H. R. 3230—253
nation, with a goal of achieving by September 30, 2000, 75
percent of such costs. An increase in financial contributions
by any nation under this paragraph may include the elimination
of taxes, fees, or other charges levied on United States military
personnel, equipment, or facilities stationed in that nation.
(2) Increase its annual budgetary outlays for national
defense as a percentage of its gross domestic product by 10
percent or at least to a level commensurate to that of the
United States by September 30, 1997.
(3) Increase its annual budgetary outlays for foreign assist-
ance (to promote democratization, economic stabilization, trans-
parency arrangements, defense economic conversion, respect
for the rule of law, and internationally recognized human
rights) by 10 percent or at least to a level commensurate
to that of the United States by September 30, 1997.
(4) Increase the amount of military assets (including
personnel, equipment, logistics, support and other resources)
that it contributes, or would be prepared to contribute, to
multinational military activities worldwide.
(b) AUTHORITIES TO ENCOURAGE ACTIONS BY UNITED STATES
ALLIES.—In seeking the actions described in subsection (a) with
respect to any nation, or in response to a failure by any nation
to undertake one or more of such actions, the President may take
any of the following measures to the extent otherwise authorized
by law:
(1) Reduce the end strength level of members of the Armed
Forces assigned to permanent duty ashore in that nation.
(2) Impose on that nation fees or other charges similar
to those that such nation imposes on United States forces
stationed in that nation.
(3) Reduce (through rescission, impoundment, or other
appropriate procedures as authorized by law) the amount the
United States contributes to the NATO Civil Budget, Military
Budget, or Security Investment Program.
(4) Suspend, modify, or terminate any bilateral security
agreement the United States has with that nation, consistent
with the terms of such agreement.
(5) Reduce (through rescission, impoundment, or other
appropriate procedures as authorized by law) any United States
bilateral assistance appropriated for that nation.
(6) Take any other action the President determines to
be appropriate as authorized by law.
(c) 
REPORT
ON
PROGRESS
IN
INCREASING
ALLIED
BURDENSHARING.—Not later than March 1, 1997, the Secretary
of Defense shall submit to Congress a report on—
(1) steps taken by other nations to complete the actions
described in subsection (a);
(2) all measures taken by the President, including those
authorized in subsection (b), to achieve the actions described
in subsection (a); and
(3) the budgetary savings to the United States that are
expected to accrue as a result of the steps described under
paragraph (1).
(d) REPORT
ON NATIONAL SECURITY BASES
FOR FORWARD
DEPLOYMENT AND BURDENSHARING RELATIONSHIPS.—(1) In order
to ensure the best allocation of budgetary resources, the President
shall undertake a review of the status of elements of the United
H. R. 3230—254
States Armed Forces that are permanently stationed outside the
United States. The review shall include an assessment of the
following:
(A) The alliance requirements that are to be found in
agreements between the United States and other countries.
(B) The national security interests that support perma-
nently stationing elements of the United States Armed Forces
outside the United States.
(C) The stationing costs associated with the forward deploy-
ment of elements of the United States Armed Forces.
(D) The alternatives available to forward deployment (such
as material prepositioning, enhanced airlift and sealift, or joint
training operations) to meet such alliance requirements or
national security interests, with such alternatives identified
and described in detail.
(E) The costs and force structure configurations associated
with such alternatives to forward deployment.
(F) The financial contributions that allies of the United
States make to common defense efforts (to promote democra-
tization, economic stabilization, transparency arrangements,
defense economic conversion, respect for the rule of law, and
internationally recognized human rights).
(G) The contributions that allies of the United States make
to meeting the stationing costs associated with the forward
deployment of elements of the United States Armed Forces.
(H) The annual expenditures of the United States and
its allies on national defense, and the relative percentages
of each nation’s gross domestic product constituted by those
expenditures.
(2) The President shall submit to Congress a report on the
review under paragraph (1). The report shall be submitted not
later than March 1, 1997, in classified and unclassified form.
(e) REPORT DATE.—Section 1003(c) of Public Law 98–515 is
amended by striking out ‘‘each year’’ and inserting ‘‘by March 1,
1998, and every other year thereafter’’.
TITLE XI—NATIONAL IMAGERY AND
MAPPING AGENCY
Sec. 1101. Short title.
Sec. 1102. Findings.
Sec. 1103. Role of Director of Central Intelligence in appointment and evaluation
of certain intelligence officials.
Subtitle A—Establishment of Agency
Sec. 1111. Establishment.
Sec. 1112. Missions and authority.
Sec. 1113. Transfers of personnel and assets.
Sec. 1114. Compatibility with authority under the National Security Act of 1947.
Sec. 1115. Creditable civilian service for career conditional employees of the
Defense Mapping Agency.
Sec. 1116. Saving provisions.
Sec. 1117. Definitions.
Sec. 1118. Authorization of appropriations.
Subtitle B—Conforming Amendments and Effective Dates
Sec. 1121. Redesignation and repeals.
Sec. 1122. Reference amendments.
Sec. 1123. Headings and clerical amendments.
Sec. 1124. Effective date.
H. R. 3230—255
SEC. 1101. SHORT TITLE.
This title may be cited as the ‘‘National Imagery and Mapping
Agency Act of 1996’’.
SEC. 1102. FINDINGS.
Congress makes the following findings:
(1) There is a need within the Department of Defense
and the Intelligence Community of the United States to provide
a single agency focus for the growing number and diverse
types of customers for imagery and geospatial information
resources within the Government, to ensure visibility and
accountability for those resources, and to harness, leverage,
and focus rapid technological developments to serve the
imagery, imagery intelligence, and geospatial information cus-
tomers.
(2) There is a need for a single Government agency to
solicit and advocate the needs of that growing and diverse
pool of customers.
(3) A single combat support agency dedicated to imagery,
imagery intelligence, and geospatial information could act as
a focal point for support of all imagery intelligence and
geospatial information customers, including customers in the
Department of Defense, the Intelligence Community, and
related agencies outside of the Department of Defense.
(4) Such an agency would best serve the needs of the
imagery, imagery intelligence, and geospatial information cus-
tomers if it were organized—
(A) to carry out its mission responsibilities under the
authority, direction, and control of the Secretary of Defense,
with the advice of the Chairman of the Joint Chiefs of
Staff; and
(B) to carry out its responsibilities to national intel-
ligence customers in accordance with policies and priorities
established by the Director of Central Intelligence.
SEC. 1103. ROLE OF DIRECTOR OF CENTRAL INTELLIGENCE IN
APPOINTMENT AND EVALUATION OF CERTAIN INTEL-
LIGENCE OFFICIALS.
