Agency.

(2) The Department of Defense.

(3) The Defense Intelligence Agency.

(4) The National Security Agency.

(5) The Department of the Army, the Department of the

Navy, and the Department of the Air Force.

(6) The Department of State.

(7) The Department of Treasury.

(8) The Department of Energy.

(9) The Federal Bureau of Investigation.

(10) The Drug Enforcement Administration.

(11) The National Reconnaissance Office.

(12) The National Imagery and Mapping Agency.
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SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

(a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL CEILINGS.—

The amounts authorized to be appropriated under section 101,

and the authorized personnel ceilings as of September 30, 1997,

for the conduct of the intelligence and intelligence-related activities

of the elements listed in such section, are those specified in the

classified Schedule of Authorizations prepared to accompany the

conference report on the bill H.R. 3259 of the One Hundred Fourth

Congress.

(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AUTHORIZATIONS.—The Schedule of Authorizations shall be made available

to the Committees on Appropriations of the Senate and House

of Representatives and to the President. The President shall provide

for suitable distribution of the Schedule, or of appropriate portions

of the Schedule, within the executive branch.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

(a) AUTHORITY FOR ADJUSTMENTS.—With the approval of the

Director of the Office of Management and Budget, the Director

of Central Intelligence may authorize employment of civilian

personnel in excess of the number authorized for fiscal year 1997

under section 102 when the Director of Central Intelligence determines that such action is necessary to the performance of important

intelligence functions, except that the number of personnel

employed in excess of the number authorized under such section

may not, for any element of the intelligence community, exceed

two percent of the number of civilian personnel authorized under

such section for such element.

(b) NOTICE TO INTELLIGENCE COMMITTEES.—The Director of

Central Intelligence shall promptly notify the Permanent Select

Committee on Intelligence of the House of Representatives and

the Select Committee on Intelligence of the Senate whenever he

exercises the authority granted by this section.

SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

(a) AUTHORIZATIONS OF APPROPRIATIONS.—There is authorized

to be appropriated for the Community Management Account of

the Director of Central Intelligence for fiscal year 1997 the sum

of $131,116,000. Within such amount, funds identified in the classified Schedule of Authorizations referred to in section 102(a) for

the Advanced Research and Development Committee shall remain

available until September 30, 1998.

(b) AUTHORIZED PERSONNEL LEVELS.—The staff of the Community Management Account of the Director of Central Intelligence

is authorized 303 full-time personnel as of September 30, 1997.

Such personnel of the Community Management Staff may be permanent employees of the Community Management Staff or personnel

detailed from other elements of the United States Government.

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

employee of the United States or member of the Armed Forces

who is detailed to the staff of the Community Management Account

from another element of the United States Government shall be

detailed on a reimbursable basis, except that any such officer,

employee, or member may be detailed on a non-reimbursable basis

for a period of less than one year for the performance of temporary

functions as required by the Director of Central Intelligence.
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(d) NATIONAL DRUG INTELLIGENCE CENTER.—(1) Of the amount

authorized to be appropriated in subsection (a), $27,000,000 shall

be available for the National Drug Intelligence Center located in

Johnstown, Pennsylvania.

(2) The Director of Central Intelligence shall transfer to the

Attorney General funds available for the National Drug Intelligence

Center under paragraph (1). The Attorney General shall utilize

funds so transferred for the activities of the Center.

(3) Amounts available for the Center may not be used in contravention of the provisions of section 103(d)(1) of the National

Security Act of 1947 (50 U.S.C. 403–3(d)(1)).

(4) Notwithstanding any other provision of law, the Attorney

General shall retain full authority over the operations of the Center.

(e) ENVIRONMENTAL PROGRAMS.—Of the amount authorized to

be appropriated in subsection (a), $18,000,000 shall be available

for the Environmental Intelligence and Applications Program,

formerly known as the Environmental Task Force, and remain

available until September 30, 1998.

TITLE II—CENTRAL INTELLIGENCE

AGENCY RETIREMENT AND

DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 1997

the sum of $184,200,000.

TITLE III—GENERAL PROVISIONS

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS

AUTHORIZED BY LAW.

Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased

by such additional or supplemental amounts as may be necessary

for increases in such compensation or benefits authorized by law.

SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

The authorization of appropriations by this Act shall not be

deemed to constitute authority for the conduct of any intelligence

activity which is not otherwise authorized by the Constitution or

the laws of the United States.

SEC. 303. LIMITATION ON AVAILABILITY OF FUNDS FOR AUTOMATIC

DECLASSIFICATION OF RECORDS OVER 25 YEARS OLD.

Of the amounts authorized to be appropriated for fiscal year

1997 by this Act for the National Foreign Intelligence Program,

not more than $27,200,000 shall be available to carry out the

provisions of section 3.4 of Executive Order 12958.

SEC. 304. APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE

ACTIVITIES.

Section 905 of the National Security Act of 1947 (50 U.S.C.

441d) is amended by striking out ‘‘on the date which is one year
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after the date of the enactment of this title’’ and inserting in

lieu thereof ‘‘on January 6, 1998’’.

SEC. 305. EXPEDITED NATURALIZATION.

(a) IN GENERAL.—With the approval of the Director of Central

Intelligence, the Attorney General, and the Commissioner of

Immigration and Naturalization, an applicant described in subsection (b) and otherwise eligible for naturalization may be

naturalized without regard to the residence and physical presence

requirements of section 316(a) of the Immigration and Nationality

Act, or to the prohibitions of section 313 of such Act, and no

residence within a particular State or district of the Immigration

and Naturalization Service in the United States shall be required.

(b) ELIGIBLE APPLICANT.—An applicant eligible for naturalization under this section is the spouse or child of a deceased alien

whose death resulted from the intentional and unauthorized disclosure of classified information regarding the alien’s participation

in the conduct of United States intelligence activities and who—

(1) has resided continuously, after being lawfully admitted

for permanent residence, within the United States for at least

one year prior to naturalization; and

(2) is not described in subparagraph (A), (B), (C), or (D)

of section 243(h)(2) of such Act.

(c) ADMINISTRATION OF OATH.—An applicant for naturalization

under this section may be administered the oath of allegiance

under section 337(a) of the Immigration and Nationality Act by

the Attorney General or any district court of the United States,

without regard to the residence of the applicant. Proceedings under

this subsection shall be conducted in a manner consistent with

the protection of intelligence sources, methods, and activities.

(d) DEFINITIONS.—For purposes of this section—

(1) the term ‘‘child’’ means a child as defined in subparagraphs (A) through (E) of section 101(b)(1) of the Immigration

and Nationality Act, without regard to age or marital status;

and

(2) the term ‘‘spouse’’ means the wife or husband of a

deceased alien referred to in subsection (b) who was married

to such alien during the time the alien participated in the

conduct of United States intelligence activities.

SEC. 306. SENSE OF CONGRESS ON ENFORCEMENT OF REQUIREMENT

TO PROTECT THE IDENTITIES OF UNDERCOVER

INTELLIGENCE OFFICERS, AGENTS, INFORMANTS, AND

SOURCES.

It is the sense of Congress that title VI of the National Security

Act of 1947 (50 U.S.C. 421 et seq.) (relating to protection of the

identities of undercover intelligence officers, agents, informants,

and sources) should be enforced by the appropriate law enforcement

agencies.

