Calendar No. 543

104TH CONGRESS

2D SESSION S. 1718

[Report No. 104–337]

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

JULY 29, 1996

Reported with amendments
II

Calendar No. 543

104TH CONGRESS

2D SESSION S. 1718

[Report No. 104–337]

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]

JULY 29, 1996

Reported by Mr. STEVENS, with amendments

[Omit the part in boldface brackets and insert the part in bold roman]
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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’’.

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
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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.

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.
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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.

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.
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1 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

2 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

3 CEILINGS.—The amounts authorized to be appropriated

4 under section 101, and the authorized personnel ceilings

5 as of September 30, 1997, for the conduct of the intel6 ligence and intelligence-related activities of the elements

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

8 Schedule of Authorizations prepared to accompany the

9 conference report on the bill of the One Hundred

10 Fourth Congress.

11 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU12 THORIZATIONS.—The Schedule of Authorizations shall be

13 made available to the Committees on Appropriations of

14 the Senate and House of Representatives and to the Presi15 dent. The President shall provide for suitable distribution

16 of the Schedule, or of appropriate portions of the Sched17 ule, within the executive branch.

18 SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

19 (a) AUTHORITY FOR ADJUSTMENTS.—With the ap20 proval of the Director of the Office of Management and

21 Budget, the Director of Central Intelligence may authorize

22 employment of civilian personnel in excess of the number

23 authorized for fiscal year 1997 under section 102 when

24 the Director of Central Intelligence determines that such

25 action is necessary to the performance of important intel26 ligence functions, except that the number of personnel em-
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1 ployed in excess of the number authorized under such sec2 tion may not, for any element of the intelligence commu3 nity, exceed two percent of the number of civilian person4 nel authorized under such section for such element.

5 (b) NOTICE TO INTELLIGENCE COMMITTEES.—The

6 Director of Central Intelligence shall promptly notify the

7 Permanent Select Committee on Intelligence of the House

8 of Representatives and the Select Committee on Intel9 ligence of the Senate whenever he exercises the authority

10 granted by this section.

11 SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

12 (a) AUTHORIZATIONS OF APPROPRIATIONS.—There

13 is authorized to be appropriated for the Community Man14 agement Account of the Director of Central Intelligence

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

16 amounts authorized, funds identified in the classified

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

18 for the Advanced Research and Development Committee

19 and the Environmental Task Force shall remain available

20 until September 30, 1998.

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

22 the Community Management Account of the Director of

23 Central Intelligence is authorized 265 full-time personnel

24 as of September 30, 1997. Such personnel of the Commu25 nity Management Staff may be permanent employees of
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1 the Community Management Staff or personnel detailed

2 from other elements of the United States Government.

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

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

5 Armed Forces who is detailed to the staff of the Commu6 nity Management Account from another element of the

7 United States Government shall be detailed on a reimburs8 able basis, except that any such officer, employee, or mem9 ber may be detailed on a non-reimbursable basis for a pe10 riod of less than one year for the performance of tem11 porary functions as required by the Director of Central

12 Intelligence.

13 TITLE II—CENTRAL INTEL14 LIGENCE AGENCY RETIRE15 MENT AND DISABILITY SYS16 TEM

17 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

18 There is authorized to be appropriated for the

19 Central Intelligence Agency Retirement and Disability

20 Fund for fiscal year 1997 the sum of $184,200,000.
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1 TITLE III—GENERAL

2 PROVISIONS

3 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND

4 BENEFITS AUTHORIZED BY LAW.

5 Appropriations authorized by this Act for salary, pay,

6 retirement, and other benefits for Federal employees may

7 be increased by such additional or supplemental amounts

8 as may be necessary for increases in such compensation

9 or benefits authorized by law.

10 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE

11 ACTIVITIES.

12 The authorization of appropriations by this Act shall

13 not be deemed to constitute authority for the conduct of

14 any intelligence activity which is not otherwise authorized

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

16 SEC. 303. POSTPONEMENT OF APPLICABILITY OF SANC17 TIONS LAWS TO INTELLIGENCE ACTIVITIES.

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

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

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

21 inserting ‘‘January 6, 1998’’.

22 SEC. 304. POST-EMPLOYMENT RESTRICTIONS.

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

24 date of enactment of this Act, the Director of Central In25 telligence shall prescribe regulations requiring each new
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1 and current employee of the Central Intelligence Agency

2 to sign a written agreement restricting the activities of

3 that employee upon ceasing employment with the Central

4 Intelligence Agency.

5 (b) AGREEMENT ELEMENTS.—The regulations shall

6 provide that an agreement contain provisions specifying

7 that the employee concerned not represent or advise the

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

9 during the five-year period beginning on the termination

10 of the employee’s employment with the Central Intel11 ligence Agency.

12 (c) DISCIPLINARY ACTIONS.—The regulations shall

13 specify appropriate disciplinary actions (including loss of

14 retirement benefits) to be taken against any employee de15 termined by the Director of Central Intelligence to have

16 violated the agreement of the employee under this section.

17 SEC. 305. EXECUTIVE BRANCH OVERSIGHT OF BUDGETS OF

18 ELEMENTS OF THE INTELLIGENCE COMMU19 NITY.

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

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

22 to the congressional intelligence committees a report set23 ting forth the actions that have been taken to ensure ade24 quate oversight by the executive branch of the budget of

25 the National Reconnaissance Office and the budgets of
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1 other elements of the intelligence community within the

2 Department of Defense.

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

4 subsection (a) shall—

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

6 the intelligence community carrying out programs

7 and activities in the National Foreign Intelligence

8 Program are subject to requirements imposed on

9 other elements and components of the Department

10 of Defense under the Chief Financial Officers Act of

11 1990 (Public Law 101–576), and the amendments

12 made by that Act, and the Federal Financial Man13 agement Act of 1994 (title IV of Public Law 103–

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

15 (2) describe the extent to which such elements

16 submit to the Office of Management and Budget

17 budget justification materials and execution reports

18 similar to the budget justification materials and exe19 cution reports submitted to the Office of Manage20 ment and Budget by the non-intelligence components

21 of the Department of Defense;

22 (3) describe the extent to which the National

23 Reconnaissance Office submits to the Office of Man24 agement and Budget, the Community Management

25 Staff, and the Office of the Secretary of Defense—
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1 (A) complete information on the cost,

2 schedule, performance, and requirements for

3 any new major acquisition before initiating the

4 acquisition;

5 (B) yearly reports (including baseline cost

6 and schedule information) on major acquisi7 tions;

8 (C) planned and actual expenditures in

9 connection with major acquisitions; and

10 (D) variances from any cost baselines for

11 major acquisitions (including explanations of

12 such variances); and

13 (4) assess the extent to which the National Re14 connaissance Office has submitted to Office of Man15 agement and Budget, the Community Management

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

17 a monthly basis a detailed budget execution report

18 similar to the budget execution report prepared for

19 Department of Defense programs.

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

21 (1) The term ‘‘congressional intelligence com22 mittees’’ shall mean the Select Committee on Intel23 ligence of the Senate and the Permanent Select

24 Committee on Intelligence of the House of Rep25 resentatives.
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1 (2) The term ‘‘National Foreign Intelligence

2 Program’’ has the meaning given such term in sec3 tion 3(6) of the National Security Act of 1947 (50

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

5 TITLE IV—FEDERAL BUREAU OF

6 INVESTIGATION

7 SEC. 401. ACCESS TO TELEPHONE RECORDS.

8 (a) ACCESS FOR COUNTERINTELLIGENCE PUR9 POSES.—Section 2709(b)(1) of title 18, United States

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

11 before ‘‘toll billing records’’.

