104th Congress Rept. 104-620,
HOUSE OF REPRESENTATIVES
2d Session Part 1
_______________________________________________________________________
INTELLIGENCE COMMUNITY ACT
_______________________________________________________________________
June 13, 1996.--Ordered to be printed
_______
Mr. Combest, from the Permanent Select Committee on Intelligence,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 3237]
[Including cost estimate of the Congressional Budget Office]
The Permanent Select Committee on Intelligence, to whom was
referred the bill (H.R. 3237) to provide for improved
management and operation of intelligence activities of the
Government by providing for a more corporate approach to
intelligence, to reorganize the agencies of the Government
engaged in intelligence activities so as to provide an improved
Intelligence Community for the 21st century, and for other
purposes, having considered the same, report favorably thereon
with amendments and recommend that the bill as amended do pass.
The amendments are as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intelligence Community Act''.
SEC. 2. ORGANIZATION OF ACT; TABLE OF CONTENTS.
(a) Organization of Act.--This Act is organized as follows:
TITLE I--INTELLIGENCE COMMUNITY GENERALLY
Subtitle A--Director of Central Intelligence
Subtitle B--Deputy Directors of Central Intelligence
Subtitle C--The Intelligence Community
Subtitle D--Annual Reports
TITLE II--INTELLIGENCE COMMUNITY MANAGEMENT
Subtitle A--Intelligence Community Functions
Subtitle B--National Foreign Intelligence Program
Subtitle C--Personnel
Subtitle D--Infrastructure Support Office
Subtitle E--Intelligence Community Administration
TITLE III--INTELLIGENCE COMMUNITY AGENCIES
Subtitle A--Central Intelligence Agency
Subtitle B--The National Intelligence Evaluation Council
Subtitle C--Future of Intelligence Collection
TITLE IV--DEPARTMENT OF DEFENSE FUNCTIONS IN THE INTELLIGENCE COMMUNITY
Subtitle A--Secretary of Defense
Subtitle B--Director of Military Intelligence
Subtitle C--Defense Intelligence Agency
Subtitle D--The Military Departments
Subtitle E--Planning and Budgeting
Subtitle F--Civilian Intelligence Personnel Policy
TITLE V--NATIONAL SECURITY COUNCIL AND RELATED BOARDS AND COMMITTEES
TITLE VI--TECHNICAL AND CONFORMING AMENDMENTS AND EFFECTIVE DATE
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act; table of contents.
Sec. 3. Findings and purposes.
Sec. 4. Definitions.
TITLE I--INTELLIGENCE COMMUNITY GENERALLY
Subtitle A--Director of Central Intelligence
Sec. 101. Director of Central Intelligence.
Sec. 102. General intelligence responsibilities of the Director.
Sec. 103. Preparation of annual budget for National Foreign
Intelligence Program.
Sec. 104. Foreign intelligence collection.
Sec. 105. Protection of sources and methods.
Sec. 106. Promotion and evaluation of the usefulness of intelligence to
consumers.
Sec. 107. Elimination of waste and unnecessary duplication.
Sec. 108. Other functions.
Sec. 109. Prohibition on law enforcement powers and internal security
functions.
Sec. 110. Access to intelligence.
Sec. 111. Coordination with foreign governments.
Subtitle B--Deputy Directors of Central Intelligence
Sec. 121. Deputy Directors of Central Intelligence.
Sec. 122. Deputy Director of Central Intelligence.
Sec. 123. Deputy Director of Central Intelligence for Community
Management.
Sec. 124. Civilian and military status of Director of Central
Intelligence and Deputies.
Subtitle C--The Intelligence Community
Sec. 131. Elements of the Intelligence Community.
Sec. 132. Intelligence Community Inspector General Forum.
Subtitle D--Annual Reports
Sec. 141. Annual report on Intelligence Community activities.
TITLE II--INTELLIGENCE COMMUNITY MANAGEMENT
Subtitle A--Intelligence Community Functions
Sec. 201. Community Management Staff.
Sec. 202. Functions of the Community Management Staff.
Subtitle B--National Foreign Intelligence Program
Sec. 221. Budgets.
Sec. 222. Comptroller functions of Community Management Staff.
Sec. 223. Limitations on transfers and reprogramming.
Sec. 224. Transfer of funds or personnel within the National Foreign
Intelligence Program.
Sec. 225. Limitation on reprogramming.
Subtitle C--Personnel
Sec. 231. Use of personnel.
Sec. 232. Authority to terminate employment of certain employees.
Sec. 233. Intelligence Community Reserve.
Subtitle D--Infrastructure Support Office
Sec. 241. Establishment of Infrastructure Support Office.
Sec. 242. Responsibilities of Director of the Infrastructure Support
Office.
Subtitle E--Intelligence Community Administration
Sec. 251. Secrecy agreements used in intelligence activities.
Sec. 252. Coordination of counterintelligence matters with the Federal
Bureau of Investigation.
Sec. 253. Intelligence Community contracting.
TITLE III--INTELLIGENCE COMMUNITY AGENCIES
Subtitle A--Central Intelligence Agency
Sec. 301. Central Intelligence Agency.
Sec. 302. Duties of Director of Central Intelligence with regard to the
Central Intelligence Agency.
Sec. 303. Functions of the Central Intelligence Agency.
Sec. 304. Agreement to transfer DOD clandestine humint to CIA.
Subtitle B--The National Intelligence Evaluation Council
Sec. 321. National Intelligence Evaluation Council.
Sec. 322. Functions of the National Intelligence Evaluation Council.
Sec. 323. Staffing of the National Intelligence Evaluation Council.
Subtitle C--Future of Intelligence Collection
Sec. 331. Panel on the future of intelligence collection.
TITLE IV--DEPARTMENT OF DEFENSE FUNCTIONS IN THE INTELLIGENCE COMMUNITY
Subtitle A--Secretary of Defense
Sec. 401. Overall Secretary of Defense functions.
Sec. 402. Requirement that budgets for intelligence components be
adequate.
Sec. 403. Implementation of Director of Central Intelligence policies
and resource decisions.
Sec. 404. Relationship of NFIP activities to tactical intelligence
activities.
Sec. 405. Responsiveness to operational military forces.
Sec. 406. Elimination of waste and unnecessary duplication.
Sec. 407. Joint and corporate conduct of Defense intelligence
activities.
Sec. 408. Signals intelligence activities.
Sec. 409. Imagery collection, processing, and exploitation.
Sec. 410. Overhead reconnaissance systems.
Sec. 411. Use of elements of Department of Defense.
Sec. 412. Consultations regarding appointment of certain intelligence
officials.
Subtitle B--Director of Military Intelligence
Sec. 421. Director of Military Intelligence.
Sec. 422. Functions of the Director of Military Intelligence.
Sec. 423. Role of Director of Military Intelligence in the Intelligence
Community.
Sec. 424. Planning and budget functions.
Sec. 425. Staff.
Subtitle C--Defense Intelligence Agency
Sec. 441. Defense Intelligence Agency generally.
Sec. 442. Functions of the Defense Intelligence Agency.
Subtitle D--The Military Departments
Sec. 451. Intelligence capabilities of the military departments.
Subtitle E--Planning and Budgeting
Sec. 461. Joint Military Intelligence Program.
Sec. 462. Tactical Intelligence and Related Activities (TIARA).
Sec. 463. Notice to Congress of changes in JMIP and TIARA.
Subtitle F--Civilian Intelligence Personnel Policy
Sec. 481. Standardization of personnel policies for intelligence
components of Department of Defense
Sec. 482. Temporary program for civilian workforce reduction in the
National Security Agency.
TITLE V--NATIONAL SECURITY COUNCIL AND RELATED BOARDS AND COMMITTEES
Sec. 501. Recodification of laws relating to National Security Council
and related boards and committees in Executive Office of the President.
Sec. 502. Committee on Foreign Intelligence.
Sec. 503. Transnational threats.
Sec. 504. Prohibition of direct participation by National Security
Council staff in execution of intelligence operations.
TITLE VI--TECHNICAL AND CONFORMING AMENDMENTS AND EFFECTIVE DATE
Sec. 601. Restatement of National Security Agency Act of 1959.
Sec. 602. Amendments to title 5, United States Code.
Sec. 603. Repeal of provisions recodified in new Act.
Sec. 604. National Security Act of 1947.
Sec. 605. Abolition of National Intelligence Council.
Sec. 606. Effective date.
SEC. 3. FINDINGS AND PURPOSES.
(a) Findings.--The Congress makes the following findings:
(1) The United States must maintain a strong, capable, and
increasingly flexible intelligence capability to collect and
analyze information concerning world events that may threaten
its security so as to be in a position to anticipate and
respond to such events in an effective and timely manner.
(2) The existing framework for the conduct of United States
intelligence activities, established by the National Security
Act of 1947, has evolved largely without changes to the
original statutory framework, but rather as a matter of
Executive order and directive.
(3) Although the Director of Central Intelligence has had an
overall, coordinating role for United States intelligence
activities, under existing law and by Executive order the
Director has, in fact, lacked sufficient authorities to
exercise this responsibility effectively, leaving control
largely decentralized within elements of the Intelligence
Community.
(b) Purposes.--The purposes of this Act are--
(1) to provide a corporate framework for the improved
management of United States intelligence activities at all
levels and within all intelligence disciplines;
(2) to provide an institutional structure that will continue
to ensure that the Intelligence Community serves the needs of
the Government as a whole in an effective, timely, and
corporate manner;
(3) to clarify by law the responsibilities of United States
intelligence agencies; and
(4) to improve the congressional oversight of intelligence
activities.
SEC. 4. DEFINITIONS.
For the purposes of this Act:
(1) Intelligence.--The term ``intelligence'' includes foreign
intelligence and counterintelligence.
(2) Foreign intelligence.--The term ``foreign intelligence''
means information relating to the capabilities, intentions, or
activities of foreign governments or elements thereof, foreign
organizations, foreign transnational entities, or foreign
persons.
(3) Counterintelligence.--The term ``counterintelligence''
means information gathered and activities conducted to protect
against espionage, other intelligence activities, sabotage, or
assassinations conducted by or on behalf of foreign governments
or elements thereof, foreign organizations, foreign
transnational entities, or foreign persons, or international
terrorist activities.
(4) National intelligence and intelligence related to
national security.--The terms ``national intelligence'' and
``intelligence related to the national security''--
(A) each refer to intelligence that pertains to the
interests of the Government generally, rather than to
the interests of a single department or agency of
Government, or to a component of such department or
agency;
(B) do not refer to intelligence necessary to plan or
conduct tactical military operations by United States
Armed Forces; and
(C) do not refer to counterintelligence or law
enforcement activities conducted by the Federal Bureau
of Investigation except to the extent provided for in
procedures agreed to by the Director of Central
Intelligence and the Attorney General, or otherwise as
expressly provided for in this Act.
(5) National foreign intelligence program.--The term
``National Foreign Intelligence Program'' refers to all
programs, projects, and activities of the Intelligence
Community that are intended to produce national intelligence,
as well as any other programs of the Intelligence Community
designated jointly by the Director of Central Intelligence and
the head of a United States department or agency or by the
President. Such term does not include programs, projects, or
activities of the military departments to acquire intelligence
solely for the planning and conduct of tactical military
operations by United States Armed Forces.
(6) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Select Committee on Intelligence of the
Senate; and
(B) the Permanent Select Committee on Intelligence of
the House of Representatives.
TITLE I--INTELLIGENCE COMMUNITY GENERALLY
Subtitle A--Director of Central Intelligence
SEC. 101. DIRECTOR OF CENTRAL INTELLIGENCE.
(a) Director of Central Intelligence.--There is a Director of Central
Intelligence. The Director of Central Intelligence is--
(1) the principal adviser to the President and the National
Security Council for intelligence matters related to the
national security; and
(2) the head of the Intelligence Community.
(b) Appointment.--The Director of Central Intelligence is appointed
by the President, by and with the advice and consent of the Senate.
SEC. 102. GENERAL INTELLIGENCE RESPONSIBILITIES OF THE DIRECTOR.
(a) Provision of Intelligence to the President.--Under the direction
of the National Security Council, the Director of Central Intelligence
shall be responsible for providing intelligence to the President.
(b) Provision of Intelligence to Others.--Under the direction of the
National Security Council, the Director of Central Intelligence shall
be responsible for providing intelligence--
(1) to the heads of departments and agencies of the executive
branch;
(2) to the Chairman of the Joint Chiefs of Staff, to the
commanders of the unified combatant commands, and to other
senior military commanders; and
(3) to the Senate and House of Representatives and the
appropriate committees thereof.
(c) Intelligence To Be Objective and Timely.--Intelligence provided
by the Director pursuant to this section should be timely and objective
and shall be provided independent of political considerations or bias
and based upon all sources available to the Intelligence Community.
SEC. 103. PREPARATION OF ANNUAL BUDGET FOR NATIONAL FOREIGN
INTELLIGENCE PROGRAM.
The Director of Central Intelligence shall develop (in accordance
with subtitle B of title II) and present to the President an annual
budget for the National Foreign Intelligence Program of the United
States.
SEC. 104. FOREIGN INTELLIGENCE COLLECTION.
The Director of Central Intelligence shall establish the requirements
and priorities to govern the collection of national intelligence by
elements of the Intelligence Community and shall manage the collection
capabilities of the Intelligence Community to ensure that national
requirements are met.
SEC. 105. PROTECTION OF SOURCES AND METHODS.
The Director of Central Intelligence shall protect intelligence
sources and methods from unauthorized disclosure.
SEC. 106. PROMOTION AND EVALUATION OF THE USEFULNESS OF INTELLIGENCE TO
CONSUMERS.
The Director of Central Intelligence shall promote and evaluate the
quality and usefulness of national intelligence to consumers within the
Government.
SEC. 107. ELIMINATION OF WASTE AND UNNECESSARY DUPLICATION.
The Director of Central Intelligence, in cooperation with the heads
of the elements of the Intelligence Community shall eliminate waste and
unnecessary duplication within the Intelligence Community.
SEC. 108. OTHER FUNCTIONS.
The Director of Central Intelligence shall perform such other
functions as the President or the National Security Council may direct.
SEC. 109. PROHIBITION ON LAW ENFORCEMENT POWERS AND INTERNAL SECURITY
FUNCTIONS.
The Director of Central Intelligence shall have no police, subpoena,
or law enforcement powers or internal security functions.
SEC. 110. ACCESS TO INTELLIGENCE.
To the extent recommended by the National Security Council and
approved by the President, the Director of Central Intelligence shall
have access to all intelligence related to the national security which
is collected by any department, agency, or other entity of the United
States.
SEC. 111. COORDINATION WITH FOREIGN GOVERNMENTS.
Under the direction of the National Security Council and in a manner
consistent with section 207 of the Foreign Service Act of 1980 (22
U.S.C. 3927), the Director shall coordinate the relationships between
elements of the Intelligence Community and the intelligence or security
services of foreign governments on all matters involving intelligence
related to the national security or involving intelligence acquired
through clandestine means.
Subtitle B--Deputy Directors of Central Intelligence
SEC. 121. DEPUTY DIRECTORS OF CENTRAL INTELLIGENCE.
(a) Positions.--There is a Deputy Director of Central Intelligence,
and there is a Deputy Director of Central Intelligence for Community
Management.
(b) Appointment.--Each Deputy Director shall be appointed by the
President, by and with the advice and consent of the Senate.
(c) Qualifications.--Each Deputy Director shall have extensive
national security experience.
SEC. 122. DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE.
(a) In General.--The Deputy Director of Central Intelligence shall
act for, and exercise the powers of, the Director of Central
Intelligence during the Director's absence or disability or during a
vacancy in office of the Director of Central Intelligence.
(b) Precedence.--The Deputy Director of Central Intelligence takes
precedence immediately after the Director of Central Intelligence.
SEC. 123. DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE FOR COMMUNITY
MANAGEMENT.
Subject to the direction of the Director of Central Intelligence, the
Deputy Director of Central Intelligence for Community Management shall
be responsible for the following:
(1) Directing the operations of the Community Management
Staff.
(2) Directing the operations of the Infrastructure Support
Office.
(3) Performing community-wide management functions, including
the management of personnel, resources, and requirements.
(4) Managing community-wide research and development.
SEC. 124. CIVILIAN AND MILITARY STATUS OF DIRECTOR OF CENTRAL
INTELLIGENCE AND DEPUTIES.
(a) Limitation on Active Duty Status.--Not more than one individual
serving in the following positions may be on active duty in the Armed
Forces while serving in that position:
(1) The Director of Central Intelligence.
(2) The two Deputy Directors of Central Intelligence.
(b) Appointment and Rank.--An individual serving in a position
specified in paragraph (1) or (2) of subsection (a) who is on active
duty in the Armed Forces shall be appointed from among the officers of
the Armed Forces on the active-duty list. The Director of Central
Intelligence may hold the grade of general or admiral while so serving
and a Deputy Director of Central Intelligence may hold the rank of
lieutenant general or vice admiral while so serving.
(c) Role as Officer of Armed Forces.--A commissioned officer of the
Armed Forces, while serving in a position specified in paragraph (1) or
(2) of subsection (a)--
(1) shall not be subject to supervision or control by the
Secretary of Defense or by any officer or employee of the
Department of Defense;
(2) shall not exercise, by reason of the officer's status as
a commissioned officer, any supervision or control with respect
to any of the military or civilian personnel of the Department
of Defense except as authorized by this title; and
(3) shall not be counted against the numbers and percentages
of commissioned officers of the rank and grade of such officer
authorized for the military department of that officer.
(d) Military Benefits.--Except as provided in paragraph (1) or (2) of
subsection (c), the appointment of an officer of the Armed Forces to a
position specified in paragraph (1) or (2) of subsection (a) shall not
affect the status, position, rank, or grade of such officer in the
Armed Forces, or any emolument, perquisite, right, privilege, or
benefit incident to or arising out of any such status, position, rank,
or grade.