SEC. 307. SENSE OF CONGRESS ON INTELLIGENCE COMMUNITY

CONTRACTING.

It is the sense of Congress that the Director of Central Intelligence should continue to direct that elements of the intelligence

community, whenever compatible with the national security

interests of the United States and consistent with the operational

and security concerns related to the conduct of intelligence activities, and where fiscally sound, should award contracts in a manner
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that would maximize the procurement of products properly

designated as having been made in the United States.

SEC. 308. RESTRICTIONS ON INTELLIGENCE SHARING WITH THE

UNITED NATIONS.

(a) IN GENERAL.—The National Security Act of 1947 (50 U.S.C.

401 et seq.) is amended by adding at the end of title I the following

new section:

‘‘RESTRICTIONS ON INTELLIGENCE SHARING WITH THE UNITED

NATIONS

‘‘SEC. 110. (a) PROVISION OF INTELLIGENCE INFORMATION TO

THE UNITED NATIONS.—(1) No United States intelligence information may be provided to the United Nations or any organization

affiliated with the United Nations, or to any officials or employees

thereof, unless the President certifies to the appropriate committees

of Congress that the Director of Central Intelligence, in consultation

with the Secretary of State and the Secretary of Defense, has

established and implemented procedures, and has worked with

the United Nations to ensure implementation of procedures, for

protecting from unauthorized disclosure United States intelligence

sources and methods connected to such information.

‘‘(2) Paragraph (1) may be waived upon written certification

by the President to the appropriate committees of Congress that

providing such information to the United Nations or an organization

affiliated with the United Nations, or to any officials or employees

thereof, is in the national security interests of the United States.

‘‘(b) PERIODIC AND SPECIAL REPORTS.—(1) The President shall

report semiannually to the appropriate committees of Congress

on the types and volume of intelligence provided to the United

Nations and the purposes for which it was provided during the

period covered by the report. The President shall also report to

the appropriate committees of Congress within 15 days after it

has become known to the United States Government that there

has been an unauthorized disclosure of intelligence provided by

the United States to the United Nations.

‘‘(2) The requirement for periodic reports under the first sentence of paragraph (1) shall not apply to the provision of intelligence

that is provided only to, and for the use of, appropriately cleared

United States Government personnel serving with the United

Nations.

‘‘(c) DELEGATION OF DUTIES.—The President may not delegate

or assign the duties of the President under this section.

‘‘(d) RELATIONSHIP TO EXISTING LAW.—Nothing in this section

shall be construed to—

‘‘(1) impair or otherwise affect the authority of the Director

of Central Intelligence to protect intelligence sources and

methods from unauthorized disclosure pursuant to section

103(c)(6) of this Act; or

‘‘(2) supersede or otherwise affect the provisions of title

V of this Act.

‘‘(e) DEFINITION.—As used in this section, the term ‘appropriate

committees of Congress’ means the Committee on Foreign Relations

and the Select Committee on Intelligence of the Senate and the

Committee on Foreign Relations and the Permanent Select Committee on Intelligence of the House of Representatives.’’.
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(b) CLERICAL AMENDMENT.—The table of contents for the

National Security Act of 1947 is amended by inserting after the

item relating to section 109 the following:

‘‘Sec. 110. Restrictions on intelligence sharing with the United Nations.’’.

SEC. 309. PROHIBITION ON USING JOURNALISTS AS AGENTS OR

ASSETS.

(a) POLICY.—It is the policy of the United States that an

element of the Intelligence Community may not use as an agent

or asset for the purposes of collecting intelligence any individual

who—

(1) is authorized by contract or by the issuance of press

credentials to represent himself or herself, either in the United

States or abroad, as a correspondent of a United States news

media organization; or

(2) is officially recognized by a foreign government as a

representative of a United States media organization.

(b) WAIVER.—Pursuant to such procedures as the President

may prescribe, the President or the Director of Central Intelligence

may waive subsection (a) in the case of an individual if the President

or the Director, as the case may be, makes a written determination

that the waiver is necessary to address the overriding national

security interest of the United States. The Permanent Select

Committee on Intelligence of the House of Representatives and

the Select Committee on Intelligence of the Senate shall be notified

of any waiver under this subsection.

(c) VOLUNTARY COOPERATION.—Subsection (a) shall not be

construed to prohibit the voluntary cooperation of any person who

is aware that the cooperation is being provided to an element

of the United States Intelligence Community.

SEC. 310. REPORT ON POLICY OF INTELLIGENCE COMMUNITY

REGARDING THE PROTECTION OF THE NATIONAL

INFORMATION INFRASTRUCTURE AGAINST ATTACK.

(a) REPORT.—(1) Not later than 120 days after the date of

the enactment of this Act, the Director of Central Intelligence

shall submit to Congress a report on the potential responses of

the intelligence community to threats to and attacks upon the

information infrastructure of the United States by foreign countries,

groups, or individuals, or by other entities, groups, or individuals.

(2) The report shall include the following:

(A) An analysis of the threats posed to the information

infrastructure of the United States by information warfare

and other forms of non-traditional attacks on the infrastructure

by foreign countries, groups, or individuals, or by other entities,

groups, or individuals.

(B) A description and assessment of the counterintelligence

activities required to respond to such threats, including the

plans of the intelligence community to support such activities.

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

(1) The term ‘‘intelligence community’’ has the meaning

given such term in section 3(4) of the National Security Act

of 1947 (50 U.S.C. 401a(4)).

(2) The term ‘‘information infrastructure of the United

States’’ includes the information infrastructure of the public

sector and of the private sector.
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TITLE IV—CENTRAL INTELLIGENCE

AGENCY

SEC. 401. ELIMINATION OF DOUBLE SURCHARGE ON CENTRAL

INTELLIGENCE AGENCY RELATING TO EMPLOYEES WHO

RETIRE OR RESIGN IN FISCAL YEARS 1998 OR 1999 AND

WHO RECEIVE VOLUNTARY SEPARATION INCENTIVE

PAYMENTS.

Section 2(i) of the Central Intelligence Agency Voluntary Separation Pay Act (50 U.S.C. 403–4 note) is amended by adding at

the end the following: ‘‘The remittance required by this subsection

shall be in lieu of any remittance required by section 4(a) of the

Federal Workforce Restructuring Act of 1994 (5 U.S.C. 8331 note).’’.

SEC. 402. POST-EMPLOYMENT RESTRICTIONS.

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

enactment of this Act, the Director of Central Intelligence shall

prescribe regulations requiring each employee of the Central Intelligence Agency designated by the Director for such purpose to

sign a written agreement restricting the activities of the employee

upon ceasing employment with the Central Intelligence Agency.

The Director may designate a group or class of employees for

such purpose.

(b) AGREEMENT ELEMENTS.—The regulations shall provide that

an agreement contain provisions specifying that the employee

concerned not represent or advise the government, or any political

party, of any foreign country during the three-year period beginning

on the cessation of the employee’s employment with the Central

Intelligence Agency unless the Director determines that such representation or advice would be in the best interests of the United

States.

(c) DISCIPLINARY ACTIONS.—The regulations shall specify appropriate disciplinary actions (including loss of retirement benefits)

to be taken against any employee determined by the Director of

Central Intelligence to have violated the agreement of the employee

under this section.

TITLE V—DEPARTMENT OF DEFENSE

INTELLIGENCE ACTIVITIES

SEC. 501. EXECUTIVE BRANCH OVERSIGHT OF BUDGETS OF ELEMENTS

OF THE INTELLIGENCE COMMUNITY.