(a) IN GENERAL.—Section 201 of title 10, United States Code,
is amended to read as follows:
‘‘§ 201. Certain 
intelligence 
officials: 
consultation 
and
concurrence regarding appointments; evaluation of
performance
‘‘(a) CONSULTATION REGARDING APPOINTMENT.—Before submit-
ting a recommendation to the President regarding the appointment
of an individual to the position of Director of the Defense Intel-
ligence Agency, the Secretary of Defense shall consult with the
Director of Central Intelligence regarding the recommendation.
‘‘(b) CONCURRENCE IN APPOINTMENT.—(1) Before submitting a
recommendation to the President regarding the appointment of
an individual to a position referred to in paragraph (2), the Sec-
retary of Defense shall seek the concurrence of the Director of
Central Intelligence in the recommendation. If the Director does
not concur in the recommendation, the Secretary may make the
recommendation to the President without the Director’s concur-
H. R. 3230—256
rence, but shall include in the recommendation a statement that
the Director does not concur in the recommendation.
‘‘(2) Paragraph (1) applies to the following positions:
‘‘(A) The Director of the National Security Agency.
‘‘(B) The Director of the National Reconnaissance Office.
‘‘(C) The Director of the National Imagery and Mapping
Agency.
‘‘(c) PERFORMANCE EVALUATIONS.—(1) The Director of Central
Intelligence shall provide annually to the Secretary of Defense,
for the Secretary’s consideration, an evaluation of the performance
of the individuals holding the positions referred to in paragraph
(2) in fulfilling their respective responsibilities with regard to the
National Foreign Intelligence Program.
‘‘(2) The positions referred to in paragraph (1) are the following:
‘‘(A) The Director of the National Security Agency.
‘‘(B) The Director of the National Reconnaissance Office.
‘‘(C) The Director of the National Imagery and Mapping
Agency.’’.
(b) CLERICAL AMENDMENT.—The item relating to section 201
in the table of sections at the beginning of subchapter II of chapter
8 of such title is amended to read as follows:
‘‘201. Certain intelligence officials: consultation and concurrence regarding appoint-
ments; evaluation of performance.’’.
Subtitle A—Establishment of Agency
SEC. 1111. ESTABLISHMENT.
(a) ESTABLISHMENT.—There is hereby established in the Depart-
ment of Defense a Defense Agency to be known as the National
Imagery and Mapping Agency.
(b) TRANSFER OF FUNCTIONS FROM DEPARTMENT OF DEFENSE
ENTITIES.—The missions and functions of the following elements
of the Department of Defense are transferred to the National
Imagery and Mapping Agency:
(1) The Defense Mapping Agency.
(2) The Central Imagery Office.
(3) Other elements of the Department of Defense as speci-
fied in the classified annex to this Act.
(c) TRANSFER
OF FUNCTIONS FROM CENTRAL INTELLIGENCE
AGENCY.—The missions and functions of the following elements
of the Central Intelligence Agency are transferred to the National
Imagery and Mapping Agency:
(1) The National Photographic Interpretation Center.
(2) Other elements of the Central Intelligence Agency as
specified in the classified annex to this Act.
(d) PRESERVATION OF LEVEL AND QUALITY OF IMAGERY INTEL-
LIGENCE SUPPORT TO ALL-SOURCE ANALYSIS AND PRODUCTION.—
In managing the establishment of the National Imagery and Map-
ping Agency, the Secretary of Defense, in consultation with the
Director of Central Intelligence, shall ensure that imagery intel-
ligence support provided to all-source analysis and production is
in no way degraded or compromised.
SEC. 1112. MISSIONS AND AUTHORITY.
(a) AGENCY CHARTER.—Part I of subtitle A of title 10, United
States Code, is amended—
H. R. 3230—257
(1) by redesignating chapter 22 as chapter 23; and
(2) by inserting after chapter 21 the following new
chapter 22:
‘‘CHAPTER 22—NATIONAL IMAGERY AND MAPPING
AGENCY
‘‘Subchapter
Sec.
‘‘I. Missions and Authority ....................................................................................
441
‘‘II. Maps, Charts, and Geodetic Products ............................................................
451
‘‘III. Personnel Management .................................................................................
461
‘‘IV. Definitions .......................................................................................................
467
‘‘SUBCHAPTER I—MISSIONS AND AUTHORITY
‘‘Sec.
‘‘441. Establishment.
‘‘442. Missions.
‘‘443. Imagery intelligence and geospatial information: support for foreign countries.
‘‘444. Support from Central Intelligence Agency.
‘‘445. Protection of agency identifications and organizational information.
‘‘§ 441. Establishment
‘‘(a) ESTABLISHMENT.—The National Imagery and Mapping
Agency is a combat support agency of the Department of Defense
and has significant national missions.
‘‘(b) DIRECTOR.—(1) The Director of the National Imagery and
Mapping Agency is the head of the agency.
‘‘(2) Upon a vacancy in the position of Director, the Secretary
of Defense shall recommend to the President an individual for
appointment to the position.
‘‘(3) If an officer of the armed forces on active duty is appointed
to the position of Director, the position shall be treated as having
been designated by the President as a position of importance and
responsibility for purposes of section 601 of this title and shall
carry the grade of lieutenant general, or, in the case of an officer
of the Navy, vice admiral.
‘‘(c) DIRECTOR OF CENTRAL INTELLIGENCE COLLECTION TASKING
AUTHORITY.—Unless otherwise directed by the President, the Direc-
tor of Central Intelligence shall have authority (except as otherwise
agreed by the Director and the Secretary of Defense) to—
‘‘(1) approve collection requirements levied on national
imagery collection assets;
‘‘(2) determine priorities for such requirements; and
‘‘(3) resolve conflicts in such priorities.
‘‘(d) AVAILABILITY AND CONTINUED IMPROVEMENT OF IMAGERY
INTELLIGENCE SUPPORT TO ALL-SOURCE ANALYSIS AND PRODUCTION
FUNCTION.—The Secretary of Defense, in consultation with the
Director of Central Intelligence, shall take all necessary steps to
ensure the full availability and continued improvement of imagery
intelligence support for all-source analysis and production.
‘‘§ 442. Missions
‘‘(a) NATIONAL SECURITY MISSIONS.—(1) The National Imagery
and Mapping Agency shall, in support of the national security
objectives of the United States, provide the following:
‘‘(A) Imagery.
‘‘(B) Imagery intelligence.