(e) Pay.--An officer of the Armed Forces appointed to a position
specified in paragraph (1) or (2) of subsection (a), while serving in
such position, shall continue to receive military pay and allowances
payable to a commissioned officer of that officer's grade and length of
service for which the appropriate military department shall be
reimbursed from funds available to the Director of Central
Intelligence. In addition to any pay or allowance payable under this
subsection, such officer shall also receive, out of funds available to
the Director of Central Intelligence, annual compensation in an amount
by which the annual rate of compensation payable for such position
exceeds the total of that officer's annual rate of military pay and
allowances.
Subtitle C--The Intelligence Community
SEC. 131. ELEMENTS OF THE INTELLIGENCE COMMUNITY.
The Intelligence Community of the United States Government consists
of the following:
(1) The Office of the Director of Central Intelligence, which
shall include the Offices of the Deputy Directors of Central
Intelligence and such other offices as the Director may
designate.
(2) The Community Management Staff.
(3) The National Intelligence Evaluation Council.
(4) The Central Intelligence Agency.
(5) The Defense Intelligence Agency.
(6) The National Security Agency.
(7) The National Reconnaissance Office.
(8) The Central Imagery Office.
(9) The Infrastructure Support Office.
(10) The intelligence elements of the Army, the Navy, the Air
Force, the Marine Corps, and the Coast Guard.
(11) The intelligence elements of the Federal Bureau of
Investigation, the Department of the Treasury, the Department
of Energy, and the Drug Enforcement Administration.
(12) The Bureau of Intelligence and Research of the
Department of State.
(13) Such other offices and entities as are established by
law under the authority of the Director of Central Intelligence
or as may be provided by law or by the President to be a
component of the Intelligence Community.
SEC. 132. INTELLIGENCE COMMUNITY INSPECTOR GENERAL FORUM.
(a) Establishment.--There is hereby established an Intelligence
Community Inspector General Forum (hereinafter in this section referred
to as the ``Forum'').
(b) Mission.--The Forum shall provide a mechanism for sharing
information among those Inspectors General whose duties and
responsibilities include audit, inspection, or investigation relating
to programs and operations of elements within the Intelligence
Community to ensure adequate Inspector General oversight with respect
to those programs and operations and to coordinate efforts with a view
toward preventing duplication.
(c) Membership.--
(1) The Forum shall consist of the following members:
(A) The Inspector General of the Department of
Defense.
(B) The Inspector General of the Central Intelligence
Agency.
(C) The Inspector General of the Department of State.
(D) The Inspector General of the Department of the
Treasury.
(E) The Inspector General of the Department of
Justice.
(F) The Inspector General of the Department of
Energy.
(G) The Inspector General of any other element within
the Intelligence Community, regardless of whether the
position of such Inspector General is created by
statute.
(H) Such other Federal officials as the co-chairs of
the Forum may invite to attend meetings whenever
matters of interest to them are scheduled to be
discussed.
(2) The Forum shall be co-chaired by the Inspector General of
the Department of Defense and the Inspector General of the
Central Intelligence Agency.
(3) The co-chairs may establish such subcommittees or working
groups as they consider appropriate to support the work of the
Forum.
(4) There shall be an Executive Secretary for the Forum to be
appointed from the Office of the Inspector General of the
Department of Defense.
(d) Meetings.--The Forum shall meet at least quarterly, and more
often as the co-chairs consider necessary. The Director of Central
Intelligence, the Secretaries of Defense, State, the Treasury, and
Energy, and the Attorney General of the United States shall be given as
much advance notice as practicable before each meeting of the Forum.
(e) Functions.--
(1) The Forum shall ensure adequate Inspector General
oversight over programs and operations of elements within the
Intelligence Community under the jurisdiction of two or more
statutory Inspectors General. In this regard, the Director of
Central Intelligence, the Secretaries of Defense, State, the
Treasury, and Energy, and the Attorney General may each submit
to the Forum or to their respective statutory Inspector General
requests for an Inspector General audit, inspection, or
investigation with respect to any program or operation of an
element within the Intelligence Community under the
jurisdiction of two or more statutory Inspectors General.
(2) The Forum shall serve as a focal point for discussions of
mutual interest to the Inspectors General concerning oversight
of elements within the Intelligence Community, including--
(A) policies and procedures for conducting audits,
inspections, or investigations into programs and
operations of elements within the Intelligence
Community under the jurisdiction of two or more
statutory Inspectors General; and
(B) qualifications and training for auditors,
inspectors, and investigators who will be assigned to
conduct audits, inspections, or investigations into
programs and operations of elements within the
Intelligence Community under the jurisdiction of two or
more statutory Inspectors General.
(3) The Forum shall keep the Director of Central
Intelligence, the Secretary of the appropriate Department, and
the head of the appropriate element within the Intelligence
Community informed of issues identified in audits, inspections
or investigations of programs, or operations of elements within
the Intelligence Community under the jurisdiction of two or
more statutory Inspectors General.
(4) This section shall not preclude and is not intended to
preclude an Inspector General from independently initiating any
audit, inspection, or investigation of programs or operations
within their respective establishment as they consider
appropriate in accordance with the Inspector General Act of
1978, or section 17 of the Central Intelligence Agency Act of
1949, as appropriate.
(f) Responsibilities.--Members of the Forum shall--
(1) designate a point of contact within their respective
organizations to receive and provide information regarding
Forum activities; and
(2) provide staff and other resources for the audits,
inspections and investigations of programs, or operations that
involve two or more elements within the Intelligence Community.
(g) Report on Inspector General for the Intelligence Community.--Not
later than April 15, 1997, the Forum shall submit to the congressional
intelligence committees a report on the feasibility of, and costs and
benefits associated with, creating an Inspector General for the
Intelligence Community.
Subtitle D--Annual Reports
SEC. 141. ANNUAL REPORT ON INTELLIGENCE COMMUNITY ACTIVITIES.
(a) In General.--The Director of Central Intelligence shall submit to
Congress an annual report on the activities of the Intelligence
Community. The annual report shall be unclassified.
(b) Matters To Be Covered in Annual Report.--Each report under this
section shall describe--
(1) the activities of the Intelligence Community during the
preceding fiscal year, including significant successes and
failures that can be described in an unclassified manner; and
(2) the areas of the world and the issues that the Director
expects will require increased or unusual attention from the
Intelligence Community during the next fiscal year.
(c) Time for Submission.--The report under this section for any year
shall be submitted at the same time that the President submits the
budget for the next fiscal year pursuant to section 1105 of title 31,
United States Code.
TITLE II--INTELLIGENCE COMMUNITY MANAGEMENT
Subtitle A--Intelligence Community Functions
SEC. 201. COMMUNITY MANAGEMENT STAFF.
There is a Community Management Staff.
SEC. 202. FUNCTIONS OF THE COMMUNITY MANAGEMENT STAFF.
(a) In General.--The Deputy Director of Central Intelligence for
Community Management, acting through the Community Management Staff,
shall provide corporate management of the following Intelligence
Community-wide functions:
(1) Requirements and collection management.
(2) Planning, programming, budgeting, and accounting for the
National Foreign Intelligence Program.
(3) Research and development activities.
(b) Coordination With the DMI Staff.--The Deputy Director of Central
Intelligence for Community Management shall coordinate the functions
referred to in paragraphs (1) through (3) of subsection (a) with the
Director of Military Intelligence.
Subtitle B--National Foreign Intelligence Program
SEC. 221. BUDGETS.
(a) Preparation.--The Deputy Director of Central Intelligence for
Community Management, in consultation with the elements of the
Intelligence Community, shall prepare the annual budgets of the
National Foreign Intelligence Program.
(b) Approval of Budgets.--The Director of Central Intelligence shall
approve the budgets prepared under subsection (a) before their
incorporation in the National Foreign Intelligence Program.
(c) Accounting.--The Director of Central Intelligence, acting through
the Deputy Director of Central Intelligence for Community Management,
shall budget and account for financial resources on a community-wide
basis by the functional categories of collection, processing,
exploitation, analysis, dissemination, and infrastructure.
(d) Identification of Constituent Components of Base Intelligence
Budget.--The Director of Central Intelligence shall include in the
congressional budget justification materials provided to the
congressional intelligence committees in connection with the annual
submission of the National Foreign Intelligence Program for a fiscal
year the same level of budgetary detail for that part of the National
Foreign Intelligence Program budget identified as the Base Budget that
is provided for that part of such budget identified as Ongoing
Initiatives and New Initiatives.
SEC. 222. COMPTROLLER FUNCTIONS OF COMMUNITY MANAGEMENT STAFF.
(a) Execution Review.--The Community Management Staff shall perform
budget execution review of elements of the Intelligence Community and
shall have the authority to recommend to the comptroller of the
Department of Defense that authorized and appropriated intelligence
funds be withheld in those instances in which elements of the
Intelligence Community within the Department of Defense are not
complying with guidance from the Director of Central Intelligence or
applicable law.
(b) Accounting System.--The Deputy Director of Central Intelligence
for Community Management shall establish and maintain an Intelligence
Community-wide automated system for programming, budgeting, accounting,
and execution review of the National Foreign Intelligence Program.
SEC. 223. LIMITATIONS ON TRANSFERS AND REPROGRAMMING.
(a) Limitation on New Use of Funds Available for Intelligence
Activities.--Funds may not be made available through transfer,
reprogramming, or other means between the Central Intelligence Agency
and the Department of Defense for any intelligence or special activity
different from that previously justified to the Congress unless the
Director of Central Intelligence or the Secretary of Defense notifies
in advance the Permanent Select Committee on Intelligence of the House
of Representatives, the Select Committee on Intelligence of the Senate,
and the Committees on Appropriations of the Senate and House of
Representatives of the intent to make such funds available for such
activity.
(b) Limitation on Amounts Transferred.--The amount that may be
transferred from any account of an element of the Intelligence
Community for any fiscal year may not exceed five percent of the
aggregate portion of the National Foreign Intelligence Program budget
of that element for that fiscal year.
(c) Limitation on Transfer of Funds Available for Drug Interdiction
or Counter-Drug Purposes.--None of the funds available to the Central
Intelligence Agency for any fiscal year for drug interdiction and
counter-drug activities may be transferred to any other department or
agency of the United States except as specifically provided in an
appropriations law.
SEC. 224. TRANSFER OF FUNDS OR PERSONNEL WITHIN THE NATIONAL FOREIGN
INTELLIGENCE PROGRAM.
(a) General Authority.--In addition to any other authorities
available under law for such purposes, the Director of Central
Intelligence, with the approval of the Director of the Office of
Management and Budget, may transfer funds appropriated for a program
within the National Foreign Intelligence Program to another such
program and, in accordance with procedures to be developed by the
Director and the heads of affected departments and agencies, may
transfer personnel authorized for an element of the Intelligence
Community to another such element for periods up to a year.
(b) Conditions.--A transfer of funds or personnel may be made under
this section only if--
(1) the funds or personnel are being transferred to an
activity that is a higher priority intelligence activity;
(2) the need for funds or personnel for such activity is
based on unforeseen requirements;
(3) the transfer does not involve a transfer of funds to the
Reserve for Contingencies of the Director of Central
Intelligence; and
(4) the transfer does not involve a transfer of funds or
personnel from the Federal Bureau of Investigation.
(c) Availability of Transferred Funds.--Funds transferred under this
subsection shall remain available for the same period as the
appropriations account to which such funds are transferred.
(d) Notification of Congress.--Any transfer of funds under this
section shall be carried out in accordance with existing procedures
applicable to reprogramming notifications for the appropriate
congressional committees. Any proposed transfer for which notice is
given to the appropriate congressional committees shall be accompanied
by a report explaining the nature of the proposed transfer and how it
satisfies the requirements of this subsection. In addition, the
congressional intelligence committees shall be promptly notified of any
transfer of funds made pursuant to this subsection in any case in which
the transfer would not have otherwise required reprogramming
notification under procedures in effect as of October 24, 1992.
(e) Report on Personnel Transfers.--The Director shall promptly
submit to the congressional intelligence committees and, in the case of
the transfer of personnel to or from the Department of Defense, the
Committee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives, a report on any transfer of
personnel made pursuant to this section. The Director shall include in
any such report an explanation of the nature of the transfer and how it
satisfies the requirements of this subsection.
SEC. 225. LIMITATION ON REPROGRAMMING.
No funds made available under the National Foreign Intelligence
Program may be reprogrammed by any element of the Intelligence
Community without the prior approval of the Director of Central
Intelligence except in accordance with procedures issued by the
Director.
Subtitle C--Personnel
SEC. 231. USE OF PERSONNEL.
The Director of Central Intelligence shall, in coordination with the
heads of departments and agencies with elements in the Intelligence
Community, institute policies and programs within the Intelligence
Community--
(1) to provide for the rotation of personnel between the
elements of the Intelligence Community, where appropriate, and
to make such rotated service a factor to be considered for
promotion to senior positions;
(2) to consolidate, wherever possible, personnel,
administrative, and security programs to reduce the overall
costs of these activities within the Intelligence Community;
(3) to ensure the maintenance of effective performance
evaluation systems with common standards throughout the
national Intelligence Community; and
(4) to develop a community-wide career development program
that emphasizes corporate management skills.
SEC. 232. AUTHORITY TO TERMINATE EMPLOYMENT OF CERTAIN EMPLOYEES.
(a) In General.--The Director of Central Intelligence may, in the
Director's discretion, terminate the employment of any officer or
employee of the Central Intelligence Agency or the Community Management
Staff whenever the Director considers such termination to be necessary
or advisable in the interests of the United States.
(b) Other Employment in the Government.--Any such termination does
not affect the right of the individual whose employment is so
terminated to seek or accept employment in any other department or
agency of the Government if declared eligible for such employment by
the Office of Personnel Management.
SEC. 233. INTELLIGENCE COMMUNITY RESERVE.
(a) Establishment.--The Director of Central Intelligence shall
establish an Intelligence Community Reserve.
(b) Members.--The Intelligence Community Reserve may consist of
former or retired personnel of elements of the Intelligence Community
(including individuals with expertise in all-source analysis and
individuals who are linguists) and of other qualified individuals drawn
from non-Intelligence Community sources, as determined by the Director
of Central Intelligence. Each member of the Intelligence Community
Reserve shall agree that, during any period of emergency (as determined
by the Director), the member shall enter into or return to active
civilian status within the Intelligence Community and shall perform
such duties as the Director may assign.
(c) Monetary Incentives.--In order to attract individuals to become
members of the Intelligence Community Reserve, the Director, without
regard to subchapter IV of chapter 55 of title 5, United States Code,
may provide special monetary incentives to individuals eligible to
become members of the Reserve who agree to become members of the
Intelligence Community Reserve and to acquire or retain proficiency in
such skills as the Director shall specify.
(d) Training and Support.--In order to provide training and support
for members of the Intelligence Community Reserve, the Director--
(1) may pay all or part of the expenses related to the
training of individuals in the Intelligence Community Reserve;
and
(2) may pay benefits and allowances in accordance with
chapters 57 and 59 of title 5, United States Code, to
individuals in the Intelligence Community Reserve who are
assigned to training at sites away from their homes or regular
places of business.
(e) Service Agreements.--(1) The Director, before providing training
under this section to any individual, may obtain an agreement with that
individual that--
(A) in the case of current employees, pertains to
continuation of service of the employee, and repayment of the
expenses of such training for failure to fulfill the agreement,
consistent with the provisions of section 4108 of title 5,
United States Code; and
(B) in the case of individuals accepted for membership in the
Intelligence Community Reserve, pertains to return to service
when requested, and repayment of the expenses of such training
for failure to fulfill the agreement, consistent with the
provisions of section 4108 of title 5, United States Code.
(2) The Director, under regulations prescribed under this section,
may waive, in whole or in part, a right of recovery under an agreement
made under this subsection if it is shown that the recovery would be
against equity and good conscience or against the public interest.
(f) Applicability of Voluntary Separation Pay Act.--(1) Participation
in the Intelligence Community Reserve through the receipt of monetary
incentives under subsection (c) does not constitute employment with the
Government of the United States for purposes of the Central
Intelligence Agency Voluntary Separation Pay Act (50 U.S.C. 403-4).
(2) Performing service in an active duty status under subsection (d)
does constitute employment with the Government of the United States for
purposes of the Central Intelligence Agency Voluntary Separation Pay
Act (50 U.S.C. 403-4), and the repayment requirement of section 2(b) of
that Act applies unless waived in accordance with such section 2(b).
Subtitle D--Infrastructure Support Office
SEC. 241. ESTABLISHMENT OF INFRASTRUCTURE SUPPORT OFFICE.
(a) Establishment.--There is within the Intelligence Community the
Infrastructure Support Office.
(b) Director.--The Office shall be headed by a Director, who shall be
appointed by the Director of Central Intelligence.
SEC. 242. RESPONSIBILITIES OF DIRECTOR OF THE INFRASTRUCTURE SUPPORT
OFFICE.
(a) In General.--Under the direction of the Deputy Director of
Central Intelligence for Community Management, the Director of the
Infrastructure Support Office shall be responsible for administrative
and logistical functions relating to infrastructure and services of
common concern to elements of the Intelligence Community. Such
functions shall include the following:
(1) Personnel management.
(2) Security.
(3) Community-level training.
(4) Communications.
(5) Automation.
(6) Such additional functions as may be assigned by the
Director of Central Intelligence.
(b) Automation Equipment.--The Director of the Infrastructure Support
Office shall establish standards and information architectures for
automation equipment throughout the Intelligence Community. The
Director shall be responsible for life-cycle management, replacement,
and upgrading of such equipment.