12 (b) CONFORMING AMENDMENT.—Section

13 2703(c)(1)(C) of such title is amended by inserting ‘‘local

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

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

16 amended—

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

18 and inserting ‘‘other person’’;

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

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

21 the court may assess punitive damages. In the case

22 of a successful action to enforce liability under this

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

24 together with reasonable attorney fees determined by

25 the court.’’;
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1 (3) by redesignating subsections (d) and (e) as

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

3 (4) by inserting after subsection (c) the follow4 ing new subsection (d):

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

6 court determines that any agency or department of the

7 United States has violated this chapter and the court finds

8 that the circumstances surrounding the violation raise the

9 question whether or not an officer or employee of the

10 agency or department acted willfully or intentionally with

11 respect to the violation, the agency or department con12 cerned shall promptly initiate a proceeding to determine

13 whether or not disciplinary action is warranted against the

14 officer or employee.’’.

15 TITLE V—ECONOMIC

16 ESPIONAGE

17 SEC. 501. SHORT TITLE.

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

19 Act of 1996’’.

20 SEC. 502. PREVENTION OF ECONOMIC ESPIONAGE AND

21 PROTECTION OF PROPRIETARY ECONOMIC

22 INFORMATION.

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

24 Code, is amended by inserting after chapter 27 the follow25 ing new chapter:
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1 ‘‘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.

2 ‘‘§ 571. Definitions

3 ‘‘For purposes of this chapter, the following defini4 tions shall apply:

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

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

7 delegate, or representative of a foreign nation or

8 government.

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

10 ‘foreign instrumentality’ means any agency, bureau,

11 ministry, component, institution, association, or any

12 legal, commercial, or business organization, corpora13 tion, firm, or entity that is substantially owned, con14 trolled, sponsored, commanded, managed, or domi15 nated by a foreign government or any political sub16 division, instrumentality, or other authority thereof.

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

18 person or persons in whom, or the United States

19 Government component, department, or agency in

20 which, rightful legal, beneficial, or equitable title to,
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1 or license in, proprietary economic information is re2 posed.

3 ‘‘(4) PROPRIETARY ECONOMIC INFORMATION.—

4 The term ‘proprietary economic information’ means

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

6 technical, economic, or engineering information (in7 cluding data, plans, tools, mechanisms, compounds,

8 formulas, designs, prototypes, processes, procedures,

9 programs, codes, or commercial strategies, whether

10 tangible or intangible, and whether stored, compiled,

11 or memorialized physically, electronically, graphi12 cally, photographically, or in writing), if—

13 ‘‘(A) the owner thereof has taken reason14 able measures to keep such information con15 fidential; and

16 ‘‘(B) the information derives independent

17 economic value, actual or potential, from not

18 being generally known to, and not being readily

19 ascertainable through proper means by, the

20 public.

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

22 ‘United States person’ means—

23 ‘‘(A) in the case of a natural person, a citi24 zen of the United States or a permanent resi25 dent alien of the United States; and
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1 ‘‘(B) in the case of an organization (as

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

3 an entity substantially owned or controlled by

4 citizens of the United States or permanent resi5 dent aliens of the United States, or incor6 porated in the United States.

7 ‘‘§ 572. Economic espionage

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

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

10 or with the intent to benefit, any foreign nation, govern11 ment, instrumentality, or agent, knowingly—

12 ‘‘(1) steals, wrongfully appropriates, takes, car13 ries away, or conceals, or by fraud, artifice, or de14 ception obtains proprietary economic information;

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

16 draws, photographs, downloads, uploads, alters, de17 stroys, photocopies, replicates, transmits, delivers,

18 sends, mails, communicates, or conveys proprietary

19 economic information;

20 ‘‘(3) being entrusted with, or having lawful pos21 session or control of, or access to, proprietary eco22 nomic information, wrongfully copies, duplicates,

23 sketches, draws, photographs, downloads, uploads,

24 alters, destroys, photocopies, replicates, transmits,
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1 delivers, sends, mails, communicates, or conveys the

2 same;

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

4 economic information, knowing the same to have

5 been stolen or wrongfully appropriated, obtained, or

6 converted;

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

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

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

10 offense described in any of paragraphs (1) through

11 (4); or

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

13 to commit any offense described in any of para14 graphs (1) through (4), and one or more of such

15 persons do any act to effect the object of the con16 spiracy,

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

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

19 years, or both.

20 ‘‘(b) ORGANIZATIONS.—Any organization that com21 mits any offense described in subsection (a) shall be fined

22 not more than $10,000,000.

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

24 section to disclose proprietary economic information in the

25 case of—
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1 ‘‘(1) appropriate disclosures to Congress; or

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

3 executive agency that are deemed essential to report4 ing a violation of United States law.

5 ‘‘§ 573. Criminal forfeiture

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

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

8 violation under this chapter shall forfeit to the United

9 States—

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

11 any proceeds the person obtained, directly or indi12 rectly, as the result of such violation; and

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

14 intended to be used, in any manner or part, to com15 mit or facilitate the commission of such violation.

16 ‘‘(b) COURT ACTION.—The court, in imposing sen17 tence on such person, shall order, in addition to any other

18 sentence imposed pursuant to this chapter, that the person

19 forfeit to the United States all property described in this

20 section.

21 ‘‘(c) APPLICABILITY OF OTHER LAW.—Property sub22 ject to forfeiture under this section, any seizure and dis23 position thereof, and any administrative or judicial pro24 ceeding in relation thereto, shall be governed by the provi25 sions of section 413 of the Comprehensive Drug Abuse
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1 Prevention and Control Act of 1970 (21 U.S.C. 853),

2 other than subsection (d) of that section.

3 ‘‘§ 574. Import and export sanctions

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

5 may, to the extent consistent with international agree6 ments to which the United States is a party, prohibit, for

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

8 or exportation from, the United States, whether by car9 riage of tangible items or by transmission, any merchan10 dise produced, made, assembled, or manufactured by a

11 person convicted of any offense described in section 572

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

13 of any offense described in such section, its successor en14 tity or entities.

15 ‘‘(b) ACTION BY THE SECRETARY OF THE TREAS16 URY.—

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

18 Treasury may impose on any person who knowingly

19 violates any order of the President issued under the

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

21 more than 5 times the value of the exports or im22 ports involved, or $100,000, whichever is greater.

23 ‘‘(2) SEIZURE AND FORFEITURE.—Any mer24 chandise imported or exported in violation of an

25 order of the President issued under this section shall
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1 be subject to seizure and forfeiture in accordance

2 with sections 602 through 619 of the Tariff Act of

3 1930.

