II

104TH CONGRESS

2D SESSION S. 1718

[Report No. 104–258]

[Report No. 104–277]

To authorize appropriations for fiscal year 1997 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and for the Central Intelligence Agency Retirement and Disability System, and for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 30, 1996

Mr. SPECTER, from the Select Committee on Intelligence, reported the

following original bill; which was read twice and placed on the calendar

MAY 2, 1996

Referred to the Committee on Armed Services for a thirty-day period provided

in section 3(b) of Senate Resolution 400, Ninety-fourth Congress, except

that if the Committee fails to report the bill within the thirty-day limit,

the Committee shall be automatically discharged from further consideration of the bill in accordance with that section

JUNE 6, 1996

Reported by Mr. THURMOND, with amendments; referred to the Committee on

Governmental Affairs, for a thirty-day period provided in section 3(b) of

Senate Resolution 400, Ninety-fourth Congress, to report or be discharged

[Omit the part struck through and insert the part printed in italic]

A BILL

To authorize appropriations for fiscal year 1997 for intelligence and intelligence-related activities of the United

States Government, the Community Management Ac-
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count, and for the Central Intelligence Agency Retirement and Disability System, and for other purposes.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘Intelligence Authorization Act for Fiscal Year 1997’’.

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

7 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.
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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.

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. Reallocation of responsibilities of Director of Central Intelligence and

Secretary of Defense for intelligence activities under National

Foreign Intelligence Program.

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 Intelligence Community. 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. Intelligence Community Senior Executive Service.

Sec. 718. 717. Requirements for submittal of budget information on intelligence activities.

Sec. 719. 718. Terms of service for members of Select Committee on Intelligence of the Senate.

Sec. 720. 719. Report on intelligence community policy on protecting the national information infrastructure against strategic attacks.

TITLE VIII—NATIONAL IMAGERY AND MAPPING AGENCY

Sec. 801. Establishment.

Sec. 802. Effective date.

Sec. 801. National mission and collection tasking authority for the National Imagery and Mapping Agency.
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1 TITLE I—INTELLIGENCE

2 ACTIVITIES

3 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

4 Funds are hereby authorized to be appropriated for

5 fiscal year 1997 for the conduct of the intelligence and

6 intelligence-related activities of the following elements of

7 the 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.

12 (5) The Department of the Army, the Depart13 ment of the Navy, and the Department of the Air

14 Force.

15 (6) The Department of State.

16 (7) The Department of Treasury.

17 (8) The Department of Energy.

18 (9) The Federal Bureau of Investigation.

19 (10) The Drug Enforcement Administration.

20 (11) The National Reconnaissance Office.

21 (12) The Central Imagery Office.

22 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

23 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

24 CEILINGS.—The amounts authorized to be appropriated

25 under section 101, and the authorized personnel ceilings
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1 as of September 30, 1997, for the conduct of the intel2 ligence and intelligence-related activities of the elements

3 listed in such section, are those specified in the classified

4 Schedule of Authorizations prepared to accompany the

5 conference report on the bill ll of the One Hundred

6 Fourth Congress.

7 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU8 THORIZATIONS.—The Schedule of Authorizations shall be

9 made available to the Committees on Appropriations of

10 the Senate and House of Representatives and to the Presi11 dent. The President shall provide for suitable distribution

12 of the Schedule, or of appropriate portions of the Sched13 ule, within the executive branch.

14 SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

15 (a) AUTHORITY FOR ADJUSTMENTS.—With the ap16 proval of the Director of the Office of Management and

17 Budget, the Director of Central Intelligence may authorize

18 employment of civilian personnel in excess of the number

19 authorized for fiscal year 1997 under section 102 when

20 the Director of Central Intelligence determines that such

21 action is necessary to the performance of important intel22 ligence functions, except that the number of personnel em23 ployed in excess of the number authorized under such sec24 tion may not, for any element of the intelligence commu-
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1 nity, exceed two percent of the number of civilian person2 nel authorized under such section for such element.

3 (b) NOTICE TO INTELLIGENCE COMMITTEES.—The

4 Director of Central Intelligence shall promptly notify the

5 Permanent Select Committee on Intelligence of the House

6 of Representatives and the Select Committee on Intel7 ligence of the Senate whenever he exercises the authority

8 granted by this section.

9 SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

10 (a) AUTHORIZATIONS OF APPROPRIATIONS.—There

11 is authorized to be appropriated for the Community Man12 agement Account of the Director of Central Intelligence

13 for fiscal year 1997 the sum of $95,526,000. Within such

14 amounts authorized, funds identified in the classified

15 Schedule of Authorizations referred to in section 102(a)

16 for the Advanced Research and Development Committee

17 and the Environmental Task Force shall remain available

18 until September 30, 1998.

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

20 the Community Management Account of the Director of

21 Central Intelligence is authorized 265 full-time personnel

22 as of September 30, 1997. Such personnel of the Commu23 nity Management Staff may be permanent employees of

24 the Community Management Staff or personnel detailed

25 from other elements of the United States Government.
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1 (c) REIMBURSEMENT.—During fiscal year 1997, any

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

3 Armed Forces who is detailed to the staff of the Commu4 nity Management Account from another element of the

5 United States Government shall be detailed on a reimburs6 able basis, except that any such officer, employee, or mem7 ber may be detailed on a non-reimbursable basis for a pe8 riod of less than one year for the performance of tem9 porary functions as required by the Director of Central

10 Intelligence.

11 TITLE II—CENTRAL INTEL12 LIGENCE AGENCY RETIRE13 MENT AND DISABILITY SYS14 TEM

15 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

16 There is authorized to be appropriated for the

17 Central Intelligence Agency Retirement and Disability

18 Fund for fiscal year 1997 the sum of $184,200,000.

19 TITLE III—GENERAL

20 PROVISIONS

21 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND

22 BENEFITS AUTHORIZED BY LAW.

23 Appropriations authorized by this Act for salary, pay,

24 retirement, and other benefits for Federal employees may

25 be increased by such additional or supplemental amounts
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1 as may be necessary for increases in such compensation

2 or benefits authorized by law.

3 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE

4 ACTIVITIES.

5 The authorization of appropriations by this Act shall

6 not be deemed to constitute authority for the conduct of

7 any intelligence activity which is not otherwise authorized

8 by the Constitution or the laws of the United States.

9 SEC. 303. POSTPONEMENT OF APPLICABILITY OF SANC10 TIONS LAWS TO INTELLIGENCE ACTIVITIES.

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

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

13 one year after the date of the enactment of this title’’ and

14 inserting ‘‘January 6, 1998’’.

15 SEC. 304. POST-EMPLOYMENT RESTRICTIONS.

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

17 date of enactment of this Act, the Director of Central In18 telligence shall prescribe regulations requiring each new

19 and current employee of the Central Intelligence Agency

20 to sign a written agreement restricting the activities of

21 that employee upon ceasing employment with the Central

22 Intelligence Agency.

23 (b) AGREEMENT ELEMENTS.—The regulations shall

24 provide that an agreement contain provisions specifying

25 that the employee concerned not represent or advise the
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1 government, or any political party, of a foreign country

2 during the five-year period beginning on the termination

3 of the employee’s employment with the Central Intel4 ligence Agency.

5 (c) DISCIPLINARY ACTIONS.—The regulations shall

6 specify appropriate disciplinary actions (including loss of

7 retirement benefits) to be taken against any employee de8 termined by the Director of Central Intelligence to have

9 violated the agreement of the employee under this section.

10 SEC. 305. EXECUTIVE BRANCH OVERSIGHT OF BUDGETS OF

11 ELEMENTS OF THE INTELLIGENCE COMMU12 NITY.

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

14 of the enactment of this Act, the President shall submit

15 to the congressional intelligence committees a report set16 ting forth the actions that have been taken to ensure ade17 quate oversight by the executive branch of the budget of

18 the National Reconnaissance Office and the budgets of

19 other elements of the intelligence community within the

20 Department of Defense.

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

22 subsection (a) shall—

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

24 the intelligence community carrying out programs

25 and activities in the National Foreign Intelligence
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1 Program are subject to requirements imposed on

2 other elements and components of the Department

3 of Defense under the Chief Financial Officers Act of

4 1990 (Public Law 101–576), and the amendments

5 made by that Act, and the Federal Financial Man6 agement Act of 1994 (title IV of Public Law 103–

7 356), and the amendments made by that Act;

8 (2) describe the extent to which such elements

9 submit to the Office of Management and Budget

10 budget justification materials and execution reports

11 similar to the budget justification materials and exe12 cution reports submitted to the Office of Manage13 ment and Budget by the non-intelligence components

14 of the Department of Defense;

15 (3) describe the extent to which the National

16 Reconnaissance Office submits to the Office of Man17 agement and Budget, the Community Management

18 Staff, and the Office of the Secretary of Defense—

19 (A) complete information on the cost,

20 schedule, performance, and requirements for

21 any new major acquisition before initiating the

22 acquisition;

23 (B) yearly reports (including baseline cost

24 and schedule information) on major acquisi25 tions;
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1 (C) planned and actual expenditures in

2 connection with major acquisitions; and

3 (D) variances from any cost baselines for

4 major acquisitions (including explanations of

5 such variances); and

6 (4) assess the extent to which the National Re7 connaissance Office has submitted to Office of Man8 agement and Budget, the Community Management

9 Staff, and the Office of the Secretary of Defense on

10 a monthly basis a detailed budget execution report

11 similar to the budget execution report prepared for

12 Department of Defense programs.

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

14 (1) The term ‘‘congressional intelligence com15 mittees’’ shall mean the Select Committee on Intel16 ligence of the Senate and the Permanent Select

17 Committee on Intelligence of the House of Rep18 resentatives.

19 (2) The term ‘‘National Foreign Intelligence

20 Program’’ has the meaning given such term in sec21 tion 3(6) of the National Security Act of 1947 (50

22 U.S.C. 401a(6)).
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1 TITLE IV—FEDERAL BUREAU OF

2 INVESTIGATION

3 SEC. 401. ACCESS TO TELEPHONE RECORDS.

4 (a) ACCESS FOR COUNTERINTELLIGENCE PUR5 POSES.—Section 2709(b)(1) of title 18, United States

6 Code, is amended by inserting ‘‘local and long distance’’

7 before ‘‘toll billing records’’.