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

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

congressional committees a report setting forth the actions that

have been taken to ensure adequate oversight by the executive

branch of the budget of the National Reconnaissance Office and

the budgets of other elements of the intelligence community within

the Department of Defense.

(b) REPORT ELEMENTS.—The report required by subsection

(a) shall—

(1) describe the extent to which the elements of the intelligence community carrying out programs and activities in the

National Foreign Intelligence Program are subject to
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requirements imposed on other elements and components of

the Department of Defense under the Chief Financial Officers

Act of 1990 (Public Law 101–576), and the amendments made

by that Act, and the Federal Financial Management Act of

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

made by that Act;

(2) describe the extent to which such elements submit

to the Office of Management and Budget budget justification

materials and execution reports similar to the budget justification materials and execution reports submitted to the Office

of Management and Budget by the non-intelligence components

of the Department of Defense;

(3) describe the extent to which the National Reconnaissance Office submits to the Office of Management and Budget,

the Community Management Staff, and the Office of the Secretary of Defense—

(A) complete information on the cost, schedule,

performance, and requirements for any new major acquisition before initiating the acquisition;

(B) yearly reports (including baseline cost and schedule

information) on major acquisitions;

(C) planned and actual expenditures in connection with

major acquisitions; and

(D) variances from any cost baselines for major acquisitions (including explanations of such variances); and

(4) assess the extent to which the National Reconnaissance

Office has submitted to Office of Management and Budget,

the Community Management Staff, and the Office of the Secretary of Defense on a monthly basis a detailed budget execution report similar to the budget execution report prepared

for Department of Defense programs.

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

(1) The term ‘‘appropriate congressional committees’’ means

the following:

(A) The Select Committee on Intelligence and the

Committee on Armed Services of the Senate.

(B) The Permanent Select Committee on Intelligence

and the Committee on National Security of the House

of Representatives.

(2) The term ‘‘National Foreign Intelligence Program’’ has

the meaning given such term in section 3(6) of the National

Security Act of 1947 (50 U.S.C. 401a(6)).

TITLE VI—FEDERAL BUREAU OF

INVESTIGATION

SEC. 601. ACCESS TO TELEPHONE RECORDS.

(a) ACCESS FOR COUNTERINTELLIGENCE PURPOSES.—Section

2709(b)(1) of title 18, United States Code, is amended by inserting

‘‘local and long distance’’ before ‘‘toll billing records’’.

(b) CONFORMING AMENDMENT.—Section 2703(c)(1)(C) of such

title is amended by inserting ‘‘local and long distance’’ after

‘‘address,’’.

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

(1) in subsection (a), by striking out ‘‘customer’’ and inserting in lieu thereof ‘‘other person’’;
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(2) in subsection (c), by adding at the end the following:

‘‘If the violation is willful or intentional, the court may assess

punitive damages. In the case of a successful action to enforce

liability under this section, the court may assess the costs

of the action, together with reasonable attorney fees determined

by the court.’’;

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

(e) and (f), respectively; and

(4) by inserting after subsection (c) the following new subsection (d):

‘‘(d) DISCIPLINARY ACTIONS FOR VIOLATIONS.—If a court determines that any agency or department of the United States has

violated this chapter and the court finds that the circumstances

surrounding the violation raise the question whether or not an

officer or employee of the agency or department acted willfully

or intentionally with respect to the violation, the agency or department concerned shall promptly initiate a proceeding to determine

whether or not disciplinary action is warranted against the officer

or employee.’’.

TITLE VII—COMBATTING

PROLIFERATION

SEC. 701. SHORT TITLE.

This title may be cited as the ‘‘Combatting Proliferation of

Weapons of Mass Destruction Act of 1996’’.

Subtitle A—Assessment of Organization

and Structure of Government for

Combatting Proliferation

SEC. 711. ESTABLISHMENT OF COMMISSION.

(a) ESTABLISHMENT.—There is established a commission to be

known as the Commission to Assess the Organization of the Federal

Government to Combat the Proliferation of Weapons of Mass

Destruction (in this subtitle referred to as the ‘‘Commission’’).

(b) MEMBERSHIP.—The Commission shall be composed of eight

members of whom—

(1) four shall be appointed by the President;

(2) one shall be appointed by the Majority Leader of the

Senate;

(3) one shall be appointed by the Minority Leader of the

Senate;

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

of Representatives; and

(5) one shall be appointed by the Minority Leader of the

House of Representatives.

(c) QUALIFICATIONS OF MEMBERS.—(1) To the maximum extent

practicable, the individuals appointed as members of the Commission shall be individuals who are nationally recognized for expertise

regarding—

(A) the nonproliferation of weapons of mass destruction;
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(B) the efficient and effective implementation of United

States nonproliferation policy; or

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

national security policies of the United States.

(2) An official who appoints members of the Commission may

not appoint an individual as a member if, in the judgment of

the official, the individual possesses any personal or financial

interest in the discharge of any of the duties of the Commission.

(d) PERIOD OF APPOINTMENT; VACANCIES.—Members shall be

appointed for the life of the Commission. Any vacancy in the

Commission shall not affect its powers, but shall be filled in the

same manner as the original appointment.

(e) INITIAL MEETING.—Not later than 30 days after the date

on which all members of the Commission have been appointed,

the Commission shall hold its first meeting.

(f) QUORUM.—A majority of the members of the Commission

shall constitute a quorum, but a lesser number of members may

hold hearings.

(g) CHAIRMAN AND VICE CHAIRMAN.—The Commission shall

select a Chairman and Vice Chairman from among its members.

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

Chairman.

SEC. 712. DUTIES OF COMMISSION.

(a) STUDY.—

(1) IN GENERAL.—The Commission shall carry out a

thorough study of the organization of the Federal Government,

including the elements of the intelligence community, with

respect to combatting the proliferation of weapons of mass

destruction.

(2) SPECIFIC REQUIREMENTS.—In carrying out the study,

the Commission shall—

(A) assess the current structure and organization of

the departments and agencies of the Federal Government

having responsibilities for combatting the proliferation of

weapons of mass destruction; and

(B) assess the effectiveness of United States

cooperation with foreign governments with respect to nonproliferation activities, including cooperation—

(i) between elements of the intelligence community

and elements of the intelligence-gathering services of

foreign governments;

(ii) between other departments and agencies of

the Federal Government and the counterparts to such

departments and agencies in foreign governments; and

(iii) between the Federal Government and international organizations.

(3) ASSESSMENTS.—In making the assessments under paragraph (2), the Commission should address—

(A) the organization of the export control activities

(including licensing and enforcement activities) of the Federal Government relating to the proliferation of weapons

of mass destruction;

(B) arrangements for coordinating the funding of

United States nonproliferation activities;

(C) existing arrangements governing the flow of

information among departments and agencies of the
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Federal Government responsible for nonproliferation activities;

(D) the effectiveness of the organization and function

of interagency groups in ensuring implementation of United

States treaty obligations, laws, and policies with respect

to nonproliferation;

(E) the administration of sanctions for purposes of

nonproliferation, including the measures taken by departments and agencies of the Federal Government to

implement, assess, and enhance the effectiveness of such

sanctions;

(F) the organization, management, and oversight of

United States counterproliferation activities;

(G) the recruitment, training, morale, expertise, retention, and advancement of Federal Government personnel

responsible for the nonproliferation functions of the Federal

Government, including any problems in such activities;

(H) the role in United States nonproliferation activities

of the National Security Council, the Office of Management

and Budget, the Office of Science and Technology Policy,

and other offices in the Executive Office of the President

having responsibilities for such activities;

(I) the organization of the activities of the Federal

Government to verify government-to-government assurances and commitments with respect to nonproliferation,

including assurances regarding the future use of commodities exported from the United States; and

(J) the costs and benefits to the United States of

increased centralization and of decreased centralization in

the administration of the nonproliferation activities of the

Federal Government.