‘‘(C) Geospatial information.
H. R. 3230—258
‘‘(2) Imagery, intelligence, and information provided in carrying
out paragraph (1) shall be timely, relevant, and accurate.
‘‘(b) NAVIGATION INFORMATION.—The National Imagery and
Mapping Agency shall improve means of navigating vessels of the
Navy and the merchant marine by providing, under the authority
of the Secretary of Defense, accurate and inexpensive nautical
charts, sailing directions, books on navigation, and manuals of
instructions for the use of all vessels of the United States and
of navigators generally.
‘‘(c) MAPS, CHARTS, ETC.—The National Imagery and Mapping
Agency shall prepare and distribute maps, charts, books, and geo-
detic products as authorized under subchapter II of this chapter.
‘‘(d) NATIONAL MISSIONS.—The National Imagery and Mapping
Agency also has national missions as specified in section 120(a)
of the National Security Act of 1947.
‘‘(e) SYSTEMS.—The National Imagery and Mapping Agency
may, in furtherance of a mission of the Agency, design, develop,
deploy, operate, and maintain systems related to the processing
and dissemination of imagery intelligence and geospatial informa-
tion that may be transferred to, accepted or used by, or used
on behalf of—
‘‘(1) the armed forces, including any combatant command,
component of a combatant command, joint task force, or tactical
unit; or
‘‘(2) any other department or agency of the United States.
‘‘§ 443. Imagery intelligence and geospatial information: sup-
port for foreign countries
‘‘(a) USE
OF
APPROPRIATED
FUNDS.—The Director of the
National Imagery and Mapping Agency may use appropriated funds
available to the National Imagery and Mapping Agency to provide
foreign countries with imagery intelligence and geospatial informa-
tion support.
‘‘(b) USE OF FUNDS OTHER THAN APPROPRIATED FUNDS.—The
Director may use funds other than appropriated funds to provide
foreign countries with imagery intelligence and geospatial informa-
tion support, notwithstanding provisions of law relating to the
expenditure of funds of the United States, except that—
‘‘(1) no such funds may be expended, in whole or in part,
by or for the benefit of the National Imagery and Mapping
Agency for a purpose for which Congress had previously denied
funds.
‘‘(2) proceeds from the sale of imagery intelligence or
geospatial information items may be used only to purchase
replacement items similar to the items that are sold; and
‘‘(3) the authority provided by this subsection may not
be used to acquire items or services for the principal benefit
of the United States.
‘‘(c) ACCOMMODATION PROCUREMENTS.—The authority under
this section may be exercised to conduct accommodation procure-
ments on behalf of foreign countries.
‘‘(d) COORDINATION
WITH
DIRECTOR
OF
CENTRAL
INTEL-
LIGENCE.—The Director of the Agency shall coordinate with the
Director of Central Intelligence any action under this section that
involves imagery intelligence or intelligence products or involves
providing support to an intelligence or security service of a foreign
country.
H. R. 3230—259
‘‘§ 444. Support from Central Intelligence Agency
‘‘(a) SUPPORT AUTHORIZED.—The Director of Central Intel-
ligence may provide support in accordance with this section to
the Director of the National Imagery and Mapping Agency. The
Director of the National Imagery and Mapping Agency may accept
support provided under this section.
‘‘(b) ADMINISTRATIVE AND CONTRACT SERVICES.—(1) In further-
ance of the national intelligence effort, the Director of Central
Intelligence may provide administrative and contract services to
the National Imagery and Mapping Agency as if that agency were
an organizational element of the Central Intelligence Agency.
‘‘(2) Services provided under paragraph (1) may include the
services of security police. For purposes of section 15 of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403o), an installation
of the National Imagery and Mapping Agency that is provided
security police services under this section shall be considered an
installation of the Central Intelligence Agency.
‘‘(3) Support provided under this subsection shall be provided
under terms and conditions agreed upon by the Secretary of Defense
and the Director of Central Intelligence.
‘‘(c) DETAIL
OF PERSONNEL.—The Director of Central Intel-
ligence may detail personnel of the Central Intelligence Agency
indefinitely to the National Imagery and Mapping Agency without
regard to any limitation on the duration of interagency details
of Federal Government personnel.
‘‘(d) REIMBURSABLE OR NONREIMBURSABLE SUPPORT.—Support
under this section may be provided and accepted on either a
reimbursable basis or a nonreimbursable basis.
‘‘(e) AUTHORITY TO TRANSFER FUNDS.—(1) The Director of the
National Imagery and Mapping Agency may transfer funds avail-
able for that agency to the Director of Central Intelligence for
the Central Intelligence Agency.
‘‘(2) The Director of Central Intelligence—
‘‘(A) may accept funds transferred under paragraph
(1); and
‘‘(B) shall expend such funds, in accordance with the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et
seq.), to provide administrative and contract services or detail
personnel to the National Imagery and Mapping Agency under
this section.
‘‘§ 445. Protection of agency identifications and organiza-
tional information
‘‘(a) UNAUTHORIZED USE OF AGENCY NAME, INITIALS, OR SEAL.—
(1) Except with the written permission of the Secretary of Defense,
no person may knowingly use, in connection with any merchandise,
retail product, impersonation, solicitation, or commercial activity
in a manner reasonably calculated to convey the impression that
such use is approved, endorsed, or authorized by the Secretary
of Defense, any of the following:
‘‘(A) The words ‘National Imagery and Mapping Agency’,
the initials ‘NIMA’, or the seal of the National Imagery and
Mapping Agency.
‘‘(B) The words ‘Defense Mapping Agency’, the initials
‘DMA’, or the seal of the Defense Mapping Agency.
‘‘(C) Any colorable imitation of such words, initials, or
seals.
H. R. 3230—260
‘‘(2) Whenever it appears to the Attorney General that any
person is engaged or about to engage in an act or practice which
constitutes or will constitute conduct prohibited by paragraph (1),
the Attorney General may initiate a civil proceeding in a district
court of the United States to enjoin such act or practice. Such
court shall proceed as soon as practicable to a hearing and deter-
mination of such action and may, at any time before such final
determination, enter such restraining orders or prohibitions, or
take such other action as is warranted, to prevent injury to the
United States or to any person or class of persons for whose protec-
tion the action is brought.
‘‘SUBCHAPTER II—MAPS, CHARTS, AND GEODETIC
PRODUCTS
‘‘Sec.
‘‘451. Maps, charts, and books.
‘‘452. Pilot charts.
‘‘453. Prices of maps, charts, and navigational publications.