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

5 The provisions of law relating to seizure, summary

6 and judicial forfeiture, and condemnation of prop7 erty for violation of the United States customs laws,

8 the disposition of such property or the proceeds from

9 the sale thereof, the remission or mitigation of such

10 forfeiture, and the compromise of claims, shall apply

11 to seizures and forfeitures incurred, or alleged to

12 have been incurred under this section to the extent

13 that they are applicable and not inconsistent with

14 the provisions of this chapter.

15 ‘‘§ 575. Scope of extraterritorial jurisdiction

16 ‘‘This chapter applies—

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

18 States; and

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

20 States if—

21 ‘‘(A) the offender is a United States per22 son; or

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

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

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

3 displace any other remedies, whether civil or criminal, pro4 vided by Federal, State, commonwealth, possession, or ter5 ritorial laws that are applicable to the misappropriation

6 of proprietary economic information.

7 ‘‘§ 577. Preservation of confidentiality

8 ‘‘In any prosecution or other proceeding under this

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

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

13 Rules of Criminal Procedure, the Federal Rules of Civil

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

15 applicable laws. An interlocutory appeal by the United

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

17 authorizing or directing the disclosure of proprietary eco18 nomic information.

19 ‘‘§ 578. Law enforcement and intelligence activities

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

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

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

24 United States.’’.

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

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

2 27 the following new item:

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

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

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

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

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

7 TITLE VI—COMBATTING

8 PROLIFERATION

9 SEC. 601. SHORT TITLE.

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

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

16 SEC. 611. ESTABLISHMENT OF COMMISSION.

17 (a) ESTABLISHMENT.—There is established a com18 mission to be known as the Commission to Assess the Or19 ganization of the Federal Government to Combat the Pro20 liferation of Weapons of Mass Destruction (in this subtitle

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

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

24 (1) four shall be appointed by the President;
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1 (2) one shall be appointed by the Majority

2 Leader of the Senate;

3 (3) one shall be appointed by the Minority

4 Leader of the Senate;

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

6 the House of Representatives; and

7 (5) one shall be appointed by the Minority

8 Leader of the House of Representatives.

9 (c) QUALIFICATIONS OF MEMBERS.—(1) To

10 the maximum extent practicable, the individ11 uals appointed as members of the Commission

12 shall be individuals who are nationally recog13 nized for expertise regarding—

14 (A) the nonproliferation of weapons

15 of mass destruction;

16 (B) the efficient and effective imple17 mentation of United States nonprolifera18 tion policy; or

19 (C) the implementation, funding, or

20 oversight of the national security policies

21 of the United States.

22 (2) An official who appoints members of

23 the Commission may not appoint an individ24 ual as a member if, in the judgment of the offi25 cial, the individual possesses any personal or
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1 financial interest in the discharge of any of

2 the duties of the Commission.

3 ø(c)¿ (d) PERIOD OF APPOINTMENT; VACANCIES.—

4 Members shall be appointed for the life of the Commission.

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

6 but shall be filled in the same manner as the original ap7 pointment.

8 ø(d)¿ (e) INITIAL MEETING.—No later than 30 days

9 after the date on which all members of the Commission

10 have been appointed, the Commission shall hold its first

11 meeting.

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

13 the Commission shall constitute a quorum, but a lesser

14 number of members may hold hearings.

15 ø(f)¿ (g) CHAIRMAN AND VICE CHAIRMAN.—The

16 Commission shall select a Chairman and Vice Chairman

17 from among its members.

18 ø(g)¿ (h) MEETINGS.—The Commission shall meet

19 at the 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-
25

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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 ø(B) assess the effectiveness of the co11 operation between elements of the intelligence

12 community and the intelligence-gathering serv13 ices of foreign governments in addressing issues

14 relating to the proliferation of such weapons.¿

15 (B) assess the effectiveness of

16 United States cooperation with for17 eign governments with respect to

18 nonproliferation activities, including

19 cooperation—

20 (i) between elements of the in21 telligence community and ele22 ments of the intelligence-gather23 ing services of foreign govern24 ments;
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•S 1718 RS2

1 (ii) between other depart2 ments and agencies of the Federal

3 Government and the counterparts

4 to such departments and agencies

5 in foreign governments; and

6 (iii) between the Federal Gov7 ernment and international orga8 nizations.

9 (3) ASSESSMENTS.—In making the as10 sessments under paragraph (2), the Com11 mission should address—

12 (A) the organization of the export

13 control activities (including licensing

14 and enforcement activities) of the

15 Federal Government relating to the

16 proliferation of weapons of mass de17 struction;

18 (B) arrangements for coordinat19 ing the funding of United States non20 proliferation activities;

21 (C) existing arrangements govern22 ing the flow of information among de23 partments and agencies of the Fed24 eral Government responsible for non25 proliferation activities;
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1 (D) the effectiveness of the orga2 nization and function of interagency

3 groups in ensuring implementation of

4 United States treaty obligations, laws,

5 and policies with respect to non6 proliferation;

7 (E) the administration of sanc8 tions for purposes of nonprolifera9 tion, including the measures taken by

10 departments and agencies of the Fed11 eral Government to implement, as12 sess, and enhance the effectiveness of

13 such sanctions;

14 (F) the organization, manage15 ment, and oversight of United States

16 counterproliferation activities;

17 (G) the recruitment, training, mo18 rale, expertise, retention, and ad19 vancement of Federal Government

20 personnel responsible for the non21 proliferation functions of the Federal

22 Government, including any problems

23 in such activities;

24 (H) the role in United States non25 proliferation activities of the Na-
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1 tional Security Council, the Office of

2 Management and Budget, the Office

3 of Science and Technology Policy,

4 and other offices in the Executive Of5 fice of the President having respon6 sibilities for such activities;

7 (I) the organization of the activi8 ties of the Federal Government to

9 verify government-to-government as10 surances and commitments with re11 spect to nonproliferation, including

12 assurances regarding the future use

13 of commodities exported from the

14 United States; and

15 (J) the costs and benefits to the

16 United States of increased centraliza17 tion and of decreased centralization

18 in the administration of the non19 proliferation activities of the Federal

20 Government.

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

22 the Commission shall develop recommendations on means

23 of improving the effectiveness of the organization of the

24 departments and agencies of the Federal Government in

25 meeting the national security interests of the United
29

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1 States with respect to the proliferation of weapons of mass

2 destruction. Such recommendations shall include specific

3 recommendations to eliminate duplications of effort, and

4 other inefficiencies, in and among such departments and

5 agencies.

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

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

8 submit to Congress a report containing a detailed state9 ment of the findings and conclusions of the Commission,

10 together with its recommendations for such legislation and

11 administrative actions as it considers appropriate.

12 (2) The report shall be submitted in un13 classified form, but may include a classified

14 annex.

15 SEC. 613. POWERS OF COMMISSION.

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

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

18 testimony, and receive such evidence as the Commission

19 considers advisable to carry out the purposes of this sub20 title.

21 (b) INFORMATION FROM FEDERAL AGENCIES.—

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

23 directly from any Federal department or agency

24 such information as the Commission considers nec25 essary to carry out the provisions of this subtitle.
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•S 1718 RS2

1 Upon request of the Chairman of the Commission,

2 the head of such department or agency shall furnish

3 such information to the Commission.

4 (2) CLASSIFIED INFORMATION.—A department

5 or agency may furnish the Commission classified in6 formation under this subsection. The Commission

7 shall take appropriate actions to safeguard classified

8 information furnished to the Commission under this

9 paragraph.