8 (b) CONFORMING AMENDMENT.—Section

9 2703(c)(1)(C) of such title is amended by inserting ‘‘local

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

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

12 amended—

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

14 and inserting ‘‘other person’’;

15 (2) in subsection (c), by adding at the end the

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

17 the court may assess punitive damages. In the case

18 of a successful action to enforce liability under this

19 section, the court may assess the costs of the action,

20 together with reasonable attorney fees determined by

21 the court.’’;

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

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

24 (4) by inserting after subsection (c) the follow25 ing new subsection (d):
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1 ‘‘(d) DISCIPLINARY ACTIONS FOR VIOLATIONS.—If a

2 court determines that any agency or department of the

3 United States has violated this chapter and the court finds

4 that the circumstances surrounding the violation raise the

5 question whether or not an officer or employee of the

6 agency or department acted willfully or intentionally with

7 respect to the violation, the agency or department con8 cerned shall promptly initiate a proceeding to determine

9 whether or not disciplinary action is warranted against the

10 officer or employee.’’.

11 TITLE V—ECONOMIC

12 ESPIONAGE

13 SEC. 501. SHORT TITLE.

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

15 Act of 1996’’.

16 SEC. 502. PREVENTION OF ECONOMIC ESPIONAGE AND

17 PROTECTION OF PROPRIETARY ECONOMIC

18 INFORMATION.

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

20 Code, is amended by inserting after chapter 27 the follow21 ing new chapter:

22 ‘‘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.
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‘‘577. Preservation of confidentiality.

‘‘578. Law enforcement and intelligence activities.

1 ‘‘§ 571. Definitions

2 ‘‘For purposes of this chapter, the following defini3 tions shall apply:

4 ‘‘(1) FOREIGN AGENT.—The term ‘foreign

5 agent’ means any officer, employee, proxy, servant,

6 delegate, or representative of a foreign nation or

7 government.

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

9 ‘foreign instrumentality’ means any agency, bureau,

10 ministry, component, institution, association, or any

11 legal, commercial, or business organization, corpora12 tion, firm, or entity that is substantially owned, con13 trolled, sponsored, commanded, managed, or domi14 nated by a foreign government or any political sub15 division, instrumentality, or other authority thereof.

16 ‘‘(3) OWNER.—The term ‘owner’ means the

17 person or persons in whom, or the United States

18 Government component, department, or agency in

19 which, rightful legal, beneficial, or equitable title to,

20 or license in, proprietary economic information is re21 posed.

22 ‘‘(4) PROPRIETARY ECONOMIC INFORMATION.—

23 The term ‘proprietary economic information’ means

24 all forms and types of financial, business, scientific,
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1 technical, economic, or engineering information (in2 cluding data, plans, tools, mechanisms, compounds,

3 formulas, designs, prototypes, processes, procedures,

4 programs, codes, or commercial strategies, whether

5 tangible or intangible, and whether stored, compiled,

6 or memorialized physically, electronically, graphi7 cally, photographically, or in writing), if—

8 ‘‘(A) the owner thereof has taken reason9 able measures to keep such information con10 fidential; and

11 ‘‘(B) the information derives independent

12 economic value, actual or potential, from not

13 being generally known to, and not being readily

14 ascertainable through proper means by, the

15 public.

16 ‘‘(5) UNITED STATES PERSON.—The term

17 ‘United States person’ means—

18 ‘‘(A) in the case of a natural person, a citi19 zen of the United States or a permanent resi20 dent alien of the United States; and

21 ‘‘(B) in the case of an organization (as

22 that term is defined in section 18 of this title),

23 an entity substantially owned or controlled by

24 citizens of the United States or permanent resi-
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1 dent aliens of the United States, or incor2 porated in the United States.

3 ‘‘§ 572. Economic espionage

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

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

6 or with the intent to benefit, any foreign nation, govern7 ment, instrumentality, or agent, knowingly—

8 ‘‘(1) steals, wrongfully appropriates, takes, car9 ries away, or conceals, or by fraud, artifice, or de10 ception obtains proprietary economic information;

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

12 draws, photographs, downloads, uploads, alters, de13 stroys, photocopies, replicates, transmits, delivers,

14 sends, mails, communicates, or conveys proprietary

15 economic information;

16 ‘‘(3) being entrusted with, or having lawful pos17 session or control of, or access to, proprietary eco18 nomic information, wrongfully copies, duplicates,

19 sketches, draws, photographs, downloads, uploads,

20 alters, destroys, photocopies, replicates, transmits,

21 delivers, sends, mails, communicates, or conveys the

22 same;

23 ‘‘(4) receives, buys, or possesses proprietary

24 economic information, knowing the same to have
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1 been stolen or wrongfully appropriated, obtained, or

2 converted;

3 ‘‘(5) attempts to commit any offense described

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

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

6 offense described in any of paragraphs (1) through

7 (4); or

8 ‘‘(7) conspires with one or more other persons

9 to commit any offense described in any of para10 graphs (1) through (4), and one or more of such

11 persons do any act to effect the object of the con12 spiracy,

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

14 more than $500,000 or imprisoned not more than 25

15 years, or both.

16 ‘‘(b) ORGANIZATIONS.—Any organization that com17 mits any offense described in subsection (a) shall be fined

18 not more than $10,000,000.

19 ‘‘(c) EXCEPTION.—It shall not be a violation of this

20 section to disclose proprietary economic information in the

21 case of—

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

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

24 executive agency that are deemed essential to report25 ing a violation of United States law.
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1 ‘‘§ 573. Criminal forfeiture

2 ‘‘(a) IN GENERAL.—Notwithstanding any provision

3 of State law to the contrary, any person convicted of a

4 violation under this chapter shall forfeit to the United

5 States—

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

7 any proceeds the person obtained, directly or indi8 rectly, as the result of such violation; and

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

10 intended to be used, in any manner or part, to com11 mit or facilitate the commission of such violation.

12 ‘‘(b) COURT ACTION.—The court, in imposing sen13 tence on such person, shall order, in addition to any other

14 sentence imposed pursuant to this chapter, that the person

15 forfeit to the United States all property described in this

16 section.

17 ‘‘(c) APPLICABILITY OF OTHER LAW.—Property sub18 ject to forfeiture under this section, any seizure and dis19 position thereof, and any administrative or judicial pro20 ceeding in relation thereto, shall be governed by the provi21 sions of section 413 of the Comprehensive Drug Abuse

22 Prevention and Control Act of 1970 (21 U.S.C. 853),

23 other than subsection (d) of that section.

24 ‘‘§ 574. Import and export sanctions

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

26 may, to the extent consistent with international agree-
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1 ments to which the United States is a party, prohibit, for

2 a period of not longer than 5 years, the importation into,

3 or exportation from, the United States, whether by car4 riage of tangible items or by transmission, any merchan5 dise produced, made, assembled, or manufactured by a

6 person convicted of any offense described in section 572

7 of this title, or in the case of an organization convicted

8 of any offense described in such section, its successor en9 tity or entities.

10 ‘‘(b) ACTION BY THE SECRETARY OF THE TREAS11 URY.—

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

13 Treasury may impose on any person who knowingly

14 violates any order of the President issued under the

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

16 more than 5 times the value of the exports or im17 ports involved, or $100,000, whichever is greater.

18 ‘‘(2) SEIZURE AND FORFEITURE.—Any mer19 chandise imported or exported in violation of an

20 order of the President issued under this section shall

21 be subject to seizure and forfeiture in accordance

22 with sections 602 through 619 of the Tariff Act of

23 1930.

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

25 The provisions of law relating to seizure, summary
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1 and judicial forfeiture, and condemnation of prop2 erty for violation of the United States customs laws,

3 the disposition of such property or the proceeds from

4 the sale thereof, the remission or mitigation of such

5 forfeiture, and the compromise of claims, shall apply

6 to seizures and forfeitures incurred, or alleged to

7 have been incurred under this section to the extent

8 that they are applicable and not inconsistent with

9 the provisions of this chapter.

10 ‘‘§ 575. Scope of extraterritorial jurisdiction

11 ‘‘This chapter applies—

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

13 States; and

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

15 States if—

16 ‘‘(A) the offender is a United States per17 son; or

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

19 was committed in the United States.

20 ‘‘§ 576. Construction with other laws

21 ‘‘This chapter shall not be construed to preempt or

22 displace any other remedies, whether civil or criminal, pro23 vided by Federal, State, commonwealth, possession, or ter24 ritorial laws that are applicable to the misappropriation

25 of proprietary economic information.
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1 ‘‘§ 577. Preservation of confidentiality

2 ‘‘In any prosecution or other proceeding under this

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

4 other action as may be necessary and appropriate to pre5 serve the confidentiality of proprietary economic informa6 tion, consistent with the requirements of the Federal

7 Rules of Criminal Procedure, the Federal Rules of Civil

8 Procedure, the Federal Rules of Evidence, and all other

9 applicable laws. An interlocutory appeal by the United

10 States shall lie from a decision or order of a district court

11 authorizing or directing the disclosure of proprietary eco12 nomic information.

