Calendar No. 388

104TH CONGRESS

2D SESSION S. 1718

[Report No. 104–258]

A BILL

To authorize appropriations for fiscal year 1997 for

tem, and for other purposes.ligence Agency Retirement and Disability SysManagement Account, and for the Central Intelthe United States Government, the Communityintelligence and intelligence-related activities of

APRIL 30, 1996

Read twice and placed on the calendar
II

Calendar No. 388

104TH CONGRESS

2D SESSION S. 1718

[Report No. 104–258]

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

A BILL

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.

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

2 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.

Sec. 102. Classified schedule of authorizations.

Sec. 103. Personnel ceiling adjustments.

Sec. 104. Community Management Account.

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

TITLE III—GENERAL PROVISIONS

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

Sec. 302. Restriction on conduct of intelligence activities.

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

Sec. 304. Post-employment restrictions.

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

community.

TITLE IV—FEDERAL BUREAU OF INVESTIGATION

Sec. 401. Access to telephone records.

TITLE V—ECONOMIC ESPIONAGE

Sec. 501. Short title.

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

TITLE VI—COMBATTING PROLIFERATION

Sec. 601. Short title.

Subtitle A—Assessment of Organization and Structure of Government for

Combatting Proliferation

Sec. 611. Establishment of commission.

Sec. 612. Duties of commission.

Sec. 613. Powers of commission.

Sec. 614. Commission personnel matters.

Sec. 615. Termination of commission.

Sec. 616. Definition.

Sec. 617. Authorization of appropriations.

Subtitle B—Other Matters

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

ACTIVITIES

Sec. 701. Short title.

Sec. 702. Committee on Foreign Intelligence.

Sec. 703. Annual reports on intelligence.

Sec. 704. Transnational threats.

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

Sec. 706. National Intelligence Council.

Sec. 707. Enhancement of authority of Director of Central Intelligence to manage budget, personnel, and activities of intelligence community.

Sec. 708. Reallocation of responsibilities of Director of Central Intelligence and

Secretary of Defense for intelligence activities under 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.

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. Requirements for submittal of budget information on intelligence activities.

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

the Senate.

Sec. 720. 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.

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.
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1 (3) The Defense Intelligence Agency.

2 (4) The National Security Agency.

3 (5) The Department of the Army, the Depart4 ment of the Navy, and the Department of the Air

5 Force.

6 (6) The Department of State.

7 (7) The Department of Treasury.

8 (8) The Department of Energy.

9 (9) The Federal Bureau of Investigation.

10 (10) The Drug Enforcement Administration.

11 (11) The National Reconnaissance Office.

12 (12) The Central Imagery Office.

13 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

14 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

15 CEILINGS.—The amounts authorized to be appropriated

16 under section 101, and the authorized personnel ceilings

17 as of September 30, 1997, for the conduct of the intel18 ligence and intelligence-related activities of the elements

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

20 Schedule of Authorizations prepared to accompany the

21 conference report on the bill ll of the One Hundred

22 Fourth Congress.

23 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU24 THORIZATIONS.—The Schedule of Authorizations shall be

25 made available to the Committees on Appropriations of
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1 the Senate and House of Representatives and to the Presi2 dent. The President shall provide for suitable distribution

3 of the Schedule, or of appropriate portions of the Sched4 ule, within the executive branch.

5 SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

6 (a) AUTHORITY FOR ADJUSTMENTS.—With the ap7 proval of the Director of the Office of Management and

8 Budget, the Director of Central Intelligence may authorize

9 employment of civilian personnel in excess of the number

10 authorized for fiscal year 1997 under section 102 when

11 the Director of Central Intelligence determines that such

12 action is necessary to the performance of important intel13 ligence functions, except that the number of personnel em14 ployed in excess of the number authorized under such sec15 tion may not, for any element of the intelligence commu16 nity, exceed two percent of the number of civilian person17 nel authorized under such section for such element.

18 (b) NOTICE TO INTELLIGENCE COMMITTEES.—The

19 Director of Central Intelligence shall promptly notify the

20 Permanent Select Committee on Intelligence of the House

21 of Representatives and the Select Committee on Intel22 ligence of the Senate whenever he exercises the authority

23 granted by this section.
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1 SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

2 (a) AUTHORIZATIONS OF APPROPRIATIONS.—There

3 is authorized to be appropriated for the Community Man4 agement Account of the Director of Central Intelligence

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

6 amounts authorized, funds identified in the classified

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

8 for the Advanced Research and Development Committee

9 and the Environmental Task Force shall remain available

10 until September 30, 1998.

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

12 the Community Management Account of the Director of

13 Central Intelligence is authorized 265 full-time personnel

14 as of September 30, 1997. Such personnel of the Commu15 nity Management Staff may be permanent employees of

16 the Community Management Staff or personnel detailed

17 from other elements of the United States Government.

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

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

20 Armed Forces who is detailed to the staff of the Commu21 nity Management Account from another element of the

22 United States Government shall be detailed on a reimburs23 able basis, except that any such officer, employee, or mem24 ber may be detailed on a non-reimbursable basis for a pe25 riod of less than one year for the performance of tem-
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1 porary functions as required by the Director of Central

2 Intelligence.

3 TITLE II—CENTRAL INTEL4 LIGENCE AGENCY RETIRE5 MENT AND DISABILITY SYS6 TEM

7 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

8 There is authorized to be appropriated for the

9 Central Intelligence Agency Retirement and Disability

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

11 TITLE III—GENERAL

12 PROVISIONS

13 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND

14 BENEFITS AUTHORIZED BY LAW.

15 Appropriations authorized by this Act for salary, pay,

16 retirement, and other benefits for Federal employees may

17 be increased by such additional or supplemental amounts

18 as may be necessary for increases in such compensation

19 or benefits authorized by law.

20 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE

21 ACTIVITIES.

22 The authorization of appropriations by this Act shall

23 not be deemed to constitute authority for the conduct of

24 any intelligence activity which is not otherwise authorized

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

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

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

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

6 inserting ‘‘January 6, 1998’’.