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

11 the United States mails in the same manner and under

12 the same conditions as other departments and agencies of

13 the Federal Government.

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

15 dispose of gifts or donations of services or property.

16 SEC. 614. COMMISSION PERSONNEL MATTERS.

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

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

19 Federal Government shall be compensated at a rate equal

20 to the daily equivalent of the annual rate of basic pay pre21 scribed for level IV of the Executive Schedule under sec22 tion 5315 of title 5, United States Code, for each day (in23 cluding travel time) during which such member is engaged

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

25 members of the Commission who are officers or employees
31

•S 1718 RS2

1 of the United States shall serve without compensation in

2 addition to that received for their services as officers or

3 employees of the United States.

4 (b) TRAVEL EXPENSES.—The members of the Com5 mission shall be allowed travel expenses, including per

6 diem in lieu of subsistence, at rates authorized for employ7 ees of agencies under subchapter I of chapter 57 of title

8 5, United States Code, while away from their homes or

9 regular places of business in the performance of services

10 for the Commission.

11 (c) STAFF.—

12 (1) IN GENERAL.—The Chairman of the Com13 mission may, without regard to the civil service laws

14 and regulations, appoint and terminate an executive

15 director and such other additional personnel as may

16 be necessary to enable the Commission to perform

17 its duties. The employment of an executive director

18 shall be subject to confirmation by the Commission.

19 (2) COMPENSATION.—The Chairman of the

20 Commission may fix the compensation of the execu21 tive director and other personnel without regard to

22 the provisions of chapter 51 and subchapter III of

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

24 to classification of positions and General Schedule

25 pay rates, except that the rate of pay for the execu-
32

•S 1718 RS2

1 tive director and other personnel may not exceed the

2 rate payable for level V of the Executive Schedule

3 under section 5316 of such title.

4 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Any

5 Federal Government employee may be detailed to the

6 Commission without reimbursement, and such detail shall

7 be without interruption or loss of civil service status or

8 privilege.

9 (e) PROCUREMENT OF TEMPORARY AND INTERMIT10 TENT SERVICES.—The Chairman of the Commission may

11 procure temporary and intermittent services under section

12 3109(b) of title 5, United States Code, at rates for individ13 uals which do not exceed the daily equivalent of the annual

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

15 Schedule under section 5316 of such title.

16 SEC. 615. TERMINATION OF COMMISSION.

17 The Commission shall terminate 60 days after the

18 date on which the Commission submits its report under

19 section 612(c).

20 SEC. 616. DEFINITION.

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

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

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

24 U.S.C. 401a(4)).
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1 SEC. 617. AUTHORIZATION OF APPROPRIATIONS.

2 (a) IN GENERAL.—There are authorized to be appro3 priated for the Commission for fiscal year 1997 such sums

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

5 duties under this subtitle.

6 (b) AVAILABILITY.—Amounts appropriated pursuant

7 to the authorization of appropriations in subsection (a)

8 shall remain available for expenditure until the termi9 nation of the Commission under section 615.

10 Subtitle B—Other Matters

11 SEC. 621. REPORTS ON ACQUISITION OF TECHNOLOGY RE12 LATING TO WEAPONS OF MASS DESTRUCTION

13 AND ADVANCED CONVENTIONAL MUNITIONS.

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

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

16 thereafter, the Director of Central Intelligence shall sub17 mit to Congress a report on—

18 (1) the acquisition by foreign countries during

19 the preceding 6 months of dual-use and other tech20 nology useful for the development or production of

21 weapons of mass destruction (including nuclear

22 weapons, chemical weapons, and biological weapons)

23 and advanced conventional munitions; and

24 (2) trends in the acquisition of such technology

25 by such countries.
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1 (b) FORM OF REPORTS.—The reports submitted

2 under subsection (a) shall be submitted in unclassified

3 form, but may include a classified annex.

4 TITLE VII—RENEWAL AND RE5 FORM OF INTELLIGENCE AC6 TIVITIES

7 SEC. 701. SHORT TITLE.

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

9 Renewal and Reform Act of 1996’’.

10 SEC. 702. COMMITTEE ON FOREIGN INTELLIGENCE.

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

12 U.S.C. 402) is amended—

13 (1) by redesignating subsection (h) as sub14 section (j); and

15 (2) by inserting after subsection (g) the follow16 ing new subsection (h):

17 ‘‘(h)(1) There is established within the National Se18 curity Council a committee to be known as the ‘Committee

19 on Foreign Intelligence’.

20 ‘‘(2) The Committee shall be composed of the follow21 ing:

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

23 ‘‘(B) The Secretary of State.

24 ‘‘(C) The Secretary of Defense.
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•S 1718 RS2

1 ‘‘(D) The Assistant to the President for Na2 tional Security Affairs, who shall serve as the chair3 person of the Committee.

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

5 designate.

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

7 the Council in its activities by—

8 ‘‘(A) identifying the intelligence required to ad9 dress the national security interests of the United

10 States as specified by the President;

11 ‘‘(B) establishing priorities (including funding

12 priorities) among the programs, projects, and activi13 ties that address such interests and requirements;

14 and

15 ‘‘(C) establishing policies relating to the con16 duct of intelligence activities of the United States,

17 including appropriate roles and missions for the ele18 ments of the intelligence community and appropriate

19 targets of intelligence collection activities.

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

21 shall—

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

23 security interests of the United States;

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

25 other times as the Council may require, the intel-
36

•S 1718 RS2

1 ligence required to meet such interests and establish

2 an order of priority for the collection and analysis of

3 such intelligence; and

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

5 of the intelligence community in order to determine

6 the success of such elements in collecting, analyzing,

7 and disseminating the intelligence identified under

8 subparagraph (B).

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

10 Council and to the Director of Central Intelligence a com11 prehensive report on its activities during the preceding

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

13 (4).’’.

14 SEC. 703. ANNUAL REPORTS ON INTELLIGENCE.

15 (a) IN GENERAL.—Section 109 of the National Secu16 rity Act of 1947 (50 U.S.C. 404d) is amended by striking

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

18 the following new subsections:

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

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

21 appropriate congressional committees a report on the re22 quirements of the United States for intelligence and the

23 activities of the intelligence community.

24 ‘‘(2) The purpose of the report is to facilitate an as25 sessment of the activities of the intelligence community
37

•S 1718 RS2

1 during the preceding fiscal year and to assist in the devel2 opment of a mission and a budget for the intelligence com3 munity for the fiscal year beginning in the year in which

4 the report is submitted.

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

6 form, but may include a classified annex.

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

8 subsection (a) shall—

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

10 the national security interests of the United States,

11 and set forth an order of priority for the collection

12 and analysis of intelligence required to meet such in13 terests, for the fiscal year beginning in the year in

14 which the report is submitted; and

15 ‘‘(B) evaluate the performance of the intel16 ligence community in collecting and analyzing intel17 ligence required to meet such interests during the

18 fiscal year ending in the year preceding the year in

19 which the report is submitted, including a descrip20 tion of the significant successes and significant fail21 ures of the intelligence community in such collection

22 and analysis during that fiscal year.