(b) RECOMMENDATIONS.—In conducting the study, the Commission shall develop recommendations on means of improving the

effectiveness of the organization of the departments and agencies

of the Federal Government in meeting the national security

interests of the United States with respect to the proliferation

of weapons of mass destruction. Such recommendations shall

include specific recommendations to eliminate duplications of effort,

and other inefficiencies, in and among such departments and

agencies.

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

the enactment of this Act, the Commission shall submit to Congress

a report containing a detailed statement of the findings and conclusions of the Commission, together with its recommendations for

such legislation and administrative actions as it considers appropriate.

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

may include a classified annex.

SEC. 713. POWERS OF COMMISSION.

(a) HEARINGS.—The Commission may hold such hearings, sit

and act at such times and places, take such testimony, and receive

such evidence as the Commission considers advisable to carry out

the purposes of this subtitle.

(b) INFORMATION FROM FEDERAL AGENCIES.—

(1) IN GENERAL.—The Commission may secure directly from

any Federal department or agency such information as the
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Commission considers necessary to carry out the provisions

of this subtitle. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish

such information to the Commission.

(2) CLASSIFIED INFORMATION.—A department or agency

may furnish the Commission classified information under this

subsection. The Commission shall take appropriate actions to

safeguard classified information furnished to the Commission

under this paragraph.

(c) POSTAL SERVICES.—The Commission may use the United

States mails in the same manner and under the same conditions

as other departments and agencies of the Federal Government.

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

gifts or donations of services or property.

SEC. 714. COMMISSION PERSONNEL MATTERS.

(a) COMPENSATION OF MEMBERS.—Each member of the Commission who is not an officer or employee of the Federal Government

shall be compensated at a rate equal to the daily equivalent of

the annual rate of basic pay prescribed for level IV of the Executive

Schedule under section 5315 of title 5, United States Code, for

each day (including travel time) during which such member is

engaged in the performance of the duties of the Commission. All

members of the Commission who are officers or employees of the

United States shall serve without compensation in addition to that

received for their services as officers or employees of the United

States.

(b) TRAVEL EXPENSES.—The members of the Commission shall

be allowed travel expenses, including per diem in lieu of subsistence,

at rates authorized for employees of agencies under subchapter

I of chapter 57 of title 5, United States Code, while away from

their homes or regular places of business in the performance of

services for the Commission.

(c) STAFF.— (1) IN GENERAL.—The Chairman of the Commission may,

without regard to the civil service laws and regulations, appoint

and terminate an executive director and such other additional

personnel as may be necessary to enable the Commission to

perform its duties. The employment of an executive director

shall be subject to confirmation by the Commission.

(2) COMPENSATION.—The Chairman of the Commission may

fix the compensation of the executive director and other

personnel without regard to the provisions of chapter 51 and

subchapter III of chapter 53 of title 5, United States Code,

relating to classification of positions and General Schedule pay

rates, except that the rate of pay for the executive director

and other personnel may not exceed the rate payable for level

V of the Executive Schedule under section 5316 of such title.

(d) DETAIL OF GOVERNMENT EMPLOYEES.—Any Federal Government employee may be detailed to the Commission without

reimbursement, and such detail shall be without interruption or

loss of civil service status or privilege.

(e) PROCUREMENT OF TEMPORARY AND INTERMITTENT

SERVICES.—The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5,

United States Code, at rates for individuals which do not exceed

the daily equivalent of the annual rate of basic pay prescribed
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for level V of the Executive Schedule under section 5316 of such

title.

SEC. 715. TERMINATION OF COMMISSION.

The Commission shall terminate 60 days after the date on

which the Commission submits its report under section 712(c).

SEC. 716. DEFINITION.

For purposes of this subtitle, the term ‘‘intelligence community’’

shall have the meaning given such term in section 3(4) of the

National Security Act of 1947 (50 U.S.C. 401a(4)).

SEC. 717. PAYMENT OF COMMISSION EXPENSES.

The compensation, travel expenses, per diem allowances of

members and employees of the Commission, and other expenses

of the Commission shall be paid out of funds available to the

Director of Central Intelligence for the payment of compensation,

travel allowances, and per diem allowances, respectively, of

employees of the Central Intelligence Agency.

Subtitle B—Other Matters

SEC. 721. REPORTS ON ACQUISITION OF TECHNOLOGY RELATING TO

WEAPONS OF MASS DESTRUCTION AND ADVANCED

CONVENTIONAL MUNITIONS.

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

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

of Central Intelligence shall submit to Congress a report on—

(1) the acquisition by foreign countries during the preceding

6 months of dual-use and other technology useful for the development or production of weapons of mass destruction (including

nuclear weapons, chemical weapons, and biological weapons)

and advanced conventional munitions; and

(2) trends in the acquisition of such technology by such

countries.

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

(a) shall be submitted in unclassified form, but may include a

classified annex.

TITLE VIII—RENEWAL AND REFORM OF

INTELLIGENCE ACTIVITIES

SEC. 801. SHORT TITLE.

This title may be cited as the ‘‘Intelligence Renewal and Reform

Act of 1996’’.

SEC. 802. COMMITTEE ON FOREIGN INTELLIGENCE.

Section 101 of the National Security Act of 1947 (50 U.S.C.

402) is amended—

(1) by redesignating subsection (h) as subsection (j); and

(2) by inserting after subsection (g) the following new subsection (h):

‘‘(h)(1) There is established within the National Security

Council a committee to be known as the Committee on Foreign

Intelligence (in this subsection referred to as the ‘Committee’).

‘‘(2) The Committee shall be composed of the following:
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‘‘(A) The Director of Central Intelligence.

‘‘(B) The Secretary of State.

‘‘(C) The Secretary of Defense.

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

Affairs, who shall serve as the chairperson of the Committee.

‘‘(E) Such other members as the President may designate.

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

in its activities by—

‘‘(A) identifying the intelligence required to address the

national security interests of the United States as specified

by the President;

‘‘(B) establishing priorities (including funding priorities)

among the programs, projects, and activities that address such

interests and requirements; and

‘‘(C) establishing policies relating to the conduct of intelligence activities of the United States, including appropriate

roles and missions for the elements of the intelligence community and appropriate targets of intelligence collection activities.

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

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

interests of the United States;

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

as the Council may require, the intelligence required to meet

such interests and establish an order of priority for the collection and analysis of such intelligence; and

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

intelligence community in order to determine the success of

such elements in collecting, analyzing, and disseminating the

intelligence identified under subparagraph (B).

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

and to the Director of Central Intelligence a comprehensive report

on its activities during the preceding year, including its activities

under paragraphs (3) and (4).’’.

SEC. 803. ANNUAL REPORTS ON INTELLIGENCE.

