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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 640 Introduced in Senate (IS)]

109th CONGRESS
  1st Session
                                 S. 640

To amend title 10, United States Code, to provide for the establishment 
of a unified combatant command for military intelligence, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 16, 2005

 Mr. Chambliss (for himself and Mr. Nelson of Nebraska) introduced the 
    following bill; which was read twice and referred to the Select 
                       Committee on Intelligence

_______________________________________________________________________

                                 A BILL

 
To amend title 10, United States Code, to provide for the establishment 
of a unified combatant command for military intelligence, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Intelligence Reorganization 
Act of 2005''.

SEC. 2. UNIFIED COMBATANT COMMAND FOR MILITARY INTELLIGENCE.

    (a) In General.--Chapter 6 of title 10, United States Code, is 
amended by inserting after section 167a the following new section:
``Sec. 167b. Unified combatant command for military intelligence
    ``(a) Establishment.--(1) With the advice and assistance of the 
Chairman of the Joint Chiefs of Staff, the President, through the 
Secretary of Defense, shall establish under section 161 of this title a 
unified combatant command for military intelligence (hereinafter in 
this section referred to as the `military intelligence command').
    ``(2) The principle functions of the military intelligence command 
are--
            ``(A) to coordinate the military intelligence activities 
        that support the Director of National Intelligence;
            ``(B) to represent the Department of Defense within the 
        intelligence community under the Director of National 
        Intelligence;
            ``(C) to ensure that intelligence collection requirements 
        for the armed forces are communicated to, and the fulfillment 
        of such requirements are coordinated with, the Director of 
        National Intelligence;
            ``(D) to coordinate all military intelligence activities; 
        and
            ``(E) to develop new military intelligence collection 
        capabilities.
    ``(b) Assignment of Forces and Civilian Personnel.--(1) Unless 
otherwise directed by the Secretary of Defense, all active and reserve 
military intelligence forces of the armed forces within the elements of 
the Department of Defense referred to in subsection (i)(2) shall be 
assigned to the military intelligence command.
    ``(2) Unless otherwise directed by the Secretary of Defense, the 
civilian personnel of the elements of the Department of Defense 
referred to in subsection (i)(2) shall be under the military 
intelligence command.
    ``(c) Grade of Commander.--(1) The commander of the military 
intelligence command shall hold the grade of general or, in the case of 
an officer of the Navy, admiral while serving in that position, without 
vacating that officer's permanent grade. The commander of such command 
shall be appointed by the President, by and with the consent of the 
Senate, for service in that position.
    ``(2) The officer appointed as commander of the military 
intelligence command shall not, while serving in that position, be 
counted against the numbers and percentages of officers of the grade of 
that officer authorized for the armed force of that officer.
    ``(d) Duties of Commander.--Unless otherwise directed by the 
President or the Secretary of Defense, the commander of the military 
intelligence command shall--
            ``(1) carry out intelligence collection and analysis 
        activities in response to requests from the Director of 
        National Intelligence;
            ``(2) serve as the principle advisor to the Secretary of 
        Defense, the Chairman of the Joint Chiefs of Staff, and the 
        Director of National Intelligence on all matters relating to 
        military intelligence; and
            ``(3) discharge any responsibilities assigned to the 
        commander under section 427(b) of this title.
    ``(e) Authority of Commander.--(1) In addition to the authority 
prescribed in section 164(c) of this title, the commander of the 
military intelligence command shall be responsible for, and shall have 
the authority to conduct, all affairs of the command relating to 
military intelligence activities.
    ``(2) The commander of the military intelligence command shall be 
responsible for, and shall have the authority to conduct, the following 
functions relating to military intelligence activities:
            ``(A) Developing strategy, doctrine, and tactics.
            ``(B) Establishing priorities for military intelligence in 
        harmony with national priorities established by the Director of 
        National Intelligence and approved by the President.
            ``(C) Ensuring the interoperability of intelligence sharing 
        within the Department of Defense and between the Department of 
        Defense and the intelligence community as a whole, as directed 
        by the Director of National Intelligence.
            ``(D) Serving as the program manager for the Joint Military 
        Intelligence Program (JMIP) and the Tactical Intelligence and 
        Related Activities (TIARA) program.
            ``(E) Preparing and submitting to the Secretary of Defense 
        and the Director of National Intelligence recommendations and 
        budget proposals for military intelligence forces and 
        activities.
            ``(F) Exercising authority, direction, and control over the 
        expenditure of funds for personnel and activities assigned to 
        the command.
            ``(G) Training military and civilian personnel assigned to 
        or under the command.
            ``(H) Conducting specialized courses of instruction for 
        military and civilian personnel assigned to or under the 
        command.
            ``(I) Validating requirements for military intelligence 
        activities.
            ``(J) Formulating and submitting requirements to other 
        commanders of the unified combatant commands to support 
        military intelligence activities.
    ``(3) The commander of the military intelligence command shall be 
responsible for--
            ``(A) ensuring that the military intelligence requirements 
        of the other unified combatant commanders are satisfied; and
            ``(B) responding to intelligence requirements levied by the 
        Director of National Intelligence.
    ``(4)(A) The commander of the military intelligence command shall 
be responsible for, and shall have the authority to conduct the 
development and acquisition of specialized technical intelligence 
capabilities.
    ``(B) Subject to the authority, direction, and control of the 
Secretary of Defense, the commander of the command, in carrying out the 
function under subparagraph (A), shall have authority to exercise the 
functions of the head of an agency under chapter 137 of this title.
    ``(f) Inspector General.--The staff of the commander of the 
military intelligence command shall include an inspector general who 
shall conduct internal audits and inspections of purchasing and 
contracting actions through the command and such other inspector 
general functions as may be assigned.
    ``(g) Budget.--In addition to the activities of a combatant 
commander for which funding may be requested under section 166(b) of 
this title, the budget proposal for the military intelligence command 
shall include requests for funding for--
            ``(1) development and acquisition of military intelligence 
        collection systems; and
            ``(2) acquisition of other material, supplies, or services 
        that are peculiar to military intelligence activities.
    ``(h) Regulations.--The Secretary of Defense shall prescribe 
regulations for the activities of the military intelligence command. 
The regulations shall include authorization for the commander of the 
command to provide for operational security of military intelligence 
forces, civilian personnel, and activities.
    ``(i) Identification of Military Intelligence Forces.--(1) For 
purposes of this section, military intelligence forces are the 
following:
            ``(A) The forces of the elements of the Department of 
        Defense referred to in paragraph (2) that carry out military 
        intelligence activities.
            ``(B) Any other forces of the armed forces that are 
        designated as military intelligence forces by the Secretary of 
        Defense.
    ``(2) The elements of the Department of Defense referred to in this 
paragraph are as follows:
            ``(A) The Defense Intelligence Agency.
            ``(B) Any intelligence activities or units of the military 
        departments designated by the Secretary of Defense for purposes 
        of this section.
    ``(j) Military Intelligence Activities.--For purposes of this 
section, military intelligence activities include each of the following 
insofar as it relates to military intelligence:
            ``(1) Intelligence collection.
            ``(2) Intelligence analysis.
            ``(3) Intelligence information management.
            ``(4) Intelligence workforce planning.
            ``(5) Such other activities as may be specified by the 
        President or the Secretary of Defense.
    ``(k) Intelligence Community Defined.--In this section, the term 
`intelligence community' means the elements of the intelligence 
community listed or designated under section 3(4) of the National 
Security Act of 1947 (50 U.S.C. 401a(4)).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
167a the following new item:

``167b. Unified combatant command for military intelligence.''.

SEC. 3. DIRECTION AND OVERSIGHT OF DEPARTMENT OF DEFENSE NATIONAL 
              INTELLIGENCE AGENCIES.

    (a) In General.--Subchapter I of chapter 21 of title 10, United 
States Code, is amended by adding at the end the following new section:
``Sec. 427. Department of Defense national intelligence agencies: 
              direction and oversight
    ``(a) In General.--Unless otherwise directed by the President, the 
Secretary of Defense shall direct, supervise, and oversee the head of 
each Department of Defense national intelligence agency in such 
official's exercise of the functions as head of such agency.
    ``(b) Discharge Through Commander of Military Intelligence 
Command.--(1) The Secretary of Defense may direct that communications 
between the Secretary and the head of a Department of Defense national 
intelligence agency be transmitted through the commander of the 
military intelligence command under section 167b of this title.
    ``(2) The Secretary of Defense may assign to the commander of the 
military intelligence command responsibility for directing, 
supervising, and overseeing the activities of any Department of Defense 
national intelligence agency.
    ``(c) Department of Defense National Intelligence Agency Defined.--
In this section, the term `Department of Defense national intelligence 
agency' means each of the following:
            ``(1) The National Security Agency.
            ``(2) The National Geospatial-Intelligence Agency.
            ``(3) The National Reconnaissance Office.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by adding at the end the following new item:

``427. Department of Defense national intelligence agencies: direction 
                            and oversight.''.

SEC. 4. MODIFICATION OF ELEMENTS OF THE INTELLIGENCE COMMUNITY.

    Section 3(4) of the National Security Act of 1947 (50 U.S.C. 
401a(4)), as amended by section 1073 of the National Security 
Intelligence Reform Act of 2004 (title I of Public Law 108-458), is 
further amended--
            (1) by striking subparagraph (D) and inserting the 
        following new subparagraph (D):
            ``(D) The military intelligence command.'';
            (2) by striking subparagraphs (G) and (H); and
            (3) by redesignating subparagraphs (I), (J), (K), and (L) 
        as subparagraphs (G), (H), (I), and (J), respectively.
                                 <all>
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