‘‘454. Exchange of mapping, charting, and geodetic data with foreign countries and
international organizations.
‘‘455. Maps, charts, and geodetic data: public availability; exceptions.
‘‘456. Civil actions barred.
‘‘SUBCHAPTER III—PERSONNEL MANAGEMENT
‘‘Sec.
‘‘461. Management rights.
‘‘§ 461. Management rights
‘‘(a) SCOPE.—If there is no obligation under the provisions of
chapter 71 of title 5 for the head of an agency of the United
States to consult or negotiate with a labor organization on a particu-
lar matter by reason of that matter being covered by a provision
of law or a Governmentwide regulation, the Director of the National
Imagery and Mapping Agency is not obligated to consult or negotiate
with a labor organization on that matter even if that provision
of law or regulation is inapplicable to the National Imagery and
Mapping Agency.
‘‘(b) BARGAINING UNITS.—The National Imagery and Mapping
Agency shall accord exclusive recognition to a labor organization
under section 7111 of title 5 only for a bargaining unit that was
recognized as appropriate for the Defense Mapping Agency on the
day before the date on which employees and positions of the Defense
Mapping Agency in that bargaining unit became employees and
positions of the National Imagery and Mapping Agency under the
National Imagery and Mapping Agency Act of 1996 (title XI of
the National Defense Authorization Act for Fiscal Year 1997).
‘‘(c) TERMINATION OF BARGAINING UNIT COVERAGE OF POSITION
MODIFIED TO AFFECT NATIONAL SECURITY DIRECTLY.—(1) If the
Director of the National Imagery and Mapping Agency determines
that the responsibilities of a position within a collective bargaining
unit should be modified to include intelligence, counterintelligence,
investigative, or security duties not previously assigned to that
position and that the performance of the newly assigned duties
directly affects the national security of the United States, then,
upon such a modification of the responsibilities of that position,
the position shall cease to be covered by the collective bargaining
unit and the employee in that position shall cease to be entitled
H. R. 3230—261
to representation by a labor organization accorded exclusive recogni-
tion for that collective bargaining unit.
‘‘(2) A determination described in paragraph (1) that is made
by the Director of the National Imagery and Mapping Agency
may not be reviewed by the Federal Labor Relations Authority
or any court of the United States.
‘‘SUBCHAPTER IV—DEFINITIONS
‘‘Sec.
‘‘467. Definitions.
‘‘§ 467. Definitions
‘‘In this chapter:
‘‘(1) The term ‘function’ means any duty, obligation, respon-
sibility, privilege, activity, or program.
‘‘(2)(A) The term ‘imagery’ means, except as provided in
subparagraph (B), a likeness or presentation of any natural
or manmade feature or related object or activity and the posi-
tional data acquired at the same time the likeness or represen-
tation was acquired, including—
‘‘(i) products produced by space-based national intel-
ligence reconnaissance systems; and
‘‘(ii) likenesses or presentations produced by satellites,
airborne platforms, unmanned aerial vehicles, or other
similar means.
‘‘(B) Such term does not include handheld or clandestine
photography taken by or on behalf of human intelligence collec-
tion organizations.
‘‘(3) The term ‘imagery intelligence’ means the technical,
geographic, and intelligence information derived through the
interpretation or analysis of imagery and collateral materials.
‘‘(4) The term ‘geospatial information’ means information
that identifies the geographic location and characteristics of
natural or constructed features and boundaries on the earth
and includes—
‘‘(A) statistical data and information derived from,
among other things, remote sensing, mapping, and survey-
ing technologies;
‘‘(B) mapping, charting, and geodetic data; and
‘‘(C) geodetic products, as defined in section 455(c)
of this title.’’.
(b) TRANSFER OF DEFENSE MAPPING AGENCY PROVISIONS.—(1)
Sections 2792, 2793, 2794, 2795, 2796, and 2798 of title 10, United
States Code, are transferred to subchapter II of chapter 22
of such title, as added by subsection (a), inserted in that sequence
in such subchapter following the table of sections, and redesignated
in accordance with the following table:
Section
Section as
transferred
redesignated
2792 ..................................................................................................................
451
2793 ..................................................................................................................
452
2794 ..................................................................................................................
453
2795 ..................................................................................................................
454
2796 ..................................................................................................................
455
2798 ..................................................................................................................
456.
(2) Sections 451(1), 452, 453, 454, and 455 (in subsections
(a) and (b)(1)(C)), and 456 of title 10, United States Code, as
H. R. 3230—262
transferred and redesignated by paragraph (1), are amended by
striking out ‘‘Defense Mapping Agency’’ each place it appears and
inserting in lieu thereof ‘‘National Imagery and Mapping Agency’’.
(c) OVERSIGHT OF AGENCY AS A COMBAT SUPPORT AGENCY.—
Section 193 of title 10, United States Code, is amended—
(1) in subsection (d)—
(A) by striking out the caption and inserting in lieu
thereof ‘‘REVIEW
OF NATIONAL SECURITY AGENCY
AND
NATIONAL IMAGERY AND MAPPING AGENCY.—’’;
(B) in paragraph (1)—
(i) by inserting ‘‘and the National Imagery and
Mapping Agency’’ after ‘‘the National Security Agency’’;
and
(ii) by striking out ‘‘the Agency’’ and inserting in
lieu thereof ‘‘that the agencies’’; and
(C) in paragraph (2), by inserting ‘‘and the National
Imagery and Mapping Agency’’ after ‘‘the National Security
Agency’’;
(2) in subsection (e)—
(A) by striking out ‘‘DIA AND NSA’’ in the caption
and inserting in lieu thereof the following: ‘‘DIA, NSA,
AND NIMA’’; and
(B) by striking out ‘‘and the National Security Agency’’
and inserting in lieu thereof ‘‘, the National Security
Agency, and the National Imagery and Mapping Agency’’;
and
(3) in subsection (f), by striking out paragraph (4) and
inserting in lieu thereof the following:
‘‘(4) The National Imagery and Mapping Agency.’’.
(d) CONSOLIDATION
AND
STANDARDIZATION
OF
EXEMPTIONS
FROM DISCLOSURE OF ORGANIZATIONAL AND PERSONNEL INFORMA-
TION.—Chapter 21 of title 10, United States Code, is amended
by striking out sections 424 and 425 and inserting in lieu thereof
the following:
‘‘§ 424. Disclosure of organizational and personnel informa-
tion: exemption for Defense Intelligence Agency,
National Reconnaissance Office, and National
Imagery and Mapping Agency
‘‘(a) EXEMPTION FROM DISCLOSURE.—Except as required by the
President or as provided in subsection (c), no provision of law
shall be construed to require the disclosure of—
‘‘(1) the organization or any function of an organization
of the Department of Defense named in subsection (b); or
‘‘(2) the number of persons employed by or assigned or
detailed to any such organization or the name, official title,
occupational series, grade, or salary of any such person.