23 ‘‘(2) The report shall specify matters under para24 graph (1)(A) in sufficient detail to assist Congress in mak-
38

•S 1718 RS2

1 ing decisions with respect to the allocation of resources

2 for the matters specified.

3 ‘‘(c) DEFINITION.—In this section, the term ‘appro4 priate congressional committees’ means the following:

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

6 Committee on Appropriations, and the Committee on

7 Armed Services of the Senate.

8 ‘‘(2) The Permanent Select Committee on Intel9 ligence, the Committee on Appropriations, and the

10 Committee on National Security of the House of

11 Representatives.’’.

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

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

14 ‘‘ANNUAL REPORT ON INTELLIGENCE’’.

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

16 Act is amended by striking the item relating to section

17 109 and inserting the following new item:

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

18 SEC. 704. TRANSNATIONAL THREATS.

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

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

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

22 subsection:

23 ‘‘(i)(1) There is established within the National Secu24 rity Council a committee to be known as the ‘Committee

25 on Transnational Threats’.
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1 ‘‘(2) The Committee shall include the following mem2 bers:

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

4 ‘‘(B) The Secretary of State.

5 ‘‘(C) The Secretary of Defense.

6 ‘‘(D) The Attorney General.

7 ‘‘(E) The Assistant to the President for Na8 tional Security Affairs, who shall serve as the chair9 person of the Committee.

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

11 designate.

12 ‘‘(3) The function of the Committee shall be to co13 ordinate and direct the activities of the United States Gov14 ernment relating to combatting transnational threats.

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

16 shall—

17 ‘‘(A) identify transnational threats;

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

19 States Government to respond to transnational

20 threats identified under subparagraph (A);

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

22 ‘‘(D) make recommendations as to appropriate

23 responses to specific transnational threats;
40

•S 1718 RS2

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

2 policy differences among Federal departments and

3 agencies in their responses to transnational threats;

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

5 the effective sharing of information about

6 transnational threats among Federal departments

7 and agencies, including law enforcement agencies

8 and the elements of the intelligence community; and

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

10 the coordination of activities of Federal law enforce11 ment agencies and elements of the intelligence com12 munity outside the United States with respect to

13 transnational threats.

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

15 ‘transnational threat’ means the following:

16 ‘‘(A) Any transnational activity (including inter17 national terrorism, narcotics trafficking, the pro18 liferation of weapons of mass destruction and the de19 livery systems for such weapons, and organized

20 crime) that threatens the national security of the

21 United States.

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

23 an activity referred to in subparagraph (A).’’.
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1 SEC. 705. OFFICE OF THE DIRECTOR OF CENTRAL INTEL2 LIGENCE.

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

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

5 (1) in section 102 (50 U.S.C. 403)—

6 (A) by striking the section heading and all

7 that follows through paragraph (1) of sub8 section (a) and inserting the following:

9 ‘‘OFFICE OF THE DIRECTOR OF CENTRAL INTELLIGENCE

10 ‘‘SEC. 102.’’;

11 (B) by redesignating paragraph (2) of sub12 section (a) as subsection (a) and in such sub13 section (a), as so redesignated, by redesignating

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

15 (1), (2), and (3), respectively; and

16 (C) by striking subsection (d) and insert17 ing the following:

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

19 Intelligence. The function of the Office is to assist the Di20 rector of Central Intelligence in carrying out the duties

21 and responsibilities of the Director under this Act and to

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

23 ‘‘(2) The Office of the Director of Central Intel24 ligence is composed of the following:

25 ‘‘(A) The Director of Central Intelligence.
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1 ‘‘(B) The Deputy Director of Central Intel2 ligence.

3 ‘‘(C) The National Intelligence Council.

4 ‘‘(D) The Assistant Director of Central Intel5 ligence for Collection.

6 ‘‘(E) The Assistant Director of Central Intel7 ligence for Analysis and Production.

8 ‘‘(F) The Assistant Director of Central Intel9 ligence for Administration.

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

11 established by law or the Director of Central Intel12 ligence may establish or designate in the Office.

13 ‘‘(3) To assist the Director in fulfilling the respon14 sibilities of the Director as head of the intelligence commu15 nity, the Director shall employ and utilize in the Office

16 of the Director of Central Intelligence a professional staff

17 having an expertise in matters relating to such responsibil18 ities and may establish permanent positions and appro19 priate rates of pay with respect to that staff.’’; and

20 (2) by inserting after section 102, as so amend21 ed, the following new section:

22 ‘‘CENTRAL INTELLIGENCE AGENCY

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

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

25 of Central Intelligence in carrying out the responsibilities
43

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

2 103(d) of this Act.’’.

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

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

5 item relating to section 102 and inserting the following

6 new items:

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

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

7 SEC. 706. NATIONAL INTELLIGENCE COUNCIL.

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

9 (50 U.S.C. 403–3(b)) is amended—

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

11 contractors of the Council or employees of such con12 tractors,’’ after ‘‘on the Council’’;

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

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

15 (3) by inserting after paragraph (3) the follow16 ing new paragraph (4):

17 ‘‘(4) Subject to the direction and control of the Direc18 tor of Central Intelligence, the Center may carry out its

19 responsibilities under this subsection by contract, includ20 ing contracts for substantive experts necessary to assist

21 the Center with particular assessments under this sub22 section.’’; and

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

24 adding at the end the following: ‘‘The Center shall
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1 also be readily accessible to policymaking officials

2 and other appropriate individuals not otherwise asso3 ciated with the intelligence community.’’.

4 SEC. 707. ENHANCEMENT OF AUTHORITY OF DIRECTOR OF

5 CENTRAL INTELLIGENCE TO MANAGE BUDG6 ET, PERSONNEL, AND ACTIVITIES OF INTEL7 LIGENCE COMMUNITY.

8 (a) IN GENERAL.—Section 103(c) of the National Se9 curity Act of 1947 (50 U.S.C. 403–3(c)) is amended—

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

11 following new paragraph (1):

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

13 budget for intelligence and intelligence-related activi14 ties of the United States by—

15 ‘‘(A) developing and presenting to the

16 President an annual budget for the National

17 Foreign Intelligence Program; and

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

19 Secretary of Defense of the annual budget for

20 the Joint Military Intelligence Program; and

21 ‘‘(C) consulting with the Secretary of De22 fense in the development of the annual budget

23 for the Tactical Intelligence and Related Activi24 ties program;’’;
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1 ‘‘(B) participating in the development by

2 the Secretary of Defense of the annual budgets

3 for the Joint Military Intelligence Program and

4 the Tactical Intelligence and Related Activities

5 Program;’’;

6 (2) by redesignating paragraphs (3) through

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

8 (3) by inserting after paragraph (2) the follow9 ing new paragraph (3):

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

11 the intelligence community in order to ensure that

12 such activities, and the intelligence collected through

13 such activities, meet the national security require14 ments of the United States;’’.

15 ‘‘(3) approve collection requirements, determine

16 collection priorities, and resolve conflicts in collection

17 priorities levied on national collection assets, except

18 as otherwise agreed with the Secretary of Defense pur19 suant to the direction of the President;’’.