(a) IN GENERAL.—Section 109 of the National Security Act

of 1947 (50 U.S.C. 404d) is amended by striking out subsections

(a) and (b) and inserting in lieu thereof the following new subsections:

‘‘SEC. 109. (a) IN GENERAL.—(1) Not later than January 31

each year, the President shall submit to the appropriate congressional committees a report on the requirements of the United States

for intelligence and the activities of the intelligence community.

‘‘(2) The purpose of the report is to facilitate an assessment

of the activities of the intelligence community during the preceding

fiscal year and to assist in the development of a mission and

a budget for the intelligence community for the fiscal year beginning

in the year in which the report is submitted.

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

may include a classified annex.

‘‘(b) MATTERS COVERED.—(1) Each report under subsection

(a) shall—

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

security interests of the United States, and set forth an order

of priority for the collection and analysis of intelligence required

to meet such interests, for the fiscal year beginning in the

year in which the report is submitted; and
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‘‘(B) evaluate the performance of the intelligence community in collecting and analyzing intelligence required to meet

such interests during the fiscal year ending in the year

preceding the year in which the report is submitted, including

a description of the significant successes and significant failures

of the intelligence community in such collection and analysis

during that fiscal year.

‘‘(2) The report shall specify matters under paragraph (1)(A)

in sufficient detail to assist Congress in making decisions with

respect to the allocation of resources for the matters specified.

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

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

on Appropriations, and the Committee on Armed Services of

the Senate.

‘‘(2) The Permanent Select Committee on Intelligence, the

Committee on Appropriations, and the Committee on National

Security of the House of Representatives.’’.

(b) CONFORMING AMENDMENTS.—(1) The section heading of such

section is amended to read as follows:

‘‘ANNUAL REPORT ON INTELLIGENCE’’.

(2) The table of contents for the Act is amended by striking

out the item relating to section 109 and inserting in lieu thereof

the following new item:

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

SEC. 804. TRANSNATIONAL THREATS.

Section 101 of the National Security Act of 1947 (50 U.S.C.

402) is amended by inserting after subsection (h), as amended

by section 802 of this Act, the following new subsection:

‘‘(i)(1) There is established within the National Security Council

a committee to be known as the Committee on Transnational

Threats (in this subsection referred to as the ‘Committee’).

‘‘(2) The Committee shall include the following members:

‘‘(A) The Director of Central Intelligence.

‘‘(B) The Secretary of State.

‘‘(C) The Secretary of Defense.

‘‘(D) The Attorney General.

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

Affairs, who shall serve as the chairperson of the Committee.

‘‘(F) Such other members as the President may designate.

‘‘(3) The function of the Committee shall be to coordinate and

direct the activities of the United States Government relating to

combatting transnational threats.

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

‘‘(A) identify transnational threats;

‘‘(B) develop strategies to enable the United States Government to respond to transnational threats identified under

subparagraph (A);

‘‘(C) monitor implementation of such strategies;

‘‘(D) make recommendations as to appropriate responses

to specific transnational threats;

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

differences among Federal departments and agencies in their

responses to transnational threats;
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‘‘(F) develop policies and procedures to ensure the effective

sharing of information about transnational threats among

Federal departments and agencies, including law enforcement

agencies and the elements of the intelligence community; and

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

coordination of activities of Federal law enforcement agencies

and elements of the intelligence community outside the United

States with respect to transnational threats.

‘‘(5) For purposes of this subsection, the term ‘transnational

threat’ means the following:

‘‘(A) Any transnational activity (including international

terrorism, narcotics trafficking, the proliferation of weapons

of mass destruction and the delivery systems for such weapons,

and organized crime) that threatens the national security of

the United States.

‘‘(B) Any individual or group that engages in an activity

referred to in subparagraph (A).’’.

SEC. 805. OVERALL MANAGEMENT OF CENTRAL INTELLIGENCE.

(a) OFFICE OF THE DIRECTOR OF CENTRAL INTELLIGENCE.— Title I of the National Security Act of 1947 (50 U.S.C. 402 et

seq.) is amended by striking out section 102 and inserting in lieu

thereof the following new section 102:

‘‘OFFICE OF THE DIRECTOR OF CENTRAL INTELLIGENCE

‘‘SEC. 102. (a) DIRECTOR OF CENTRAL INTELLIGENCE.—There

is a Director of Central Intelligence who shall be appointed by

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

The Director shall—

‘‘(1) serve as head of the United States intelligence

community;

‘‘(2) act as the principal adviser to the President for intelligence matters related to the national security; and

‘‘(3) serve as head of the Central Intelligence Agency.

‘‘(b) DEPUTY DIRECTORS OF CENTRAL INTELLIGENCE.—(1) There

is a Deputy Director of Central Intelligence who shall be appointed

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

‘‘(2) There is a Deputy Director of Central Intelligence for

Community Management who shall be appointed by the President,

by and with the advice and consent of the Senate.

‘‘(3) Each Deputy Director of Central Intelligence shall have

extensive national security expertise.

‘‘(c) MILITARY STATUS OF DIRECTOR AND DEPUTY DIRECTORS.—

(1)(A) Not more than one of the individuals serving in the positions

specified in subparagraph (B) may be a commissioned officer of

the Armed Forces, whether in active or retired status.

‘‘(B) The positions referred to in subparagraph (A) are the

following:

‘‘(i) The Director of Central Intelligence.

‘‘(ii) The Deputy Director of Central Intelligence.

‘‘(iii) The Deputy Director of Central Intelligence for

Community Management.

‘‘(2) It is the sense of Congress that, under ordinary circumstances, it is desirable that one of the individuals serving in

the positions specified in paragraph (1)(B)—

‘‘(A) be a commissioned officer of the Armed Forces, whether

in active or retired status; or
H. R. 3259—18

‘‘(B) have, by training or experience, an appreciation of

military intelligence activities and requirements.

‘‘(3) A commissioned officer of the Armed Forces, while serving

in a position specified in paragraph (1)(B)—

‘‘(A) shall not be subject to supervision or control by the

Secretary of Defense or by any officer or employee of the Department of Defense;

‘‘(B) shall not exercise, by reason of the officer’s status

as a commissioned officer, any supervision or control with

respect to any of the military or civilian personnel of the

Department of Defense except as otherwise authorized by law;

and

‘‘(C) shall not be counted against the numbers and percentages of commissioned officers of the rank and grade of such

officer authorized for the military department of that officer.

‘‘(4) Except as provided in subparagraph (A) or (B) of paragraph

(3), the appointment of an officer of the Armed Forces to a position

specified in paragraph (1)(B) shall not affect the status, position,

rank, or grade of such officer in the Armed Forces, or any

emolument, perquisite, right, privilege, or benefit incident to or

arising out of any such status, position, rank, or grade.

‘‘(5) A commissioned officer of the Armed Forces on active

duty who is appointed to a position specified in paragraph (1)(B),

while serving in such position and while remaining on active duty,

shall continue to receive military pay and allowances and shall

not receive the pay prescribed for such position. Funds from which

such pay and allowances are paid shall be reimbursed from funds

available to the Director of Central Intelligence.

‘‘(d) DUTIES OF DEPUTY DIRECTORS.—(1)(A) The Deputy Director

of Central Intelligence shall assist the Director of Central Intelligence in carrying out the Director’s responsibilities under this

Act.