‘‘(b) COVERED ORGANIZATIONS.—This section applies to the fol-
lowing organizations of the Department of Defense:
‘‘(1) The Defense Intelligence Agency.
‘‘(2) The National Reconnaissance Office.
‘‘(3) The National Imagery and Mapping Agency.
‘‘(c) PROVISION OF INFORMATION TO CONGRESS.—Subsection (a)
does not apply with respect to the provision of information to
Congress.’’.
(e) SPECIAL PRINTING AUTHORITY
FOR AGENCY.—(1) Section
207(a)(2)(B) of the Legislative Branch Appropriations Act, 1993
H. R. 3230—263
(Public Law 102–392; 44 U.S.C. 501 note), is amended by inserting
‘‘National Imagery and Mapping Agency,’’ after ‘‘Defense Intel-
ligence Agency,’’.
(2) Section 1336 of title 44, United States Code, is amended—
(A) by striking out ‘‘Secretary of the Navy’’ and inserting
in lieu thereof ‘‘Director of the National Imagery and Mapping
Agency’’; and
(B) by striking out ‘‘United States Naval Oceanographic
Office’’ and inserting in lieu thereof ‘‘National Imagery and
Mapping Agency’’.
SEC. 1113. TRANSFERS OF PERSONNEL AND ASSETS.
(a) PERSONNEL AND ASSETS.—Subject to subsections (b) and
(c), the personnel, assets, unobligated balances of appropriations
and authorizations of appropriations, and, to the extent jointly
determined appropriate by the Secretary of Defense and Director
of Central Intelligence, obligated balances of appropriations and
authorizations of appropriations employed, used, held, arising from,
or available in connection with the missions and functions trans-
ferred under section 1111(b) or section 1111(c) are transferred to
the National Imagery and Mapping Agency. Transfers of appropria-
tions from the Central Intelligence Agency under this subsection
shall be made in accordance with section 1531 of title 31, United
States Code.
(b) DETERMINATION OF CIA POSITIONS TO BE TRANSFERRED.—
Not earlier than two years after the effective date of this subtitle,
the Secretary of Defense and the Director of Central Intelligence
shall determine which, if any, positions and personnel of the Central
Intelligence Agency are to be transferred to the National Imagery
and Mapping Agency. The positions to be transferred, and the
employees serving in such positions, shall be transferred to the
National Imagery and Mapping Agency under terms and conditions
prescribed by the Secretary of Defense and the Director of Central
Intelligence.
(c) RULE FOR CIA IMAGERY ACTIVITIES ONLY PARTIALLY TRANS-
FERRED.—If the National Photographic Interpretation Center of the
Central Intelligence Agency or any imagery-related activity of the
Central Intelligence Agency authorized to be performed by the
National Imagery and Mapping Agency is not completely trans-
ferred to the National Imagery and Mapping Agency, the Secretary
of Defense and the Director of Central Intelligence shall—
(1) jointly determine which, if any, contracts, leases, prop-
erty, and records employed, used, held, arising from, available
to, or otherwise relating to such Center or activity is to be
transferred to the National Imagery and Intelligence Agency;
and
(2) provide by written agreement for the transfer of such
items.
SEC. 1114. COMPATIBILITY WITH AUTHORITY UNDER THE NATIONAL
SECURITY ACT OF 1947.
(a) AGENCY FUNCTIONS.—Paragraph (2) of section 105(b) of
the National Security Act of 1947 (50 U.S.C. 403–5(b)) is amended
to read as follows:
‘‘(2) through the National Imagery and Mapping Agency
(except as otherwise directed by the President or the National
Security Council), with appropriate representation from the
H. R. 3230—264
intelligence community, the continued operation of an effective
unified organization within the Department of Defense—
‘‘(A) for carrying out tasking of imagery collection;
‘‘(B) for the coordination of imagery processing and
exploitation activities;
‘‘(C) for ensuring the dissemination of imagery in a
timely manner to authorized recipients; and
‘‘(D) notwithstanding any other provision of law, for—
‘‘(i) prescribing technical architecture and stand-
ards related to imagery intelligence and geospatial
information and ensuring compliance with such
architecture and standards; and
‘‘(ii) developing and fielding systems of common
concern related to imagery intelligence and geospatial
information;’’.
(b) NATIONAL MISSION.—Title I of such Act (50 U.S.C. 402
et seq.) is amended by adding at the end the following new section:
‘‘NATIONAL MISSION OF NATIONAL IMAGERY AND MAPPING AGENCY
‘‘SEC. 120. (a) IN GENERAL.—In addition to the Department
of Defense missions set forth in section 442 of title 10, United
States Code, the National Imagery and Mapping Agency shall sup-
port the imagery requirements of the Department of State and
other departments and agencies of the United States outside the
Department of Defense.
‘‘(b) REQUIREMENTS AND PRIORITIES.—The Director of Central
Intelligence shall establish requirements and priorities governing
the collection of national intelligence by the National Imagery and
Mapping Agency under subsection (a).
‘‘(c) CORRECTION
OF DEFICIENCIES.—The Director of Central
Intelligence shall develop and implement such programs and poli-
cies as the Director and the Secretary of Defense jointly determine
necessary to review and correct deficiencies identified in the
capabilities of the National Imagery and Mapping Agency to accom-
plish assigned national missions, including support to the all-source
analysis and production process. The Director shall consult with
the Secretary of Defense on the development and implementation
of such programs and policies. The Secretary shall obtain the advice
of the Chairman of the Joint Chiefs of Staff regarding the matters
on which the Director and the Secretary are to consult under
the preceding sentence.’’.
(c) TASKING OF IMAGERY ASSETS.—Title I of such Act is further
amended by adding at the end the following new section:
‘‘COLLECTION TASKING AUTHORITY
‘‘SEC. 121. Unless otherwise directed by the President, the
Director of Central Intelligence shall have authority (except as
otherwise agreed by the Director and the Secretary of Defense)
to—
‘‘(1) approve collection requirements levied on national
imagery collection assets;
‘‘(2) determine priorities for such requirements; and
‘‘(3) resolve conflicts in such priorities.’’.