7 SEC. 304. POST-EMPLOYMENT RESTRICTIONS.

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

9 date of enactment of this Act, the Director of Central In10 telligence shall prescribe regulations requiring each new

11 and current employee of the Central Intelligence Agency

12 to sign a written agreement restricting the activities of

13 that employee upon ceasing employment with the Central

14 Intelligence Agency.

15 (b) AGREEMENT ELEMENTS.—The regulations shall

16 provide that an agreement contain provisions specifying

17 that the employee concerned not represent or advise the

18 government, or any political party, of a foreign country

19 during the five-year period beginning on the termination

20 of the employee’s employment with the Central Intel21 ligence Agency.

22 (c) DISCIPLINARY ACTIONS.—The regulations shall

23 specify appropriate disciplinary actions (including loss of

24 retirement benefits) to be taken against any employee de25 termined by the Director of Central Intelligence to have

26 violated the agreement of the employee under this section.
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1 SEC. 305. EXECUTIVE BRANCH OVERSIGHT OF BUDGETS OF

2 ELEMENTS OF THE INTELLIGENCE COMMU3 NITY.

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

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

6 to the congressional intelligence committees a report set7 ting forth the actions that have been taken to ensure ade8 quate oversight by the executive branch of the budget of

9 the National Reconnaissance Office and the budgets of

10 other elements of the intelligence community within the

11 Department of Defense.

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

13 subsection (a) shall—

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

15 the intelligence community carrying out programs

16 and activities in the National Foreign Intelligence

17 Program are subject to requirements imposed on

18 other elements and components of the Department

19 of Defense under the Chief Financial Officers Act of

20 1990 (Public Law 101–576), and the amendments

21 made by that Act, and the Federal Financial Man22 agement Act of 1994 (title IV of Public Law 103–

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

24 (2) describe the extent to which such elements

25 submit to the Office of Management and Budget

26 budget justification materials and execution reports
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1 similar to the budget justification materials and exe2 cution reports submitted to the Office of Manage3 ment and Budget by the non-intelligence components

4 of the Department of Defense;

5 (3) describe the extent to which the National

6 Reconnaissance Office submits to the Office of Man7 agement and Budget, the Community Management

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

9 (A) complete information on the cost,

10 schedule, performance, and requirements for

11 any new major acquisition before initiating the

12 acquisition;

13 (B) yearly reports (including baseline cost

14 and schedule information) on major acquisi15 tions;

16 (C) planned and actual expenditures in

17 connection with major acquisitions; and

18 (D) variances from any cost baselines for

19 major acquisitions (including explanations of

20 such variances); and

21 (4) assess the extent to which the National Re22 connaissance Office has submitted to Office of Man23 agement and Budget, the Community Management

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

25 a monthly basis a detailed budget execution report
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1 similar to the budget execution report prepared for

2 Department of Defense programs.

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

4 (1) The term ‘‘congressional intelligence com5 mittees’’ shall mean the Select Committee on Intel6 ligence of the Senate and the Permanent Select

7 Committee on Intelligence of the House of Rep8 resentatives.

9 (2) The term ‘‘National Foreign Intelligence

10 Program’’ has the meaning given such term in sec11 tion 3(6) of the National Security Act of 1947 (50

12 U.S.C. 401a(6)).

13 TITLE IV—FEDERAL BUREAU OF

14 INVESTIGATION

15 SEC. 401. ACCESS TO TELEPHONE RECORDS.

16 (a) ACCESS FOR COUNTERINTELLIGENCE PUR17 POSES.—Section 2709(b)(1) of title 18, United States

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

19 before ‘‘toll billing records’’.

20 (b) CONFORMING AMENDMENT.—Section

21 2703(c)(1)(C) of such title is amended by inserting ‘‘local

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

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

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

2 and inserting ‘‘other person’’;

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

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

5 the court may assess punitive damages. In the case

6 of a successful action to enforce liability under this

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

8 together with reasonable attorney fees determined by

9 the court.’’;

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

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

12 (4) by inserting after subsection (c) the follow13 ing new subsection (d):

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

15 court determines that any agency or department of the

16 United States has violated this chapter and the court finds

17 that the circumstances surrounding the violation raise the

18 question whether or not an officer or employee of the

19 agency or department acted willfully or intentionally with

20 respect to the violation, the agency or department con21 cerned shall promptly initiate a proceeding to determine

22 whether or not disciplinary action is warranted against the

23 officer or employee.’’.
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1 TITLE V—ECONOMIC

2 ESPIONAGE

3 SEC. 501. SHORT TITLE.

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

5 Act of 1996’’.

6 SEC. 502. PREVENTION OF ECONOMIC ESPIONAGE AND

7 PROTECTION OF PROPRIETARY ECONOMIC

8 INFORMATION.

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

10 Code, is amended by inserting after chapter 27 the follow11 ing new chapter:

12 ‘‘CHAPTER 28—ECONOMIC ESPIONAGE

‘‘Sec.

‘‘571. Definitions.

‘‘572. Economic espionage.

‘‘573. Criminal forfeiture.

‘‘574. Import and export sanctions.

‘‘575. Scope of extraterritorial jurisdiction.

‘‘576. Construction with other laws.

‘‘577. Preservation of confidentiality.

‘‘578. Law enforcement and intelligence activities.

13 ‘‘§ 571. Definitions

14 ‘‘For purposes of this chapter, the following defini15 tions shall apply:

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

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

18 delegate, or representative of a foreign nation or

19 government.
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1 ‘‘(2) FOREIGN INSTRUMENTALITY.—The term

2 ‘foreign instrumentality’ means any agency, bureau,

3 ministry, component, institution, association, or any

4 legal, commercial, or business organization, corpora5 tion, firm, or entity that is substantially owned, con6 trolled, sponsored, commanded, managed, or domi7 nated by a foreign government or any political sub8 division, instrumentality, or other authority thereof.

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

10 person or persons in whom, or the United States

11 Government component, department, or agency in

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

13 or license in, proprietary economic information is re14 posed.