20 (b) USE OF FUNDS.—

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

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

23 Military Intelligence Program’’ after ‘‘the National

24 Foreign Intelligence Program’’.
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1 (2) TRANSFERS.—Subsection (d)(2)(E) of such

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

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

4 (3) DIRECTION OF EXPENDITURES.—Such sec5 tion is further amended—

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

7 and (g) as subsections (f), (g), and (h), respec8 tively; and

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

10 following new subsection (e):

11 ‘‘(e) USE OF FUNDS.—The Director of Central Intel12 ligence shall, with the approval of the Director of the Of13 fice of Management and Budget and subject to applicable

14 provisions of law (including provisions of authorization

15 Acts and appropriations Acts), direct and oversee the allo16 cation, allotment, obligation, and expenditure of funds ap17 propriated or otherwise made available for the national in18 telligence programs, projects, and activities that are man19 aged by the Director of the Central Intelligence Agency,

20 the Director of the National Security Agency, the Director

21 of the National Reconnaissance Office, and the Director

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

23 (b) USE OF FUNDS.—Section 104 of the National Se24 curity Act of 1947 (50 U.S.C. 403–4) is amended—
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1 (1) by adding at the end of subsection (c) the fol2 lowing: ‘‘The Secretary of Defense shall consult with

3 the Director of Central Intelligence before reprogram4 ming funds made available under the Joint Military

5 Intelligence Program.’’;

6 (2) by redesignating subsections (e), (f), and (g)

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

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

9 new subsection (e):

10 ‘‘(e) DATABASE AND BUDGET EXECUTION INFORMA11 TION.—The Director of Central Intelligence and the Sec12 retary of Defense shall jointly issue guidance for the devel13 opment and implementation by the year 2000 of a database

14 to provide timely and accurate information on the amounts

15 and status of resources, including periodic budget execution

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

17 activities.’’.

18 (c) PERSONNEL, TRAINING, AND ADMINISTRATIVE

19 ACTIVITIES.—Subsection (g) of such section, as redesig20 nating by subsection (b)(3)(A) of this section, is amend21 ed—

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

23 inserting ‘‘PERSONNEL, TRAINING, AND ADMINIS24 TRATIVE FUNCTIONS.—’’;

25 (2) in the matter preceding paragraph (1)—
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1 (A) by striking ‘‘in coordination with’’ and

2 inserting ‘‘after consultation with’’; and

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

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

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

6 and all that follows through ‘‘programs’’ and insert7 ing ‘‘personnel programs, administrative programs,

8 training programs, and security programs and man9 agement activities’’.

10 SEC. 708. REALLOCATION OF RESPONSIBILITIES OF DIREC11 TOR OF CENTRAL INTELLIGENCE AND SEC12 RETARY OF DEFENSE FOR INTELLIGENCE AC13 TIVITIES UNDER NATIONAL FOREIGN INTEL14 LIGENCE PROGRAM.

15 (a) CONSULTATION OF SECRETARY OF DEFENSE

16 WITH DCI REGARDING GENERAL RESPONSIBILITIES.—

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

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

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

20 inserting ‘‘, in consultation with the Director of

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

22 and

23 (2) in paragraph (2), by striking ‘‘appropriate’’.
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1 (b) JOINT RESPONSIBILITY OF DCI AND SECRETARY

2 OF DEFENSE FOR PERFORMANCE OF CERTAIN SPECIFIC

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

4 (1) by striking ‘‘RESPONSIBILITY’’ and insert5 ing ‘‘JOINT RESPONSIBILITY OF THE DCI AND THE

6 SECRETARY OF DEFENSE’’;

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

8 striking ‘‘Consistent with sections 103 and 104 of

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

10 Intelligence and’’;

11 (3) in paragraph (2)—

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

13 Defense’’; and

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

15 at the end; and

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

17 paragraph (3) and inserting a period.

18 (c) RESPONSIBILITY OF SECRETARY OF DEFENSE

19 FOR PERFORMANCE OF OTHER SPECIFIC FUNCTIONS.—

20 Such section is further amended—

21 (1) by redesignating subsection (c) as sub22 section (d);

23 (2) by inserting after paragraph (3) of sub24 section (b) the following:
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1 ‘‘(c) RESPONSIBILITY OF SECRETARY OF DEFENSE

2 FOR THE PERFORMANCE OF SPECIFIC FUNCTIONS.—Con3 sistent with section 103 and 104 of this Act, the Secretary

4 of Defense, in consultation with the Director of Central

5 Intelligence, shall—’’;

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

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

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

9 subsection; and

10 (4) in paragraph (2), as redesignated by para11 graph (3) of this subsection, by inserting ‘‘(other

12 than clandestine collection)’’ before ‘‘human intel13 ligence activities’’.

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

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

16 ‘‘RESPONSIBILITIES OF SECRETARY OF DEFENSE AND DI17 RECTOR OF CENTRAL INTELLIGENCE PERTAINING

18 TO NATIONAL FOREIGN INTELLIGENCE PROGRAM’’.

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

20 Act is amended by striking the item relating to section

21 105 and inserting the following new item:

‘‘Sec. 105. Responsibilities of Secretary of Defense and Director of Central Intelligence pertaining to National Foreign Intelligence Program.’’.
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1 SEC. 708. RESPONSIBILITIES OF SECRETARY OF DEFENSE

2 PERTAINING TO THE NATIONAL FOREIGN IN3 TELLIGENCE PROGRAM.

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

5 U.S.C. 403–5) is amended—

6 (1) in subsection (a), by inserting ‘‘, in consulta7 tion with the Director of Central Intelligence,’’ after

8 ‘‘Secretary of Defense’’ in the matter preceding para9 graph (1); and

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

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

12 CENTRAL INTELLIGENCE.—The Director of Central Intel13 ligence, in consultation with the Secretary of Defense and

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

15 year to the Committee on Foreign Intelligence of the Na16 tional Security Council and the appropriate congressional

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

18 the performance and the responsiveness of the National Se19 curity Agency, the National Reconnaissance Office, and the

20 National Imagery and Mapping Agency in meeting their

21 national missions.’’.

22 SEC. 709. IMPROVEMENT OF INTELLIGENCE COLLECTION.

23 (a) ASSISTANT DIRECTOR OF CENTRAL INTEL24 LIGENCE FOR COLLECTION.—Section 102 of the National

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

26 of this Act, is amended by adding at the end the following:
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1 ‘‘(e)(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 Collection, who shall be appointed by the Presi5 dent, by and with the advice and consent of the Senate.

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

7 nor the Deputy Director of Central Intelligence is a com8 missioned officer of the Armed Forces at the time of the

9 nomination of an individual to the position of Assistant

10 Director of Central Intelligence for Collection, the Presi11 dent shall nominate an individual for that position from

12 among the commissioned officers of the Armed Forces who

13 have substantial experience in managing intelligence ac14 tivities.

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

16 to any commissioned officer of the Armed Forces while

17 serving in the position of Assistant Director for Collection.

18 ‘‘(3) The Assistant Director for Collection shall man19 age the collection of national intelligence by the intel20 ligence community in order to ensure the efficient and ef21 fective collection of national intelligence that is identified

22 for collection by the Assistant Director of Central Intel23 ligence for Analysis and Production. Production.’’.
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1 ‘‘(4) In carrying out the responsibility set forth in

2 paragraph (3), the Assistant Director for Collection

3 shall—

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

5 concur in, the procurement and operation of systems

6 necessary for the collection of national intelligence;

7 and

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

9 in the formulation of plans and budgets for national

10 intelligence collection activities.’’.