(c) Coordination Among Elements of Intelligence Community.--The
Director of Central Intelligence and the Secretary of Defense, as
appropriate, shall require the head of each element of the Intelligence
Community to report to the Director of the Infrastructure Support
Office on those functions and activities that can be consolidated in
the Infrastructure Support Office so as to achieve cost savings and
efficiencies for the Intelligence Community as a whole.
Subtitle E--Intelligence Community Administration
SEC. 251. SECRECY AGREEMENTS USED IN INTELLIGENCE ACTIVITIES.
Notwithstanding any other provision of law not specifically
referencing this section, a nondisclosure policy form or agreement that
is to be executed by a person connected with the conduct of an
intelligence or intelligence-related activity, other than an employee
or officer of the United States Government, may contain provisions
appropriate to the particular activity for which such document is to be
used. Such form or agreement shall, at a minimum--
(1) require that the person will not disclose any classified
information received in the course of such activity unless
specifically authorized to do so by the United States
Government; and
(2) provide that the form or agreement does not bar--
(A) disclosures to Congress; or
(B) disclosures to an authorized official of an
executive agency that are considered essential to
reporting a violation of United States law.
SEC. 252. COORDINATION OF COUNTERINTELLIGENCE MATTERS WITH THE FEDERAL
BUREAU OF INVESTIGATION.
(a) Coordination by Other Agencies With FBI.--(1) The head of each
department or agency within the executive branch shall ensure that the
Director of the Federal Bureau of Investigation is informed immediately
of any information, regardless of its origin, which indicates that
classified information is being, or may have been, disclosed in an
unauthorized manner to a foreign power or an agent of a foreign power.
(2) Following the making of a report under paragraph (1), the head of
the department or agency making the report shall ensure that the
Director of the Federal Bureau of Investigation is consulted with
respect to all subsequent actions that may be undertaken by the
department or agency to determine the source of such unauthorized
disclosure.
(3) When, after appropriate consultation with the head of the
department or agency concerned, the Director of the Federal Bureau of
Investigation undertakes investigative activities to determine the
source of the unauthorized disclosure, the head of the department or
agency concerned shall ensure that the Director is given complete and
timely access to the employees and records of that department or agency
for purposes of such investigative activities.
(b) Coordination by FBI With Other Agencies.--(1) The Director of the
Federal Bureau of Investigation shall ensure that when the Bureau
obtains espionage information pertaining to the personnel, operations,
or information of another department or agency of the executive branch,
such information is provided through appropriate channels to the head
of that department or agency.
(2) The Director shall ensure that when the Bureau undertakes an
espionage investigation which involves the personnel, operations, or
information of another department or agency of the executive branch
after a report is provided pursuant to subsection (a)(1), the head of
that department or agency is consulted with respect to that
investigation.
(c) Presidential Waiver Authority.--(1) When essential to meet
extraordinary circumstances affecting vital national security interests
of the United States as determined by the President, the President may,
on a case-by-case basis, waive the requirements of subsection (a) or
(b), as they apply to the head of a particular department or agency or
to the Director of the Federal Bureau of Investigation.
(2) Such a waiver shall be in writing and shall fully state the
justification for the waiver.
(3) Within 30 days after issuing such a waiver, the President shall
notify the congressional intelligence committees that the waiver has
been issued and, at that time or as soon thereafter as national
security considerations permit, shall provide those committees with a
complete explanation of the circumstances which necessitated the
waiver.
(d) Annual Report.--The Director of the Federal Bureau of
Investigation shall, not later than February 1 of each year, submit to
the congressional intelligence committees and, in accordance with
applicable security procedures, the Committees on the Judiciary of the
Senate and House of Representatives a report with respect to compliance
with subsections (a) and (b) during the previous calendar year. Each
such report shall be prepared in consultation with the Director of
Central Intelligence and the Secretary of Defense.
(e) Relationship to Department of Defense Authority Over Persons
Subject to UCMJ.--Nothing in this section may be construed to--
(1) alter the jurisdictional arrangements in effect as of
October 14, 1994, between the Federal Bureau of Investigation
and the Department of Defense with respect to investigations of
persons subject to the Uniform Code of Military Justice
(chapter 47 of title 10, United States Code); or
(2) impose reporting requirements upon the Department of
Defense with respect to such investigations beyond those
required by law and executive branch policy as of October 14,
1994.
(f) Definitions.--As used in this section, the terms ``foreign
power'' and ``agent of a foreign power'' have the meanings set forth in
sections 101(a) and 101(b), respectively, of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801).
SEC. 253. INTELLIGENCE COMMUNITY CONTRACTING.
The Director of Central Intelligence shall direct that elements of
the Intelligence Community, whenever compatible with the national
security interests of the United States and consistent with the
operational and security concerns related to the conduct of
intelligence activities, and where fiscally sound, shall award
contracts in a manner that would maximize the procurement of products
in the United States.
TITLE III--INTELLIGENCE COMMUNITY AGENCIES
Subtitle A--Central Intelligence Agency
SEC. 301. CENTRAL INTELLIGENCE AGENCY.
There is a Central Intelligence Agency. The Central Intelligence
Agency is the principal all-source national intelligence analytical
agency. The Director of Central Intelligence is the head of the Central
Intelligence Agency.
SEC. 302. DUTIES OF DIRECTOR OF CENTRAL INTELLIGENCE WITH REGARD TO THE
CENTRAL INTELLIGENCE AGENCY.
The Director of Central Intelligence, as head of the Central
Intelligence Agency, shall--
(1) correlate and evaluate intelligence related to the
national security;
(2) provide appropriate dissemination of such intelligence;
and
(3) coordinate and manage all human intelligence activities
within the Intelligence Community.
SEC. 303. FUNCTIONS OF THE CENTRAL INTELLIGENCE AGENCY.
The Director of Central Intelligence, as head of the Central
Intelligence Agency, shall perform the following functions:
(1) Analysis and production.--
(A) Correlating and evaluating intelligence related
to national security collected from all sources
available throughout the Intelligence Community and
facilitating appropriate dissemination of such
intelligence.
(B) Coordinating analyses conducted by the elements
of the Intelligence Community and establishing
procedures for collaborative all-source analysis.
(C) Producing national intelligence estimates.
(D) Managing the acquisition and incorporation of
all-source intelligence into the community all-source
analytical process.
(2) Collection of intelligence through human sources.--
(A) Collecting national intelligence clandestinely
through human sources and by other appropriate means,
using the elements of the Intelligence Community
authorized to undertake such collection.
(B) Ensuring that the most effective use is made of
resources authorized for the purposes of subparagraph
(A) and minimizing the risks to the United States
inherent in clandestine collection operations.
(C) Managing the administrative and technical support
activities of the Intelligence Community necessary to
carrying out clandestine collection.
(D) Performing such other functions as the Director
of Central Intelligence may direct.
SEC. 304. AGREEMENT TO TRANSFER DOD CLANDESTINE HUMINT TO CIA.
The Secretary of Defense shall enter into an agreement with the
Director of Central Intelligence to transfer from the Secretary of
Defense the responsibilities and authorities of the Secretary for the
clandestine collection of intelligence by human sources conducted by
the Defense Human Intelligence Service as of the date of the enactment
of this Act.
Subtitle B--The National Intelligence Evaluation Council
SEC. 321. NATIONAL INTELLIGENCE EVALUATION COUNCIL.
(a) Establishment.--There is within the Intelligence Community the
National Intelligence Evaluation Council.
(b) Members.--The National Intelligence Evaluation Council shall be
composed of senior analysts within the Intelligence Community and may
include substantive experts from the public and private sector. Members
of the Council shall be appointed by, report to, and serve at the
pleasure of, the Director of Central Intelligence. The Director of
Central Intelligence shall appoint the head of the Council from among
its members, who shall report directly to the Director of Central
Intelligence.
(c) Security Requirements.--The Director of Central Intelligence
shall prescribe appropriate security requirements for personnel
appointed from the private sector as a condition of service on the
Council to ensure the protection of intelligence sources and methods
while avoiding, wherever possible, unduly intrusive requirements which
the Director considers to be unnecessary for this purpose.
SEC. 322. FUNCTIONS OF THE NATIONAL INTELLIGENCE EVALUATION COUNCIL.
The National Intelligence Evaluation Council shall evaluate
Intelligence Community-wide collection and production of intelligence,
as well as the requirements and resources for such collection and
production. Such evaluation shall be performed in consultation with
both Deputy Directors of Central Intelligence and with the Director of
Military Intelligence.
SEC. 323. STAFFING OF THE NATIONAL INTELLIGENCE EVALUATION COUNCIL.
The Director of Central Intelligence shall make available to the
National Intelligence Evaluation Council such staff as may be necessary
to permit the Council to carry out its responsibilities under this
subtitle and shall take appropriate measures to ensure that the Council
and its staff satisfy the needs of policymaking officials and other
consumers of intelligence.
Subtitle C--Future of Intelligence Collection
SEC. 331. PANEL ON THE FUTURE OF INTELLIGENCE COLLECTION.
(a) Study.--The Director of Central Intelligence and the Secretary of
Defense shall arrange for a study to be conducted on the future of
intelligence collection, in terms of managing collection resources in a
more consolidated, synergistic manner. The study is not limited to, but
should include specific examination of the following:
(1) Establishing within the Intelligence Community a single
agency with responsibility for--
(A) the clandestine collection of intelligence
through human sources and other clandestine techniques;
(B) covert action; and
(C) representing the Director of Central Intelligence
in liaison with foreign intelligence and security
services.
(2) Establishing a single agency for the conduct of technical
intelligence collection activities, including--
(A) signals intelligence (SIGINT), imagery
intelligence (IMINT), and measurement and signatures
intelligence (MASINT);
(B) first-phase (or initial) exploitation of the
results of such collection;
(C) dissemination of such collection in a timely
manner;
(D) development of processing and exploitation
technologies to support these functions; and
(E) serving as the sole agent within the Intelligence
Community for--
(i) the specification of technical
requirements for such reconnaissance systems as
may be needed to meet the signals intelligence,
imagery intelligence, and measurement and
signatures intelligence collection requirements
of the Intelligence Community; and
(ii) the operation and final disposition of
such systems.
(3) Establishing a single agency--
(A) to serve as the sole agent within the
Intelligence Community for the conduct of research,
development, test, and evaluation, for procurement, and
for launch of satellite reconnaissance systems that may
be required to satisfy the intelligence collection
requirements of the Intelligence Community; and
(B) to serve as the primary agent within the
Intelligence Community for the conduct of research,
development, test, evaluation and for procurement of
reconnaissance, surveillance, and sensor systems,
including airborne and maritime reconnaissance
capabilities within the National Foreign Intelligence
Program and the Joint Military Intelligence Program.
(4) Establishing a single agency for collection and
processing of imagery and geospatial information. This should
be examined as both a stand-alone agency and as a subset of the
agency described in paragraph (2). Specifically, the study
should evaluate the substantive advantages and disadvantages of
consolidating imagery collection into an overall collection
agency.
(b) Criteria.--The study under subsection (a) shall--
(1) take into account current and future technological
capabilities and intelligence requirements;
(2) take into account the costs and benefits associated with
establishing each of the agencies described in paragraphs (1)
through (4) of subsection (a) as well as the costs and benefits
of maintaining the current system of distinct ``collection
stovepipes''; and
(3) examine establishing each of the agencies described in
paragraphs (1) through (4) of subsection (a) both on their
individual merits and also with a view toward having such
agencies co-exist as an entire new organizational structure.
(c) Panel Members.--
(1) Selection.--The Director of Central Intelligence and the
Secretary of Defense, jointly, shall select individuals for
membership on a panel to conduct the study under subsection (a)
who are--
(A) current and former members of the Intelligence
Community and senior policy makers who are
knowledgeable about a diverse range of intelligence
requirements; and
(B) such other public or private individuals as the
Director and the Secretary deem appropriate.
(2) Balance.--Membership on the panel shall be balanced in
terms of technical and operational knowledge and views so as to
ensure the objectivity of the panel's report.
(3) Director.--The Director of Central Intelligence shall
appoint a director of the panel from among its members. The
director of the panel may create such sub-panels as the
director deems appropriate.
(d) Report.--No later than April 15, 1997, the panel shall submit a
report of the study to the Director of Central Intelligence, who shall
forward the report to the President, the Secretary of Defense, and to
the congressional intelligence committees.
TITLE IV--DEPARTMENT OF DEFENSE FUNCTIONS IN THE INTELLIGENCE COMMUNITY
Subtitle A--Secretary of Defense
SEC. 401. OVERALL SECRETARY OF DEFENSE FUNCTIONS.
The Secretary of Defense shall perform such intelligence functions as
may be directed by the President by Executive order or otherwise.
SEC. 402. REQUIREMENT THAT BUDGETS FOR INTELLIGENCE COMPONENTS BE
ADEQUATE.
The Secretary of Defense shall ensure that the budgets of the
elements of the Intelligence Community within the Department of Defense
for any fiscal year are adequate to satisfy the overall intelligence
needs of the Department of Defense, including--
(1) the needs of the chairman of the Joint Chiefs of Staff;
(2) the needs of the commanders of the unified and specified
commands; and
(3) the needs of other departments and agencies, as
appropriate.
SEC. 403. IMPLEMENTATION OF DIRECTOR OF CENTRAL INTELLIGENCE POLICIES
AND RESOURCE DECISIONS.
The Secretary of Defense shall ensure appropriate implementation of
the policies and resource decisions of the Director of Central
Intelligence by elements of the Department of Defense within the
National Foreign Intelligence Program.
SEC. 404. RELATIONSHIP OF NFIP ACTIVITIES TO TACTICAL INTELLIGENCE
ACTIVITIES.
The Secretary of Defense shall ensure that the tactical intelligence
activities of the Department of Defense complement, and are compatible
with, intelligence activities under the National Foreign Intelligence
Program. The Secretary shall carry out this section through the
Director of Military Intelligence.
SEC. 405. RESPONSIVENESS TO OPERATIONAL MILITARY FORCES.
The Secretary of Defense shall ensure that the elements of the
Intelligence Community within the Department of Defense are responsive
and timely with respect to satisfying the needs of operational military
forces.
SEC. 406. ELIMINATION OF WASTE AND UNNECESSARY DUPLICATION.
The Secretary of Defense shall eliminate waste and unnecessary
duplication among the intelligence activities of the Department of
Defense.
SEC. 407. JOINT AND CORPORATE CONDUCT OF DEFENSE INTELLIGENCE
ACTIVITIES.
The Secretary of Defense shall ensure that, when appropriate,
intelligence activities of the Department of Defense are conducted (1)
jointly, and (2) cooperatively with elements of the Intelligence
Community outside the Department of Defense.
SEC. 408. SIGNALS INTELLIGENCE ACTIVITIES.
The Secretary of Defense shall ensure through the National Security
Agency (except as otherwise directed by the President or the National
Security Council), the continued operation of an effective unified
organization for the conduct of signals intelligence activities and
shall ensure that the product is disseminated in a timely manner to
authorized recipients.
SEC. 409. IMAGERY COLLECTION, PROCESSING, AND EXPLOITATION.
The Secretary of Defense shall ensure through the Central Imagery
Office (except as otherwise directed by the President or the National
Security Council), with appropriate representation from the
Intelligence Community, the continued operation of an effective unified
organization within the Department of Defense for carrying out tasking
of imagery collection, for the coordination of imagery processing and
exploitation activities, and for ensuring the dissemination of imagery
in a timely manner to authorized recipients.
SEC. 410. OVERHEAD RECONNAISSANCE SYSTEMS.
The Secretary of Defense shall ensure through the National
Reconnaissance Office (except as otherwise directed by the President or
the National Security Council), the continued operation of an effective
unified organization for the research and development, acquisition, and
operation of overhead reconnaissance systems necessary to satisfy the
requirements of all elements of the Intelligence Community.
SEC. 411. USE OF ELEMENTS OF DEPARTMENT OF DEFENSE.
The Secretary of Defense, in carrying out the functions of the
Secretary under this Act, may use such elements of the Department of
Defense as may be appropriate for the execution of those functions, in
addition to, or in lieu of, the elements specifically identified in
this Act for the performance of those functions.
SEC. 412. CONSULTATIONS REGARDING APPOINTMENT OF CERTAIN INTELLIGENCE
OFFICIALS.
(a) In General.--Section 201 of title 10, United States Code, is
amended to read as follows:
``Sec. 201. Consultation regarding appointment of heads of certain
intelligence components
``(a) Consultations With Regard to Directors of NSA and NRO.--Before
submitting a recommendation to the President regarding the appointment
of an individual to the position of Director of the National Security
Agency or Director of the National Reconnaissance Office, the Secretary
of Defense shall consult with the Director of Central Intelligence
regarding the recommendation.
``(b) Appointment of Head of Central Imagery Office.--The Secretary
shall appoint, upon the recommendation of the Director of Central
Intelligence, the head of the Central Imagery Office within the
Department of Defense.''.
(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. Consultation regarding appointment of heads of certain
intelligence components.''.
Subtitle B--Director of Military Intelligence
SEC. 421. DIRECTOR OF MILITARY INTELLIGENCE.
(a) Establishment of Position.--There is a Director of Military
Intelligence, appointed by the President, by and with the advice and
consent of the Senate, from the officers of the regular components of
the Armed Forces on active duty. The Director, while so serving, holds
the grade of lieutenant general or vice admiral.
(b) Nomination.--A recommendation by the Secretary of Defense to the
President for appointment of an officer as Director of Military
Intelligence may be made only after consultation with the Director of
Central Intelligence.
SEC. 422. FUNCTIONS OF THE DIRECTOR OF MILITARY INTELLIGENCE.
(a) Senior Military Intelligence Adviser.--The Director of Military
Intelligence is the senior military intelligence adviser to the
Secretary of Defense.