15 ‘‘(4) PROPRIETARY ECONOMIC INFORMATION.—

16 The term ‘proprietary economic information’ means

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

18 technical, economic, or engineering information (in19 cluding data, plans, tools, mechanisms, compounds,

20 formulas, designs, prototypes, processes, procedures,

21 programs, codes, or commercial strategies, whether

22 tangible or intangible, and whether stored, compiled,

23 or memorialized physically, electronically, graphi24 cally, photographically, or in writing), if—
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1 ‘‘(A) the owner thereof has taken reason2 able measures to keep such information con3 fidential; and

4 ‘‘(B) the information derives independent

5 economic value, actual or potential, from not

6 being generally known to, and not being readily

7 ascertainable through proper means by, the

8 public.

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

10 ‘United States person’ means—

11 ‘‘(A) in the case of a natural person, a citi12 zen of the United States or a permanent resi13 dent alien of the United States; and

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

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

16 an entity substantially owned or controlled by

17 citizens of the United States or permanent resi18 dent aliens of the United States, or incor19 porated in the United States.

20 ‘‘§ 572. Economic espionage

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

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

23 or with the intent to benefit, any foreign nation, govern24 ment, instrumentality, or agent, knowingly—
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1 ‘‘(1) steals, wrongfully appropriates, takes, car2 ries away, or conceals, or by fraud, artifice, or de3 ception obtains proprietary economic information;

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

5 draws, photographs, downloads, uploads, alters, de6 stroys, photocopies, replicates, transmits, delivers,

7 sends, mails, communicates, or conveys proprietary

8 economic information;

9 ‘‘(3) being entrusted with, or having lawful pos10 session or control of, or access to, proprietary eco11 nomic information, wrongfully copies, duplicates,

12 sketches, draws, photographs, downloads, uploads,

13 alters, destroys, photocopies, replicates, transmits,

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

15 same;

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

17 economic information, knowing the same to have

18 been stolen or wrongfully appropriated, obtained, or

19 converted;

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

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

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

23 offense described in any of paragraphs (1) through

24 (4); or
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1 ‘‘(7) conspires with one or more other persons

2 to commit any offense described in any of para3 graphs (1) through (4), and one or more of such

4 persons do any act to effect the object of the con5 spiracy,

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

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

8 years, or both.

9 ‘‘(b) ORGANIZATIONS.—Any organization that com10 mits any offense described in subsection (a) shall be fined

11 not more than $10,000,000.

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

13 section to disclose proprietary economic information in the

14 case of—

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

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

17 executive agency that are deemed essential to report18 ing a violation of United States law.

19 ‘‘§ 573. Criminal forfeiture

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

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

22 violation under this chapter shall forfeit to the United

23 States—
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1 ‘‘(1) any property constituting, or derived from,

2 any proceeds the person obtained, directly or indi3 rectly, as the result of such violation; and

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

5 intended to be used, in any manner or part, to com6 mit or facilitate the commission of such violation.

7 ‘‘(b) COURT ACTION.—The court, in imposing sen8 tence on such person, shall order, in addition to any other

9 sentence imposed pursuant to this chapter, that the person

10 forfeit to the United States all property described in this

11 section.

12 ‘‘(c) APPLICABILITY OF OTHER LAW.—Property sub13 ject to forfeiture under this section, any seizure and dis14 position thereof, and any administrative or judicial pro15 ceeding in relation thereto, shall be governed by the provi16 sions of section 413 of the Comprehensive Drug Abuse

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

18 other than subsection (d) of that section.

19 ‘‘§ 574. Import and export sanctions

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

21 may, to the extent consistent with international agree22 ments to which the United States is a party, prohibit, for

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

24 or exportation from, the United States, whether by car25 riage of tangible items or by transmission, any merchan-
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1 dise produced, made, assembled, or manufactured by a

2 person convicted of any offense described in section 572

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

4 of any offense described in such section, its successor en5 tity or entities.

6 ‘‘(b) ACTION BY THE SECRETARY OF THE TREAS7 URY.—

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

9 Treasury may impose on any person who knowingly

10 violates any order of the President issued under the

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

12 more than 5 times the value of the exports or im13 ports involved, or $100,000, whichever is greater.

14 ‘‘(2) SEIZURE AND FORFEITURE.—Any mer15 chandise imported or exported in violation of an

16 order of the President issued under this section shall

17 be subject to seizure and forfeiture in accordance

18 with sections 602 through 619 of the Tariff Act of

19 1930.

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

21 The provisions of law relating to seizure, summary

22 and judicial forfeiture, and condemnation of prop23 erty for violation of the United States customs laws,

24 the disposition of such property or the proceeds from

25 the sale thereof, the remission or mitigation of such
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1 forfeiture, and the compromise of claims, shall apply

2 to seizures and forfeitures incurred, or alleged to

3 have been incurred under this section to the extent

4 that they are applicable and not inconsistent with

5 the provisions of this chapter.

6 ‘‘§ 575. Scope of extraterritorial jurisdiction

7 ‘‘This chapter applies—

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

9 States; and

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

11 States if—

12 ‘‘(A) the offender is a United States per13 son; or

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

15 was committed in the United States.

16 ‘‘§ 576. Construction with other laws

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

18 displace any other remedies, whether civil or criminal, pro19 vided by Federal, State, commonwealth, possession, or ter20 ritorial laws that are applicable to the misappropriation

21 of proprietary economic information.

22 ‘‘§ 577. Preservation of confidentiality

23 ‘‘In any prosecution or other proceeding under this

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

25 other action as may be necessary and appropriate to pre-
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1 serve the confidentiality of proprietary economic informa2 tion, consistent with the requirements of the Federal

3 Rules of Criminal Procedure, the Federal Rules of Civil

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

5 applicable laws. An interlocutory appeal by the United

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

7 authorizing or directing the disclosure of proprietary eco8 nomic information.