11 (b) CONSOLIDATION OF HUMAN INTELLIGENCE COL12 LECTION ACTIVITIES.—Not later than 90 days after the

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

14 Intelligence shall enter into an agreement with the Sec15 retary of Defense to transfer from the Secretary to the

16 Director the responsibilities and authorities of the Sec17 retary for the collection of clandestine intelligence from

18 human sources currently conducted by the Defense

19 Human Intelligence Service within the Department of De20 fense and the Deputy Secretary of Defense shall jointly sub21 mit to the Committee on Armed Services and the Select

22 Committee on Intelligence of the Senate and the National

23 Security Committee and Permanent Select Committee on

24 Intelligence of the House of Representatives a report on the

25 ongoing efforts of those officials to achieve commonality,
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1 interoperability, and, where practicable, consolidation of

2 the collection of clandestine intelligence from human sources

3 conducted by the Defense Human Intelligence Service of the

4 Department of Defense and the Directorate of Operations

5 of the Central Intelligence Agency.

6 SEC. 710. IMPROVEMENT OF ANALYSIS AND PRODUCTION

7 OF INTELLIGENCE.

8 Section 102 of the National Security Act of 1947,

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

10 amended by adding at the end the following:

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

12 in carrying out the Director’s responsibilities under this

13 Act, there shall be an Assistant Director of Central Intel14 ligence for Analysis and Production, who shall be ap15 pointed by the President, by and with the advice and con16 sent of the Senate.

17 ‘‘(2) The Assistant Director for Analysis and Produc18 tion shall—

19 ‘‘(A) oversee the analysis and production of in20 telligence by the elements of the intelligence commu21 nity;

22 ‘‘(B) establish standards and priorities relating

23 to such analysis and production;

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

25 analysis and production of intelligence in order to
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1 identify unnecessary duplication in the analysis and

2 production of intelligence;

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

4 purposes of the Assistant Director of Central Intel5 ligence for Collection; and

6 ‘‘(E) provide such additional analysis and pro7 duction of intelligence as the President and the Na8 tional Security Council may require.’’.

9 SEC. 711. IMPROVEMENT OF ADMINISTRATION OF INTEL10 LIGENCE ACTIVITIES.

11 Section 102 of the National Security Act of 1947,

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

13 by adding at the end the following:

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

15 in carrying out the Director’s responsibilities under this

16 Act, there shall be an Assistant Director of Central Intel17 ligence for Administration, who shall be appointed by the

18 President, by and with the advice and consent of the Sen19 ate.

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

21 manage such activities relating to the administration of

22 the intelligence community as the Director of Central In23 telligence shall require, including management of civilian

24 personnel (including recruitment, security investigations,

25 processing, and training of such personnel), information
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1 systems, telecommunications systems, finance and ac2 counting services, and security services, and procurement

3 of supplies and support services.’’.

4 SEC. 712. PAY LEVEL OF ASSISTANT DIRECTORS OF

5 CENTRAL INTELLIGENCE.

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

7 amended by adding at the end the following:

8 ‘‘Assistant Directors of Central Intelligence

9 (3).’’.

10 SEC. 713. GENERAL COUNSEL OF THE CENTRAL INTEL11 LIGENCE AGENCY.

12 (a) ESTABLISHMENT OF POSITION.—The Central In13 telligence Agency Act of 1949 (50 U.S.C. 403a et seq.)

14 is amended by adding at the end the following:

15 ‘‘GENERAL COUNSEL OF THE CENTRAL INTELLIGENCE

16 AGENCY

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

18 Central Intelligence Agency, appointed from civilian life

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

20 the Senate.

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

22 of the Central Intelligence Agency.

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

24 Agency shall perform such functions as the Director of

25 Central Intelligence may prescribe.’’.
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1 (b) EXECUTIVE SCHEDULE IV PAY LEVEL.—Section

2 5315 of title 5, United States Code, as amended by section

3 712 of this Act, is further amended by adding at the end

4 the following:

5 ‘‘General Counsel of the Central Intelligence

6 Agency.’’.

7 SEC. 714. OFFICE OF CONGRESSIONAL AFFAIRS OF THE IN8 TELLIGENCE COMMUNITY. THE DIRECTOR OF

9 CENTRAL INTELLIGENCE.

10 Section 102 of the National Security Act of 1947,

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

12 by adding at the end the following:

13 ‘‘(h)(1) There is hereby established the Office of Con14 gressional Affairs of the Intelligence Community. the Di15 rector of Central Intelligence.

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

17 of the Office of Congressional Affairs of the Intelligence

18 Community. the Director of Central Intelligence.

19 ‘‘(B) The Director of Central Intelligence may des20 ignate the Director of the Office of Congressional Affairs

21 of the Central Intelligence Agency to serve as the Director

22 of the Office of Congressional Affairs of the Intelligence

23 Community. the Director of Central Intelligence.

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

25 affairs activities of the elements of the intelligence commu-
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1 nity and have such additional responsibilities as the Direc2 tor of Central Intelligence may prescribe.

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

4 preclude the elements of the intelligence community from

5 responding directly to requests from Congress.’’.

6 SEC. 715. ASSISTANCE FOR LAW ENFORCEMENT AGENCIES

7 BY INTELLIGENCE COMMUNITY.

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

9 Act of 1947 (50 U.S.C. 402 et seq.) is amended by insert10 ing after section 105 the following new section:

11 ‘‘ASSISTANCE TO UNITED STATES LAW ENFORCEMENT

12 AGENCIES

13 ‘‘SEC. 105A. (a) AUTHORITY TO PROVIDE ASSIST14 ANCE.—Notwithstanding any other provision of law Sub15 ject to subsection (b), elements of the intelligence commu16 nity may, upon the request of a United States law enforce17 ment agency, collect information outside the United States

18 about individuals who are not United States persons. Such

19 elements may collect such information notwithstanding

20 that the law enforcement agency intends to use the infor21 mation collected for purposes of a law enforcement inves22 tigation or counterintelligence investigation.

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

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

25 within the Department of Defense, the authority in sub26 section (a) applies only to the National Security Agency,
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1 the National Reconnaissance Office, and the National Im2 agery and Mapping Agency.

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

4 of the Department of Defense may not include the direct

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

6 or Marine Corps in an arrest or similar activity.

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

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

9 of such assistance will adversely affect the military pre10 paredness of the United States.

11 ‘‘(4) The Secretary of Defense shall prescribe regula12 tions governing the exercise of authority under this section

13 by elements of the Department of Defense, including regula14 tions relating to the protection of sources and methods in

15 the exercise of such authority.

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

17 (a):

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

19 agency’ means any department or agency of the

20 Federal Government that the Attorney General des21 ignates as law enforcement agency for purposes of

22 this section.

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

24 the following:

25 ‘‘(A) A United States citizen.
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1 ‘‘(B) An alien known by the intelligence

2 agency concerned to be a permanent resident

3 alien.

4 ‘‘(C) An unincorporated association sub5 stantially composed of United States citizens or

6 permanent resident aliens.