13 ‘‘§ 578. Law enforcement and intelligence activities

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

15 any lawful activity conducted by a law enforcement or reg16 ulatory agency of the United States, a State, or a political

17 subdivision of a State, or an intelligence agency of the

18 United States.’’.

19 (b) CLERICAL AMENDMENT.—The table of chapters

20 at the beginning of part I of title 18, United States Code,

21 is amended by inserting after the item relating to chapter

22 27 the following new item:

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

23 (c) CONFORMING AMENDMENT.—Section 2516(1)(a)

24 of title 18, United States Code, is amended by inserting
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1 ‘‘chapter 28 (relating to economic espionage),’’ after ‘‘or

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

3 TITLE VI—COMBATTING

4 PROLIFERATION

5 SEC. 601. SHORT TITLE.

6 This title may be cited as the ‘‘Combatting Prolifera7 tion of Weapons of Mass Destruction Act of 1996’’.

8 Subtitle A—Assessment of Organi9 zation and Structure of Govern10 ment for Combatting Prolifera11 tion

12 SEC. 611. ESTABLISHMENT OF COMMISSION.

13 (a) ESTABLISHMENT.—There is established a com14 mission to be known as the Commission to Assess the Or15 ganization of the Federal Government to Combat the Pro16 liferation of Weapons of Mass Destruction (in this subtitle

17 referred to as the ‘‘Commission’’).

18 (b) MEMBERSHIP.—The Commission shall be com19 posed of eight members of whom—

20 (1) four shall be appointed by the President;

21 (2) one shall be appointed by the Majority

22 Leader of the Senate;

23 (3) one shall be appointed by the Minority

24 Leader of the Senate;
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1 (4) one shall be appointed by the Speaker of

2 the House of Representatives; and

3 (5) one shall be appointed by the Minority

4 Leader of the House of Representatives.

5 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem6 bers shall be appointed for the life of the Commission. Any

7 vacancy in the Commission shall not affect its powers, but

8 shall be filled in the same manner as the original appoint9 ment.

10 (d) INITIAL MEETING.—No later than 30 days after

11 the date on which all members of the Commission have

12 been appointed, the Commission shall hold its first meet13 ing.

14 (e) QUORUM.—A majority of the members of the

15 Commission shall constitute a quorum, but a lesser num16 ber of members may hold hearings.

17 (f) CHAIRMAN AND VICE CHAIRMAN.—The Commis18 sion shall select a Chairman and Vice Chairman from

19 among its members.

20 (g) MEETINGS.—The Commission shall meet at the

21 call of the Chairman.

22 SEC. 612. DUTIES OF COMMISSION.

23 (a) STUDY.—

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

25 out a thorough study of the organization of the Fed-
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1 eral Government, including the elements of the intel2 ligence community, with respect to combatting the

3 proliferation of weapons of mass destruction.

4 (2) SPECIFIC REQUIREMENTS.—In carrying out

5 the study, the Commission shall—

6 (A) assess the current structure and orga7 nization of the departments and agencies of the

8 Federal Government having responsibilities for

9 combatting the proliferation of weapons of mass

10 destruction; and

11 (B) assess the effectiveness of the coopera12 tion between elements of the intelligence com13 munity and the intelligence-gathering services

14 of foreign governments in addressing issues re15 lating to the proliferation of such weapons.

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

17 the Commission shall develop recommendations on means

18 of improving the effectiveness of the organization of the

19 departments and agencies of the Federal Government in

20 meeting the national security interests of the United

21 States with respect to the proliferation of weapons of mass

22 destruction. Such recommendations shall include specific

23 recommendations to eliminate duplications of effort, and

24 other inefficiencies, in and among such departments and

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

2 date of the enactment of this Act, the Commission shall

3 submit to Congress a report containing a detailed state4 ment of the findings and conclusions of the Commission,

5 together with its recommendations for such legislation and

6 administrative actions as it considers appropriate.

7 SEC. 613. POWERS OF COMMISSION.

8 (a) HEARINGS.—The Commission may hold such

9 hearings, sit and act at such times and places, take such

10 testimony, and receive such evidence as the Commission

11 considers advisable to carry out the purposes of this sub12 title.

13 (b) INFORMATION FROM FEDERAL AGENCIES.—

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

15 directly from any Federal department or agency

16 such information as the Commission considers nec17 essary to carry out the provisions of this subtitle.

18 Upon request of the Chairman of the Commission,

19 the head of such department or agency shall furnish

20 such information to the Commission.

21 (2) CLASSIFIED INFORMATION.—A department

22 or agency may furnish the Commission classified in23 formation under this subsection. The Commission

24 shall take appropriate actions to safeguard classified
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1 information furnished to the Commission under this

2 paragraph.

3 (c) POSTAL SERVICES.—The Commission may use

4 the United States mails in the same manner and under

5 the same conditions as other departments and agencies of

6 the Federal Government.

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

8 dispose of gifts or donations of services or property.

9 SEC. 614. COMMISSION PERSONNEL MATTERS.

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

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

12 Federal Government shall be compensated at a rate equal

13 to the daily equivalent of the annual rate of basic pay pre14 scribed for level IV of the Executive Schedule under sec15 tion 5315 of title 5, United States Code, for each day (in16 cluding travel time) during which such member is engaged

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

18 members of the Commission who are officers or employees

19 of the United States shall serve without compensation in

20 addition to that received for their services as officers or

21 employees of the United States.

22 (b) TRAVEL EXPENSES.—The members of the Com23 mission shall be allowed travel expenses, including per

24 diem in lieu of subsistence, at rates authorized for employ25 ees of agencies under subchapter I of chapter 57 of title
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1 5, United States Code, while away from their homes or

2 regular places of business in the performance of services

3 for the Commission.

4 (c) STAFF.—

5 (1) IN GENERAL.—The Chairman of the Com6 mission may, without regard to the civil service laws

7 and regulations, appoint and terminate an executive

8 director and such other additional personnel as may

9 be necessary to enable the Commission to perform

10 its duties. The employment of an executive director

11 shall be subject to confirmation by the Commission.

12 (2) COMPENSATION.—The Chairman of the

13 Commission may fix the compensation of the execu14 tive director and other personnel without regard to

15 the provisions of chapter 51 and subchapter III of

16 chapter 53 of title 5, United States Code, relating

17 to classification of positions and General Schedule

18 pay rates, except that the rate of pay for the execu19 tive director and other personnel may not exceed the

20 rate payable for level V of the Executive Schedule

21 under section 5316 of such title.

22 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Any

23 Federal Government employee may be detailed to the

24 Commission without reimbursement, and such detail shall
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1 be without interruption or loss of civil service status or

2 privilege.

3 (e) PROCUREMENT OF TEMPORARY AND INTERMIT4 TENT SERVICES.—The Chairman of the Commission may

5 procure temporary and intermittent services under section

6 3109(b) of title 5, United States Code, at rates for individ7 uals which do not exceed the daily equivalent of the annual

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

9 Schedule under section 5316 of such title.

10 SEC. 615. TERMINATION OF COMMISSION.

11 The Commission shall terminate 60 days after the

12 date on which the Commission submits its report under

13 section 612(c).

14 SEC. 616. DEFINITION.

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

16 community’’ shall have the meaning given such term in

17 section 3(4) of the National Security Act of 1947 (50

18 U.S.C. 401a(4)).

19 SEC. 617. AUTHORIZATION OF APPROPRIATIONS.

20 (a) IN GENERAL.—There are authorized to be appro21 priated for the Commission for fiscal year 1997 such sums

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

23 duties under this subtitle.

24 (b) AVAILABILITY.—Amounts appropriated pursuant

25 to the authorization of appropriations in subsection (a)
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1 shall remain available for expenditure until the termi2 nation of the Commission under section 615.

3 Subtitle B—Other Matters

4 SEC. 621. REPORTS ON ACQUISITION OF TECHNOLOGY RE5 LATING TO WEAPONS OF MASS DESTRUCTION

6 AND ADVANCED CONVENTIONAL MUNITIONS.

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

8 date of the enactment of this Act, and every 6 months

9 thereafter, the Director of Central Intelligence shall sub10 mit to Congress a report on—

11 (1) the acquisition by foreign countries during

12 the preceding 6 months of dual-use and other tech13 nology useful for the development or production of

14 weapons of mass destruction (including nuclear

15 weapons, chemical weapons, and biological weapons)

16 and advanced conventional munitions; and

17 (2) trends in the acquisition of such technology

18 by such countries.

19 (b) FORM OF REPORTS.—The reports submitted

20 under subsection (a) shall be submitted in unclassified

21 form, but may include a classified annex.
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1 TITLE VII—RENEWAL AND RE2 FORM OF INTELLIGENCE AC3 TIVITIES

4 SEC. 701. SHORT TITLE.

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

6 Renewal and Reform Act of 1996’’.

7 SEC. 702. COMMITTEE ON FOREIGN INTELLIGENCE.

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

9 U.S.C. 402) is amended—

10 (1) by redesignating subsection (h) as sub11 section (j); and

12 (2) by inserting after subsection (g) the follow13 ing new subsection (h):

14 ‘‘(h)(1) There is established within the National Se15 curity Council a committee to be known as the ‘Committee

16 on Foreign Intelligence’.

17 ‘‘(2) The Committee shall be composed of the follow18 ing:

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

20 ‘‘(B) The Secretary of State.

21 ‘‘(C) The Secretary of Defense.

22 ‘‘(D) The Assistant to the President for Na23 tional Security Affairs, who shall serve as the chair24 person of the Committee.
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1 ‘‘(E) Such other members as the President may

2 designate.

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

4 the Council in its activities by—

5 ‘‘(A) identifying the intelligence required to ad6 dress the national security interests of the United

7 States as specified by the President;

8 ‘‘(B) establishing priorities (including funding

9 priorities) among the programs, projects, and activi10 ties that address such interests and requirements;

11 and

12 ‘‘(C) establishing policies relating to the con13 duct of intelligence activities of the United States,

14 including appropriate roles and missions for the ele15 ments of the intelligence community and appropriate

16 targets of intelligence collection activities.