H. R. 3230—265
(d) CLERICAL AMENDMENT.—The table of contents in the first
section of such Act is amended by inserting after the item relating
to section 109 the following new items:
‘‘Sec. 120. National mission of National Imagery and Mapping Agency.
‘‘Sec. 121. Collection tasking authority.’’.
SEC. 1115. CREDITABLE CIVILIAN SERVICE FOR CAREER CONDI-
TIONAL EMPLOYEES OF THE DEFENSE MAPPING AGENCY.
In the case of an employee of the National Imagery and Map-
ping Agency who, on the day before the effective date of this
title, was an employee of the Defense Mapping Agency in a career-
conditional status, the continuous service of that employee as an
employee of the National Imagery and Mapping Agency on and
after such date shall be considered creditable service for the purpose
of any determination of the career status of the employee.
SEC. 1116. SAVING PROVISIONS.
(a) CONTINUING EFFECT ON LEGAL DOCUMENTS.—All orders,
determinations, rules, regulations, permits, agreements, inter-
national agreements, grants, contracts, leases, certificates, licenses,
registrations, privileges, and other administrative actions—
(1) which have been issued, made, granted, or allowed
to become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction, in
connection with any of the functions which are transferred
under this title or any function that the National Imagery
and Mapping Agency is authorized to perform by law, and
(2) which are in effect at the time this title takes effect,
or were final before the effective date of this title and are
to become effective on or after the effective date of this title,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with
law by the President, the Secretary of Defense, the Director of
the National Imagery and Mapping Agency or other authorized
official, a court of competent jurisdiction, or by operation of law.
(b) PROCEEDINGS NOT AFFECTED.—This title and the amend-
ments made by this title shall not affect any proceedings, including
notices of proposed rulemaking, or any application for any license,
permit, certificate, or financial assistance pending before an element
of the Department of Defense or Central Intelligence Agency at
the time this title takes effect, with respect to function of that
element transferred by section 1122, but such proceedings and
applications shall be continued. Orders shall be issued in such
proceedings, appeals shall be taken therefrom, and payments shall
be made pursuant to such orders, as if this title had not been
enacted, and orders issued in any such proceedings shall continue
in effect until modified, terminated, superseded, or revoked by
a duly authorized official, by a court of competent jurisdiction,
or by operation of law. Nothing in this section shall be deemed
to prohibit the discontinuance or modification of any such proceed-
ing under the same terms and conditions and to the same extent
that such proceeding could have been discontinued or modified
if this title had not been enacted.
SEC. 1117. DEFINITIONS.
In this subtitle, the terms ‘‘function’’, ‘‘imagery’’, ‘‘imagery intel-
ligence’’, and ‘‘geospatial information’’ have the meanings given
H. R. 3230—266
those terms in section 467 of title 10, United States Code, as
added by section 1112.
SEC. 1118. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for the National
Imagery and Mapping Agency for fiscal year 1997 in amounts
and for purposes, and subject to the terms, conditions, limitations,
restrictions, and requirements, that are set forth in the Classified
Annex to this Act.
Subtitle B—Conforming Amendments and
Effective Dates
SEC. 1121. REDESIGNATION AND REPEALS.
(a) REDESIGNATION.—Chapter 23 of title 10, United States Code
(as redesignated by section 1112(a)(1)) is amended by redesignating
the sections in that chapter as sections 481 and 482, respectively.
(b) REPEAL OF SUPERSEDED LAW.—Chapter 167 of such title,
as amended by section 1112(b), is repealed.
SEC. 1122. REFERENCE AMENDMENTS.
(a) TITLE 5, UNITED STATES CODE.—Title 5, United States
Code, is amended as follows:
(1) CENTRAL IMAGERY OFFICE.—Sections 2302(a)(2)(C)(ii),
3132(a)(1)(B), 4301(1) (in clause (ii)), 4701(a)(1)(B), 5102(a)(1)
(in 
clause 
(xi)), 
5342(a)(1)(L), 
6339(a)(1)(E), 
and
7323(b)(2)(B)(i)(XIII) are amended by striking out ‘‘Central
Imagery Office’’ and inserting in lieu thereof ‘‘National Imagery
and Mapping Agency’’.
(2) 
DIRECTOR, 
CENTRAL
IMAGERY
OFFICE.—Section
6339(a)(2)(E) is amended by striking out ‘‘Central Imagery
Office, the Director of the Central Imagery Office’’ and inserting
in lieu thereof ‘‘National Imagery and Mapping Agency, the
Director of the National Imagery and Mapping Agency’’.
(b) OTHER LAWS.—The following provisions of law are amended
by striking out ‘‘Central Imagery Office’’ and inserting in lieu thereof
‘‘National Imagery and Mapping Agency’’:
(1) NATIONAL SECURITY ACT OF 1947.—Section 3(4)(E) of
the National Security Act of 1947 (50 U.S.C. 401a(4)(E)).
(2) ETHICS IN GOVERNMENT ACT OF 1978.—Section 105(a)
of the Ethics in Government Act of 1978 (Public Law
95–521; 5 U.S.C. App. 4).
(3) 
EMPLOYEE
POLYGRAPH
PROTECTION
ACT.—Section
7(b)(2)(A)(i) of the Employee Polygraph Protection Act of 1988
(Public Law 100–347; 29 U.S.C. 2006(b)(2)(A)(i)).
(c) CROSS REFERENCE.—Section 82 of title 14, United States
Code, is amended by striking out ‘‘chapter 167’’ and inserting in
lieu thereof ‘‘subchapter II of chapter 22’’.
SEC. 1123. HEADINGS AND CLERICAL AMENDMENTS.
(a) TITLE 10, UNITED STATES CODE.—
(1) The table of chapters at the beginning of subtitle A
of title 10, United States Code, is amended—
(A) by striking out the item relating to chapter 22
and inserting in lieu thereof the following:
H. R. 3230—267
‘‘22. National Imagery and Mapping Agency ...............................................
441
‘‘23. Miscellaneous Studies and Reports .......................................................
471’’;
and
(B) by striking out the item relating to chapter 167.
(2) The table of chapters at the beginning of part I of
such subtitle is amended by striking out the item relating
to chapter 22 and inserting in lieu thereof the following:
‘‘22. National Imagery and Mapping Agency ...............................................
441
‘‘23. Miscellaneous Studies and Reports .......................................................
471’’;
(3) The table of chapters at the beginning of part IV of
such subtitle is amended by striking out the item relating
to chapter 167.
(4) The items in the table of sections at the beginning
of chapter 23 of title 10, United States Code (as redesignated
by section 1112(a)(1)), are revised so as to reflect the redesigna-
tions made by section 1121(a).