‘‘(B) The Deputy Director of Central Intelligence shall act for,

and exercise the powers of, the Director of Central Intelligence

during the Director’s absence or disability or during a vacancy

in the position of the Director of Central Intelligence.

‘‘(2) The Deputy Director of Central Intelligence for Community

Management shall, subject to the direction of the Director of Central

Intelligence, be responsible for the following:

‘‘(A) Directing the operations of the Community Management Staff.

‘‘(B) Through the Assistant Director of Central Intelligence

for Collection, ensuring the efficient and effective collection

of national intelligence using technical means and human

sources.

‘‘(C) Through the Assistant Director of Central Intelligence

for Analysis and Production, conducting oversight of the

analysis and production of intelligence by elements of the intelligence community.

‘‘(D) Through the Assistant Director of Central Intelligence

for Administration, performing community-wide management

functions of the intelligence community, including the management of personnel and resources.

‘‘(3)(A) The Deputy Director of Central Intelligence takes

precedence in the Office of the Director of Central Intelligence

immediately after the Director of Central Intelligence.
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‘‘(B) The Deputy Director of Central Intelligence for Community

Management takes precedence in the Office of the Director of

Central Intelligence immediately after the Deputy Director

of Central Intelligence.

‘‘(e) OFFICE OF THE DIRECTOR OF CENTRAL INTELLIGENCE.— (1) There is an Office of the Director of Central Intelligence. The

function of the Office is to assist the Director of Central Intelligence

in carrying out the duties and responsibilities of the Director under

this Act and to carry out such other duties as may be prescribed

by law.

‘‘(2) The Office of the Director of Central Intelligence is composed of the following:

‘‘(A) The Director of Central Intelligence.

‘‘(B) The Deputy Director of Central Intelligence.

‘‘(C) The Deputy Director of Central Intelligence for

Community Management.

‘‘(D) The National Intelligence Council.

‘‘(E) The Assistant Director of Central Intelligence for

Collection.

‘‘(F) The Assistant Director of Central Intelligence for

Analysis and Production.

‘‘(G) The Assistant Director of Central Intelligence for

Administration.

‘‘(H) Such other offices and officials as may be established

by law or the Director of Central Intelligence may establish

or designate in the Office.

‘‘(3) To assist the Director in fulfilling the responsibilities of

the Director as head of the intelligence community, the Director

shall employ and utilize in the Office of the Director of Central

Intelligence a professional staff having an expertise in matters

relating to such responsibilities and may establish permanent positions and appropriate rates of pay with respect to that staff.’’.

(b) CENTRAL INTELLIGENCE AGENCY.—Title I of the National

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

after section 102, as amended by subsection (a), the following new

section:

‘‘CENTRAL INTELLIGENCE AGENCY

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

function of the Agency shall be to assist the Director of Central

Intelligence in carrying out the responsibilities referred to in paragraphs (1) through (5) of section 103(d) of this Act.’’.

(c) CLERICAL AMENDMENT.—The table of contents for that Act

is amended by striking out the item relating to section 102 and

inserting in lieu thereof the following new items:

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

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

SEC. 806. NATIONAL INTELLIGENCE COUNCIL.

Section 103(b) of the National Security Act of 1947 (50 U.S.C.

403–3(b)) is amended—

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

of the Council or employees of such contractors,’’ after ‘‘on

the Council’’;

(2) in paragraph (2)—

(A) by striking out ‘‘and’’ at the end of subparagraph (A);
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(B) by redesignating subparagraph (B) as subparagraph (C); and

(C) by inserting after subparagraph (A) the following

new subparagraph (B):

‘‘(B) evaluate community-wide collection and production of

intelligence by the intelligence community and the requirements and resources of such collection and production; and’’;

(3) by redesignating paragraphs (4) and (5) as paragraphs

(5) and (6), respectively;

(4) by inserting after paragraph (3) the following new paragraph (4):

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

Central Intelligence, the Council may carry out its responsibilities

under this subsection by contract, including contracts for substantive experts necessary to assist the Council with particular

assessments under this subsection.’’; and

(5) in paragraph (5), as so redesignated, by adding at

the end the following: ‘‘The Council shall also be readily accessible to policymaking officials and other appropriate individuals

not otherwise associated with the intelligence community.’’.

SEC. 807. ENHANCEMENT OF AUTHORITY OF DIRECTOR OF CENTRAL

INTELLIGENCE TO MANAGE BUDGET, PERSONNEL, AND

ACTIVITIES OF INTELLIGENCE COMMUNITY.

(a) IN GENERAL.—Section 103(c) of the National Security Act

of 1947 (50 U.S.C. 403–3(c)) is amended—

(1) by striking out paragraph (1) and inserting in lieu

thereof the following new paragraph (1):

‘‘(1) facilitate the development of an annual budget for

intelligence and intelligence-related activities of the United

States by—

‘‘(A) developing and presenting to the President an

annual budget for the National Foreign Intelligence Program; and

‘‘(B) participating in the development by the Secretary

of Defense of the annual budgets for the Joint Military

Intelligence Program and the Tactical Intelligence and

Related Activities Program;’’;

(2) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively; and

(3) by inserting after paragraph (2) the following new paragraph (3):

‘‘(3) approve collection requirements, determine collection

priorities, and resolve conflicts in collection priorities levied

on national collection assets, except as otherwise agreed with

the Secretary of Defense pursuant to the direction of the

President;’’.

(b) USE OF FUNDS.—Section 104(c) of the National Security

Act of 1947 (50 U.S.C. 403–4(c)) is amended by adding at the

end the following: ‘‘The Secretary of Defense shall consult with

the Director of Central Intelligence before reprogramming funds

made available under the Joint Military Intelligence Program.’’.

(c) PERIODIC REPORTS ON EXPENDITURES.—Not later than

January 1, 1997, the Director of Central Intelligence and the Secretary of Defense shall prescribe guidelines to ensure prompt reporting to the Director and the Secretary on a periodic basis of budget
H. R. 3259—21

execution data for all national, defense-wide, and tactical intelligence activities.

(d) DATABASE PROGRAM TRACKING.—Not later than January

1, 1999, the Director of Central Intelligence and the Secretary

of Defense shall develop and implement a database to provide

timely and accurate information on the amounts, purposes, and

status of the resources, including periodic budget execution updates,

for all national, defense-wide, and tactical intelligence activities.

(e) PERSONNEL, TRAINING, AND ADMINISTRATIVE ACTIVITIES.— Not later than January 31 of each year through 1999, the Director

of Central Intelligence shall submit to the Select Committee on

Intelligence of the Senate and the Permanent Select Committee

on Intelligence of the House of Representatives a report on the

policies and programs the Director has instituted under subsection

(f) of section 104 of the National Security Act of 1947.

SEC. 808. RESPONSIBILITIES OF SECRETARY OF DEFENSE PERTAINING

TO THE NATIONAL FOREIGN INTELLIGENCE PROGRAM.

Section 105 of the National Security Act of 1947 (50 U.S.C.