9 ‘‘§ 578. Law enforcement and intelligence activities

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

11 any lawful activity conducted by a law enforcement or reg12 ulatory agency of the United States, a State, or a political

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

14 United States.’’.

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

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

17 is amended by inserting after the item relating to chapter

18 27 the following new item:

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

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

20 of title 18, United States Code, is amended by inserting

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

22 under the following chapters of this title:’’.
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1 TITLE VI—COMBATTING

2 PROLIFERATION

3 SEC. 601. SHORT TITLE.

4 This title may be cited as the ‘‘Combatting Prolifera5 tion of Weapons of Mass Destruction Act of 1996’’.

6 Subtitle A—Assessment of Organi7 zation and Structure of Govern8 ment for Combatting Prolifera9 tion

10 SEC. 611. ESTABLISHMENT OF COMMISSION.

11 (a) ESTABLISHMENT.—There is established a com12 mission to be known as the Commission to Assess the Or13 ganization of the Federal Government to Combat the Pro14 liferation of Weapons of Mass Destruction (in this subtitle

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

16 (b) MEMBERSHIP.—The Commission shall be com17 posed of eight members of whom—

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

19 (2) one shall be appointed by the Majority

20 Leader of the Senate;

21 (3) one shall be appointed by the Minority

22 Leader of the Senate;

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

24 the House of Representatives; and
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1 (5) one shall be appointed by the Minority

2 Leader of the House of Representatives.

3 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem4 bers shall be appointed for the life of the Commission. Any

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

6 shall be filled in the same manner as the original appoint7 ment.

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

9 the date on which all members of the Commission have

10 been appointed, the Commission shall hold its first meet11 ing.

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

13 Commission shall constitute a quorum, but a lesser num14 ber of members may hold hearings.

15 (f) CHAIRMAN AND VICE CHAIRMAN.—The Commis16 sion shall select a Chairman and Vice Chairman from

17 among its members.

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

19 call of the Chairman.

20 SEC. 612. DUTIES OF COMMISSION.

21 (a) STUDY.—

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

23 out a thorough study of the organization of the Fed24 eral Government, including the elements of the intel-
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1 ligence community, with respect to combatting the

2 proliferation of weapons of mass destruction.

3 (2) SPECIFIC REQUIREMENTS.—In carrying out

4 the study, the Commission shall—

5 (A) assess the current structure and orga6 nization of the departments and agencies of the

7 Federal Government having responsibilities for

8 combatting the proliferation of weapons of mass

9 destruction; and

10 (B) assess the effectiveness of the coopera11 tion between elements of the intelligence com12 munity and the intelligence-gathering services

13 of foreign governments in addressing issues re14 lating to the proliferation of such weapons.

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

16 the Commission shall develop recommendations on means

17 of improving the effectiveness of the organization of the

18 departments and agencies of the Federal Government in

19 meeting the national security interests of the United

20 States with respect to the proliferation of weapons of mass

21 destruction. Such recommendations shall include specific

22 recommendations to eliminate duplications of effort, and

23 other inefficiencies, in and among such departments and

24 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;

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 (2) by redesignating paragraphs (3) through

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

24 (3) by inserting after paragraph (2) the follow25 ing new paragraph (3):
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1 ‘‘(3) manage the national collection activities of

2 the intelligence community in order to ensure that

3 such activities, and the intelligence collected through

4 such activities, meet the national security require5 ments of the United States;’’.

6 (b) USE OF FUNDS.—

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

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

9 Military Intelligence Program’’ after ‘‘the National

10 Foreign Intelligence Program’’.

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

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

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

14 (3) DIRECTION OF EXPENDITURES.—Such sec15 tion is further amended—

16 (A) by redesignating subsections (e), (f),

17 and (g) as subsections (f), (g), and (h), respec18 tively; and

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

20 following new subsection (e):

21 ‘‘(e) USE OF FUNDS.—The Director of Central Intel22 ligence shall, with the approval of the Director of the Of23 fice of Management and Budget and subject to applicable

24 provisions of law (including provisions of authorization

25 Acts and appropriations Acts), direct and oversee the allo-
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1 cation, allotment, obligation, and expenditure of funds ap2 propriated or otherwise made available for the national in3 telligence programs, projects, and activities that are man4 aged by the Director of the Central Intelligence Agency,

5 the Director of the National Security Agency, the Director

6 of the National Reconnaissance Office, and the Director

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

8 (c) PERSONNEL, TRAINING, AND ADMINISTRATIVE

9 ACTIVITIES.—Subsection (g) of such section, as redesig10 nating by subsection (b)(3)(A) of this section, is amend11 ed—

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

13 inserting ‘‘PERSONNEL, TRAINING, AND ADMINIS14 TRATIVE FUNCTIONS.—’’;

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

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

17 inserting ‘‘after consultation with’’; and

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

19 after ‘‘policies and programs within’’; and

20 (3) in paragraph (2), by striking ‘‘personnel,’’

21 and all that follows through ‘‘programs’’ and insert22 ing ‘‘personnel programs, administrative programs,

23 training programs, and security programs and man24 agement activities’’.
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1 SEC. 708. REALLOCATION OF RESPONSIBILITIES OF DIREC2 TOR OF CENTRAL INTELLIGENCE AND SEC3 RETARY OF DEFENSE FOR INTELLIGENCE AC4 TIVITIES UNDER NATIONAL FOREIGN INTEL5 LIGENCE PROGRAM.

6 (a) CONSULTATION OF SECRETARY OF DEFENSE

7 WITH DCI REGARDING GENERAL RESPONSIBILITIES.—

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

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

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

11 inserting ‘‘, in consultation with the Director of

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

13 and

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

15 (b) JOINT RESPONSIBILITY OF DCI AND SECRETARY

16 OF DEFENSE FOR PERFORMANCE OF CERTAIN SPECIFIC

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

18 (1) by striking ‘‘RESPONSIBILITY’’ and insert19 ing ‘‘JOINT RESPONSIBILITY OF THE DCI AND THE

20 SECRETARY OF DEFENSE’’;

21 (2) in the matter preceding paragraph (1), by

22 striking ‘‘Consistent with sections 103 and 104 of

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

24 Intelligence and’’;

25 (3) in paragraph (2)—
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1 (A) by striking ‘‘within the Department of

2 Defense’’; and

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

4 at the end; and

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

6 paragraph (3) and inserting a period.

7 (c) RESPONSIBILITY OF SECRETARY OF DEFENSE

8 FOR PERFORMANCE OF OTHER SPECIFIC FUNCTIONS.—

9 Such section is further amended—

10 (1) by redesignating subsection (c) as sub11 section (d);

12 (2) by inserting after paragraph (3) of sub13 section (b) the following:

14 ‘‘(c) RESPONSIBILITY OF SECRETARY OF DEFENSE

15 FOR THE PERFORMANCE OF SPECIFIC FUNCTIONS.—Con16 sistent with section 103 and 104 of this Act, the Secretary

17 of Defense, in consultation with the Director of Central

18 Intelligence, shall—’’;

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

20 (6) as paragraphs (1), (2), and (3), respectively, of

21 subsection (c), as added by paragraph (2) of this

22 subsection; and

23 (4) in paragraph (2), as redesignated by para24 graph (3) of this subsection, by inserting ‘‘(other
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1 than clandestine collection)’’ before ‘‘human intel2 ligence activities’’.