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

18 shall—

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

20 security interests of the United States;

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

22 other times as the Council may require, the intel23 ligence required to meet such interests and establish

24 an order of priority for the collection and analysis of

25 such intelligence; and
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1 ‘‘(C) conduct an annual review of the elements

2 of the intelligence community in order to determine

3 the success of such elements in collecting, analyzing,

4 and disseminating the intelligence identified under

5 subparagraph (B).

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

7 Council and to the Director of Central Intelligence a com8 prehensive report on its activities during the preceding

9 year, including its activities under paragraphs (3) and

10 (4).’’.

11 SEC. 703. ANNUAL REPORTS ON INTELLIGENCE.

12 (a) IN GENERAL.—Section 109 of the National Secu13 rity Act of 1947 (50 U.S.C. 404d) is amended by striking

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

15 the following new subsections:

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

17 January 31 each year, the President shall submit to the

18 appropriate congressional committees a report on the re19 quirements of the United States for intelligence and the

20 activities of the intelligence community.

21 ‘‘(2) The purpose of the report is to facilitate an as22 sessment of the activities of the intelligence community

23 during the preceding fiscal year and to assist in the devel24 opment of a mission and a budget for the intelligence com-
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1 munity for the fiscal year beginning in the year in which

2 the report is submitted.

3 ‘‘(3) The report shall be submitted in unclassified

4 form, but may include a classified annex.

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

6 subsection (a) shall—

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

8 the national security interests of the United States,

9 and set forth an order of priority for the collection

10 and analysis of intelligence required to meet such in11 terests, for the fiscal year beginning in the year in

12 which the report is submitted; and

13 ‘‘(B) evaluate the performance of the intel14 ligence community in collecting and analyzing intel15 ligence required to meet such interests during the

16 fiscal year ending in the year preceding the year in

17 which the report is submitted, including a descrip18 tion of the significant successes and significant fail19 ures of the intelligence community in such collection

20 and analysis during that fiscal year.

21 ‘‘(2) The report shall specify matters under para22 graph (1)(A) in sufficient detail to assist Congress in mak23 ing decisions with respect to the allocation of resources

24 for the matters specified.
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1 ‘‘(c) DEFINITION.—In this section, the term ‘appro2 priate congressional committees’ means the following:

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

4 Committee on Appropriations, and the Committee on

5 Armed Services of the Senate.

6 ‘‘(2) The Permanent Select Committee on Intel7 ligence, the Committee on Appropriations, and the

8 Committee on National Security of the House of

9 Representatives.’’.

10 (b) CONFORMING AMENDMENTS.—(1) The section

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

12 ‘‘ANNUAL REPORT ON INTELLIGENCE’’.

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

14 Act is amended by striking the item relating to section

15 109 and inserting the following new item:

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

16 SEC. 704. TRANSNATIONAL THREATS.

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

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

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

20 subsection:

21 ‘‘(i)(1) There is established within the National Secu22 rity Council a committee to be known as the ‘Committee

23 on Transnational Threats’.

24 ‘‘(2) The Committee shall include the following mem25 bers:
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1 ‘‘(A) The Director of Central Intelligence.

2 ‘‘(B) The Secretary of State.

3 ‘‘(C) The Secretary of Defense.

4 ‘‘(D) The Attorney General.

5 ‘‘(E) The Assistant to the President for Na6 tional Security Affairs, who shall serve as the chair7 person of the Committee.

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

9 designate.

10 ‘‘(3) The function of the Committee shall be to co11 ordinate and direct the activities of the United States Gov12 ernment relating to combatting transnational threats.

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

14 shall—

15 ‘‘(A) identify transnational threats;

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

17 States Government to respond to transnational

18 threats identified under subparagraph (A);

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

20 ‘‘(D) make recommendations as to appropriate

21 responses to specific transnational threats;

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

23 policy differences among Federal departments and

24 agencies in their responses to transnational threats;
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1 ‘‘(F) develop policies and procedures to ensure

2 the effective sharing of information about

3 transnational threats among Federal departments

4 and agencies, including law enforcement agencies

5 and the elements of the intelligence community; and

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

7 the coordination of activities of Federal law enforce8 ment agencies and elements of the intelligence com9 munity outside the United States with respect to

10 transnational threats.

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

12 ‘transnational threat’ means the following:

13 ‘‘(A) Any transnational activity (including inter14 national terrorism, narcotics trafficking, the pro15 liferation of weapons of mass destruction and the de16 livery systems for such weapons, and organized

17 crime) that threatens the national security of the

18 United States.

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

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

21 SEC. 705. OFFICE OF THE DIRECTOR OF CENTRAL INTEL22 LIGENCE.

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

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

25 (1) in section 102 (50 U.S.C. 403)—
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1 (A) by striking the section heading and all

2 that follows through paragraph (1) of sub3 section (a) and inserting the following:

4 ‘‘OFFICE OF THE DIRECTOR OF CENTRAL INTELLIGENCE

5 ‘‘SEC. 102.’’;

6 (B) by redesignating paragraph (2) of sub7 section (a) as subsection (a) and in such sub8 section (a), as so redesignated, by redesignating

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

10 (1), (2), and (3), respectively; and

11 (C) by striking subsection (d) and insert12 ing the following:

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

14 Intelligence. The function of the Office is to assist the Di15 rector of Central Intelligence in carrying out the duties

16 and responsibilities of the Director under this Act and to

17 carry out such other duties as may be prescribed by law.

18 ‘‘(2) The Office of the Director of Central Intel19 ligence is composed of the following:

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

21 ‘‘(B) The Deputy Director of Central Intel22 ligence.

23 ‘‘(C) The National Intelligence Council.

24 ‘‘(D) The Assistant Director of Central Intel25 ligence for Collection.
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1 ‘‘(E) The Assistant Director of Central Intel2 ligence for Analysis and Production.

3 ‘‘(F) The Assistant Director of Central Intel4 ligence for Administration.

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

6 established by law or the Director of Central Intel7 ligence may establish or designate in the Office.

8 ‘‘(3) To assist the Director in fulfilling the respon9 sibilities of the Director as head of the intelligence commu10 nity, the Director shall employ and utilize in the Office

11 of the Director of Central Intelligence a professional staff

12 having an expertise in matters relating to such responsibil13 ities and may establish permanent positions and appro14 priate rates of pay with respect to that staff.’’; and

15 (2) by inserting after section 102, as so amend16 ed, the following new section:

17 ‘‘CENTRAL INTELLIGENCE AGENCY

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

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

20 of Central Intelligence in carrying out the responsibilities

21 referred to in paragraphs (1) through (4) of section

22 103(d) of this Act.’’.

23 (b) CLERICAL AMENDMENT.—The table of contents

24 in the first section of that Act is amended by striking the

25 item relating to section 102 and inserting the following

26 new items:
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‘‘Sec. 102. Office of the Director of Central Intelligence.

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

1 SEC. 706. NATIONAL INTELLIGENCE COUNCIL.

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

3 (50 U.S.C. 403–3(b)) is amended—

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

5 contractors of the Council or employees of such con6 tractors,’’ after ‘‘on the Council’’;

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

8 paragraphs (5) and (6), respectively;

9 (3) by inserting after paragraph (3) the follow10 ing new paragraph (4):

11 ‘‘(4) Subject to the direction and control of the Direc12 tor of Central Intelligence, the Center may carry out its

13 responsibilities under this subsection by contract, includ14 ing contracts for substantive experts necessary to assist

15 the Center with particular assessments under this sub16 section.’’; and

17 (4) in paragraph (5), as so redesignated, by

18 adding at the end the following: ‘‘The Center shall

19 also be readily accessible to policymaking officials

20 and other appropriate individuals not otherwise asso21 ciated with the intelligence community.’’.
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1 SEC. 707. ENHANCEMENT OF AUTHORITY OF DIRECTOR OF

2 CENTRAL INTELLIGENCE TO MANAGE BUDG3 ET, PERSONNEL, AND ACTIVITIES OF INTEL4 LIGENCE COMMUNITY.

5 (a) IN GENERAL.—Section 103(c) of the National Se6 curity Act of 1947 (50 U.S.C. 403–3(c)) is amended—

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

8 following new paragraph (1):

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

10 budget for intelligence and intelligence-related activi11 ties of the United States by—

12 ‘‘(A) developing and presenting to the

13 President an annual budget for the National

14 Foreign Intelligence Program; and

15 ‘‘(B) concurring in the development by the

16 Secretary of Defense of the annual budget for

17 the Joint Military Intelligence Program; and

18 ‘‘(C) consulting with the Secretary of De19 fense in the development of the annual budget

20 for the Tactical Intelligence and Related Activi21 ties program;’’;

22 ‘‘(B) participating in the development by

23 the Secretary of Defense of the annual budgets

24 for the Joint Military Intelligence Program and

25 the Tactical Intelligence and Related Activities

26 Program;’’;
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1 (2) by redesignating paragraphs (3) through

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

3 (3) by inserting after paragraph (2) the follow4 ing new paragraph (3):

5 ‘‘(3) manage the national collection activities of

6 the intelligence community in order to ensure that

7 such activities, and the intelligence collected through

8 such activities, meet the national security require9 ments of the United States;’’.

10 ‘‘(3) approve collection requirements, determine

11 collection priorities, and resolve conflicts in collection

12 priorities levied on national collection assets, except

13 as otherwise agreed with the Secretary of Defense pur14 suant to the direction of the President;’’.

15 (b) USE OF FUNDS.—

16 (1) REPROGRAMMING.—Subsection (c) of such

17 section is amended by inserting ‘‘or under the Joint

18 Military Intelligence Program’’ after ‘‘the National

19 Foreign Intelligence Program’’.

20 (2) TRANSFERS.—Subsection (d)(2)(E) of such

21 section is amended by striking ‘‘does not object to’’

22 and inserting ‘‘is consulted by the Director before’’.