(b) Director of DIA.--The Director of Military Intelligence is the
Director of the Defense Intelligence Agency.
(c) Program Manager for JMIP.--The Director of Military Intelligence
is the program manager for the Joint Military Intelligence Program (or
any successor program).
(d) Program Coordinator for TIARA.--The Director of Military
Intelligence is the program coordinator for the activities in the
Department of Defense known as Tactical Intelligence and Related
Activities (TIARA).
SEC. 423. ROLE OF DIRECTOR OF MILITARY INTELLIGENCE IN THE INTELLIGENCE
COMMUNITY.
(a) National Intelligence.--The Director of Military Intelligence, as
director of the Defense Intelligence Agency, is accountable to the
Director of Central Intelligence in matters relative to the collection
and prosecution of national intelligence.
(b) Intelligence Requirements of the Secretary of Defense and the
Joint Chiefs of Staff.--The Director of Military Intelligence shall be
responsible for ensuring that the intelligence requirements of the
Secretary of Defense and the Joint Chiefs of Staff are met.
SEC. 424. PLANNING AND BUDGET FUNCTIONS.
(a) JMIP Responsibility.--The Director of Military Intelligence is
responsible within the Department of Defense for development and
submission of the Joint Military Intelligence Program for any fiscal
year.
(b) TIARA Responsibility.--The Director is responsible within the
Department of Defense for coordination of the development and
submission of the budget for any fiscal year for programs, projects,
and activities included within Tactical Intelligence and Related
Activities.
(c) Overall Budget Coordination.--The Director is the central point
of contact in the Department of Defense for budget coordination with
the Deputy Director of Central Intelligence for Community Management
relating to the development and submission of the National Foreign
Intelligence Program for any fiscal year.
SEC. 425. STAFF.
The Director of Military Intelligence shall have a staff sufficient
to enable the Director to carry out the functions of the Director,
including responsibilities with respect to budget development,
planning, programming, and coordination. The Director shall ensure that
the staff acts in a coordinated and corporate way with the Community
Management Staff and the Infrastructure Support Office.
Subtitle C--Defense Intelligence Agency
SEC. 441. DEFENSE INTELLIGENCE AGENCY GENERALLY.
(a) In General.--There is within the Department of Defense a Defense
Agency designated as the Defense Intelligence Agency. The Director of
Military Intelligence is the head of the Defense Intelligence Agency.
(b) Supervision.--The Director of Military Intelligence shall carry
out the Director's responsibilities as head of the Defense Intelligence
Agency under the direction of the Secretary of Defense and subject to
the authority and guidance of the Director of Central Intelligence for
those activities that support national intelligence requirements.
SEC. 442. FUNCTIONS OF THE DEFENSE INTELLIGENCE AGENCY.
(a) Production.--The Director of Military Intelligence, in the
Director's capacity as head of the Defense Intelligence Agency, shall
produce timely, objective military and military-related intelligence,
independent of political considerations or bias and based upon all
sources available to the Intelligence Community.
(b) Dissemination of Intelligence.--The Director shall ensure the
appropriate dissemination of intelligence produced pursuant to
subsection (a) to authorized recipients.
(c) Management of Joint Intelligence Center.--The Director shall
manage the Joint Intelligence Center as provided by section 923 of
Public Law 102-190 (10 U.S.C. 201 note; 105 Stat. 1453).
(d) Coordination.--The Director shall coordinate the exercise
pursuant to section 924 of Public Law 102-190 (10 U.S.C. 113 note; 105
Stat. 1454) of national intelligence collections systems and
exploitation organizations that would be used to provide intelligence
support, including support of the combatant commands, during a crisis
or conflict.
(e) Defense Attache System.--The Director shall manage the Defense
Attache system.
(f) Additional Functions.--The Director shall perform such additional
services of common concern to the intelligence elements of the
Department of Defense as the Secretary of Defense determines can be
more efficiently accomplished centrally.
Subtitle D--The Military Departments
SEC. 451. INTELLIGENCE CAPABILITIES OF THE MILITARY DEPARTMENTS.
(a) Requirement for Maintenance of Capabilities.--Under the direction
of the Secretary of Defense, the Secretaries of the military
departments shall maintain sufficient capabilities to collect and
produce intelligence to meet--
(1) the requirements of the Director of Central Intelligence;
(2) the requirements of the Secretary of Defense or the
Chairman of the Joint Chiefs of Staff; and
(3) the specialized requirements of the military departments
for intelligence necessary to support--
(A) tactical commanders;
(B) military planners;
(C) the research and development process;
(D) the acquisition of military equipment; and
(E) training and doctrine.
(b) Level and Form of Capabilities To Be Maintained.--The Secretaries
of the military departments shall ensure that the capabilities
maintained pursuant to subsection (a) do not exceed that which is
necessary to satisfy the requirements of their respective departments.
To the extent feasible, the Secretaries shall provide for such
capabilities to be maintained jointly and in the most efficient and
cost-effective form.
Subtitle E--Planning and Budgeting
SEC. 461. JOINT MILITARY INTELLIGENCE PROGRAM.
(a) In General.--The Joint Military Intelligence Program consists of
those programs, projects, and activities of the Department of Defense
that are intended to provide intelligence, surveillance, and
reconnaissance capabilities that support multiple defense-wide or joint
theater-level consumers.
(b) Components.--The Joint Military Intelligence Program includes the
programs, projects, and activities that as of the date of the enactment
of this Act are designated as follows:
(1) The Defense Imagery Program.
(2) The Defense Cryptologic Program.
(3) The Defense Mapping, Charting, and Geodesy Program.
(4) The Defense General Intelligence Applications Program,
including--
(A) the Defense Airborne Reconnaissance Program;
(B) the Defense Space Reconnaissance Program;
(C) the Defense Intelligence Counterdrug Program;
(D) the Defense Intelligence Tactical Program; and
(E) the Defense Intelligence Special Technologies
Program.
(c) Additional Components.--The Joint Military Intelligence Program
includes such additional programs, projects, and activities as are
specified by law or are designated by the Secretary of Defense.
SEC. 462. TACTICAL INTELLIGENCE AND RELATED ACTIVITIES (TIARA).
(a) In General.--The set of programs, projects, and activities in the
Department of Defense referred to as Tactical Intelligence and Related
Activities are those programs, projects, and activities of the
Department of Defense that--
(1) provide intelligence, surveillance, and reconnaissance
capabilities that are unique to one of the military services;
and
(2) are part of a force structure organic to one of the
military services at the component level and below.
(b) Included Personnel Activities.--Those activities include
activities that train personnel for intelligence duties or provide an
intelligence reserve.
(c) Certain Weapons Targeting Programs Excluded.--Those activities do
not include programs that are so closely integrated with a weapons
system that their primary function is to provide immediate-use
targeting data.
SEC. 463. NOTICE TO CONGRESS OF CHANGES IN JMIP AND TIARA.
The Secretary of Defense may not add to or remove program elements
from (other than a change provided by law) the Joint Military
Intelligence Program or the Tactical Intelligence and Related
Activities aggregation for any fiscal year unless the Secretary
included notice of the proposed change with the budget justification
materials submitted to the congressional intelligence committees for
the preceding fiscal year. The Secretary shall include with any such
notice a statement providing an explanation and justification for the
proposed change.
Subtitle F--Civilian Intelligence Personnel Policy
SEC. 481. STANDARDIZATION OF PERSONNEL POLICIES FOR INTELLIGENCE
COMPONENTS OF DEPARTMENT OF DEFENSE
(a) Consolidation and Standardization.--Chapter 83 of title 10,
United States Code, is amended--
(1) by redesignating section 1602 as section 1607 and
transferring that section so as to appear after section 1606;
and
(2) by striking out sections 1601, 1603, and 1604 and
inserting in lieu thereof the following:
``Sec. 1601. Management of civilian intelligence personnel
``(a) General Personnel Authority.--The Secretary of Defense may,
without regard to the provisions of any other law relating to the
appointment, number, classification, or compensation of employees--
``(1) establish such excepted service positions, including
positions in the Intelligence Senior Executive Service and
positions that may be designated as Intelligence Senior Level
positions under section 1602(c) of this title, for civilian
intelligence officers and employees of the intelligence
components of the Department of Defense as may be necessary to
carry out the intelligence functions of such components;
``(2) appoint individuals to such positions with appropriate
consideration of veterans' preference; and
``(3) fix the compensation of such individuals for service in
such positions.
``(b) Authority To Fix Rates of Basic Pay, Other Allowances and
Benefits.--(1) The Secretary of Defense shall, subject to subsection
(c), fix the rates of basic pay for positions established under this
section in relation to the rates of basic pay provided in subpart D of
part III of title 5, for positions subject to that title which have
corresponding levels of duties and responsibilities. Except as
otherwise provided by law, a civilian intelligence employee of an
intelligence component of the Department of Defense, including an
Intelligence Senior Level employee or a member of the Intelligence
Senior Executive Service, may not be paid basic pay in excess of the
maximum rate payable under section 5306(e), section 5376, or section
5382 of title 5, respectively.
``(2) The Secretary of Defense may provide civilian employees of the
intelligence components of the Department of Defense compensation (in
addition to basic pay) including benefits, incentives, and allowances
consistent with, and not in excess of the level authorized for,
comparable positions authorized by title 5.
``(c) Prevailing Rate Systems.--The Secretary of Defense may,
consistent with section 5341 of title 5, adopt such provisions of that
title as provide for prevailing rate systems of basic pay and may apply
those provisions to positions for civilian employees in or under which
the Department may employ individuals described by section
5342(a)(2)(A) of such title.
``(d) Allowances Based on Living Costs and Environment.--(1) In
addition to the basic pay payable under subsection (b), civilian
intelligence officers and employees of the intelligence components of
the Department of Defense who are citizens or nationals of the United
States and are stationed outside the continental United States or in
Alaska may be paid allowances, in accordance with regulations
prescribed by the Secretary of Defense, at a rate not in excess of the
allowance authorized to be paid by section 5941(a) of title 5 for
employees whose rates of basic pay are fixed by statute.
``(2) Such allowances shall be based on--
``(A) living costs substantially higher than in the District
of Columbia;
``(B) conditions of environment which differ substantially
from conditions of environment in the continental United States
and warrant an allowance as a recruitment incentive; or
``(C) both of the factors specified in subparagraphs (A) and
(B).
``Sec. 1602. Intelligence Senior Executive Service
``(a) Intelligence Senior Executive Service.--With regard to any
positions equivalent to the Senior Executive Service which may be
established pursuant to section 1601 of this title, the Secretary of
Defense shall prescribe regulations which are consistent with the
requirements set forth in sections 3131, 3132(a)(2), 3396(c), 3592,
3595(a), 5384, and 6304 of title 5 and subsections (a), (b), and (c) of
section 7543 of title 5 (except that any hearing or appeal shall be
held or decided pursuant to regulations issued by the Secretary). To
the extent practicable, the Secretary shall also prescribe regulations
to implement such other provisions of title 5 as apply to members of
the Senior Executive Service or to individuals applying for positions
in the Senior Executive Service.
``(b) Award of Rank to Members of the Intelligence Senior Executive
Service.--The President, based on the recommendations of the Secretary
of Defense, may award a rank referred to in section 4507 of title 5 to
members of the Intelligence Senior Executive Service whose positions
may be established pursuant to this section. The awarding of such rank
shall be made in a manner consistent with the provisions of that
section.
``(c) Intelligence Senior Level Positions.--In carrying out section
1601(a) of this title, the Secretary of Defense may designate positions
as Intelligence Senior Level positions. Positions which may be so
designated are those which require functional expertise and advisory
capacity, but do not have the organizational or program management
functions necessary for inclusion in the Intelligence Senior Executive
Service. Before designating any such position, the Secretary shall
prescribe regulations to implement this subsection.
``Sec. 1603. Administrative provisions
``(a) Time Limited Appointments.--(1) The Secretary of Defense may by
regulation authorize the use of time-limited appointments when hiring
and appointing an employee to certain prescribed positions within an
intelligence component of the Department of Defense. An employee who
has a time-limited appointment is not eligible for conversion to a
permanent Intelligence Senior Executive Service position without
competition.
``(2) In this subsection, the term `time-limited appointment' means
an appointment to a position within an intelligence component of the
Department of Defense for a period not to exceed five years.
``(b) Termination of Civilian Intelligence Employees.--(1)
Notwithstanding any other provision of law, the Secretary of Defense
may terminate the employment of any civilian intelligence officer or
employee of an intelligence component of the Department of Defense if
the Secretary--
``(A) considers that action to be in the interests of the
United States; and
``(B) determines that the procedures prescribed in other
provisions of law that authorize the termination of the
employment of such officer or employee cannot be invoked in a
manner consistent with national security.
``(2) A decision by the Secretary under this subsection is final and
may not be appealed or reviewed outside the Department of Defense.
``(3) The Secretary of Defense shall promptly notify the Permanent
Select Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate whenever the
Secretary terminates the employment of any officer or employ under the
authority of this section.
``(4) Any termination of employment under this subsection does not
affect the right of the officer or employee involved to seek or accept
employment with any other department or agency of the United States if
that officer or employee is declared eligible for such employment by
the Director of the Office of Personnel Management.
``(5) The authority of the Secretary of Defense under this subsection
may be delegated only to the Deputy Secretary of Defense or (with
respect to officers and employees under their respective jurisdictions)
the heads of the intelligence components of the Department of Defense.
An action to terminate employment of any civilian intelligence officer
or employee of the Department by any such officer may be appealed to
the Secretary of Defense.
``(c) Adjustment in Force.--(1) Notwithstanding sections 3501(b) and
3502 of title 5 and subject to paragraph (2), the Secretary of Defense
may prescribe regulations for the separation of civilian employees of
the intelligence components of the Department of Defense including
members of the Intelligence Senior Executive Service and employees
assigned to Intelligence Senior Level positions, in an adjustment in
force which give effect to--
``(A) performance;
``(B) tenure of employment;
``(C) length of service as computed under section 3502(a)
(A), (B), and (C) of title 5; and
``(D) veterans' preference, subject to sections 3501(a)(3)
and 3502(b) of title 5.
``(2) An adjustment in force in the Intelligence Senior Executive
Service shall be consistent with section 3595(a) of title 5.
``(3) The regulations prescribed under paragraph (1) shall include
provisions for appeal rights within the Department in lieu of the
provisions of any other law or regulations for all employees affected
by actions under this subsection.
``(d) Notification of Congress.--The Secretary of Defense shall
notify Congress of any regulations prescribed to carry out this section
or section 1601 or 1602 of this title. Such notice shall be provided by
submitting a copy of the regulations to the Permanent Select Committee
on Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate at least 60 days before such
regulations take effect.
``Sec. 1604. Intelligence components of the Department of Defense
defined
``In this chapter, the term `intelligence component of the Department
of Defense' means any of the following:
``(1) The National Security Agency.
``(2) The Defense Intelligence Agency.
``(3) The Central Imagery Office.
``(4) The National Reconnaissance Office.
``(5) The intelligence components of the military
departments.
``(6) Any other intelligence component of the Department of
Defense so designated by the Secretary of Defense.
``(7) Any successor to any such agency or office.''.
(b) Repeal of Superseded Provisions.--The following provisions of law
are repealed:
(1) Section 1590 of title 10, United States Code.
(2) Section 303 of the Internal Security Act of 1950 (50
U.S.C. 833).
(c) Clerical Amendments.--(1)(A) The heading of chapter 83 of title
10, United States Code, is amended to read as follows:
``CHAPTER 83--DEFENSE INTELLIGENCE CIVILIAN PERSONNEL''.
(B) The items relating to such chapter in the tables of chapters at
the beginning of subtitle A, and at the beginning of part II of
subtitle A, of such title are amended by striking out ``Agency and
Central Imagery Office''.
(2) The table of sections at the beginning of chapter 81 of such
title is amended by striking out the item relating to section 1590.
(3) The table of sections at the beginning of chapter 83 of such
title is amended--
(A) by striking out the items relating to sections 1601,
1602, 1603, and 1604 and inserting in lieu thereof the
following:
``1601. Management of civilian intelligence personnel.
``1602. Intelligence Senior Executive Service.
``1603. Administrative provisions.
``1604. Intelligence components of the Department of Defense
defined.''; and
(B) by inserting after the item relating to section 1606 the
following new item:
``1607. Merit pay system: Defense Intelligence Agency and Central
Imagery Office.''.
(3) The heading of section 1607, as transferred and redesignated by
subsection (a), is amended to read as follows:
``Sec. 1607. Merit pay system: Defense Intelligence Agency and Central
Imagery Office''.
SEC. 482. TEMPORARY PROGRAM FOR CIVILIAN WORKFORCE REDUCTION IN THE
NATIONAL SECURITY AGENCY.
(a) Voluntary Early Retirement Program.--The Secretary of Defense may
authorize the Director of the National Security Agency to permit
eligible employees to retire early from service voluntarily by
obtaining a lump-sum payment representing the present value of the 2
percent per annum early retirement penalty provided in section 8339(h)
of title 5, United States Code.
(b) Conditions for Payment.--Under the program, the payment may be
offered only--
(1) with the prior consent, or on the authority, of the
Secretary of Defense;
(2) to employees of the National Security Agency;
(3) to employees within such occupational groups or
geographic locations, or subject to such other similar
limitations or conditions as the Director of the National
Security Agency may require; and
(4) for a period not to exceed 90 consecutive days during the
period from October 1, 1996, to September 30, 1997.
(c) Terms of Payment.--Such payment shall--
(1) be paid in a lump sum;
(2) be equal to the present value of the total reduction in
the annuity pursuant to section 8339(h) of title 5, United
States Code, as calculated using appropriate present value
factors supplied by the Director of the Office of Personnel
Management;
(3) not be a basis for payment, and not be included in the
computation, of any other type of Government benefit;
(4) not be provided to employees who elect to receive
separation pay under section 5597 of title 5, United States
Code; and
(5) be subject to the availability of appropriations pursuant
to subsection (e).