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

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

5 ‘‘RESPONSIBILITIES OF SECRETARY OF DEFENSE AND DI6 RECTOR OF CENTRAL INTELLIGENCE PERTAINING

7 TO NATIONAL FOREIGN INTELLIGENCE PROGRAM’’.

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

9 Act is amended by striking the item relating to section

10 105 and inserting the following new item:

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

11 SEC. 709. IMPROVEMENT OF INTELLIGENCE COLLECTION.

12 (a) ASSISTANT DIRECTOR OF CENTRAL INTEL13 LIGENCE FOR COLLECTION.—Section 102 of the National

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

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

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

17 in carrying out the Director’s responsibilities under this

18 Act, there shall be an Assistant Director of Central Intel19 ligence for Collection, who shall be appointed by the Presi20 dent, by and with the advice and consent of the Senate.

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

22 nor the Deputy Director of Central Intelligence is a com23 missioned officer of the Armed Forces at the time of the

24 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.

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.

11 SEC. 710. IMPROVEMENT OF ANALYSIS AND PRODUCTION

12 OF INTELLIGENCE.

13 Section 102 of the National Security Act of 1947,

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

15 amended by adding at the end the following:

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

17 in carrying out the Director’s responsibilities under this

18 Act, there shall be an Assistant Director of Central Intel19 ligence for Analysis and Production, who shall be ap20 pointed by the President, by and with the advice and con21 sent of the Senate.

22 ‘‘(2) The Assistant Director for Analysis and Produc23 tion shall—
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1 ‘‘(A) oversee the analysis and production of in2 telligence by the elements of the intelligence commu3 nity;

4 ‘‘(B) establish standards and priorities relating

5 to such analysis and production;

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

7 analysis and production of intelligence in order to

8 identify unnecessary duplication in the analysis and

9 production of intelligence;

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

11 purposes of the Assistant Director of Central Intel12 ligence for Collection; and

13 ‘‘(E) provide such additional analysis and pro14 duction of intelligence as the President and the Na15 tional Security Council may require.’’.

16 SEC. 711. IMPROVEMENT OF ADMINISTRATION OF INTEL17 LIGENCE ACTIVITIES.

18 Section 102 of the National Security Act of 1947,

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

20 by adding at the end the following:

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

22 in carrying out the Director’s responsibilities under this

23 Act, there shall be an Assistant Director of Central Intel24 ligence for Administration, who shall be appointed by the
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1 President, by and with the advice and consent of the Sen2 ate.

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

4 manage such activities relating to the administration of

5 the intelligence community as the Director of Central In6 telligence shall require, including management of civilian

7 personnel (including recruitment, security investigations,

8 processing, and training of such personnel), information

9 systems, telecommunications systems, finance and ac10 counting services, and security services, and procurement

11 of supplies and support services.’’.

12 SEC. 712. PAY LEVEL OF ASSISTANT DIRECTORS OF

13 CENTRAL INTELLIGENCE.

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

15 amended by adding at the end the following:

16 ‘‘Assistant Directors of Central Intelligence

17 (3).’’.

18 SEC. 713. GENERAL COUNSEL OF THE CENTRAL INTEL19 LIGENCE AGENCY.

20 (a) ESTABLISHMENT OF POSITION.—The Central In21 telligence Agency Act of 1949 (50 U.S.C. 403a et seq.)

22 is amended by adding at the end the following:

23 ‘‘GENERAL COUNSEL OF THE CENTRAL INTELLIGENCE

24 AGENCY

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

26 Central Intelligence Agency, appointed from civilian life
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1 by the President, by and with the advice and consent of

2 the Senate.

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

4 of the Central Intelligence Agency.

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

6 Agency shall perform such functions as the Director of

7 Central Intelligence may prescribe.’’.

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

9 5315 of title 5, United States Code, as amended by section

10 712 of this Act, is further amended by adding at the end

11 the following:

12 ‘‘General Counsel of the Central Intelligence

13 Agency.’’.

14 SEC. 714. OFFICE OF CONGRESSIONAL AFFAIRS OF THE IN15 TELLIGENCE COMMUNITY.

16 Section 102 of the National Security Act of 1947,

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

18 by adding at the end the following:

19 ‘‘(h)(1) There is hereby established the Office of Con20 gressional Affairs of the Intelligence Community.

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

22 of the Office of Congressional Affairs of the Intelligence

23 Community.

24 ‘‘(B) The Director of Central Intelligence may des25 ignate the Director of the Office of Congressional Affairs
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1 of the Central Intelligence Agency to serve as the Director

2 of the Office of Congressional Affairs of the Intelligence

3 Community.

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

5 affairs activities of the elements of the intelligence commu6 nity and have such additional responsibilities as the Direc7 tor of Central Intelligence may prescribe.

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

9 preclude the elements of the intelligence community from

10 responding directly to requests from Congress.’’.

11 SEC. 715. ASSISTANCE FOR LAW ENFORCEMENT AGENCIES

12 BY INTELLIGENCE COMMUNITY.

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

14 Act of 1947 (50 U.S.C. 402 et seq.) is amended by insert15 ing after section 105 the following new section:

16 ‘‘ASSISTANCE TO UNITED STATES LAW ENFORCEMENT

17 AGENCIES

18 ‘‘SEC. 105A. (a) AUTHORITY TO PROVIDE ASSIST19 ANCE.—Notwithstanding any other provision of law, ele20 ments of the intelligence community may, upon the re21 quest of a United States law enforcement agency, collect

22 information outside the United States about individuals

23 who are not United States persons. Such elements may

24 collect such information notwithstanding that the law en25 forcement agency intends to use the information collected
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1 for purposes of a law enforcement investigation or coun2 terintelligence investigation.