403–5) is amended—

(1) in subsection (a), by inserting ‘‘, in consultation with

the Director of Central Intelligence,’’ after ‘‘Secretary of

Defense’’ in the matter preceding paragraph (1); and

(2) by adding at the end the following:

‘‘(d) ANNUAL EVALUATION OF THE DIRECTOR OF CENTRAL INTEL- LIGENCE.—The Director of Central Intelligence, in consultation with

the Secretary of Defense and the Chairman of the Joint Chiefs

of Staff, shall submit each year to the Committee on Foreign Intelligence of the National Security Council and the appropriate

congressional committees (as defined in section 109(c) of this Act)

an evaluation of the performance and the responsiveness of the

National Security Agency, the National Reconnaissance Office, and

the National Imagery and Mapping Agency in meeting their

national missions.’’.

SEC. 809. IMPROVEMENT OF INTELLIGENCE COLLECTION.

(a) ASSISTANT DIRECTOR OF CENTRAL INTELLIGENCE FOR

COLLECTION.—Section 102 of the National Security Act of 1947,

as amended by section 805(a) of this Act, is further amended by

adding at the end the following:

‘‘(f) ASSISTANT DIRECTOR OF CENTRAL INTELLIGENCE FOR

COLLECTION.—(1) To assist the Director of Central Intelligence in

carrying out the Director’s responsibilities under this Act, there

shall be an Assistant Director of Central Intelligence for Collection

who shall be appointed by the President, by and with the advice

and consent of the Senate.

‘‘(2) The Assistant Director for Collection shall assist the

Director of Central Intelligence in carrying out the Director’s collection responsibilities in order to ensure the efficient and effective

collection of national intelligence.’’.

(b) CONSOLIDATION OF HUMAN INTELLIGENCE COLLECTION

ACTIVITIES.—Not later than 90 days after the date of the enactment

of this Act, the Director of Central Intelligence and the Deputy

Secretary of Defense shall jointly submit to the Committee on

Armed Services and the Select Committee on Intelligence of the

Senate and the Committee on National Security and the Permanent

Select Committee on Intelligence of the House of Representatives

a report on the ongoing efforts of those officials to achieve
H. R. 3259—22

commonality, interoperability, and, where practicable, consolidation

of the collection of clandestine intelligence from human sources

conducted by the Defense Human Intelligence Service of the Department of Defense and the Directorate of Operations of the Central

Intelligence Agency.

SEC. 810. IMPROVEMENT OF ANALYSIS AND PRODUCTION OF

INTELLIGENCE.

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

by section 809(a) of this Act, is further amended by adding at

the end the following:

‘‘(g) ASSISTANT DIRECTOR OF CENTRAL INTELLIGENCE FOR

ANALYSIS AND PRODUCTION.—(1) To assist the Director of Central

Intelligence in carrying out the Director’s responsibilities under

this Act, there shall be an Assistant Director of Central Intelligence

for Analysis and Production who shall be appointed by the

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

‘‘(2) The Assistant Director for Analysis and Production shall—

‘‘(A) oversee the analysis and production of intelligence

by the elements of the intelligence community;

‘‘(B) establish standards and priorities relating to such

analysis and production;

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

and production of intelligence in order to identify unnecessary

duplication in the analysis and production of intelligence;

‘‘(D) identify intelligence to be collected for purposes of

the Assistant Director of Central Intelligence for Collection;

and

‘‘(E) provide such additional analysis and production of

intelligence as the President and the National Security Council

may require.’’.

SEC. 811. IMPROVEMENT OF ADMINISTRATION OF INTELLIGENCE

ACTIVITIES.

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

by section 810 of this Act, is further amended by adding at the

end the following:

‘‘(h) ASSISTANT DIRECTOR OF CENTRAL INTELLIGENCE FOR

ADMINISTRATION.—(1) To assist the Director of Central Intelligence

in carrying out the Director’s responsibilities under this Act, there

shall be an Assistant Director of Central Intelligence for Administration who shall be appointed by the President, by and with

the advice and consent of the Senate.

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

such activities relating to the administration of the intelligence

community as the Director of Central Intelligence shall require.’’.

SEC. 812. PAY LEVEL OF DEPUTY DIRECTOR OF CENTRAL

INTELLIGENCE FOR COMMUNITY MANAGEMENT AND

ASSISTANT DIRECTORS OF CENTRAL INTELLIGENCE.

(a) EXECUTIVE SCHEDULE III PAY LEVEL.—Section 5314 of title

5, United States Code, is amended by striking out item the relating

to the Deputy Director of Central Intelligence and inserting in

lieu thereof the following:

‘‘Deputy Directors of Central Intelligence (2).’’.

(b) EXECUTIVE SCHEDULE IV PAY LEVEL.—Section 5315 of

title 5, United States Code, is amended by adding at the end

the following:
H. R. 3259—23

‘‘Assistant Directors of Central Intelligence (3).’’.

SEC. 813. GENERAL COUNSEL OF THE CENTRAL INTELLIGENCE

AGENCY.

(a) IN GENERAL.—The Central Intelligence Agency Act of 1949

(50 U.S.C. 403a et seq.) is amended by adding at the end the

following:

‘‘GENERAL COUNSEL OF THE CENTRAL INTELLIGENCE AGENCY

‘‘SEC. 20. (a) There is a General Counsel of the Central Intelligence Agency, appointed from civilian life by the President, by

and with the advice and consent of the Senate.

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

Intelligence Agency.

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

shall perform such functions as the Director of Central Intelligence

may prescribe.’’.

(b) APPLICABILITY OF APPOINTMENT REQUIREMENTS.—The

requirement established by section 20 of the Central Intelligence

Agency Act of 1949, as added by subsection (a), for the appointment

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

of an individual to the position of General Counsel of the Central

Intelligence Agency shall apply as follows:

(1) To any vacancy in such position that occurs after the

date of the enactment of this Act.

(2) To the incumbent serving in such position on the date

of the enactment of this Act as of the date that is six months

after such date of enactment, if such incumbent has served

in such position continuously between such date of enactment

and the date that is six months after such date of enactment.

(c) EXECUTIVE SCHEDULE IV PAY LEVEL.—Section 5315 of title

5, United States Code, as amended by section 812 of this Act,

is further amended by adding at the end the following:

‘‘General Counsel of the Central Intelligence Agency.’’.

SEC. 814. ASSISTANCE FOR LAW ENFORCEMENT AGENCIES BY

INTELLIGENCE COMMUNITY.

(a) IN GENERAL.—Title I of the National Security Act of 1947

(50 U.S.C. 402 et seq.) is amended by inserting after section 105

the following new section:

‘‘ASSISTANCE TO UNITED STATES LAW ENFORCEMENT AGENCIES

‘‘SEC. 105A. (a) AUTHORITY TO PROVIDE ASSISTANCE.—Subject

to subsection (b), elements of the intelligence community may,

upon the request of a United States law enforcement agency, collect

information outside the United States about individuals who are

not United States persons. Such elements may collect such information notwithstanding that the law enforcement agency intends to

use the information collected for purposes of a law enforcement

investigation or counterintelligence investigation.

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

OF DEFENSE.—(1) With respect to elements within the Department

of Defense, the authority in subsection (a) applies only to the

following:

‘‘(A) The National Security Agency.

‘‘(B) The National Reconnaissance Office.

‘‘(C) The National Imagery and Mapping Agency.
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‘‘(D) The Defense Intelligence Agency.

‘‘(2) Assistance provided under this section by elements of the

Department of Defense may not include the direct participation

of a member of the Army, Navy, Air Force, or Marine Corps in

an arrest or similar activity.

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

an element of the Department of Defense if the provision of such

assistance will adversely affect the military preparedness of the

United States.