(d) Repayment Upon Reemployment by the United States.--(1) An
individual who has received a payment under this section and
subsequently accepts employment with the United States shall be
required to repay, before the individual's first day of employment, the
entire amount of the lump-sum payment to the National Security Agency.
(2) For the purpose of this section, the term ``employment''
includes--
(A) employment of any length or under any type of
appointment, but does not include employment that is without
compensation; and
(B) employment under a personal services contract, as defined
in the Federal Procurement Regulations.
(e) Source of Payment.--(1) A lump-sum payment under this section may
be paid by the Director of the National Security Agency only out of
appropriations available to the National Security Agency for salaries
and expenses.
(2) Funds authorized to be appropriated for operation and maintenance
for the National Security Agency in the Intelligence Authorization Act
for Fiscal Year 1997 are authorized to be made available for lump sum
payments under this section.
(f) Definition.--For purposes of this section, the term ``employee''
means an individual who on the date of the enactment of this Act is an
employee of the National Security Agency, serving under an appointment
without time limitation, who has been employed as of that date for a
period of at least 60 months, and who is in the Civil Service
Retirement System and is eligible for an annuity under section
8336(d)(2) of title 5, United States Code. Such term does not include--
(1) a reemployed annuitant under subchapter III of chapter 83
of such title; or
(2) an employee having a disability on the basis of which
such employee is or would be eligible for disability retirement
under chapter 83 of such title.
TITLE V--NATIONAL SECURITY COUNCIL AND RELATED BOARDS AND COMMITTEES
SEC. 501. RECODIFICATION OF LAWS RELATING TO NATIONAL SECURITY COUNCIL
AND RELATED BOARDS AND COMMITTEES IN EXECUTIVE
OFFICE OF THE PRESIDENT.
Title I of the National Security Act of 1947 is amended by striking
out the title heading and sections 101 through 107 and inserting in
lieu thereof the following:
``TITLE I--NATIONAL SECURITY COUNCIL AND RELATED BOARDS AND COMMITTEES
``SEC. 101. NATIONAL SECURITY COUNCIL.
``(a) In General.--There is in the Executive Office of the President
the National Security Council. The Council is composed of the
following:
``(1) The President.
``(2) The Vice President.
``(3) The Secretary of State.
``(4) The Secretary of Defense.
``(b) Additional Participants.--Subject to the direction of the
President, the following officers may attend and participate in
meetings of the National Security Council:
``(1) Director of central intelligence.--The Director of
Central Intelligence (or, in the Director's absence, a Deputy
Director of Central Intelligence), in the performance of the
Director's duties under this Act and the Intelligence Community
Act.
``(2) Chairman of the joint chiefs of staff.--The Chairman
(or, in the Chairman's absence, the Vice Chairman) of the Joint
Chiefs of Staff, in the Chairman's role as principal military
adviser to the National Security Council.
``(3) Director of national drug control policy.--The Director
of National Drug Control Policy, in the Director's role as
principal adviser to the National Security Council on national
drug control policy, but only through the date specified in
section 1009 of the National Narcotics Leadership Act of 1988
(21 U.S.C. 1506).
``(4) Others designated by the president.--Such additional
officers as may be designated by the President.
``(c) Functions.--The function of the Council shall be to advise the
President with respect to the integration of domestic, foreign, and
military policies relating to the national security so as to enable the
military services and the other departments and agencies of the
Government to cooperate more effectively in matters involving the
national security. In addition to performing such other functions as
the President may direct, the Council (subject to the direction of the
President) shall, for the purpose of more effectively coordinating the
policies and functions of the departments and agencies of the
Government relating to the national security--
``(1) assess and appraise the objectives, commitments, and
risks of the United States in relation to our actual and
potential military power, in the interest of national security,
for the purpose of making recommendations to the President in
connection therewith; and
``(2) consider policies on matters of common interest to the
departments and agencies of the Government concerned with the
national security and make recommendations to the President in
connection therewith.
``(d) Recommendations and Reports.--The Council shall, from time to
time, make such recommendations and such other reports to the President
as it considers appropriate or as the President may require.
``(e) Staff.--The Council shall have a staff to be headed by a
civilian executive secretary who shall be appointed by the President.
The executive secretary, subject to the direction of the Council, may
subject to the civil-service laws, appoint and fix the compensation of
such personnel as may be necessary to perform such duties as may be
prescribed by the Council in connection with the performance of its
functions.
``SEC. 104. BOARD FOR LOW INTENSITY CONFLICT.
``(a) Establishment of Board.--The President shall establish within
the National Security Council a board to be known as the `Board for Low
Intensity Conflict'.
``(b) Function.--The principal function of the board shall be to
coordinate the policies of the United States for low intensity
conflict.
``SEC. 105. NATIONAL COUNTERINTELLIGENCE POLICY BOARD.
``(a) Establishment of Board.--There is within the executive branch
of the Government a National Counterintelligence Policy Board. The
Board shall report to the President through the National Security
Council.
``(b) Function of the Board.--The Board shall serve as the principal
mechanism for--
``(1) developing policies and procedures for the approval of
the President to govern the conduct of counterintelligence
activities; and
``(2) resolving conflicts, as directed by the President,
which may arise between elements of the Government which carry
out such activities.''.
SEC. 502. COMMITTEE ON FOREIGN INTELLIGENCE.
Title I of the National Security Act of 1947, as amended by section
501, is further amended by inserting after section 101 the following
new section 102:
``SEC. 102. COMMITTEE ON FOREIGN INTELLIGENCE.
``(a) Establishment of Committee.--There is established within the
National Security Council a Committee on Foreign Intelligence. The
Committee shall be composed of the following:
``(1) The Assistant to the President for National Security
Affairs, who shall serve as chairman of the Committee.
``(2) The following officers or their respective deputies:
``(A) The Director of Central Intelligence.
``(B) The Secretary of State.
``(C) The Secretary of Defense.
``(D) The Attorney General.
``(E) The Chairman of the Joint Chiefs of Staff.
``(3) Such other members as the President may designate.
``(b) Function.--The function of the Committee on Foreign
Intelligence shall be--
``(1) to establish, consistent with the policy and objectives
of the President, the overall requirements and priorities for
the Intelligence Community; and
``(2) to assess regularly, on behalf of the President, how
effectively the Intelligence Community has performed its
responsibilities under this Act and the Intelligence Community
Act.
``(c) Semiannual Strategic Intelligence Review Process With
Congress.--Not less often than every six months, the Committee on
Foreign Intelligence shall convene a meeting with the members of the
congressional intelligence committees to conduct a comprehensive,
global strategic intelligence review. Each semiannual meeting shall
review significant strategic intelligence trends, strategic
intelligence reporting, and anticipated Intelligence Community
requirements for the following six to twelve months.''.
SEC. 503. TRANSNATIONAL THREATS.
Title I of the National Security Act of 1947, as amended by sections
501 and 502, is further amended by inserting after section 102 the
following new section 103:
``SEC. 103. COMMITTEE ON TRANSNATIONAL THREATS.
``(a) Establishment.--There is established within the National
Security Council a Committee on Transnational Threats. The Committee
shall be composed of the following:
``(1) The Assistant to the President for National Security
Affairs, who shall serve as chairman of the Committee.
``(2) The following officers or their respective deputies:
``(A) The Director of Central Intelligence.
``(B) The Secretary of State.
``(C) The Secretary of Defense.
``(D) The Attorney General.
``(3) Such other members as the President may designate.
``(b) Function.--The function of the Committee on Transnational
Threats shall be to coordinate and direct the activities of the United
States Government relating to combating transnational threats. In
carrying out its function, the Committee shall--
``(1) identify transnational threats;
``(2) develop strategies to enable the United States
Government to respond to transnational threats identified under
paragraph (1);
``(3) monitor implementation of such strategies;
``(4) make recommendations as to appropriate responses to
specific transnational threats;
``(5) assist in the resolution of operational and policy
differences among Federal departments and agencies in their
responses to transnational threats;
``(6) develop policies and procedures to ensure the effective
sharing of information about transnational threats among
Federal departments and agencies, including law enforcement
agencies and the elements of the intelligence community; and
``(7) develop guidelines to enhance and improve the
coordination of Federal law enforcement activities overseas.
``(c) Definition of transnational threat.--For purposes of this
section, the term `transnational threat' means the following:
``(1) Any transnational activity (including international
terrorism, narcotics trafficking, the proliferation of weapons
of mass destruction and the delivery systems for such weapons,
and organized crime) that threatens the national security of
the United States.
``(2) Any individual or group that engages in an activity
referred to in paragraph (1).''.
TITLE VI--TECHNICAL AND CONFORMING AMENDMENTS AND EFFECTIVE DATE
SEC. 601. RESTATEMENT OF NATIONAL SECURITY AGENCY ACT OF 1959.
The National Security Agency Act of 1959 (50 U.S.C. 402 note) is
amended to read as follows:
``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the `National Security
Agency Act of 1959'.
``(b) Table of Contents.--The table of contents for this Act is as
follows:
``Sec. 1. Short title; table of contents.
``Sec. 2. General personnel authorities.
``Sec. 3. Protection of identities of employees.
``Sec. 4. Authority to lease real property outside the United States.
``Sec. 5. Benefits for personnel assigned to special cryptologic
activities outside the United States.
``Sec. 10. Language training for cryptologic personnel.
``Sec. 11. Protection of facilities by General Services Administration.
``Sec. 12. Senior Cryptologic Executive Service.
``Sec. 13. Grants for cryptologic research.
``Sec. 14. Availability of certain appropriations.
``Sec. 15. Protection of agency name from unauthorized use.
``Sec. 16. Recruitment of qualified personnel.
``Sec. 17. Authority to pay certain expenses for employees dying while
on rotational tour of duty in the United States.
``SEC. 2. GENERAL PERSONNEL AUTHORITIES.
``(a) In General.--General personnel authorities of the Secretary of
Defense with respect to the National Security Agency are provided in
chapter 83 of title 10, United States Code.
``(b) Authority for Additional Compensation for Certain Employees.--
Officers and employees of the National Security Agency who are citizens
or nationals of the United States may be granted additional
compensation, in accordance with regulations which shall be prescribed
by the Secretary of Defense, not in excess of additional compensation
authorized by section 5941 of title 5, United States Code, for
employees whose rates of basic compensation are fixed by statute.
``SEC. 3. PROTECTION OF IDENTITIES OF EMPLOYEES.
``Nothing in this Act or any other law shall be construed to require
the disclosure of the organization or any function of the National
Security Agency, of any information with respect to the activities
thereof, or of the names, titles, salaries, or number of the persons
employed by such agency.
``SEC. 4. AUTHORITY TO LEASE REAL PROPERTY OUTSIDE THE UNITED STATES.
``(a) Authority.--Notwithstanding section 322 of the Act of June 30,
1932 (40 U.S.C. 278a), section 5536 of title 5, United States Code, and
section 2675 of title 10, United States Code, the Director of the
National Security Agency, on behalf of the Secretary of Defense, may
lease real property outside the United States, for periods not
exceeding ten years, for the use of the National Security Agency for
special cryptologic activities and for housing for personnel assigned
to such activities.
``(b) Limitation to Appropriated Funds.--The authority of the
Director of the National Security Agency, on behalf of the Secretary of
Defense, to make payments under subsection (a), and under contracts for
leases entered into under subsection (a), is effective for any fiscal
year only to the extent that appropriated funds are available for such
purpose.
``SEC. 5. BENEFITS FOR PERSONNEL ASSIGNED TO SPECIAL CRYPTOLOGIC
ACTIVITIES OUTSIDE THE UNITED STATES.
``(a) Authority To Provide Certain Benefits.--The Director of the
National Security Agency, on behalf of the Secretary of Defense, may
provide to certain civilian and military personnel of the Department of
Defense who are assigned to special cryptologic activities outside the
United States and who are designated by the Secretary of Defense for
the purposes of this subsection the following:
``(1) Allowances and benefits--
``(A) comparable to those provided by the Secretary
of State to members of the Foreign Service under
chapter 9 of title I of the Foreign Service Act of 1980
(22 U.S.C. 4081 et seq.) or any other provision of law;
and
``(B) in the case of selected personnel serving in
circumstances similar to those in which personnel of
the Central Intelligence Agency serve, comparable to
those provided by the Director of Central Intelligence
to personnel of the Central Intelligence Agency.
``(2) Housing (including heat, light, and household
equipment) without cost to such personnel, if the Director of
the National Security Agency, on behalf of the Secretary of
Defense, determines that it would be in the public interest to
provide such housing.
``(3) Special retirement accrual in the same manner provided
in section 303 of the Central Intelligence Agency Retirement
Act (50 U.S.C. 2153) and in section 18 of the Central
Intelligence Agency Act of 1949.
``(b) Limitation to Appropriated Funds.--The authority of the
Director of the National Security Agency, on behalf of the Secretary of
Defense, to make payments under subsection (a) is effective for any
fiscal year only to the extent that appropriated funds are available
for such purpose.
``(c) Prohibition of Duplication of Benefits.--Members of the Armed
Forces may not receive benefits under both subsection (a)(1) and under
title 37, United States Code, for the same purpose. The Secretary of
Defense shall prescribe such regulations as may be necessary to carry
out this subsection.
``(d) Regulations.--Regulations prescribed under subsection (a)(1)
shall be submitted to the Permanent Select Committee on Intelligence of
the House of Representatives and the Select Committee on Intelligence
of the Senate before such regulations take effect.
``SEC. 10. LANGUAGE TRAINING FOR CRYPTOLOGIC PERSONNEL.
``(a) Language Training Programs.--The Director of the National
Security Agency shall arrange for, and shall prescribe regulations
concerning, language and language-related training programs for
military and civilian cryptologic personnel. In establishing programs
under this section for language and language-related training, the
Director--
``(1) may provide for the training and instruction to be
furnished, including functional and geographic area
specializations;
``(2) may arrange for training and instruction through other
Government agencies and, in any case in which appropriate
training or instruction is unavailable through Government
facilities, through nongovernmental facilities that furnish
training and instruction useful in the fields of language and
foreign affairs;
``(3) may support programs that furnish necessary language
and language-related skills, including, in any case in which
appropriate programs are unavailable at Government facilities,
support through contracts, grants, or cooperation with
nongovernmental educational institutions; and
``(4) may obtain by appointment or contract the services of
individuals to serve as language instructors, linguists, or
special language project personnel.
``(b) Foreign Language Proficiency Incentives.--(1) In order to
maintain necessary capability in foreign language skills and related
abilities needed by the National Security Agency, the Director, without
regard to subchapter IV of chapter 55 of title 5, United States Code,
may provide special monetary or other incentives to encourage civilian
cryptologic personnel of the Agency to acquire or retain proficiency in
foreign languages or special related abilities needed by the Agency.
``(2) In order to provide linguistic training and support for
cryptologic personnel, the Director--
``(A) may pay all or part of the tuition and other expenses
related to the training of personnel who are assigned or
detailed for language and language-related training,
orientation, or instruction; and
``(B) may pay benefits and allowances to civilian personnel
in accordance with chapters 57 and 59 of title 5, United States
Code, and to military personnel in accordance with chapter 7 of
title 37, United States Code, and applicable provisions of
title 10, United States Code, when such personnel are assigned
to training at sites away from their designated duty station.
``(c) Cryptologic Linguist Reserve.--(1) To the extent not
inconsistent, in the opinion of the Secretary of Defense, with the
operation of military cryptologic reserve units and in order to
maintain necessary capability in foreign language skills and related
abilities needed by the National Security Agency, the Director may
establish a Cryptologic Linguist Reserve.
``(2) The Cryptologic Linguist Reserve may consist of former or
retired civilian or military cryptologic personnel of the National
Security Agency and of other qualified individuals, as determined by
the Director of the Agency. Each member of the Cryptologic Linguist
Reserve shall agree that, during any period of emergency (as determined
by the Director), the member shall return to active civilian status
with the National Security Agency and shall perform such linguistic or
linguistic-related duties as the Director may assign.
``(3) In order to attract individuals to become members of the
Cryptologic Linguist Reserve, the Director, without regard to
subchapter IV of chapter 55 of title 5, United States Code, may provide
special monetary incentives to individuals eligible to become members
of the reserve who agree to become members of the cryptologic linguist
reserve and to acquire or retain proficiency in foreign languages or
special related abilities.
``(4) In order to provide training and support for members of the
Cryptologic Linguist Reserve, the Director--
``(A) may pay all or part of the tuition and other expenses
related to the training of individuals in the Cryptologic
Linguist Reserve who are assigned or detailed for language and
language-related training, orientation, or instruction; and
``(B) may pay benefits and allowances in accordance with
chapters 57 and 59 of title 5, United States Code, to
individuals in the Cryptologic Linguist Reserve who are
assigned to training at sites away from their homes or regular
places of business.
``(d) Service Agreements.--(1) The Director, before providing
training under this section to any individual, may obtain an agreement
with that individual that--
``(A) in the case of current employees, pertains to
continuation of service of the employee, and repayment of the
expenses of such training for failure to fulfill the agreement,
consistent with the provisions of section 4108 of title 5,
United States Code; and
``(B) in the case of individuals accepted for membership in
the Cryptologic Linguist Reserve, pertains to return to service
when requested, and repayment of the expenses of such training
for failure to fulfill the agreement, consistent with the
provisions of section 4108 of title 5, United States Code.
``(2) The Director, under regulations prescribed under this section,
may waive, in whole or in part, a right of recovery under an agreement
made under this subsection if it is shown that the recovery would be
against equity and good conscience or against the public interest.