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

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

5 agency’ means any department or agency of the

6 Federal Government that the Attorney General des7 ignates as law enforcement agency for purposes of

8 this section.

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

10 the following:

11 ‘‘(A) A United States citizen.

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

13 agency concerned to be a permanent resident

14 alien.

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

17 permanent resident aliens.

18 ‘‘(D) A corporation incorporated in the

19 United States, except for a corporation directed

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

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

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

24 after the item relating to section 105 the following new

25 item:

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

2 RESPONSIBLE FOR INTELLIGENCE-RELATED

3 ACTIVITIES.

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

6 as follows:

7 ‘‘APPOINTMENT AND EVALUATION OF OFFICIALS

8 RESPONSIBLE FOR INTELLIGENCE-RELATED ACTIVITIES

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

10 APPOINTMENTS.—(1) In the event of a vacancy in a posi11 tion referred to in paragraph (2), the Secretary of Defense

12 shall obtain the concurrence of the Director of Central In13 telligence before appointing an individual to fill the va14 cancy.

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

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

17 Agency.

18 ‘‘(B) The Director of the National Reconnais19 sance Office.

20 ‘‘(b) CONSULTATION WITH DCI IN CERTAIN AP21 POINTMENTS.—(1) In the event of a vacancy in a position

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

23 or agency having jurisdiction over the position shall con24 sult with the Director of Central Intelligence before ap25 pointing an individual to fill the vacancy or recommending
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1 to the President an individual to be nominated to fill the

2 vacancy.

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

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

5 Agency.

6 ‘‘(B) The Assistant Secretary of State for Intel7 ligence and Research.

8 ‘‘(C) The Director of the Office of Non9 proliferation and National Security of the Depart10 ment of Energy.

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

12 Division of the Federal Bureau of Investigation.

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

14 Central Intelligence shall provide annually to the Sec15 retary of Defense an evaluation of the performance of the

16 individuals holding the positions referred to in subpara17 graphs (A) and (B) of subsection (a)(2), and of the indi18 vidual holding the position of Director of the National Im19 agery and Mapping Agency, in fulfilling their respective

20 responsibilities with regard to the National Foreign Intel21 ligence Program.’’.

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

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

24 item relating to section 106 and inserting in lieu thereof

25 the following new item:
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‘‘Sec. 106. Appointment and evaluation of officials responsible for intelligencerelated activities.’’.

1 SEC. 717. INTELLIGENCE COMMUNITY SENIOR EXECUTIVE

2 SERVICE.

3 (a) IN GENERAL.—(1) Title I of the National Secu4 rity Act of 1947 (50 U.S.C. 402 et seq.) is amended by

5 adding at the end the following:

6 ‘‘INTELLIGENCE COMMUNITY SENIOR EXECUTIVE

7 SERVICE

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

9 of Central Intelligence shall by regulation establish a per10 sonnel system for senior civilian personnel within the intel11 ligence community to be known as the Intelligence Com12 munity Senior Executive Service.

13 ‘‘(2) The Intelligence Community Senior Executive

14 Service shall include personnel within the following agen15 cies:

16 ‘‘(A) The Central Intelligence Agency.

17 ‘‘(B) The National Security Agency.

18 ‘‘(C) The Defense Intelligence Agency.

19 ‘‘(D) The National Imagery and Mapping

20 Agency.

21 ‘‘(E) The National Reconnaissance Office.

22 ‘‘(F) Any other office of the Department of De23 fense the civilian employees of which are subject to

24 section 1590 of title 10, United States Code, as of
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1 the effective date of the regulations prescribed under

2 this section.

3 ‘‘(3) The Director of Central Intelligence shall pre4 scribe the regulations required under this section in con5 sultation with the Department of Defense.

6 ‘‘(b) REQUIREMENTS.—The regulations prescribed

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

8 the authorities of the Director of Central Intelligence—

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

10 3131 of title 5, United States Code, for the Senior

11 Executive Service;

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

13 Community Senior Executive Service that are not in

14 excess of the maximum rate or less than the mini15 mum rate of basic pay established for the Senior Ex16 ecutive Service under section 5382 of title 5, United

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

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

19 Senior Executive Service are adjusted;

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

21 the Intelligence Community Senior Executive Service

22 that conforms to the provisions of subchapter II of

23 chapter 43 of title 5, United States Code;

24 ‘‘(4) provide for—
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1 ‘‘(A) removal or suspension from the Intel2 ligence Community Senior Executive Service;

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

4 ‘‘(C) procedures in accordance with which

5 any furlough affecting the Intelligence Commu6 nity Senior Executive Service shall be carried

7 out;

8 ‘‘(D) procedures setting forth due process

9 rights to which members of the Intelligence

10 Community Senior Executive Service are enti11 tled in cases of removal or suspension; and

12 ‘‘(E) procedures for periodic recertifi13 cation;

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

15 to members of the Intelligence Community Senior

16 Executive Service; and

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

18 Community Senior Executive Service may be grant19 ed sabbatical leaves.

20 ‘‘(c) LIMITATIONS.—(1) Except as provided in sub21 section (b), the Director of Central Intelligence—

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

23 Community Senior Executive Service any of the pro24 visions of title 5, United States Code, applicable to
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1 applicants for or members of the Senior Executive

2 Service; and

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

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

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

6 and assign individuals to Intelligence Community

7 Senior Executive Service positions within their re8 spective agencies without regard to the provisions of

9 title 5, United States Code, governing appointments

10 and other personnel actions in the competitive serv11 ice, provided that such actions shall be subject to the

12 approval of the Director of Central Intelligence in

13 accordance with the regulations prescribed under

14 this section.