23 (3) DIRECTION OF EXPENDITURES.—Such sec24 tion is further amended—
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1 (A) by redesignating subsections (e), (f),

2 and (g) as subsections (f), (g), and (h), respec3 tively; and

4 (B) by inserting after subsection (d) the

5 following new subsection (e):

6 ‘‘(e) USE OF FUNDS.—The Director of Central Intel7 ligence shall, with the approval of the Director of the Of8 fice of Management and Budget and subject to applicable

9 provisions of law (including provisions of authorization

10 Acts and appropriations Acts), direct and oversee the allo11 cation, allotment, obligation, and expenditure of funds ap12 propriated or otherwise made available for the national in13 telligence programs, projects, and activities that are man14 aged by the Director of the Central Intelligence Agency,

15 the Director of the National Security Agency, the Director

16 of the National Reconnaissance Office, and the Director

17 of the National Imagery and Mapping Agency.’’.

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 (c) PERSONNEL, TRAINING, AND ADMINISTRATIVE

14 ACTIVITIES.—Subsection (g) of such section, as redesig15 nating by subsection (b)(3)(A) of this section, is amend16 ed—

17 (1) by striking ‘‘USE OF PERSONNEL.—’’ and

18 inserting ‘‘PERSONNEL, TRAINING, AND ADMINIS19 TRATIVE FUNCTIONS.—’’;

20 (2) in the matter preceding paragraph (1)—

21 (A) by striking ‘‘in coordination with’’ and

22 inserting ‘‘after consultation with’’; and

23 (B) by inserting ‘‘national elements of’’

24 after ‘‘policies and programs within’’; and
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1 (3) in paragraph (2), by striking ‘‘personnel,’’

2 and all that follows through ‘‘programs’’ and insert3 ing ‘‘personnel programs, administrative programs,

4 training programs, and security programs and man5 agement activities’’.

6 SEC. 708. REALLOCATION OF RESPONSIBILITIES OF DIREC7 TOR OF CENTRAL INTELLIGENCE AND SEC8 RETARY OF DEFENSE FOR INTELLIGENCE AC9 TIVITIES UNDER NATIONAL FOREIGN INTEL10 LIGENCE PROGRAM.

11 (a) CONSULTATION OF SECRETARY OF DEFENSE

12 WITH DCI REGARDING GENERAL RESPONSIBILITIES.—

13 Subsection (a) of section 105 of the National Security Act

14 of 1947 (50 U.S.C. 405–5) is amended—

15 (1) in the matter preceding paragraph (1), by

16 inserting ‘‘, in consultation with the Director of

17 Central Intelligence,’’ after ‘‘Secretary of Defense’’;

18 and

19 (2) in paragraph (2), by striking ‘‘appropriate’’.

20 (b) JOINT RESPONSIBILITY OF DCI AND SECRETARY

21 OF DEFENSE FOR PERFORMANCE OF CERTAIN SPECIFIC

22 FUNCTIONS.—Subsection (b) of that section is amended—

23 (1) by striking ‘‘RESPONSIBILITY’’ and insert24 ing ‘‘JOINT RESPONSIBILITY OF THE DCI AND THE

25 SECRETARY OF DEFENSE’’;
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1 (2) in the matter preceding paragraph (1), by

2 striking ‘‘Consistent with sections 103 and 104 of

3 this Act,’’ and inserting ‘‘The Director of Central

4 Intelligence and’’;

5 (3) in paragraph (2)—

6 (A) by striking ‘‘within the Department of

7 Defense’’; and

8 (B) by adding ‘‘and’’ after the semicolon

9 at the end; and

10 (4) by striking the semicolon at the end of

11 paragraph (3) and inserting a period.

12 (c) RESPONSIBILITY OF SECRETARY OF DEFENSE

13 FOR PERFORMANCE OF OTHER SPECIFIC FUNCTIONS.—

14 Such section is further amended—

15 (1) by redesignating subsection (c) as sub16 section (d);

17 (2) by inserting after paragraph (3) of sub18 section (b) the following:

19 ‘‘(c) RESPONSIBILITY OF SECRETARY OF DEFENSE

20 FOR THE PERFORMANCE OF SPECIFIC FUNCTIONS.—Con21 sistent with section 103 and 104 of this Act, the Secretary

22 of Defense, in consultation with the Director of Central

23 Intelligence, shall—’’;

24 (3) by redesignating paragraphs (4), (5), and

25 (6) as paragraphs (1), (2), and (3), respectively, of
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1 subsection (c), as added by paragraph (2) of this

2 subsection; and

3 (4) in paragraph (2), as redesignated by para4 graph (3) of this subsection, by inserting ‘‘(other

5 than clandestine collection)’’ before ‘‘human intel6 ligence activities’’.

7 (d) CONFORMING AMENDMENTS.—(1) The section

8 heading of that section is amended to read as follows:

9 ‘‘RESPONSIBILITIES OF SECRETARY OF DEFENSE AND DI10 RECTOR OF CENTRAL INTELLIGENCE PERTAINING

11 TO NATIONAL FOREIGN INTELLIGENCE PROGRAM’’.

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

13 Act is amended by striking the item relating to section

14 105 and inserting the following new item:

‘‘Sec. 105. Responsibilities of Secretary of Defense and Director of Central Intelligence pertaining to National Foreign Intelligence Program.’’.

15 SEC. 708. RESPONSIBILITIES OF SECRETARY OF DEFENSE

16 PERTAINING TO THE NATIONAL FOREIGN IN17 TELLIGENCE PROGRAM.

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

19 U.S.C. 403–5) is amended—

20 (1) in subsection (a), by inserting ‘‘, in consulta21 tion with the Director of Central Intelligence,’’ after

22 ‘‘Secretary of Defense’’ in the matter preceding para23 graph (1); and

24 (2) by adding at the end the following:
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1 ‘‘(d) ANNUAL EVALUATION OF THE DIRECTOR OF

2 CENTRAL INTELLIGENCE.—The Director of Central Intel3 ligence, in consultation with the Secretary of Defense and

4 the Chairman of the Joint Chiefs of Staff, shall submit each

5 year to the Committee on Foreign Intelligence of the Na6 tional Security Council and the appropriate congressional

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

8 the performance and the responsiveness of the National Se9 curity Agency, the National Reconnaissance Office, and the

10 National Imagery and Mapping Agency in meeting their

11 national missions.’’.

12 SEC. 709. IMPROVEMENT OF INTELLIGENCE COLLECTION.

13 (a) ASSISTANT DIRECTOR OF CENTRAL INTEL14 LIGENCE FOR COLLECTION.—Section 102 of the National

15 Security Act of 1947, as amended by section 705(a)(1)

16 of this Act, is amended by adding at the end the following:

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

18 in carrying out the Director’s responsibilities under this

19 Act, there shall be an Assistant Director of Central Intel20 ligence for Collection, who shall be appointed by the Presi21 dent, by and with the advice and consent of the Senate.

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

23 nor the Deputy Director of Central Intelligence is a com24 missioned officer of the Armed Forces at the time of the

25 nomination of an individual to the position of Assistant
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1 Director of Central Intelligence for Collection, the Presi2 dent shall nominate an individual for that position from

3 among the commissioned officers of the Armed Forces who

4 have substantial experience in managing intelligence ac5 tivities.

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

7 to any commissioned officer of the Armed Forces while

8 serving in the position of Assistant Director for Collection.

9 ‘‘(3) The Assistant Director for Collection shall man10 age the collection of national intelligence by the intel11 ligence community in order to ensure the efficient and ef12 fective collection of national intelligence that is identified

13 for collection by the Assistant Director of Central Intel14 ligence for Analysis and Production. Production.’’.

15 ‘‘(4) In carrying out the responsibility set forth in

16 paragraph (3), the Assistant Director for Collection

17 shall—

18 ‘‘(A) provide guidance and direction for, and

19 concur in, the procurement and operation of systems

20 necessary for the collection of national intelligence;

21 and

22 ‘‘(B) assist the Director of Central Intelligence

23 in the formulation of plans and budgets for national

24 intelligence collection activities.’’.
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1 (b) CONSOLIDATION OF HUMAN INTELLIGENCE COL2 LECTION ACTIVITIES.—Not later than 90 days after the

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

4 Intelligence shall enter into an agreement with the Sec5 retary of Defense to transfer from the Secretary to the

6 Director the responsibilities and authorities of the Sec7 retary for the collection of clandestine intelligence from

8 human sources currently conducted by the Defense

9 Human Intelligence Service within the Department of De10 fense and the Deputy Secretary of Defense shall jointly sub11 mit to the Committee on Armed Services and the Select

12 Committee on Intelligence of the Senate and the National

13 Security Committee and Permanent Select Committee on

14 Intelligence of the House of Representatives a report on the

15 ongoing efforts of those officials to achieve commonality,

16 interoperability, and, where practicable, consolidation of

17 the collection of clandestine intelligence from human sources

18 conducted by the Defense Human Intelligence Service of the

19 Department of Defense and the Directorate of Operations

20 of the Central Intelligence Agency.

21 SEC. 710. IMPROVEMENT OF ANALYSIS AND PRODUCTION

22 OF INTELLIGENCE.

23 Section 102 of the National Security Act of 1947,

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

25 amended by adding at the end the following:
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1 ‘‘(f)(1) To assist the Director of Central Intelligence

2 in carrying out the Director’s responsibilities under this

3 Act, there shall be an Assistant Director of Central Intel4 ligence for Analysis and Production, who shall be ap5 pointed by the President, by and with the advice and con6 sent of the Senate.