``(e) Language Training for Family Members.--(1) Subject to paragraph
(2), the Director may provide to family members of military and
civilian cryptologic personnel assigned to representational duties
outside the United States, in anticipation of the assignment of such
personnel outside the United States or while outside the United States,
appropriate orientation and language training that is directly related
to the assignment abroad.
``(2) Language training under paragraph (1) may not be provided to
any individual through payment of the expenses of tuition or other cost
of instruction at a non-Government educational institution unless
appropriate instruction is not available at a Government facility.
``(f) Waiver Authority.--The Director may waive the applicability of
any provision of chapter 41 of title 5, United States Code, to any
provision of this section if he finds that such waiver is important to
the performance of cryptologic functions.
``(g) Limitation to Appropriated Funds.--The authority of the
Director to enter into contracts or to make grants under this section
is effective for any fiscal year only to the extent that appropriated
funds are available for such purpose.
``(h) Regulations.--Regulations prescribed under this section shall
be submitted to the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on Intelligence of
the Senate before such regulations take effect.
``(i) Travel and Transportation Expenses in Connection With Training
Outside the United States.--The Director of the National Security
Agency, on behalf of the Secretary of Defense, may, without regard to
section 4109(a)(2)(B) of title 5, United States Code, pay travel,
transportation, storage, and subsistence expenses under chapter 57 of
such title to civilian and military personnel of the Department of
Defense who are assigned to duty outside the United States for a period
of one year or longer which involves cryptologic training, language
training, or related disciplines.
``SEC. 11. PROTECTION OF FACILITIES BY GENERAL SERVICES ADMINISTRATION.
``The Administrator of General Services, upon the application of the
Director of the National Security Agency, may provide for the
protection in accordance with section 3 of the Act of June 1, 1948 (40
U.S.C. 318b), of certain facilities (as designated by the Director of
such Agency) which are under the administration and control of, or are
used by, the National Security Agency in the same manner as if such
facilities were property of the United States over which the United
States has acquired exclusive or concurrent criminal jurisdiction.
``SEC. 12. SENIOR CRYPTOLOGIC EXECUTIVE SERVICE.
``(a) Authority To Establish SCES.--(1) The Secretary of Defense (or
his designee) may by regulation establish a personnel system for senior
civilian cryptologic personnel in the National Security Agency to be
known as the Senior Cryptologic Executive Service. The regulations
establishing the Senior Cryptologic Executive Service shall do the
following:
``(A) Meet the requirements set forth in section 3131 of
title 5, United States Code, for the Senior Executive Service.
``(B) Provide that positions in the Senior Cryptologic
Executive Service meet requirements that are consistent with
the provisions of section 3132(a)(2) of such title.
``(C) Provide, without regard to section 2, rates of pay for
the Senior Cryptologic Executive Service that are not in excess
of the maximum rate or less than the minimum rate of basic pay
established for the Senior Executive Service under section 5382
of such title, and that are adjusted at the same time and to
the same extent as rates of basic pay for the Senior Executive
Service are adjusted.
``(D) Provide a performance appraisal system for the Senior
Cryptologic Executive Service that conforms to the provisions
of subchapter II of chapter 43 of such title.
``(E) Provide for removal consistent with section 3592 of
such title, and removal or suspension consistent with
subsections (a), (b), and (c) of section 7543 of such title
(except that any hearing or appeal to which a member of the
Senior Cryptologic Executive Service is entitled shall be held
or decided pursuant to procedures established by regulations of
the Secretary of Defense).
``(F) Permit the payment of performance awards to members of
the Senior Cryptologic Executive Service consistent with the
provisions applicable to performance awards under section 5384
of such title.
``(G) Provide that members of the Senior Cryptologic
Executive Service may be granted sabbatical leaves consistent
with the provisions of section 3396(c) of such title.
``(H) Provide for the recertification of members of the
Senior Cryptologic Executive Service consistent with the
provisions of section 3393a of such title.
``(2) Except as otherwise provided in paragraph (1), the Secretary of
Defense may--
``(A) make applicable to the Senior Cryptologic Executive
Service any of the provisions of title 5, United States Code,
applicable to applicants for or members of the Senior Executive
Service; and
``(B) appoint, promote, and assign individuals to positions
established within the Senior Cryptologic Executive Service
without regard to the provisions of title 5, United States
Code, governing appointments and other personnel actions in the
competitive service.
``(3) The President, based on the recommendations of the Secretary of
Defense, may award ranks to members of the Senior Cryptologic Executive
Service in a manner consistent with the provisions of section 4507 of
title 5, United States Code.
``(4) Notwithstanding any other provision of this section, the
Director of the National Security Agency may detail or assign any
member of the Senior Cryptologic Executive Service to serve in a
position outside the National Security Agency in which the member's
expertise and experience may be of benefit to the National Security
Agency or another Government agency. Any such member shall not by
reason of such detail or assignment lose any entitlement or status
associated with membership in the Senior Cryptologic Executive Service.
``(b) Merit Pay System.--The Secretary of Defense may by regulation
establish a merit pay system for such employees of the National
Security Agency as the Secretary of Defense considers appropriate. The
merit pay system shall be designed to carry out purposes consistent
with those set forth in section 5401(a) of title 5, United States Code.
``(c) Limitation on Total Compensation.--Nothing in this section
shall be construed to allow the aggregate amount payable to a member of
the Senior Cryptologic Executive Service under this section during any
fiscal year to exceed the annual rate payable for positions at level I
of the Executive Schedule in effect at the end of such year.
``SEC. 13. GRANTS FOR CRYPTOLOGIC RESEARCH.
``(a) Grant Authority.--The Director of the National Security Agency
may make grants to private individuals and institutions for the conduct
of cryptologic research. An application for a grant under this section
may not be approved unless the Director determines that the award of
the grant would be clearly consistent with the national security.
``(b) Applicable Law.--The grant program established by subsection
(a) shall be conducted in accordance with the Federal Grant and
Cooperative Agreement Act of 1977 (41 U.S.C. 501 et seq.) to the extent
that such Act is consistent with and in accordance with section 6 of
this Act.
``(c) Limitation to Appropriated Funds.--The authority of the
Director to make grants under this section is effective for any fiscal
year only to the extent that appropriated funds are available for such
purpose.
``SEC. 14. AVAILABILITY OF CERTAIN APPROPRIATIONS.
``Funds appropriated to an entity of the Federal Government other
than an element of the Department of Defense that have been
specifically appropriated for the purchase of cryptologic equipment,
materials, or services with respect to which the National Security
Agency has been designated as the central source of procurement for the
Government shall remain available for a period of three fiscal years.
``SEC. 15. PROTECTION OF AGENCY NAME FROM UNAUTHORIZED USE.
``(a) Prohibition on Unauthorized Use.--No person may, except with
the written permission of the Director of the National Security Agency,
knowingly use the words `National Security Agency', the initials `NSA',
the seal of the National Security Agency, or any colorable imitation of
such words, initials, or seal in connection with any merchandise,
impersonation, solicitation, or commercial activity in a manner
reasonably calculated to convey the impression that such use is
approved, endorsed, or authorized by the National Security Agency.
``(b) Enforcement.--Whenever it appears to the Attorney General that
any person is engaged or is about to engage in an act or practice which
constitutes or will constitute conduct prohibited by subsection (a),
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 the hearing and determination
of such action and may, at any time before 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 protection the action is brought.
``SEC. 16. RECRUITMENT OF QUALIFIED PERSONNEL.
``(a) Purpose.--The purpose of this section is to establish an
undergraduate training program, which may lead to the baccalaureate
degree, to facilitate the recruitment of individuals, particularly
minority high school students, with a demonstrated capability to
develop skills critical to the mission of the National Security Agency,
including mathematics, computer science, engineering, and foreign
languages.
``(b) Assignment of Civilian Employees.--The Secretary of Defense
may, in the Secretary's discretion, assign civilian employees of the
National Security Agency as students at accredited professional,
technical, and other institutions of higher learning for training at
the undergraduate level in skills critical to effective performance of
the mission of the Agency.
``(c) Limitation to Appropriated Funds.--The National Security Agency
may pay, directly or by reimbursement to employees, expenses incident
to assignments under subsection (b), in any fiscal year only to the
extent that appropriated funds are available for such purpose.
``(d) Employee Agreement.--(1) To be eligible for assignment under
subsection (b), an employee of the Agency must agree in writing to the
following:
``(A) To continue in the service of the Agency for the period
of the assignment and to complete the educational course of
training for which the employee is assigned.
``(B) To continue in the service of the Agency following
completion of the assignment for a period of one-and-a-half
years for each year of the assignment or part thereof.
``(C) To reimburse the United States for the total cost of
education (excluding the employee's pay and allowances)
provided under this section to the employee if, before the
employee's completing the educational course of training for
which the employee is assigned, the assignment or the
employee's employment with the Agency is terminated either by
the Agency due to misconduct by the employee or by the employee
voluntarily.
``(D) To reimburse the United States if, after completing the
educational course of training for which the employee is
assigned, the employee's employment with the Agency is
terminated either by the Agency due to misconduct by the
employee or by the employee voluntarily, before the employee's
completion of the service obligation period described in
subparagraph (B), in an amount that bears the same ratio to the
total cost of the education (excluding the employee's pay and
allowances) provided to the employee as the unserved portion of
the service obligation period described in subparagraph (B)
bears to the total period of the service obligation described
in subparagraph (B).
``(2) Subject to paragraph (3), the obligation to reimburse the
United States under an agreement described in paragraph (1), including
interest due on such obligation, is for all purposes a debt owing the
United States.
``(3)(A) A discharge in bankruptcy under title 11, United States
Code, shall not release a person from an obligation to reimburse the
United States required under an agreement described in paragraph (1) if
the final decree of the discharge in bankruptcy is issued within five
years after the last day of the combined period of service obligation
described in subparagraphs (A) and (B) of paragraph (1).
``(B) The Secretary of Defense may release a person, in whole or in
part, from the obligation to reimburse the United States under an
agreement described in paragraph (1) when, in the Secretary's
discretion, the Secretary determines that equity or the interests of
the United States so require.
``(C) The Secretary of Defense shall permit an employee assigned
under this section who, before commencing a second academic year of
such assignment, voluntarily terminates the assignment or the
employee's employment with the Agency, to satisfy his obligation under
an agreement described in paragraph (1) to reimburse the United States
by reimbursement according to a schedule of monthly payments which
results in completion of reimbursement by a date five years after the
date of termination of the assignment or employment or earlier at the
option of the employee.
``(e) Disclosure to Educational Institution of Agency Affiliation of
Employee.--(1) When an employee is assigned under this section to an
institution, the Agency shall disclose to the institution to which the
employee is assigned that the Agency employs the employee and that the
Agency funds the employee's education.
``(2) Agency efforts to recruit individuals at educational
institutions for participation in the undergraduate training program
established by this section shall be made openly and according to the
common practices of universities and employers recruiting at such
institutions.
``(f) Inapplicability of Certain Laws.--Chapter 41 of title 5 and
subsections (a) and (b) of section 3324 of title 31, United States
Code, shall not apply with respect to this section.
``(g) Regulations.--The Secretary of Defense may prescribe such
regulations as may be necessary to implement this section.
``SEC. 17. AUTHORITY TO PAY CERTAIN EXPENSES FOR EMPLOYEES DYING WHILE
ON ROTATIONAL TOUR OF DUTY IN THE UNITED STATES.
``(a) Authority.--The Secretary of Defense may pay the expenses
referred to in section 5742(b) of title 5, United States Code, in the
case of any employee of the National Security Agency who dies while on
a rotational tour of duty within the United States or while in transit
to or from such tour of duty.
``(b) Definition.--For the purposes of this section, the term
`rotational tour of duty', with respect to an employee, means a
permanent change of station involving the transfer of the employee from
the National Security Agency headquarters to another post of duty for a
fixed period established by regulation to be followed at the end of
such period by a permanent change of station involving a transfer of
the employee back to such headquarters.''.
SEC. 602. AMENDMENTS TO TITLE 5, UNITED STATES CODE.
(a) Pay.--Section 5314 of title 5, United States Code, is amended by
striking out ``Deputy Director of Central Intelligence'' and inserting
in lieu thereof ``Deputy Directors of Central Intelligence (2)''.
(b) Merit System Principles.--Section 2305 of title 5, United States
Code, is amended by striking out ``section 102 of the National Security
Act of 1947 (61 Stat. 495; 50 U.S.C. 403),'' and inserting in lieu
thereof ``subtitle A of title I of the Intelligence Community Act,''.
SEC. 603. REPEAL OF PROVISIONS RECODIFIED IN NEW ACT.
(a) Fiscal Year 1996 Intelligence Authorization Act.--Section 306 of
the Intelligence Authorization Act for Fiscal Year 1996 (Public Law
104-93; 50 U.S.C. 435 note; 109 Stat. 966) is repealed.
(b) Fiscal Year 1995 Intelligence Authorization Act.--The following
provisions of the Intelligence Authorization Act for Fiscal Year 1995
(Public Law 103-359) are repealed:
(1) Section 603 (50 U.S.C. 403-3 note; 108 Stat. 3433).
(2) Section 811 (50 U.S.C. 402a; 108 Stat. 3455).
(c) Fiscal Year 1992 Intelligence Authorization Act.--Section 403 of
the Intelligence Authorization Act for Fiscal Year 1992 (Public Law
102-183; 50 U.S.C. 403-2; 105 Stat. 1267) is repealed.
(d) National Security Act of 1947.--Section 109 of the National
Security Act of 1947 (50 U.S.C. 404d) is repealed.
(e) Fiscal Year 1995 Defense Appropriations Act.--Section 8154 of the
Department of Defense Appropriations Act, 1995 (10 U.S.C. 384 note; 50
U.S.C. 403f note; 108 Stat. 2658) is repealed.
(f) Fiscal Year 1994 Defense Appropriations Act.--Section 8107 of the
Department of Defense Appropriations Act, 1994 (50 U.S.C. 414 note; 107
Stat. 1464) is repealed.
SEC. 604. NATIONAL SECURITY ACT OF 1947.
(a) Table of Contents.--The table of contents in the first section of
the National Security Act of 1947 is amended--
(1) by inserting after the item relating to section 2 the
following new item:
``Sec. 3. Definitions.'';
(2) by striking out the items relating to the heading for
title I and sections 101 through 107 and inserting in lieu
thereof the following:
``Title I--National Security Council and Related Boards and Committees
``Sec. 101. National Security Council.
``Sec. 102. Committee on Foreign Intelligence.
``Sec. 103. Committee on Transnational Threats.
``Sec. 104. Board for Low Intensity Conflict.
``Sec. 105. National Counterintelligence Policy Board.'';
(3) by striking out the item relating to section 109 and the
item following that item (relating to section 104); and
(4) by striking out the items relating to sections 202
through 204, 208 through 214, 301, 302, and 304 through 306.
(b) Format Amendments.--Title IX of such Act is amended--
(1) in section 904 (50 U.S.C. 441c), by striking out
``required to be imposed by'' and all that follows and
inserting in lieu thereof ``required to be imposed by any of
the following provisions of law:
``(1) The Chemical and Biological Weapons Control and Warfare
Elimination Act of 1991 (title III of Public Law 102-182).
``(2) The Nuclear Proliferation Prevention Act of 1994 (title
VIII of Public Law 103-236).
``(3) Section 11B of the Export Administration Act of 1979
(50 U.S.C. App. 2410b).
``(4) Chapter 7 of the Arms Export Control Act (22 U.S.C.
2797 et seq.).
``(5) The Iran-Iraq Arms Non-Proliferation Act of 1992 (title
XVI of Public Law 102-484).
``(6) The following provisions of annual appropriations Acts:
``(A) Section 573 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act,
1994 (Public Law 103-87; 107 Stat. 972).
``(B) Section 563 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act,
1995 (Public Law 103-306; 108 Stat. 1649).
``(C) Section 552 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act,
1996 (Public Law 104-107; 110 Stat. 741).
``(7) Comparable provisions.''; and
(2) in section 905 (50 U.S.C. 441d), by striking out ``on the
date which is one year after the date of the enactment of this
title'' and inserting in lieu thereof ``on January 6, 1997''.
SEC. 605. ABOLITION OF NATIONAL INTELLIGENCE COUNCIL.
The National Intelligence Council is abolished.
SEC. 606. EFFECTIVE DATE.
Except as otherwise specifically provided in this Act, this Act and
the amendments made by this Act shall take effect six months after the
date of the enactment of this Act, except that the President may
prescribe an earlier date. Any such date prescribed by the President
shall be published in the Federal Register.
Amend the title so as to read:
A bill to provide for improved management and operation
of intelligence activities of the Government by providing for a
more corporate approach to intelligence so as to provide an
improved Intelligence Community for the 21st century, and for
other purposes.
Purpose
The purposes of this Act are:
(1) To provide a corporate framework for the improved
management of United States intelligence activities at
all levels and within all intelligence disciplines:
(2) To provide an institutional structure that will
continue to ensure that the Intelligence Community
serves the needs of the Government as a whole in an
effective timely and corporate manner:
(3) To clarify by law the responsibilities of United
States intelligence agencies; and
(4) To improve the congressional oversight of
intelligence activities.
IC21: The Intelligence Community in the 21st Century
At the outset of the 104th Congress, the Committee began a
review of the current roles, functions, missions and
capabilities of the Intelligence Community, with an emphasis on
how well suited these were to address likely national security
concerns in the 21st century. This review was intended to be
parallel and complementary to the work being begun by the
Commission on the Roles and Capabilities of the United States
Intelligence Community, which had been created by the
Intelligence Authorization Act for Fiscal Year 1995 (P.L. 103-
359). This Committee project was given the name IC21: The
Intelligence Community in the 21st Century.