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

16 Executive Service shall be subject to the limitations of sec17 tion 5307 of title 5, United States Code.

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

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

20 the Senior Executive Service or an equivalent personnel

21 system at the Central Intelligence Agency or at an agency

22 referred to in subparagraphs (B) through (E) of sub23 section (a)(2) at the time of the effective date of the regu24 lations prescribed under this section shall be a member

25 of the Intelligence Community Senior Executive Service.
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1 ‘‘(4) Upon the establishment of the Intelligence Com2 munity Senior Executive Service under this section, no in3 dividual may be selected for membership in the service un4 less such individual has served at least one assignment

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

6 Office of the Director of Central Intelligence shall be

7 treated as an assignment outside an individual’s employ8 ing agency (including an individual employed by the

9 Central Intelligence Agency) for purposes of this subpara10 graph.

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

12 The President, based upon the recommendations of the

13 Director of Central Intelligence, may award ranks to mem14 bers of the Intelligence Community Senior Executive Serv15 ice in a manner consistent with section 4507 of title 5,

16 United States Code.

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

18 Notwithstanding any other provision of law, the Director

19 of Central Intelligence—

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

21 the agency affected, detail or assign any member of

22 the Intelligence Community Senior Executive Service

23 to serve in any position in the intelligence commu24 nity; or
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1 ‘‘(B) may, with the concurrence of the head of

2 the agency affected, detail or assign any member of

3 the service to serve in any position in another Gov4 ernment agency or outside the Federal Government.

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

6 Executive Service may be detailed or assigned under para7 graph (1) only if such detail or assignment is for the bene8 fit of the intelligence community.

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

10 assignment lose any entitlement or status associated with

11 membership in the Intelligence Community Senior Execu12 tive Service.

13 ‘‘(f) ANNUAL REPORT.—The Director of Central In14 telligence shall submit to Congress each year, at the time

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

16 year, a report on the Intelligence Community Senior Exec17 utive Service. The report shall include, in the aggregate

18 and by agency—

19 ‘‘(1) the number of Intelligence Community

20 Senior Executive Service positions established as of

21 the end of the preceding fiscal year;

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

23 each rate of basic pay for the Intelligence Commu24 nity Senior Executive Service as of the end of the

25 preceding fiscal year;
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1 ‘‘(3) the number, distribution, and amount of

2 awards paid to members of the Intelligence Commu3 nity Senior Executive Service during the preceding

4 fiscal year; and

5 ‘‘(4) the number of individuals removed from

6 the Intelligence Community Senior Executive Service

7 during the preceding fiscal year—

8 ‘‘(A) for less than fully successful perform9 ance;

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

11 ‘‘(C) for any other reason.’’.

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

13 Act is amended by inserting after the item relating to sec14 tion 109 the following new item:

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

15 (b) EFFECTIVE DATE OF REGULATIONS.—The regu16 lations prescribed under section 110(a) of the National Se17 curity Act of 1947, as added by subsection (a)(1), shall

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

19 this Act.

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

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

22 note) is amended—

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

24 (B) by striking out ‘‘(b)’’.
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1 (2)(A) Sections 1601 and 1603 of title 10, United

2 States Code, are repealed.

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

4 83 of such title is amended by striking out the items relat5 ing to sections 1601 and 1603.

6 (3) Section 1590 of title 10, United States Code, is

7 amended—

8 (A) in subsection (a)(1)—

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

10 the Senior Executive Service,’’; and

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

12 that follows through the semicolon and insert13 ing in lieu thereof a semicolon;

14 (B) in subsection (b)—

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

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

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

18 thereof ‘‘No civilian’’; and

19 (ii) by striking out the second sentence;

20 and

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

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

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

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

25 inserting in lieu thereof ‘‘No officer’’.
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1 (5)(A) Section 2108 of title 5, United States Code,

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

3 by striking ‘‘the Defense Intelligence Senior Executive

4 Service, the Senior Cryptologic Executive Service’’ and in5 serting ‘‘the Intelligence Community Senior Executive

6 Service’’.

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

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

9 inserting the following new subparagraph (C):

10 ‘‘(C) the Intelligence Community Senior Execu11 tive Service; or’’; and

12 (ii) by redesignating subparagraph (E) as sub13 paragraph (D).

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

15 by striking ‘‘the Defense Intelligence Senior Executive

16 Service or the Senior Cryptologic Executive Service’’ and

17 inserting ‘‘the Intelligence Community Senior Executive

18 Service’’ in each of the following provisions:

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

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

21 (6) The amendments made by this subsection shall

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

23 this Act.
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1 SEC. 718. REQUIREMENTS FOR SUBMITTAL OF BUDGET IN2 FORMATION ON INTELLIGENCE ACTIVITIES.

3 (a) SUBMITTAL WITH ANNUAL BUDGET.—Notwith4 standing any other provision of law, the President shall

5 include in each budget for a fiscal year submitted under

6 section 1105 of title 31, United States Code, the following

7 information:

8 (1) The aggregate amount appropriated during

9 the current fiscal year on all intelligence and intel10 ligence-related activities of the United States Gov11 ernment.

12 (2) The aggregate amount requested in such

13 budget for the fiscal year covered by the budget for

14 all intelligence and intelligence-related activities of

15 the United States Government.

16 (b) FORM OF SUBMITTAL.—The President shall sub17 mit the information required under subsection (a) in un18 classified form.

19 SEC. 719. TERMS OF SERVICE FOR MEMBERS OF SELECT

20 COMMITTEE ON INTELLIGENCE OF THE SEN21 ATE.

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

23 of Senate Resolution 400 of the Ninety-fourth Congress

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

25 sentence.
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1 (b) LIMIT ON TERM OF CHAIRMAN AND VICE CHAIR2 MAN.—Section 2(c) of that resolution is amended by add3 ing at the end the following new sentence: ‘‘No Member

4 shall serve as chairman or vice chairman of the select com5 mittee for more than six years of continuous service.’’.

6 (c) EFFECTIVE DATE.—The amendments made by

7 subsections (a) and (b) shall take effect with the com8 mencement of the One Hundred Fifth Congress.

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

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

11 of the rulemaking power of the Senate with full recogni12 tion of the constitutional right of the Senate to change

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

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

15 SEC. 720. REPORT ON INTELLIGENCE COMMUNITY POLICY

16 ON PROTECTING THE NATIONAL INFORMA17 TION INFRASTRUCTURE AGAINST STRATEGIC

18 ATTACKS.

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

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

21 Central Intelligence shall submit to Congress a report set22 ting forth—

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

24 United States on protecting the national information
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1 infrastructure against information warfare and other

2 non-traditional attacks; and

3 (B) the counterintelligence response of the Di4 rector.