7 ‘‘(2) The Assistant Director for Analysis and Produc8 tion shall—

9 ‘‘(A) oversee the analysis and production of in10 telligence by the elements of the intelligence commu11 nity;

12 ‘‘(B) establish standards and priorities relating

13 to such analysis and production;

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

15 analysis and production of intelligence in order to

16 identify unnecessary duplication in the analysis and

17 production of intelligence;

18 ‘‘(D) identify intelligence to be collected for

19 purposes of the Assistant Director of Central Intel20 ligence for Collection; and

21 ‘‘(E) provide such additional analysis and pro22 duction of intelligence as the President and the Na23 tional Security Council may require.’’.
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1 SEC. 711. IMPROVEMENT OF ADMINISTRATION OF INTEL2 LIGENCE ACTIVITIES.

3 Section 102 of the National Security Act of 1947,

4 as amended by section 710 of this Act, is further amended

5 by adding at the end the following:

6 ‘‘(g)(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 Administration, who shall be appointed by the

10 President, by and with the advice and consent of the Sen11 ate.

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

13 manage such activities relating to the administration of

14 the intelligence community as the Director of Central In15 telligence shall require, including management of civilian

16 personnel (including recruitment, security investigations,

17 processing, and training of such personnel), information

18 systems, telecommunications systems, finance and ac19 counting services, and security services, and procurement

20 of supplies and support services.’’.

21 SEC. 712. PAY LEVEL OF ASSISTANT DIRECTORS OF

22 CENTRAL INTELLIGENCE.

23 Section 5315 of title 5, United States Code, is

24 amended by adding at the end the following:

25 ‘‘Assistant Directors of Central Intelligence

26 (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.)

5 is 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

9 Central Intelligence Agency, appointed from civilian life

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

11 the Senate.

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

13 of the Central Intelligence Agency.

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

15 Agency shall perform such functions as the Director of

16 Central Intelligence may prescribe.’’.

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

18 5315 of title 5, United States Code, as amended by section

19 712 of this Act, is further amended by adding at the end

20 the following:

21 ‘‘General Counsel of the Central Intelligence

22 Agency.’’.
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1 SEC. 714. OFFICE OF CONGRESSIONAL AFFAIRS OF THE IN2 TELLIGENCE COMMUNITY. THE DIRECTOR OF

3 CENTRAL INTELLIGENCE.

4 Section 102 of the National Security Act of 1947,

5 as amended by section 711 of this Act, is further amended

6 by adding at the end the following:

7 ‘‘(h)(1) There is hereby established the Office of Con8 gressional Affairs of the Intelligence Community. the Di9 rector of Central Intelligence.

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

11 of the Office of Congressional Affairs of the Intelligence

12 Community. the Director of Central Intelligence.

13 ‘‘(B) The Director of Central Intelligence may des14 ignate the Director of the Office of Congressional Affairs

15 of the Central Intelligence Agency to serve as the Director

16 of the Office of Congressional Affairs of the Intelligence

17 Community. the Director of Central Intelligence.

18 ‘‘(3) The Director shall coordinate the congressional

19 affairs activities of the elements of the intelligence commu20 nity and have such additional responsibilities as the Direc21 tor of Central Intelligence may prescribe.

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

23 preclude the elements of the intelligence community from

24 responding directly to requests from Congress.’’.
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1 SEC. 715. ASSISTANCE FOR LAW ENFORCEMENT AGENCIES

2 BY INTELLIGENCE COMMUNITY.

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

4 Act of 1947 (50 U.S.C. 402 et seq.) is amended by insert5 ing after section 105 the following new section:

6 ‘‘ASSISTANCE TO UNITED STATES LAW ENFORCEMENT

7 AGENCIES

8 ‘‘SEC. 105A. (a) AUTHORITY TO PROVIDE ASSIST9 ANCE.—Notwithstanding any other provision of law Sub10 ject to subsection (b), elements of the intelligence commu11 nity may, upon the request of a United States law enforce12 ment agency, collect information outside the United States

13 about individuals who are not United States persons. Such

14 elements may collect such information notwithstanding

15 that the law enforcement agency intends to use the infor16 mation collected for purposes of a law enforcement inves17 tigation or counterintelligence investigation.

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

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

20 within the Department of Defense, the authority in sub21 section (a) applies only to the National Security Agency,

22 the National Reconnaissance Office, and the National Im23 agery and Mapping Agency.

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

25 of the Department of Defense may not include the direct
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1 participation of a member of the Army, Navy, Air Force,

2 or Marine Corps in an arrest or similar activity.

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

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

5 of such assistance will adversely affect the military pre6 paredness of the United States.

7 ‘‘(4) The Secretary of Defense shall prescribe regula8 tions governing the exercise of authority under this section

9 by elements of the Department of Defense, including regula10 tions relating to the protection of sources and methods in

11 the exercise of such authority.

12 ‘‘(b) (c) DEFINITIONS.—For purposes of subsection

13 (a):

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

15 agency’ means any department or agency of the

16 Federal Government that the Attorney General des17 ignates as law enforcement agency for purposes of

18 this section.

19 ‘‘(2) The term ‘United States person’ means

20 the following:

21 ‘‘(A) A United States citizen.

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

23 agency concerned to be a permanent resident

24 alien.
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1 ‘‘(C) An unincorporated association sub2 stantially composed of United States citizens or

3 permanent resident aliens.

4 ‘‘(D) A corporation incorporated in the

5 United States, except for a corporation directed

6 and controlled by a foreign government or gov7 ernments.’’.

8 (b) CLERICAL AMENDMENT.—The table of contents

9 in the first section of that Act is amended by inserting

10 after the item relating to section 105 the following new

11 item:

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

12 SEC. 716. APPOINTMENT AND EVALUATION OF OFFICIALS

13 RESPONSIBLE FOR INTELLIGENCE-RELATED

14 ACTIVITIES.

15 (a) IN GENERAL.—Section 106 of the National Secu16 rity Act of 1947 (50 U.S.C. 403–6) is amended to read

17 as follows:

18 ‘‘APPOINTMENT AND EVALUATION OF OFFICIALS

19 RESPONSIBLE FOR INTELLIGENCE-RELATED ACTIVITIES

20 ‘‘SEC. 106. (a) CONCURRENCE OF DCI IN CERTAIN

21 APPOINTMENTS.—(1) In the event of a vacancy in a posi22 tion referred to in paragraph (2), the Secretary of Defense

23 shall obtain the concurrence of the Director of Central In24 telligence before appointing an individual to fill the va25 cancy. recommending to the President an individual for ap-
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1 pointment to the position. If the Director does not concur

2 in the recommendation, the Secretary may make the rec3 ommendation to the President without the Director’s con4 currence, but shall include in the recommendation a state5 ment that the Director does not concur in the recommenda6 tion.

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

8 ‘‘(A) The Director of the National Security

9 Agency.

10 ‘‘(B) The Director of the National Reconnais11 sance Office.

12 ‘‘(b) CONSULTATION WITH DCI IN CERTAIN AP13 POINTMENTS.—(1) In the event of a vacancy in a position

14 referred to in paragraph (2), the head of the department

15 or agency having jurisdiction over the position shall con16 sult with the Director of Central Intelligence before ap17 pointing an individual to fill the vacancy or recommending

18 to the President an individual to be nominated to fill the

19 vacancy.

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

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

22 Agency.

23 ‘‘(B) The Assistant Secretary of State for Intel24 ligence and Research.
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1 ‘‘(C) The Director of the Office of Non2 proliferation and National Security of the Depart3 ment of Energy.

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

5 Division of the Federal Bureau of Investigation. In6 vestigation.’’.

7 ‘‘(c) PERFORMANCE EVALUATIONS.—The Director of

8 Central Intelligence shall provide annually to the Sec9 retary of Defense an evaluation of the performance of the

10 individuals holding the positions referred to in subpara11 graphs (A) and (B) of subsection (a)(2), and of the indi12 vidual holding the position of Director of the National Im13 agery and Mapping Agency, in fulfilling their respective

14 responsibilities with regard to the National Foreign Intel15 ligence Program.’’.

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

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

18 item relating to section 106 and inserting in lieu thereof

19 the following new item:

‘‘Sec. 106. Appointment and evaluation of officials responsible for intelligencerelated activities.’’.

20 SEC. 717. INTELLIGENCE COMMUNITY SENIOR EXECUTIVE

21 SERVICE.

22 (a) IN GENERAL.—(1) Title I of the National Secu23 rity Act of 1947 (50 U.S.C. 402 et seq.) is amended by

24 adding at the end the following:
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1 ‘‘INTELLIGENCE COMMUNITY SENIOR EXECUTIVE

2 SERVICE

3 ‘‘SEC. 110. (a) ESTABLISHMENT.—(1) The Director

4 of Central Intelligence shall by regulation establish a per5 sonnel system for senior civilian personnel within the intel6 ligence community to be known as the Intelligence Com7 munity Senior Executive Service.

8 ‘‘(2) The Intelligence Community Senior Executive

9 Service shall include personnel within the following agen10 cies:

11 ‘‘(A) The Central Intelligence Agency.

12 ‘‘(B) The National Security Agency.

13 ‘‘(C) The Defense Intelligence Agency.

14 ‘‘(D) The National Imagery and Mapping

15 Agency.

16 ‘‘(E) The National Reconnaissance Office.

17 ‘‘(F) Any other office of the Department of De18 fense the civilian employees of which are subject to

19 section 1590 of title 10, United States Code, as of

20 the effective date of the regulations prescribed under

21 this section.