(b) TITLE 44, UNITED STATES CODE.—
(1) The heading of section 1336 of title 44, United States
Code, is amended to read as follows:
‘‘§ 1336. National Imagery and Mapping Agency: special
publications’’.
(2) The item relating to that section in the tables of sections
at the beginning of chapter 13 of such title is amended to
read as follows:
‘‘1336. National Imagery and Mapping Agency: special publications.’’.
SEC. 1124. EFFECTIVE DATE.
This title and the amendments made by this title shall take
effect on October 1, 1996, or the date of the enactment of this
Act, whichever is later.
TITLE XII—RESERVE FORCES
REVITALIZATION
TITLE XII—RESERVE FORCES REVITALIZATION
Sec. 1201. Short title.
Sec. 1202. Purpose.
Subtitle A—Reserve Component Structure
Sec. 1211. Reserve component commands.
Sec. 1212. Reserve component chiefs.
Sec. 1213. Review of active duty and Reserve general and flag officer authoriza-
tions.
Sec. 1214. Guard and Reserve technicians.
Subtitle B—Reserve Component Accessibility
Sec. 1231. Report to Congress on measures to improve National Guard and Reserve
ability to respond to emergencies.
Sec. 1232. Report to Congress concerning tax incentives for employers of members
of Reserve components.
Sec. 1233. Report to Congress concerning income insurance program for activated
Reservists.
Sec. 1234. Report to Congress concerning small business loans for members
released from Reserve service during contingency operations.
Subtitle C—Reserve Forces Sustainment
Sec. 1251. Report concerning tax deductibility of nonreimbursable expenses.
Sec. 1252. Authority to pay transient housing charges for members performing
active duty for training.
H. R. 3230—270
‘‘(2) except as otherwise directed by the Secretary of
Defense in the case of forces assigned to carry out functions
of the Secretary of the Air Force specified in section 8013
of this title, shall assign to the combatant commands all such
forces assigned to the Air Force Reserve Command under para-
graph (1) in the manner specified by the Secretary of Defense.’’.
(2) The tables of chapters at the beginning of part I of such
subtitle and at the beginning of such subtitle are each amended
by inserting after the item relating to chapter 1005 the following
new item:
‘‘1006. Reserve Component Commands .........................................................10171’’.
(b) CONFORMING REPEAL.—Section 903 of the National Defense
Authorization Act for Fiscal Year 1991 (10 U.S.C. 3074 note) is
repealed.
(c) IMPLEMENTATION SCHEDULE.—Implementation of chapter
1006 of title 10, United States Code, as added by subsection (a),
shall begin not later than 90 days after the date of the enactment
of this Act and shall be completed not later than one year after
such date.
SEC. 1212. RESERVE COMPONENT CHIEFS.
(a) CHIEF OF ARMY RESERVE.—Section 3038 of title 10, United
States Code, is amended by adding at the end the following new
subsections:
‘‘(d) BUDGET.—The Chief of Army Reserve is the official within
the executive part of the Department of the Army who, subject
to the authority, direction, and control of the Secretary of the
Army and the Chief of Staff, is responsible for justification and
execution of the personnel, operation and maintenance, and
construction budgets for the Army Reserve. As such, the Chief
of Army Reserve is the director and functional manager of appro-
priations made for the Army Reserve in those areas.
‘‘(e) FULL TIME SUPPORT PROGRAM.—The Chief of Army Reserve
manages, with respect to the Army Reserve, the personnel program
of the Department of Defense known as the Full Time Support
Program.
‘‘(f) ANNUAL REPORT.—(1) The Chief of Army Reserve shall
submit to the Secretary of Defense, through the Secretary of the
Army, an annual report on the state of the Army Reserve and
the ability of the Army Reserve to meet its missions. The report
shall be prepared in conjunction with the Chief of Staff of the
Army and may be submitted in classified and unclassified versions.
‘‘(2) The Secretary of Defense shall transmit the annual report
of the Chief of Army Reserve under paragraph (1) to Congress,
together with such comments on the report as the Secretary consid-
ers appropriate. The report shall be transmitted at the same time
each year that the annual report of the Secretary under section
113 of this title is submitted to Congress.’’.
(b) CHIEF OF NAVAL RESERVE.—(1) Chapter 513 of such title
is amended by inserting after section 5142a the following new
section:
‘‘§ 5143. Office of Naval Reserve: appointment of Chief
‘‘(a) ESTABLISHMENT OF OFFICE: CHIEF OF NAVAL RESERVE.—
There is in the executive part of the Department of the Navy,
on the staff of the Chief of Naval Operations, an Office of the
H. R. 3230—271
Naval Reserve, which is headed by a Chief of Naval Reserve.
The Chief of Naval Reserve—
‘‘(1) is the principal adviser on Naval Reserve matters
to the Chief of Naval Operations; and
‘‘(2) is the commander of the Naval Reserve Force.
‘‘(b) APPOINTMENT.—The President, by and with the advice
and consent of the Senate, shall appoint the Chief of Naval Reserve
from officers who—
‘‘(1) have had at least 10 years of commissioned service;
‘‘(2) are in a grade above captain; and
‘‘(3) have been recommended by the Secretary of the Navy.
‘‘(c) GRADE.—(1) The Chief of Naval Reserve holds office for
a term determined by the Chief of Naval Operations, normally
four years, but may be removed for cause at any time. He is
eligible to succeed himself.
‘‘(2) The Chief of Naval Reserve, while so serving, has a grade
above rear admiral (lower half), without vacating the officer’s
permanent grade.
‘‘(d) BUDGET.—The Chief of Naval Reserve is the official within
the executive part of the Department of the Navy who, subject
to the authority, direction, and control of the Secretary of the
Navy and the Chief of Naval Operations, is responsible for prepara-
tion, justification, and execution of the personnel, operation and
maintenance, and construction budgets for the Naval Reserve. As
such, the Chief of Naval Reserve is the director and functional
manager of appropriations made for the Naval Reserve in those
areas.
‘‘(e) ANNUAL REPORT.—(1) The Chief of Naval Reserve shall
submit to the Secretary of Defense, through the Secretary of the
Navy, an annual report on the state of the Naval Reserve and
the ability of the Naval Reserve to meet its missions. The report
shall be prepared in conjunction with the Chief of Naval Operations
and may be submitted in classified and unclassified versions.