GUIDING CONCEPTS OF IC21
IC21 has been guided by the following broad concepts:
The United States continues to need a strong, highly
capable and increasingly flexible Intelligence Community. This
need has not diminished with the end of the Cold War. Indeed,
the current international situation is, in many ways, more
complex and more difficult to deal with than was the relatively
stable, bi-polar Cold War. Thus, although we find our national
security less threatened, the demands for intelligence remain
and may likely increase. The focus of our national security has
changed, but the mission of the Intelligence Community has not
changed: to ensure that our nation never again suffers a
crippling, strategic surprise: to provide timely, assessed
intelligence to civil and military policy-makers that is the
basis for sound decision making; supporting military
operations; and, carrying out certain non-traditional
intelligence operations--including covert action--in accordance
with laws and as tasked by legally responsible officials.
A key issue is opportunity, not reform. U.S. national
security interests are less threatened than at any time since
1940. This is a propitious moment in which to review major
aspects of our national security apparatus and to update them
in an atmosphere relatively free form crisis. Although Congress
and the Executive continue to deal with issues regarding the
propriety of certain operations (oversight and--occasionally--
legality), these are not the main driving issues as they were
in the mid-1970s.
Every facet and institution within the Intelligence
Community was reviewed; nothing was above scrutiny, no agency
or mission was immune from scrutiny. There also were no
preconceptions as to the ``right answer'' for the future of the
Intelligence Community.
IC21 is not an exercise designed to reduce, or even to
shape the intelligence budget. The goal is to provide the broad
shape of the Intelligence Community that will best meet U.S.
national security needs into the next century. The question of
whether the price for this type of Intelligence Community is
acceptable can only be decided by Congress and the Executive
during their budget deliberations.
The Committee examined and considered major structural
changes in detail to ensure that support and a firm basis for
these changes existed, and that they would yield the
appropriate results. Any major recommendation for
organizational change must come only from well-defined
intelligence or policy-maker needs.
Although the Committee's sole jurisdiction over the
national Intelligence community is broad, it shares
jurisdiction with the House National Security Committee over
tactical and joint intelligence programs. Reforms and
structural change can only be considered in conjunction with
that Committee. It is important to keep the primary focus on
those issues that might require legislative remedies. Changes
that can be carried out by or within the Executive should also
be noted, as should findings for which no specific
recommendations are made.
Any changes must result in improved processes or products
to be worth the cost of short-lived dislocations.
To the greatest extent possible, the IC21 process has been
public and unclassified. One of the goals of IC21 has been to
renew a national consensus to support a strong, diverse and
capable Intelligence Community. Such a consensus must rely on
an easily accessible body of information. This is an especially
important function because, as several witnesses told the
Committee, beyond Congress and the Executive there is no
natural constituency for intelligence in the United States.
Finally, the focus has been on where the Intelligence
Community needs to be in the next 10-15 years, not a snapshot
of where we are today.
scope of the IC21 process
Defining the issues
Committee staff began by defining the types of issues that
either had to be addressed or could be most profitably
addressed regarding the future of the Intelligence Community.
This led, first, to a set of detailed questions about the
Intelligence Community that were sent out to over 40 former and
current national security officials, academics and intelligence
veterans.
Based on these preliminary efforts and on the responses to
the questions, IC21 was undertaken with the view that it would
be most profitable to look at the Intelligence Community
largely in terms of broad functional categories, rather than
agency-by-agency. An agency-by-agency approach would largely
lead to either a confirmation or rejection of the status quo
without providing a basis for projecting future intelligence
needs and how best to meet them. The following were the
defining intelligence functions:
Management Functions
Requirements
Resource Management
Collection Management
Production Management
Execution Functions
Systems Development
Collection via open sources, human intelligence,
signals intelligence, imagery, measurement and
signatures intelligence
Analysis
Support Functions
Infrastructure Support
Evaluation, which is both a management and an
execution function.
Expert testimony
The Committee undertook a series of hearings and staff
panels to help shape the project and to provide expert
testimony on IC21 issues. The following hearings were held, all
but one of which were open--in keeping with the guiding concept
of an open process. (The transcript of the one closed hearing
has since been declassified and is being publishing along with
the other hearings.)
Former Directors of Central Intelligence, May 22, 1995
Honorable Richard Helms; Honorable James Schlesinger;
Honorable William E. Colby; Honorable Stansfield Turner;
Honorable William H. Webster; Honorable R. James Woolsey.
Future of Technology, July 13, 1995
Bill Richardson, Director, the Advanced Technologies
Office, Director of Central Intelligence's Community Management
Staff; Dr. Lee Buchanan, Director, Defense Sciences Office,
Advanced Research Projects Agency; Dr. Curtis R. Carlson,
Executive Vice President, David Sarnoff Research Center.
Policy Makers and Intelligence, July 27, 1995
Lt. General Brent Scowcroft, USAF (ret.), former National
Security Adviser to Presidents Ford and Bush; Ambassador Robert
Kimmit, former Ambassador to Germany and Under Secretary of
State for Political Affairs; Dr. Joseph Massey, former
Assistant U.S. Trade Representative.
Enabling Technologies, October 18, 1995
Honorable Paul G. Kaminski, Under Secretary of Defense for
Acquisition and Technology; Norm Augustine, President,
Lockheed-Martin Corporation; Edward McCracken, Chairman and
CEO, Silicon Graphics Incorporated.
Intelligence Community ``Wise Men,'' November 16, 1995
John N. McMahon, former Deputy Director of Central
Intelligence; Richard J. Kerr, former Deputy Director of
Central Intelligence; Lt. General James R. Clapper, USAF
(ret.), former Director, Defense Intelligence Agency.
Director of Central Intelligence, December 19, 1995
Honorable John M. Deutch, Director of Central Intelligence.
In addition to these hearings specifically devoted to IC21
issues, the Committee gleaned much useful information relevant
to IC21 during the extensive 1995 budget authorization process,
which included 11 full Committee hearings, 20 Member briefings
and over 200 staff briefings.
Immediately before H.R. 3237 was introduced on April 15,
1996, the Committee held further hearings on IC21 issues. On
March 6, the Committee heard from former Secretary of Defense
Harold Brown and former Senator Warren Rudman, the Chairman,
and Vice Chairman, respectively, of the Commission on the Roles
and Capabilities of the United States Intelligence Community.
At two further hearings on IC21-related issues, witnesses
included Deputy Director of Central Intelligence George Tenet;
Assistant Secretary of State for Intelligence and Research Toby
Gati; Deputy Assistant Secretary of Defense of Intelligence
Joan Dempsey; and another hearing with Director of Central
Intelligence Deutch. IC21 issues were also examined during the
six full Committee hearings on the FY 1997 intelligence
authorization held in early 1996. On May 29, 1996, Director of
Central Intelligence Deutch and Deputy Secretary of Defense
John White briefed the Committee on their views of the bill as
reported.
Finally, as noted, staff conducted dozens of interviews and
held several staff panels and conducted scores of interviews
with experts covering aspects of signals intelligence; imagery
intelligence; measurement and signals intelligence; the
clandestine service; Intelligence Community ``surge''
capability; and public perceptions of intelligence.
Staff studies
Simultaneous with these other efforts, Majority staff
prepared 14 staff studies, covering the range of issues first
defined in 1995. These studies were published in April 1996,
offering detailed analysis, as well as 87 findings and 105
recommendations on:
Intelligence Community Management
Intelligence Requirements Process
Collection Synergy
Signals Intelligence (SIGINT)
Imagery Intelligence (IMINT)
Measruement and Signatures Intelligence (MASINT)
Collection: Launch
Intelligence Community ``Surge'' Capability
Intelligence Support to Military Operations
Intelligence Centers
Intelligence and Law Enforcement
Intelligence Communications
Congressional Oversight.
H.R. 3237 is based on this entire body of work. Moreover,
once the bill was introduced, in addition to the further
hearings noted above, staff continued its broad consultations
with a wide variety of experts in and out of the Intelligence
Community, with non-intelligence Executive Branch agencies, and
with other interested Congressional staff and Members. As a
result, the bill as originally introduced was further refined,
resulting in the amendment in the nature of a substitute that
is reported favorably herein.
committee findings
The Committee found that the phrase ``intelligence
community'' as a more apt description of how this important
function is organized and managed than most people realize. It
is the product of a half century of ad hoc development--largely
through executive order and directive rather than statute. This
has resulted in a vast array of organizations. Each of these
entities makes sense individually but, as a whole, the
Intelligence Community fails to achieve the coherence one would
expect, even accounting for the fact that intelligence is
housed in a number of separate departments and agencies, and
supports separate and distinct consumers: the policy community
and the military.
The major thematic finding of IC21 and embodied in H.R.
3237 is the need for a more ``corporate'' Intelligence
Community, i.e., one in which all components understand that
they are part of a larger coherent process aiming at a single
goal: the delivery of timely intelligence to decision makers at
various levels. What this means, in practical terms, is that
central management of the Intelligence Community should be
strengthened; core competencies (collection, analysis,
operations) should be reinforced; and infrastructure should be
consolidated wherever possible.
This finding is not very different from that made by Vice
President Gore's National Performance Review on the
Intelligence Community (September 1993; p. 1), which observed:
. . . The first and perhaps most important finding of
the National Performance Review is that there must be
an overarching vision for the Intelligence Community.
The members must come together as a team working toward
common goals and must realign resources and functions
to make the Community most effective in a post-Cold War
environment.
In addition to providing a more corporate framework and a
more coherent Intelligence Community structure in statute, H.R.
3237 also finds that the authorities of the Director of Central
Intelligence are not commensurate with his responsibilities for
coordinating all U.S. intelligence activities.
Several specific findings underscore these broader ones:
The DCI should be thought of as the ``chief executive
officer'' of a more corporate Intelligence Community. As such,
he should have a greater voice in the appointment of his
``corporate team,'' particularly the directors of National
Foreign Intelligence Program Defense agencies.
It has been difficult for Intelligence Community management
to look at activities, budgets and programs as a whole.
Instead, these have been looked at in three distinct blocks:
the National Foreign Intelligence Program; the Joint Military
Intelligence Program; and Tactical Intelligence and Related
Activities.
Even within the National Foreign Intelligence Program, the
DCI lacks requisite authorities over program managers,
particularly in the areas of budget and personnel.
In addition to a strengthened DCI, there should be a
Director of Military Intelligence with increased authority over
non-National Foreign Intelligence Program defense intelligence
programs.
The Intelligence Community lacks and needs an improved
ability to evaluate the intelligence process from end-to-end,
that is, to be better able to relate requirements, tasking,
collection and production.
committee recommendations
Based on these findings, H.R. 3237 makes changes in six
major areas. First, the bill addresses the Community structures
available to support the DCI in his role over the entire
Intelligence Community. The bill creates a second Deputy DCI
for Community Management, in addition to the current Deputy DCI
who continues to support the DCI across his entire role. This
new Deputy DCI, working through an enhanced Community
Management Staff, will give the DCI a more central role in the
areas of budget, resources, requirements, collection tasking,
and research and development. This role of the Community
Management Staff is further enhanced by the creation of an
Infrastructure Support Office to manage administrative and
logistical issues like training, security, personnel, computer
procurement that are common to all intelligence agencies. The
bill also creates a National Intelligence Evaluation Council,
reporting to the DCI, to provide him with a staff to perform
the end-to-end evaluations of the entire intelligence process
that currently do not occur.
Second, the DCI's own authorities over the National Foreign
Intelligence Program are directly enhanced by giving him the
right to transfer limited amounts of money within that program
and to detail personnel for limited periods of national needs.
Both of these will make the DCI more of a direct participant in
the formulation, execution and direction of Intelligence
Community policies and less just an interested observer, as is
currently the case. Closely related to this personnel
initiative is the creation of an Intelligence Community
Reserve, which--relying on intelligence veterans and retirees,
or knowledgeable experts in academia and the private sector--
can be used to buttress Intelligence Community capabilities
(``surge capacity'') during crises.
Third, the bill designates the Director, Defense
Intelligence Agency as the Director of Military Intelligence
(DMI), in order to achieve more corporate management within the
defense intelligence community. This position is further
enhanced by the creation of a DMI Staff, which will work
closely with the Community Management Staff to bridge the gaps
among the three blocks of the intelligence program, especially
on budgeting issues.
Fourth, in order to improve executive guidance and
direction of the DCI and the Intelligence Community, which is
currently assigned to the National Security Council (NSC) but
usually devolved to some subordinate body, the bill creates a
Committee on Foreign Intelligence and a Committee on
Transnational Threats on the NSC.
Fifth, the bill creates a Civilian Intelligence Personnel
Management System in the Defense Department. This would allow
the Secretary of Defense to create an excepted personnel
service, which would improve the ability of the Defense
Department to attract and promote highly qualified personnel in
intelligence, and to manage civilian intelligence personnel
with greater flexibility and responsiveness to current needs.
Sixth, H.R. 3237 authorizes the DCI and the Secretary of
Defense to undertake a study on the future of intelligence
collection. H.R. 3237, as originally introduced, proposed
several significant changes in this area: separating the
Clandestine Service (DO) from the CIA; creating a Technical
Collection Agency to manage signals intelligence, imagery
intelligence and measurement and signatures intelligence; and
creating a Technology Development Office to manage collection
research and development. Similarly, DCI Deutch proposed
merging a number of imagery and mapping entities into a
National Imagery and Mapping Agency. All of these proposals
have far reaching consequences. Although the amended H.R. 3237
recedes from its original proposals in this area, the Committee
believed that there was sufficient agreement about the future
of intelligence collection to warrant further study on these
various concepts and others that may be of interest. The
Committee recognizes that the level of concern outpaces, at
present, any clear consensus about viable or acceptable
solutions. In having the DCI and the Secretary of Defense
undertake this study, we are assured that the two officials
with the most direct interest at stake will be involved.
Finally, the rationale behind the structure of the bill
should be noted. Many sections of the bill recodify current
law. This stems directly from the finding that much of the
growth and development of the Intelligence Community has not
been guided by statute. It was believed, during the drafting of
the bill, that it was important for those reading the bill to
be able to comprehend its intellectual coherence. Rather than
simply include those sections that are either being added to or
are amending current law--which would appear as unconnected
entities--the Committee believed it would be better to include
other relevant sections of intelligence law, so that this body
of law could be seen in its entirety as well as how the changes
proposed in H.R. 3237 fit in.
legislative structure
H.R. 3237 is a comprehensive restatement of existing law in
one piece of legislation coupled with appropriate changes that
will streamline and make the Intelligence Community a more
corporate entity capable of meeting the diverse challenges of
the 21st century. The Committee intends that this Act will
become a touchstone for the community, much as the National
Security Act of 1947 has become a living document that shaped
our nation's response to the Cold War. As such, elements of
existing law that remain vibrant and relevant to the challenges
of the 21st century have been included in H.R. 3237.
Section-by-Section Analysis of Bill as Reported
Section 1--Short title
This Act may be cited as the ``Intelligence Community
Act''.
Section 2--Organization of act; table of contents
(a) Organization of Act.--This Act is organized as follows:
Section 3--Findings and purposes
New provision. General statement of findings and purposes
based on the conclusions of the Committee's recently published
staff studies entitled ``IC21: Intelligence Community in the
21st Century.''
Section 4--Definitions
Based on section 3 of the National Security Act of 1947,
definitions include the following terms: intelligence, foreign
intelligence, counterintelligence, national intelligence,
intelligence related to national security, National Foreign
Intelligence Program, and Congressional intelligence
committees.
Title I--Intelligence Community Generally
subtitle A--director of central intelligence
Section 101--Director of Central Intelligence
Current law. This is a brief restatement of the roles
allocated to the Director of Central Intelligence in Section
102 of the National Security Act of 1974.
Section 102--General intelligence responsibilities of the Director
Current law. Restatement of Section 103(a) of the National
Security Act of 1947.
Section 103--Preparation of annual budget for national foreign
intelligence program
Current law. Restatement of Section 103(c)(1) of the
National Security Act of 1947.
Section 104--Foreign intelligence collection
Current law. Restatement of Section 103(c)(2) of the
National Security Act of 1947.
Section 105--Protection of sources and methods
Current law. Restatement of Section 103(c)(5) of the
National Security Act of 1947.
Section 106--Promotion and evaluation of the usefulness of intelligence
to consumers
Current law. Restatement of Section 103(c)(3) of the
National Security Act of 1947.
Section 107--Elimination of waste and unnecessary duplication
Current law. Restatement of Section 103(c)(4) of the
National Security Act of 1947.
Section 108--Other functions
Current law. Restatement of Section 103(c)(6) of the
National Security Act of 1947.
Section 109--Prohibition on law enforcement powers and internal
security functions
Current law. Restatement of Section 103(d)(1) of the
National Security Act of 1947.
Section 110--Access to intelligence
Current law. Restatement of Section 103(a) of the National
Security Act of 1947.
Section 111--Coordination with foreign governments
Current law. Restatement of Section 103(e) of the National
Security Act of 1947.
subtitle B--deputy directors of central intelligence
Section 121--Deputy directors of Central Intelligence
New provision. There are two Deputy DCIs: a DDCI, which
currently exists in law, and a DDCI for Community Management.
Each DDCI is appointed by the President and confirmed by the
Senate. Each DDCI shall have ``extensive national security
experience'' as a qualification for office. The Committee
recognizes that DCIs are chosen by Presidents for a variety of
reasons and has done nothing to limit the President's choice in
filling that principal intelligence position. Given that
latitude, it is also important that the DCI's two deputies have
experience in national security affairs so as to be of major
assistance to the DCI. National security experience is viewed
by the Committee as including but not necessarily limited to
intelligence; extensive foreign or defense policy experience is
also viewed as fulfilling this requirement.
Section 122--Deputy Director of Central Intelligence
New provision. This section specifies that the DDCI acts
for and has the authority of the DCI during that official's
absence or if the office is vacant, and also that this DDCI has
precedence immediately after the DCI, thus making clear the
relationship between the DDCI and the DDCI for Community
Management.