22 ‘‘(3) The Director of Central Intelligence shall pre23 scribe the regulations required under this section in con24 sultation with the Department of Defense.
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1 ‘‘(b) REQUIREMENTS.—The regulations prescribed

2 under this section shall, to the extent not inconsistent with

3 the authorities of the Director of Central Intelligence—

4 ‘‘(1) meet the requirements set forth in section

5 3131 of title 5, United States Code, for the Senior

6 Executive Service;

7 ‘‘(2) provide rates of pay for the Intelligence

8 Community Senior Executive Service that are not in

9 excess of the maximum rate or less than the mini10 mum rate of basic pay established for the Senior Ex11 ecutive Service under section 5382 of title 5, United

12 States Code, and that are adjusted at the same time

13 and to the same extent as rates of basic pay for the

14 Senior Executive Service are adjusted;

15 ‘‘(3) provide a performance appraisal system for

16 the Intelligence Community Senior Executive Service

17 that conforms to the provisions of subchapter II of

18 chapter 43 of title 5, United States Code;

19 ‘‘(4) provide for—

20 ‘‘(A) removal or suspension from the Intel21 ligence Community Senior Executive Service;

22 ‘‘(B) reduction-in-force procedures;

23 ‘‘(C) procedures in accordance with which

24 any furlough affecting the Intelligence Commu-
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1 nity Senior Executive Service shall be carried

2 out;

3 ‘‘(D) procedures setting forth due process

4 rights to which members of the Intelligence

5 Community Senior Executive Service are enti6 tled in cases of removal or suspension; and

7 ‘‘(E) procedures for periodic recertifi8 cation;

9 ‘‘(5) permit the payment of performance awards

10 to members of the Intelligence Community Senior

11 Executive Service; and

12 ‘‘(6) provide that members of the Intelligence

13 Community Senior Executive Service may be grant14 ed sabbatical leaves.

15 ‘‘(c) LIMITATIONS.—(1) Except as provided in sub16 section (b), the Director of Central Intelligence—

17 ‘‘(A) may make applicable to the Intelligence

18 Community Senior Executive Service any of the pro19 visions of title 5, United States Code, applicable to

20 applicants for or members of the Senior Executive

21 Service; and

22 ‘‘(B) shall delegate to the heads of the agencies

23 referred to in subparagraphs (B) through (E) of

24 subsection (a)(2) the authority to appoint, promote,

25 and assign individuals to Intelligence Community
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1 Senior Executive Service positions within their re2 spective agencies without regard to the provisions of

3 title 5, United States Code, governing appointments

4 and other personnel actions in the competitive serv5 ice, provided that such actions shall be subject to

6 the approval of the Director of Central Intelligence

7 in accordance with the regulations prescribed under

8 this section.

9 ‘‘(2) Members of the Intelligence Community Senior

10 Executive Service shall be subject to the limitations of sec11 tion 5307 of title 5, United States Code.

12 ‘‘(3) Notwithstanding any other provision of title 5,

13 United States Code, any individual who is a member of

14 the Senior Executive Service or an equivalent personnel

15 system at the Central Intelligence Agency or at an agency

16 referred to in subparagraphs (B) through (E) of sub17 section (a)(2) at the time of the effective date of the regu18 lations prescribed under this section shall be a member

19 of the Intelligence Community Senior Executive Service.

20 ‘‘(4) Upon the establishment of the Intelligence Com21 munity Senior Executive Service under this section, no in22 dividual may be selected for membership in the service un23 less such individual has served at least one assignment

24 outside his or her employing agency. An assignment to the

25 Office of the Director of Central Intelligence shall be
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1 treated as an assignment outside an individual’s employ2 ing agency (including an individual employed by the

3 Central Intelligence Agency) for purposes of this subpara4 graph.

5 ‘‘(d) AWARD OF RANKS TO MEMBERS OF SERVICE.—

6 The President, based upon the recommendations of the

7 Director of Central Intelligence, may award ranks to mem8 bers of the Intelligence Community Senior Executive Serv9 ice in a manner consistent with section 4507 of title 5,

10 United States Code.

11 ‘‘(e) DETAIL AND ASSIGNMENT OF MEMBERS.—(1)

12 Notwithstanding any other provision of law, the Director

13 of Central Intelligence—

14 ‘‘(A) may, after consultation with the head of

15 the agency affected, detail or assign any member of

16 the Intelligence Community Senior Executive Service

17 to serve in any position in the intelligence commu18 nity; or

19 ‘‘(B) may, with the concurrence of the head of

20 the agency affected, detail or assign any member of

21 the service to serve in any position in another Gov22 ernment agency or outside the Federal Government.

23 ‘‘(2) A member of the Intelligence Community Senior

24 Executive Service may be detailed or assigned under para-
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1 graph (1) only if such detail or assignment is for the bene2 fit of the intelligence community.

3 ‘‘(3) A member shall not by reason of such detail or

4 assignment lose any entitlement or status associated with

5 membership in the Intelligence Community Senior Execu6 tive Service.

7 ‘‘(f) ANNUAL REPORT.—The Director of Central In8 telligence shall submit to Congress each year, at the time

9 the budget is submitted by the President for the next fiscal

10 year, a report on the Intelligence Community Senior Exec11 utive Service. The report shall include, in the aggregate

12 and by agency—

13 ‘‘(1) the number of Intelligence Community

14 Senior Executive Service positions established as of

15 the end of the preceding fiscal year;

16 ‘‘(2) the number of individuals being paid at

17 each rate of basic pay for the Intelligence Commu18 nity Senior Executive Service as of the end of the

19 preceding fiscal year;

20 ‘‘(3) the number, distribution, and amount of

21 awards paid to members of the Intelligence Commu22 nity Senior Executive Service during the preceding

23 fiscal year; and
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1 ‘‘(4) the number of individuals removed from

2 the Intelligence Community Senior Executive Service

3 during the preceding fiscal year—

4 ‘‘(A) for less than fully successful perform5 ance;

6 ‘‘(B) due to a reduction in force; or

7 ‘‘(C) for any other reason.’’.

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

9 Act is amended by inserting after the item relating to sec10 tion 109 the following new item:

‘‘Sec. 110. Intelligence Community Senior Executive Service.’’.

11 (b) EFFECTIVE DATE OF REGULATIONS.—The regu12 lations prescribed under section 110(a) of the National Se13 curity Act of 1947, as added by subsection (a)(1), shall

14 take effect one year after the date of the enactment of

15 this Act.

16 (c) CONFORMING AMENDMENTS.—(1) Section 12 of

17 the National Security Agency Act of 1959 (50 U.S.C. 402

18 note) is amended—

19 (A) by striking out subsections (a) and (c); and

20 (B) by striking out ‘‘(b)’’.

21 (2)(A) Sections 1601 and 1603 of title 10, United

22 States Code, are repealed.

23 (B) The table of sections at the beginning of chapter

24 83 of such title is amended by striking out the items relat25 ing to sections 1601 and 1603.
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1 (3) Section 1590 of title 10, United States Code, is

2 amended—

3 (A) in subsection (a)(1)—

4 (i) by striking out ‘‘, including positions in

5 the Senior Executive Service,’’; and

6 (ii) by striking out ‘‘, except that’’ and all

7 that follows through the semicolon and insert8 ing in lieu thereof a semicolon;

9 (B) in subsection (b)—

10 (i) in the third sentence, by striking out

11 ‘‘Except in the case’’ and all that follows

12 through ‘‘no civilian’’ and inserting in lieu

13 thereof ‘‘No civilian’’; and

14 (ii) by striking out the second sentence;

15 and

16 (C) by striking out subsections (f) and (g).

17 (4) Section 1604(b) of title 10, United States Code,

18 is amended in the second sentence by striking out ‘‘Except

19 in the case’’ and all that follows through ‘‘no officer’’ and

20 inserting in lieu thereof ‘‘No officer’’.

21 (5)(A) Section 2108 of title 5, United States Code,

22 is amended in the flush matter following paragraph (3)

23 by striking ‘‘the Defense Intelligence Senior Executive

24 Service, the Senior Cryptologic Executive Service’’ and in-
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1 serting ‘‘the Intelligence Community Senior Executive

2 Service’’.

3 (B) Section 6304(f)(1) of such title is amended—

4 (i) by striking subparagraphs (C) and (D) and

5 inserting the following new subparagraph (C):

6 ‘‘(C) the Intelligence Community Senior Execu7 tive Service; or’’; and

8 (ii) by redesignating subparagraph (E) as sub9 paragraph (D).

10 (C) Title 5, United States Code, is further amended

11 by striking ‘‘the Defense Intelligence Senior Executive

12 Service or the Senior Cryptologic Executive Service’’ and

13 inserting ‘‘the Intelligence Community Senior Executive

14 Service’’ in each of the following provisions:

15 (i) Section 8336(h)(2).

16 (ii) Section 8414(a)(2).

17 (6) The amendments made by this subsection shall

18 take effect one year after the date of the enactment of

19 this Act.

20 SEC. 718. 717. REQUIREMENTS FOR SUBMITTAL OF BUDGET

21 INFORMATION ON INTELLIGENCE ACTIVI22 TIES.

23 (a) SUBMITTAL WITH ANNUAL BUDGET.—Notwith24 standing any other provision of law, the President shall

25 include in each budget for a fiscal year submitted under
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1 section 1105 of title 31, United States Code, the following

2 information:

3 (1) The aggregate amount appropriated during

4 the current fiscal year on all intelligence and intel5 ligence-related activities of the United States Gov6 ernment.

7 (2) The aggregate amount requested in such

8 budget for the fiscal year covered by the budget for

9 all intelligence and intelligence-related activities of

10 the United States Government.

11 (b) FORM OF SUBMITTAL.—The President shall sub12 mit the information required under subsection (a) in un13 classified form.

14 SEC. 719. 718. TERMS OF SERVICE FOR MEMBERS OF SE15 LECT COMMITTEE ON INTELLIGENCE OF THE

16 SENATE.

17 (a) INDEFINITE TERMS OF SERVICE.—Section 2(b)

18 of Senate Resolution 400 of the Ninety-fourth Congress

19 (adopted May 19, 1976) is amended by striking the first

20 sentence.