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

6 of the intelligence community to provide intelligence sup7 port for the indications, warning, and assessment func8 tions of the intelligence community with respect to infor9 mation warfare and other non-traditional attacks by for10 eign nations, groups, or individuals against the national

11 information infrastructure.

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

13 (1) The term ‘‘national information infrastruc14 ture’’ includes the information infrastructure of the

15 public or private sector.

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

17 meaning given that term in section 3(4) of the Na18 tional Security Act of 1947 (50 U.S.C. 401a(4)).

19 TITLE VIII—NATIONAL IMAGERY

20 AND MAPPING AGENCY

21 SEC. 801. ESTABLISHMENT.

22 (a) ESTABLISHMENT.—(1) Title I of the National Se23 curity Act of 1947 (50 U.S.C. 402 et seq.), as amended

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

25 at the end the following:
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1 ‘‘NATIONAL IMAGERY AND MAPPING AGENCY

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

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

4 hereby established a National Imagery and Mapping

5 Agency which shall provide timely, relevant, and ac6 curate imagery, imagery intelligence, and imagery7 related products and geospatial information in sup8 port of the national security objectives of the United

9 States. It shall also have a navigational mission as

10 specified in section 2791 of title 10, United States

11 Code.

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

13 MAPPING AGENCY.—The National Imagery and

14 Mapping Agency shall have a national mission to

15 support the imagery requirements of the Depart16 ment of State and other non-Department of Defense

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

18 and other operational requirements of the Depart19 ment of Defense. The Director of Central Intel20 ligence shall establish requirements and priorities to

21 govern the collection of national intelligence of na22 tional importance by the National Imagery and Map23 ping Agency.

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

25 the Director of the National Imagery and Mapping
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1 Agency. The Secretary of Defense shall, with the

2 concurrence of the Director of Central Intelligence,

3 recommend an individual to the President for such

4 appointment. If the Secretary identifies a commis5 sioned officer of the Armed Forces to serve as Direc6 tor, he shall recommend that individual to the Presi7 dent for appointment to hold the grade of lieutenant

8 general or, in the case of an officer of the Navy, vice

9 admiral, while serving in such position. A commis10 sioned officer appointed by the President under this

11 paragraph shall not be counted against the numbers

12 and percentages of commissioned officers of the rank

13 and grade of such officer for the Armed Force of

14 which such officer is a member.

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

16 Deputy Director to assist the Director. The Deputy

17 may be appointed from among the commissioned of18 ficers of the Armed Forces, or from civilian life, but

19 at no time shall both the Director and the Deputy

20 Director positions be simultaneously occupied by

21 commissioned officers of the Armed Forces, whether

22 in active or retired status.

23 ‘‘(b) CENTRAL INTELLIGENCE AGENCY SUPPORT

24 FOR NATIONAL IMAGERY AND MAPPING AGENCY.—
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1 ‘‘(1) ADMINISTRATIVE AND CONTRACTING

2 SERVICES.—Notwithstanding any other provision of

3 law, the Central Intelligence Agency may, under

4 terms and conditions agreed to by the Secretary of

5 Defense and the Director of Central Intelligence,

6 provide administrative and contracting services (in7 cluding the services of security police notwithstand8 ing any limitations on the jurisdiction of such per9 sonnel contained in section 15 of the Central Intel10 ligence Agency Act of 1949), and detail personnel

11 indefinitely to the National Imagery and Mapping

12 Agency, in furtherance of the national intelligence

13 effort.

14 ‘‘(2) TRANSFER AND ACCEPTANCE.—The Na15 tional Imagery and Mapping Agency will transfer

16 funds to the Central Intelligence Agency for the pur17 poses of producing imagery and imagery-related

18 products of national importance, and the Central In19 telligence Agency may accept a transfer of funds

20 from the National Imagery and Mapping Agency,

21 and the Central Intelligence Agency may expend

22 such funds pursuant to the Central Intelligence

23 Agency Act of 1949 to carry out the purposes of

24 paragraph (1).
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1 ‘‘(c) FUNDS FOR FOREIGN IMAGERY INTELLIGENCE

2 AND GEOSPATIAL INFORMATION SUPPORT.—The Director

3 of the National Imagery and Mapping Agency may use

4 appropriated funds available to the National Imagery and

5 Mapping Agency to provide foreign countries imagery in6 telligence and geospatial information support, except that

7 such arrangements shall be coordinated with the Director

8 of the Central Intelligence when they involve imagery in9 telligence or intelligence products, or any support to an

10 intelligence or security service of a foreign country.

11 ‘‘(d) FUNDS FOR CIVIL APPLICATIONS.—The Direc12 tor of the National Imagery and Mapping Agency may use

13 appropriated funds available to the National Imagery and

14 Mapping Agency to support and encourage civilian use of

15 imagery intelligence and geospatial information support

16 provided by the National Imagery and Mapping Agency.

17 ‘‘(e) DEFINITIONS.—In this section:

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

19 information that identifies the geographic location

20 and characteristics of natural or constructed fea21 tures and boundaries on the earth, including statis22 tical data, information derived from, among other

23 things, remote sensing, mapping, and surveying

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

25 term includes mapping, charting and geodetic data,
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1 including geodetic products as that term is used in

2 chapter 167 of title 10, United States Code.

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

4 presentation of any natural or man-made feature or

5 related object or activities and the positional data

6 acquired at the same time the likeness or represen7 tation was acquired (including products produced by

8 space-based national intelligence reconnaissance sys9 tems), in accordance with Executive Order No.

10 12591, as well as likenesses or presentations pro11 duced by satellites, airborne platforms, unmanned

12 aerial vehicles, or other similar means (except that

13 handheld or clandestine photography taken by or on

14 behalf of human intelligence collection organizations

15 is excluded)).

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

17 technical, geographic, and intelligence information

18 derived through the interpretation or analysis of im19 agery and collateral materials.’’.

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

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

22 amended by inserting after the item relating to section

23 110 the following new item:

‘‘Sec. 120. National Imagery and Mapping Agency.’’.
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1 SEC. 802. EFFECTIVE DATE.

2 The amendments made by this title shall take effect

3 on the later of—

4 (1) the date of the enactment of an Act appro5 priating funds for the National Imagery and Map6 ping Agency for fiscal year 1997; or

7 (2) October 1, 1996.