7 ‘‘(D) A corporation incorporated in the

8 United States, except for a corporation directed

9 and controlled by a foreign government or gov10 ernments.’’.

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

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

13 after the item relating to section 105 the following new

14 item:

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

15 SEC. 716. APPOINTMENT AND EVALUATION OF OFFICIALS

16 RESPONSIBLE FOR INTELLIGENCE-RELATED

17 ACTIVITIES.

18 (a) IN GENERAL.—Section 106 of the National Secu19 rity Act of 1947 (50 U.S.C. 403–6) is amended to read

20 as follows:

21 ‘‘APPOINTMENT AND EVALUATION OF OFFICIALS

22 RESPONSIBLE FOR INTELLIGENCE-RELATED ACTIVITIES

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

24 APPOINTMENTS.—(1) In the event of a vacancy in a posi25 tion referred to in paragraph (2), the Secretary of Defense
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1 shall obtain the concurrence of the Director of Central In2 telligence before appointing an individual to fill the va3 cancy. recommending to the President an individual for ap4 pointment to the position. If the Director does not concur

5 in the recommendation, the Secretary may make the rec6 ommendation to the President without the Director’s con7 currence, but shall include in the recommendation a state8 ment that the Director does not concur in the recommenda9 tion.

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

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

12 Agency.

13 ‘‘(B) The Director of the National Reconnais14 sance Office.

15 ‘‘(b) CONSULTATION WITH DCI IN CERTAIN AP16 POINTMENTS.—(1) In the event of a vacancy in a position

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

18 or agency having jurisdiction over the position shall con19 sult with the Director of Central Intelligence before ap20 pointing an individual to fill the vacancy or recommending

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

22 vacancy.

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

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

25 Agency.
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1 ‘‘(B) The Assistant Secretary of State for Intel2 ligence and Research.

3 ‘‘(C) The Director of the Office of Non4 proliferation and National Security of the Depart5 ment of Energy.

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

7 Division of the Federal Bureau of Investigation. In8 vestigation.’’.

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

10 Central Intelligence shall provide annually to the Sec11 retary of Defense an evaluation of the performance of the

12 individuals holding the positions referred to in subpara13 graphs (A) and (B) of subsection (a)(2), and of the indi14 vidual holding the position of Director of the National Im15 agery and Mapping Agency, in fulfilling their respective

16 responsibilities with regard to the National Foreign Intel17 ligence Program.’’.

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

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

20 item relating to section 106 and inserting in lieu thereof

21 the following new item:

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

25 the effective date of the regulations prescribed under

26 this section.
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1 ‘‘(3) The Director of Central Intelligence shall pre2 scribe the regulations required under this section in con3 sultation with the Department of Defense.

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

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

6 the authorities of the Director of Central Intelligence—

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

8 3131 of title 5, United States Code, for the Senior

9 Executive Service;

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

11 Community Senior Executive Service that are not in

12 excess of the maximum rate or less than the mini13 mum rate of basic pay established for the Senior Ex14 ecutive Service under section 5382 of title 5, United

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

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

17 Senior Executive Service are adjusted;

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

19 the Intelligence Community Senior Executive Service

20 that conforms to the provisions of subchapter II of

21 chapter 43 of title 5, United States Code;

22 ‘‘(4) provide for—

23 ‘‘(A) removal or suspension from the Intel24 ligence Community Senior Executive Service;

25 ‘‘(B) reduction-in-force procedures;
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1 ‘‘(C) procedures in accordance with which

2 any furlough affecting the Intelligence Commu3 nity Senior Executive Service shall be carried

4 out;

5 ‘‘(D) procedures setting forth due process

6 rights to which members of the Intelligence

7 Community Senior Executive Service are enti8 tled in cases of removal or suspension; and

9 ‘‘(E) procedures for periodic recertifi10 cation;

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

12 to members of the Intelligence Community Senior

13 Executive Service; and

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

15 Community Senior Executive Service may be grant16 ed sabbatical leaves.

17 ‘‘(c) LIMITATIONS.—(1) Except as provided in sub18 section (b), the Director of Central Intelligence—

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

20 Community Senior Executive Service any of the pro21 visions of title 5, United States Code, applicable to

22 applicants for or members of the Senior Executive

23 Service; and

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

25 referred to in subparagraphs (B) through (E) of
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1 subsection (a)(2) the authority to appoint, promote,

2 and assign individuals to Intelligence Community

3 Senior Executive Service positions within their re4 spective agencies without regard to the provisions of

5 title 5, United States Code, governing appointments

6 and other personnel actions in the competitive serv7 ice, provided that such actions shall be subject to the

8 approval of the Director of Central Intelligence in

9 accordance with the regulations prescribed under

10 this section.

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

12 Executive Service shall be subject to the limitations of sec13 tion 5307 of title 5, United States Code.

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

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

16 the Senior Executive Service or an equivalent personnel

17 system at the Central Intelligence Agency or at an agency

18 referred to in subparagraphs (B) through (E) of sub19 section (a)(2) at the time of the effective date of the regu20 lations prescribed under this section shall be a member

21 of the Intelligence Community Senior Executive Service.

22 ‘‘(4) Upon the establishment of the Intelligence Com23 munity Senior Executive Service under this section, no in24 dividual may be selected for membership in the service un25 less such individual has served at least one assignment
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1 outside his or her employing agency. An assignment to the

2 Office of the Director of Central Intelligence shall be

3 treated as an assignment outside an individual’s employ4 ing agency (including an individual employed by the

5 Central Intelligence Agency) for purposes of this subpara6 graph.

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

8 The President, based upon the recommendations of the

9 Director of Central Intelligence, may award ranks to mem10 bers of the Intelligence Community Senior Executive Serv11 ice in a manner consistent with section 4507 of title 5,

12 United States Code.

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

14 Notwithstanding any other provision of law, the Director

15 of Central Intelligence—

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

17 the agency affected, detail or assign any member of

18 the Intelligence Community Senior Executive Service

19 to serve in any position in the intelligence commu20 nity; or

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

22 the agency affected, detail or assign any member of

23 the service to serve in any position in another Gov24 ernment agency or outside the Federal Government.
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1 ‘‘(2) A member of the Intelligence Community Senior

2 Executive Service may be detailed or assigned under para3 graph (1) only if such detail or assignment is for the bene4 fit of the intelligence community.

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

6 assignment lose any entitlement or status associated with

7 membership in the Intelligence Community Senior Execu8 tive Service.

9 ‘‘(f) ANNUAL REPORT.—The Director of Central In10 telligence shall submit to Congress each year, at the time

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

12 year, a report on the Intelligence Community Senior Exec13 utive Service. The report shall include, in the aggregate

14 and by agency—

15 ‘‘(1) the number of Intelligence Community

16 Senior Executive Service positions established as of

17 the end of the preceding fiscal year;

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

19 each rate of basic pay for the Intelligence Commu20 nity Senior Executive Service as of the end of the

21 preceding fiscal year;

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

23 awards paid to members of the Intelligence Commu24 nity Senior Executive Service during the preceding

25 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,

2 vice admiral, while serving in such position. A com3 missioned officer appointed by the President under

4 this paragraph shall not be counted against the

5 numbers and percentages of commissioned officers of

6 the rank and grade of such officer for the Armed

7 Force of 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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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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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.