21 (b) LIMIT ON TERM OF CHAIRMAN AND VICE CHAIR22 MAN.—Section 2(c) of that resolution is amended by add23 ing at the end the following new sentence: ‘‘No Member

24 shall serve as chairman or vice chairman of the select com25 mittee for more than six years of continuous service.’’.
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1 (c) EFFECTIVE DATE.—The amendments made by

2 subsections (a) and (b) shall take effect with the com3 mencement of the One Hundred Fifth Congress.

4 (d) RULES OF THE SENATE.—The amendments

5 made by subsections (a) and (b) are enacted as an exercise

6 of the rulemaking power of the Senate with full recogni7 tion of the constitutional right of the Senate to change

8 rules at any time, in the same manner, and to the same

9 extent, as in the case of any other rule of the Senate.

10 SEC. 720. 719. REPORT ON INTELLIGENCE COMMUNITY POL11 ICY ON PROTECTING THE NATIONAL INFOR12 MATION INFRASTRUCTURE AGAINST STRATE13 GIC ATTACKS.

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

15 the date of the enactment of this Act, the Director of

16 Central Intelligence shall submit to Congress a report set17 ting forth—

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

19 United States on protecting the national information

20 infrastructure against information warfare and other

21 non-traditional attacks; and

22 (B) the counterintelligence response of the Di23 rector.

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

25 of the intelligence community to provide intelligence sup-
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1 port for the indications, warning, and assessment func2 tions of the intelligence community with respect to infor3 mation warfare and other non-traditional attacks by for4 eign nations, groups, or individuals against the national

5 information infrastructure.

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

7 (1) The term ‘‘national information infrastruc8 ture’’ includes the information infrastructure of the

9 public or private sector.

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

11 meaning given that term in section 3(4) of the Na12 tional Security Act of 1947 (50 U.S.C. 401a(4)).

13 TITLE VIII—NATIONAL IMAGERY

14 AND MAPPING AGENCY

15 SEC. 801. ESTABLISHMENT.

16 (a) ESTABLISHMENT.—(1) Title I of the National Se17 curity Act of 1947 (50 U.S.C. 402 et seq.), as amended

18 by section 717 of this Act, is further amended by adding

19 at the end the following:

20 ‘‘NATIONAL IMAGERY AND MAPPING AGENCY

21 ‘‘SEC. 120. (a) ESTABLISHMENT AND DUTIES.—

22 ‘‘(1) ESTABLISHMENT AND MISSION.—There is

23 hereby established a National Imagery and Mapping

24 Agency which shall provide timely, relevant, and ac25 curate imagery, imagery intelligence, and imagery26 related products and geospatial information in sup-
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1 port of the national security objectives of the United

2 States. It shall also have a navigational mission as

3 specified in section 2791 of title 10, United States

4 Code.

5 ‘‘(2) MISSION OF THE NATIONAL IMAGERY AND

6 MAPPING AGENCY.—The National Imagery and

7 Mapping Agency shall have a national mission to

8 support the imagery requirements of the Depart9 ment of State and other non-Department of Defense

10 agencies, as well as a mission to support the combat

11 and other operational requirements of the Depart12 ment of Defense. The Director of Central Intel13 ligence shall establish requirements and priorities to

14 govern the collection of national intelligence of na15 tional importance by the National Imagery and Map16 ping Agency.

17 ‘‘(3) DIRECTOR.—The President shall appoint

18 the Director of the National Imagery and Mapping

19 Agency. The Secretary of Defense shall, with the

20 concurrence of the Director of Central Intelligence,

21 recommend an individual to the President for such

22 appointment. If the Secretary identifies a commis23 sioned officer of the Armed Forces to serve as Direc24 tor, he shall recommend that individual to the Presi25 dent for appointment to hold the grade of lieutenant
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1 general or, in the case of an officer of the Navy, vice

2 admiral, while serving in such position. A commis3 sioned officer appointed by the President under this

4 paragraph shall not be counted against the numbers

5 and percentages of commissioned officers of the rank

6 and grade of such officer for the Armed Force of

7 which such officer is a member.

8 ‘‘(4) DEPUTY DIRECTOR.—There shall be a

9 Deputy Director to assist the Director. The Deputy

10 may be appointed from among the commissioned of11 ficers of the Armed Forces, or from civilian life, but

12 at no time shall both the Director and the Deputy

13 Director positions be simultaneously occupied by

14 commissioned officers of the Armed Forces, whether

15 in active or retired status.

16 ‘‘(b) CENTRAL INTELLIGENCE AGENCY SUPPORT

17 FOR NATIONAL IMAGERY AND MAPPING AGENCY.—

18 ‘‘(1) ADMINISTRATIVE AND CONTRACTING

19 SERVICES.—Notwithstanding any other provision of

20 law, the Central Intelligence Agency may, under

21 terms and conditions agreed to by the Secretary of

22 Defense and the Director of Central Intelligence,

23 provide administrative and contracting services (in24 cluding the services of security police notwithstand25 ing any limitations on the jurisdiction of such per-
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1 sonnel contained in section 15 of the Central Intel2 ligence Agency Act of 1949), and detail personnel

3 indefinitely to the National Imagery and Mapping

4 Agency, in furtherance of the national intelligence

5 effort.

6 ‘‘(2) TRANSFER AND ACCEPTANCE.—The Na7 tional Imagery and Mapping Agency will transfer

8 funds to the Central Intelligence Agency for the pur9 poses of producing imagery and imagery-related

10 products of national importance, and the Central In11 telligence Agency may accept a transfer of funds

12 from the National Imagery and Mapping Agency,

13 and the Central Intelligence Agency may expend

14 such funds pursuant to the Central Intelligence

15 Agency Act of 1949 to carry out the purposes of

16 paragraph (1).

17 ‘‘(c) FUNDS FOR FOREIGN IMAGERY INTELLIGENCE

18 AND GEOSPATIAL INFORMATION SUPPORT.—The Director

19 of the National Imagery and Mapping Agency may use

20 appropriated funds available to the National Imagery and

21 Mapping Agency to provide foreign countries imagery in22 telligence and geospatial information support, except that

23 such arrangements shall be coordinated with the Director

24 of the Central Intelligence when they involve imagery in-
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1 telligence or intelligence products, or any support to an

2 intelligence or security service of a foreign country.

3 ‘‘(d) FUNDS FOR CIVIL APPLICATIONS.—The Direc4 tor of the National Imagery and Mapping Agency may use

5 appropriated funds available to the National Imagery and

6 Mapping Agency to support and encourage civilian use of

7 imagery intelligence and geospatial information support

8 provided by the National Imagery and Mapping Agency.

9 ‘‘(e) DEFINITIONS.—In this section:

10 ‘‘(1) The term ‘geospatial information’ means

11 information that identifies the geographic location

12 and characteristics of natural or constructed fea13 tures and boundaries on the earth, including statis14 tical data, information derived from, among other

15 things, remote sensing, mapping, and surveying

16 technologies, and, for purposes of this section, the

17 term includes mapping, charting and geodetic data,

18 including geodetic products as that term is used in

19 chapter 167 of title 10, United States Code.

20 ‘‘(2) The term ‘imagery’ means a likeness or

21 presentation of any natural or man-made feature or

22 related object or activities and the positional data

23 acquired at the same time the likeness or represen24 tation was acquired (including products produced by

25 space-based national intelligence reconnaissance sys-
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1 tems), in accordance with Executive Order No.

2 12591, as well as likenesses or presentations pro3 duced by satellites, airborne platforms, unmanned

4 aerial vehicles, or other similar means (except that

5 handheld or clandestine photography taken by or on

6 behalf of human intelligence collection organizations

7 is excluded)).

8 ‘‘(3) The term ‘imagery intelligence’ means the

9 technical, geographic, and intelligence information

10 derived through the interpretation or analysis of im11 agery and collateral materials.’’.

12 (2) The table of contents in the first section of the

13 National Security Act of 1947, as so amended, is further

14 amended by inserting after the item relating to section

15 110 the following new item:

‘‘Sec. 120. National Imagery and Mapping Agency.’’.

16 SEC. 802. EFFECTIVE DATE.

17 The amendments made by this title shall take effect

18 on the later of—

19 (1) the date of the enactment of an Act appro20 priating funds for the National Imagery and Map21 ping Agency for fiscal year 1997; or

22 (2) October 1, 1996.
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•S 1718 RS

1 SEC. 801. NATIONAL MISSION AND COLLECTION TASKING

2 AUTHORITY FOR THE NATIONAL IMAGERY

3 AND MAPPING AGENCY.

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

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

6 at the end the following:

7 ‘‘NATIONAL MISSION AND COLLECTION TASKING AUTHORITY

8 FOR THE NATIONAL IMAGERY AND MAPPING AGENCY

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

10 Imagery and Mapping Agency shall have a national mis11 sion to support the imagery requirements of the Department

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

13 and agencies of the Federal Government. The Director of

14 Central Intelligence shall establish requirements and prior15 ities to govern the collection of national intelligence by the

16 National Imagery and Mapping Agency. The Secretary of

17 Defense and the Director of Central Intelligence, in con18 sultation with the Chairman of the Joint Chiefs of Staff,

19 shall jointly identify deficiencies in the capabilities of the

20 National Imagery and Mapping Agency to accomplish as21 signed national missions and shall jointly develop policies

22 and programs to review and correct such deficiencies.

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

24 as otherwise agreed by the Director of Central Intelligence

25 and the Secretary of Defense pursuant to direction provided

26 by the President, the Director of Central Intelligence has
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•S 1718 RS

1 the authority to approve collection requirements, determine

2 collection priorities, and resolve conflicts in collection prior3 ities levied on national imagery collection assets.’’.

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

5 Act is amended by inserting after the item relating to sec6 tion 109 the following new item:

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

7 (b) EFFECTIVE DATE.—The amendments made by sub8 section (a) shall take effect on the later of—

9 (1) the date of the enactment of the National De10 fense Authorization Act for Fiscal Year 1997; or

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

Æ