‘‘(4) The Secretary of Defense shall prescribe regulations governing the exercise of authority under this section by elements of

the Department of Defense, including regulations relating to the

protection of sources and methods in the exercise of such authority.

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

‘‘(1) The term ‘United States law enforcement agency’

means any department or agency of the Federal Government

that the Attorney General designates as law enforcement

agency for purposes of this section.

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

‘‘(A) A United States citizen.

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

concerned to be a permanent resident alien.

‘‘(C) An unincorporated association substantially

composed of United States citizens or permanent resident

aliens.

‘‘(D) A corporation incorporated in the United States,

except for a corporation directed and controlled by a foreign

government or governments.’’.

(b) CLERICAL AMENDMENT.—The table of contents for that Act

is amended by inserting after the item relating to section 105

the following new item:

‘‘Sec. 105A. Assistance to United States law enforcement agencies.’’.

SEC. 815. APPOINTMENT OF OFFICIALS RESPONSIBLE FOR

INTELLIGENCE-RELATED ACTIVITIES.

(a) IN GENERAL.—Section 106 of the National Security Act

of 1947 (50 U.S.C. 403–6) is amended to read as follows:

‘‘APPOINTMENT OF OFFICIALS RESPONSIBLE FOR INTELLIGENCE- RELATED ACTIVITIES

‘‘SEC. 106. (a) CONCURRENCE OF DCI IN CERTAIN APPOINT- MENTS.—(1) In the event of a vacancy in a position referred to

in paragraph (2), the Secretary of Defense shall obtain the concurrence of the Director of Central Intelligence before recommending

to the President an individual for appointment to the position.

If the Director does not concur in the recommendation, the Secretary

may make the recommendation to the President without the

Director’s concurrence, but shall include in the recommendation

a statement that the Director does not concur in the recommendation.

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

‘‘(A) The Director of the National Security Agency.

‘‘(B) The Director of the National Reconnaissance Office.

‘‘(C) The Director of the National Imagery and Mapping

Agency.

‘‘(b) CONSULTATION WITH DCI IN CERTAIN APPOINTMENTS.—

(1) In the event of a vacancy in a position referred to in paragraph
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(2), the head of the department or agency having jurisdiction over

the position shall consult with the Director of Central Intelligence

before appointing an individual to fill the vacancy or recommending

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

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

‘‘(A) The Director of the Defense Intelligence Agency.

‘‘(B) The Assistant Secretary of State for Intelligence and

Research.

‘‘(C) The Director of the Office of Nonproliferation and

National Security of the Department of Energy.

‘‘(3) In the event of a vacancy in the position of the Assistant

Director, National Security Division of the Federal Bureau of Investigation, the Director of the Federal Bureau of Investigation shall

provide timely notice to the Director of Central Intelligence of

the recommendation of the Director of the Federal Bureau of Investigation of an individual to fill the position in order that the Director

of Central Intelligence may consult with the Director of the Federal

Bureau of Investigation before the Attorney General appoints an

individual to fill the vacancy.’’.

(b) CLERICAL AMENDMENT.—The table of contents for that Act

is amended by striking out the item relating to section 106 and

inserting in lieu thereof the following new item:

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

SEC. 816. STUDY ON THE FUTURE OF INTELLIGENCE COLLECTION.

(a) STUDY.—The Director of Central Intelligence shall, in

consultation with the Deputy Secretary of Defense, conduct a study

on the future of intelligence collection. The study shall address

whether collection resources can be managed in a more consolidated,

integrated manner. The study is not limited to, but should include,

specific examination of the following:

(1) Establishing within the Intelligence Community a single

agency with responsibility for—

(A) the clandestine collection of intelligence through

human sources and other clandestine techniques;

(B) covert action; and

(C) representing the Director of Central Intelligence

in liaison with foreign intelligence and security services.

(2) Establishing a single agency for the conduct of technical

intelligence collection activities, including—

(A) signals intelligence (SIGINT), imagery intelligence

(IMINT), and measurement and signatures intelligence

(MASINT);

(B) first-phase (or initial) exploitation of the results

of such collection;

(C) dissemination of such collection in a timely manner;

(D) development of processing and exploitation technologies to support these functions; and

(E) serving as the sole agent within the Intelligence

Community for—

(i) the specification of technical requirements for

such reconnaissance systems as may be needed to meet

the signals intelligence, imagery intelligence, and

measurement and signatures intelligence collection

requirements of the Intelligence Community; and

(ii) the operation and final disposition of such

systems.
H. R. 3259—26

(3) Establishing a single agency—

(A) to serve as the sole agent within the Intelligence

Community for the conduct of research, development, test,

and evaluation, for procurement, and for launch of satellite

reconnaissance systems that may be required to satisfy

the intelligence collection requirements of the Intelligence

Community; and

(B) to serve as the primary agent within the

Intelligence Community for the conduct of research, development, test, evaluation and for procurement of reconnaissance, surveillance, and sensor systems, including airborne

and maritime reconnaissance capabilities within the

National Foreign Intelligence Program and the Joint Military Intelligence Program.

(b) CRITERIA.—The study under subsection (a) shall—

(1) take into account current and future technological

capabilities and intelligence requirements;

(2) take into account the costs and benefits associated

with establishing each of the agencies described in paragraphs

(1) through (3) of subsection (a) as well as the costs and benefits

of maintaining the current system of distinct ‘‘collection stovepipes’’; and

(3) examine establishing each of the agencies described

in paragraphs (1) through (3) of subsection (a) both on their

individual merits and also with a view toward having such

agencies co-exist as an entire new organizational structure.

(c) REPORT.—Not later than April 15, 1997, the Director of

Central Intelligence shall submit a report on the study to the

following:

(1) The President.

(2) The Secretary of Defense.

(3) The Select Committee on Intelligence and the

Committee on Armed Services of the Senate.

(4) The Permanent Select Committee on Intelligence and

the Committee on National Security of the House of

Representatives.

SEC. 817. INTELLIGENCE RESERVE CORPS.

(a) REPORT ON CORPS.—Not later than four months after the

date of the enactment of this Act, the Director of Central Intelligence shall submit to the appropriate committees of Congress

a report on the Surge Augmentation Program to provide for an

Intelligence Reserve Corps to serve as a surge or augmentation

resource for the Intelligence Community. The report shall include

such recommendations for legislation as the Director considers

appropriate.

(b) APPROPRIATE COMMITTEES DEFINED.—In this section, the

term ‘‘appropriate committees of Congress’’ means the following:

(1) The Committee on Governmental Affairs and the Select

Committee on Intelligence of the Senate.

(2) The Committee on Government Reform and Oversight

and the Permanent Select Committee on Intelligence of the

House of Representatives.
H. R. 3259—27

TITLE IX—FINANCIAL MATTERS

SEC. 901. AUTHORIZATION OF FUNDING PROVIDED BY 1996

SUPPLEMENTAL APPROPRIATIONS ACT.

Amounts obligated or expended for intelligence or intelligencerelated activities based on and otherwise in accordance with the

appropriations provided by the Omnibus Consolidated Rescissions

and Appropriations Act of 1996 (Public Law 104–134), including

any such obligations or expenditures occurring before the enactment

of this Act, shall be deemed to have been specifically authorized

by the Congress for purposes of section 504 of the National Security

Act of 1947 (50 U.S.C. 414) and are hereby ratified and confirmed.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.