‘‘(2) The Secretary of Defense shall transmit the annual report
of the Chief of Naval Reserve under paragraph (1) to Congress,
together with such comments on the report as the Secretary consid-
ers appropriate. The report shall be transmitted at the same time
each year that the annual report of the Secretary under section
113 of this title is submitted to Congress.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 5142a
the following new item:
‘‘5143. Office of Naval Reserve: appointment of Chief.’’.
(c) CHIEF OF MARINE FORCES RESERVE.—(1) Chapter 513 of
such title is amended by inserting after section 5143 (as added
by subsection (b)) the following new section:
‘‘§ 5144. Office of Marine Forces Reserve: appointment of
Commander
‘‘(a) ESTABLISHMENT OF OFFICE; COMMANDER, MARINE FORCES
RESERVE.—There is in the executive part of the Department of
the Navy an Office of the Marine Forces Reserve, which is headed
by the Commander, Marine Forces Reserve. The Commander,
Marine Forces Reserve, is the principal adviser to the Commandant
on Marine Forces Reserve matters.
H. R. 3230—272
‘‘(b) APPOINTMENT.—The President, by and with the advice
and consent of the Senate, shall appoint the Commander, Marine
Forces Reserve, from officers of the Marine Corps who—
‘‘(1) have had at least 10 years of commissioned service;
‘‘(2) are in a grade above colonel; and
‘‘(3) have been recommended by the Secretary of the Navy.
‘‘(c) TERM OF OFFICE; GRADE.—(1) The Commander, Marine
Forces Reserve, holds office for a term determined by the Com-
mandant of the Marine Corps, normally four years, but may be
removed for cause at any time. He is eligible to succeed himself.
‘‘(2) The Commander, Marine Forces Reserve, while so serving,
has a grade above brigadier general, without vacating the officer’s
permanent grade.
‘‘(d) ANNUAL REPORT.—(1) The Commander, Marine Forces
Reserve, shall submit to the Secretary of Defense, through the
Secretary of the Navy, an annual report on the state of the Marine
Corps Reserve and the ability of the Marine Corps Reserve to
meet its missions. The report shall be prepared in conjunction
with the Commandant of the Marine Corps and may be submitted
in classified and unclassified versions.
‘‘(2) The Secretary of Defense shall transmit the annual report
of the Commander, Marine Forces Reserve, under paragraph (1)
to Congress, together with such comments on the report as the
Secretary considers appropriate. The report shall be transmitted
at the same time each year that the annual report of the Secretary
under section 113 of this title is submitted to Congress.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 5143
(as added by subsection (b)) the following new item:
‘‘5144. Office of Marine Forces Reserve: appointment of Commander.’’.
(d) CHIEF OF AIR FORCE RESERVE.—Section 8038 of such title
is amended by adding at the end the following new subsections:
‘‘(d) BUDGET.—The Chief of Air Force Reserve is the official
within the executive part of the Department of the Air Force who,
subject to the authority, direction, and control of the Secretary
of the Air Force and the Chief of Staff, is responsible for preparation,
justification, and execution of the personnel, operation and mainte-
nance, and construction budgets for the Air Force Reserve. As
such, the Chief of Air Force Reserve is the director and functional
manager of appropriations made for the Air Force Reserve in those
areas.
‘‘(e) FULL TIME SUPPORT PROGRAM.—(1) The Chief of Air Force
Reserve manages, with respect to the Air Force Reserve, the person-
nel program of the Department of Defense known as the Full
Time Support Program.
‘‘(f) ANNUAL REPORT.—(1) The Chief of Air Force Reserve shall
submit to the Secretary of Defense, through the Secretary of the
Air Force, an annual report on the state of the Air Force Reserve
and the ability of the Air Force Reserve to meet its missions.
The report shall be prepared in conjunction with the Chief of
Staff of the Air Force and may be submitted in classified and
unclassified versions.
‘‘(2) The Secretary of Defense shall transmit the annual report
of the Chief of Air Force Reserve under paragraph (1) to Congress,
together with such comments on the report as the Secretary consid-
ers appropriate. The report shall be transmitted at the same time
H. R. 3230—273
each year that the annual report of the Secretary under section
113 of this title is submitted to Congress.’’.
(e) CONFORMING AMENDMENT.—Section 641(1)(B) of such title
is amended by inserting ‘‘5143, 5144,’’ after ‘‘3038,’’.
SEC. 1213. REVIEW OF ACTIVE DUTY AND RESERVE GENERAL AND
FLAG OFFICER AUTHORIZATIONS.
(a) REPORT TO CONGRESS.—Not later than six months after
the date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report containing any recommendations
of the Secretary (together with the rationale of the Secretary for
the recommendations) concerning the following:
(1) Revision of the limitations on general and flag officer
grade authorizations and distribution in grade prescribed by
sections 525, 526, and 12004 of title 10, United States Code.
(2) Statutory designation of the positions and grades of
any additional general and flag officers in the commands and
offices created by sections 1211 and 1212.
(b) MATTERS TO BE INCLUDED.—The Secretary shall include
in the report under subsection (a) the Secretary’s views on whether
current limitations referred to in subsection (a)—
(1) permit the Secretaries of the military departments,
in view of increased requirements for assignment of general
and flag officers in positions external to their organic services,
to meet adequately both internal and external requirements
for general and flag officers;
(2) adequately recognize the significantly increased role
of the reserve components in both service-specific and joint
operations; and
(3) permit the Secretaries of the military departments and
the reserve components to assign general and flag officers to
active and reserve component positions with grades commensu-
rate with the scope of duties and responsibilities of the position.
(c) EXEMPTIONS FROM ACTIVE-DUTY CEILINGS.—(1) The Sec-
retary shall include in the report under subsection (a) the
Secretary’s recommendations regarding the merits of exempting
from any active-duty ceiling (established by law or administrative
action) the following officers:
(A) Reserve general and flag officers assigned to positions
specified in the organizations created by this title.
(B) Reserve general and flag officers serving on active
duty, but who are excluded from the active-duty list.
(2) If the Secretary determines under paragraph (1) that any
Reserve general or flag officers should be exempt from active duty
limits, the Secretary shall include in the report under subsection
(a) the Secretary’s recommendations for—
(A) the effective management of those Reserve general
and flag officers; and
(B) revision of active duty ceilings so as to prevent an
increase in the numbers of active general and flag officers
authorizations due solely to the removal of Reserve general
and flag officers from under the active duty authorizations.
(3) If the Secretary determines under paragraph (1) that active
and reserve general officers on active duty should continue to be
managed under a common ceiling, the Secretary shall make rec-
ommendations for the appropriate apportionment of numbers for
general and flag officers among active and reserve officers.