Section 123--Deputy Director of Central Intelligence for Community
Management
New provision. The DDCI for Community Management works
under the direction of the DCI and is responsible for assisting
him in carrying out his responsibilities as head of the
Intelligence Community. The DDCI for Community Management will
direct the Community Management Staff and the Infrastructure
Support Office; and will manage community-wide functions,
including personnel, resources, requirements, and research and
development. Creating this position will give the DCI more
support and better enable him to exercise his community-wide
responsibilities. DCI Deutch has made a similar proposal.
Section 124--Civilian and military status of Director of Central
Intelligence and deputies
New provision. Under current law, either the DCI or the
DDCI may be (but is not required to be) on active duty in the
armed forces. Although Sec. 123 creates an additional DDCI, the
limit of only one of these three positions (DCI, two DDCIs)
being held by someone on active duty in the armed forces
remains. Members of the armed forces have served as DCI or DDCI
in many instances and bring valuable backgrounds to these
positions. Their availability for such service should continue.
At the same time, the importance of maintaining strong civilian
leadership within the highest circles of the Intelligence
Community remains.
Paragraph (b) specifies that a DCI may hold the rank of
general or admiral and DDCIs the rank of lieutenant general or
vice admiral while serving in those positions. Paragraphs (c),
(d) and (e) retain current law (50 U.S.C. 403 (c)):
commissioned officers serving in these positions are not
subject to the supervision or control of the Secretary of
Defense or the Defense Department, may not supervise any
Defense personnel except as authorized by this title, and will
not count against authorized numbers and percentages of ranks
and grades in their military department; their military
benefits will not be affected by such an appointment; and are
eligible to receive compensation as DCI or DDCI if that is in
excess of their pay and allowances for grade and length of
service.
SUBTITLE C--THE INTELLIGENCE COMMUNITY
Section 131--Elements of the intelligence community
Current law with some modification. This section identifies
the various components of the Intelligence Community as set
forth in Section 3(4) of the National Security Act of 1947.
This provision also notes the newly enhanced roles of the
Community Management Staff, the National Intelligence
Evaluation Council, and the Infrastructure Support Office.
Section 132--Intelligence community Inspector General forum
New provision. In earlier drafts of Intelligence Community
reform legislation, it was proposed that there be a single
Inspector General for the various components of the
Intelligence Community. Proponents of this concept argued that
a single Inspector General would encourage ``corporateness''
within the Intelligence Community as well as result in greater
inter-agency coordination and efficiencies. However, the
Inspectors General of several departments, notably the
Departments of Defense and State, strongly opposed this
proposal.
Following a request from HPSCI staff, the Inspector General
of the Department of Defense made a counterproposal to
legislatively charter and Intelligence Community Inspector
General Forum. The Inspector General of the CIA and other
affected Inspectors General within the Intelligence Community
have endorsed this counterproposal. As noted in subsection (c),
the Forum consists of the Inspectors General of: the Central
Intelligence Agency, the Department of Defense, the Department
of State, the Department of the Treasury, the Department of
Justice, the Department of Energy, and any other components
within the Intelligence Community. As noted in subsection
(c)(2), the Forum is to be co-chaired by the Inspectors General
of the CIA and the Department of Defense. As established in
subsection (d), the Forum is to meet on at least a quarterly
basis. The Committee urges the Forum participants to meet more
frequently, so as to improve their coordination and
consultation efforts.
Subsection (e) sets forth the functions of the Forum,
including: (1) adequate Inspector General oversight over
programs and operations of elements within the Intelligence
Community under the jurisdiction of two or more statutory
Inspectors General; (2) serving as a focal point for sharing
information on policies and procedures for conducting audits,
inspections, or investigations into programs and operations of
components within the Intelligence Community; (3) serving as a
focal point for sharing information on qualifications for
auditors, inspectors, and investigators within the Intelligence
Community; and (4) keeping the DCI and appropriate departmental
secretaries informed of issues identified in audits,
inspections or investigations into programs and operations of
elements within the Intelligence Community. This provision is
not intended to preclude an Inspector General for any
Intelligence Community component agency from independently
initiating any audit, inspection, or investigation of programs
or operations under their current legal purview, in accordance
with the Inspector General Act of 1978 or section 17 of the
Central Intelligence Agency Act of 1949.
Subsection (f) requires each of the Inspectors General to:
(1) designate a point of contact within their respective
agencies and to provide information regarding Forum activities;
and (2) provide sufficient staff and other resources for any
audits, inspections, and investigations of programs or
operations that involve two or more elements within the
Intelligence Community.
Subsection (g) requires the Forum to submit a report to the
Congressional Intelligence committees no later than April 15,
1997 on the feasibility of, and costs and benefits associated
with, creating an Inspector General for the Intelligence
Community.
subtitle d--annual reports
Section 141--Annual report on intelligence activities
Current law. Restatement of 50 United States Code 404(d).
Title II--Intelligence Community Management
subtitle a--intelligence community functions
Section 201--Community management staff
New provision. This section provides for an Intelligence
Community Management Staff (CMS). This staff is directly
subordinate to the DDCI for Community Management.
Section 202--Functions of the community management staff
New provision. The CMS, working closely with the Director
of Military Intelligence (DMI) staff, is responsible for
providing coordinated management of the Intelligence Community
activities, including intelligence collection, analysis,
production and dissemination functions. The CMS provides
community-wide guidance for all-discipline requirements and
collection management. The CMS provides community-wide
budgetary guidance and, in coordination with the DMI Staff and
other Departmental agencies, builds the President's National
Foreign Intelligence Program budget. The CMS also provides
management oversight of community-wide research and development
programs to ensure coordination of effort and maximize use of
available resources. This provision enhances the role and
authority of CMS, making it better able to support the DCI in
his role as head of the Intelligence Community.
subtitle b--national foreign intelligence program
Section 221--Budgets
Current law with some revisions. Paragraphs 221 (a), (b)
and (c) are a restatement of section 104(b) of the National
Security Act of 1947 as modified to incorporate the role of the
Deputy Director of Central Intelligence for Community
Management. Paragraph 221(d) is a restatement of 50 United
States Code 403-3 note as well as section 603 of the Fiscal
Year 1995 Intelligence Authorization bill. As required in
section 202 of this bill, and in consultation with the DMI
Staff and other elements of the Intelligence Community, the CMS
is responsible to the Director of Central Intelligence for
preparing and approving the community's yearly budget requests.
During a budget execution year, the CMS is responsible to the
DCI for accurate accounting of funds provided to the
Intelligence Community within the National Foreign Intelligence
Program. The staff will be responsible for accounting for funds
by the functional categories of collection, processing,
exploitation, analysis, dissemination and infrastructure such
that oversight agencies will be able to specifically track and
understand community costs. The CMS will also provide, in
budget requests to the Congress, detailed breakouts of all
requested money, whether categorized as base or as an ongoing
or new initiative.
Section 222--Comptroller functions of community management staff
New provision. The CMS is responsible for reviewing and
analyzing intelligence community-wide budget execution
performance. When IC elements of the Department of Defense are
not in compliance with community-wide guidance established by
the DCI, the CMS is also responsible for recommending, if
necessary, the withholding of appropriate execution year funds
to the Comptroller of the Department of Defense. The CMS is
also responsible for instituting an automated accounting system
for developing future-year budgets and for tracking current-
year budget execution.
Section 223--Limitation on transfers and reprogramming
Current law with some revisions. Paragraph 223(a) is
derived from 50 United States Code 414, note as well as section
8107 and the FY 1994 Defense Department Appropriations Bill.
Paragraph 223(b) seeks to limit the amounts that may be
transferred from any account of an element of the Intelligence
Community if those amounts exceed five percent of the aggregate
portion of the National Foreign Intelligence Program budget of
that element. Paragraph 223(c) is derived from 50 United States
Code 403(f), note as well as section 8154(b) of the FY 1995
Defense Department Appropriations Bill.
This section states that the DCI and the Secretary of
Defense may not transfer funds authorized and appropriated for
National Foreign Intelligence Programs without the consent of
the Congressional intelligence and appropriations committees.
This section also provides authority for the DCI, with
congressional approval, to transfer funds within the NFIP with
or without the concurrence of the losing NFIP program element
manager. This DCI authority is limited to five percent of the
losing program manager's total year budget. This authority does
not extend to funds specifically authorized and appropriated
for drug interdiction or counter-drug purposes.
Section 224--Transfer of funds or personnel within the national foreign
intelligence program
Current law. Restatement of section 104(d) of the National
Security Act of 1947.
Section 225--Limitation on reprogramming
Current law. Restatement of section 104(c) of the National
Security Act of 1947.
subtitle c--personnel
Section 231--Use of personnel
Current law. Restatement of section 104(g) of the National
Security Act of 1947.
Section 232--Authority to terminate employment of certain employees
Current law. Restatement of section 104(g) of the National
Security Act of 1947.
Section 233--Intelligence community reserve
New provision. This section directs the DCI to establish an
Intelligence Community Reserve, providing the necessary
provisions for monetary incentives, retirement, and training
and support. This section defines three basic component groups
that would be included in this program: (1) those individuals
who are former or retired employees of the Intelligence
Community; (2) those individuals who have had little, if any,
association with the Intelligence Community, but have extensive
experience in a subject area, region or issue that is of
interest or concern to the Intelligence Community; and (3)
linguists.
Significant reductions in personnel and other resources
throughout the Intelligence Community over the past few years
combined with significant increases in the utility and need for
intelligence information have created a severe shortfall in
analytic resources, especially in the areas of all-source
analysis and linguists. Ad hoc crises, such as Rwanda and
Somalia, further emphasize that, to be effective in the future,
the Intelligence Community must be flexible enough to ``surge''
resources to meet immediate needs while also having the
capability to augment existing resources in order to develop
and maintain a worldwide ``base'' of knowledge. Such an
intelligence ``base'' should allow for identification of trends
and other changes that could portend future actions by U.S.
policy makers. This warning function becomes critical to the
policy maker in allowing time to manage an impending situation
so that it does not develop into a crisis, or to the military
commander in case the proper policy response includes military
activity. DCI Deutch has been addressing the same concerns in
his ``Hard Target/Global Coverage'' efforts.
It is unlikely that internal Intelligence Community
resources will ever be robust enough to meet all of the
requirements that will be levied, nor should it be. The ability
augment existing resources with individuals who have
intelligence experience and have maintained a level of
substantive knowledge, could prove invaluable in addressing
what appears to be an ongoing pattern of small, often regional
crises and situations. In this respect, a portion of the
Intelligence Community Reserve would operate similarly to
existing military intelligence reserve resources, with periodic
training and service within the Community in order to maintain
expertise. In some cases, individuals who are our country's
experts in certain areas are likely to be outside of the
Intelligence Community--in industry or academia, for example--
and should remain so in order to maintain their level of
knowledge and contacts worldwide. In those cases, however, it
would be extremely beneficial for the Intelligence Community to
have access to this knowledge on an occasional basis. Although
it is not envisioned that someone outside of the Community
would be asked to ``serve'' the Intelligence Community Reserve
in the same capacity as those individuals who have had a prior
association, it is envisioned that these ``experts'' might be
held on a type of retainer, while asking them to notify the
Community of significant trends and changes in their areas.
Finally, the need to pay specific attention to building a
linguistic ``surge'' capability, especially in more unique or
less known languages, that can be used when needed, has already
proven to be necessary during crisis periods and should be
maintained.
Due to the complexities of issues such as pay, security,
training and support, the Committee believes that the
Intelligence Community Reserve should be managed and funded at
the Community level (within the Community Management Staff),
ensuring that all valid ``surge'' requirements by all agencies/
offices within the Intelligence Community are planned for and
addressed as necessary.
Finally, the Committee notes that the Intelligence
Community Reserve is not intended as a panacea for addressing
shortfalls in intelligence analytical expertise. Clearly,
specific attention must be paid toward maintaining an
experienced analytic workforce in specific subject areas that
are of national security and policy concerns.
subtitle d--infrastructure support office
Section 241--Establishment of infrastructure support office
New provision. This section establishes the Infrastructure
Support Office (ISO) for and within the Intelligence Community.
The Director of the ISO is to be appointed by the DCI.
Section 242--Responsibilities of Director of Infrastructure Support
Office
New provision. This section establishes the
responsibilities of the Director of the ISO, whose is to be
placed under the direction of the DDCI for Community
Management. These responsibilities include administrative and
logistical functions relating to infrastructure and services of
common concern, including: personnel management, security,
Community-level training, communications and automation.
Moreover, this section directs the Director of the ISO to
establish standards and information architectures for
automation equipment throughout the Intelligence Community,
including being responsible for life-cycle management,
replacement, and upgrading of such equipment.
The growth of the Intelligence Community and the
proliferation of distinct agencies have led to unwarranted
duplication in what are, essentially, administrative and
logistical functions. This is not only duplicative and costly,
but also can harm the ability of the Intelligence Community to
operate as a corporate whole. Numerous studies and reviews of
the Community, including Vice President Gore's National
Performance Review, have concluded that there are efficiencies
and potential cost savings to be had by consolidating
infrastructure and ``services of common concern.'' The
Committee believes that it makes sense to combine under
centralized management such Community functions as personnel
management, certain types of training, communications and
automation. Although many of the personnel performing these
functions could remain physically in place as support
detachments, the ISO should manage these individuals and areas
across the Community, replacing individual agency offices in
these subject areas.
subtitle--intelligence community administration
Section 251--Secrecy agreements used in intelligence activities
Current law. Restatement of 50 United States Code 435, note
as well as section 306 of the FY 1996 Intelligence
Authorization Bill.
Section 252--Coordination of counterintelligence matters with the
Federal Bureau of Investigation
Current law. Restatement of 50 United States Code 402a(c)
as well as section 811(c) of the FY 1995 Intelligence
Authorization Bill.
Section 253--Intelligence community contracting
Current law. Restatement of 50 United States Code 403-2 as
well as section 403 of the FY 1992 Intelligence Authorization
Bill.
Title III--Intelligence Community Agencies
subtitle a--central intelligence agency
Section 301--Central Intelligence Agency
New provision. This section legislates the existence of a
Central Intelligence Agency meant to function as the U.S.
Government's principal all-source, national (e.g. non-
departmental) analytic agency. It is to be headed by the
Director of Central Intelligence and is to be managed through
its executive manager, the Deputy Director of Central
Intelligence.
Section 302--Duties of Director of Central Intelligence with respect to
the Central Intelligence Agency
Current law. Restatement of section 103(d)(3) of the
National Security Act of 1947.
Section 303--Functions of the Central Intelligence Agency
New provision. This provision outlines the principal
functions of the Central Intelligence Agency--functions that,
according to Section 302, properly come directly under the
Director of Central Intelligence's authorities and
responsibilities. The functions are grouped under analytic and
human source collection categories. The functions described
roughly correlate to those currently performed by the Central
Intelligence Agency and parts of the National Intelligence
Council.
Analytic: The Central Intelligence Agency is to correlate,
evaluate, produce and disseminate intelligence derived from all
sources available to the Intelligence Community relating to
national security issues. It is to be the nation's preeminent,
non-departmental, source of such intelligence of the use of the
President and national leaders. The Central Intelligence Agency
is also responsible for the coordination of analysis within the
Intelligence Communty and the establishment of procedures for
collaborative all-source analysis. This would include the
production of collaborate intelligence products such as
National Intelligence Estimates. These functions are based on
the Central Intelligence Agency's acting as the ``central''
analytic entity under the Director of Central Intelligence's
direct control.
Human Source Collection: The Central Intelligence Agency is
responsible for national intelligence collection using
clandestine human sources and other appropriate means. These
other means would include a variety of clandestine technical
techniques and the exploitation of covert relationships with
foreign entities. The Central Intelligence Agency is to
undertake those activities in the most effective manner
possible to facilitate the production of intelligence of value
to the President and other national consumers, while also
minimizing to the degree possible the risks inherent in
clandestine collection. The Central Intelligence Agency is also
to manage the administrative and technical support activities
necessary to carry out the clandestine collection mission.
Finally, the section states that the Central Intelligence
Agency will perform ``such other functions'' as the Director of
Central Intelligence may direct. This may include those
functions given the Director of Central Intelligence under
Section 108 above.
Section 304--Agreement to transfer DOD clandestine humint to Central
Intelligence Agency
New provision. This section would provide for the
consolidation of certain clandestine human-source collection
activities currently conducted by the Defense HUMINT Service
(DHS) within the Department of Defense into the directorate of
Operations of the Central Intelligence Agency. This
consolidation was recommended by the Aspin-Brown Commission.
The Commission found that, although military personnel are
important to the successful collection of information from
human sources about military topics, it is inefficient for the
Department of Defense to maintain a large, separate
infrastructure of military collectors who serve only a few
years before returning to their regular career tracks.
This section would require the DCI and the Secretary of
Defense to enter into an agreement, no later than June 30,
1997, providing for the transfer of the clandestine collection
elements of the Defense HUMINT Service to the CIA, which should
be accomplished no later than June 30, 1998. CIA would be
responsible for all intelligence collection from human sources,
except those clandestine HUMINT activities undertaken by DOD
elements in advance of, or as a part of, a specific military
operation. In collecting HUMINT on foreign military targets,
CIA should, as needed, use military personnel on detail from
DOD or the military services.
subtitie b--the national intelligence evaluation council
Section 321--National Intelligence Evaluation Council
New provision. This section establishes a National
Intelligence Evaluation Council (NIEC) within the Intelligence
Community. Paragraph (b) specifies that NIEC members from among
senior Intelligence Community analysts and may include
substantive experts from the public and private sector. The DCI
shall appoint the members and a Director of the NIEC, who will
report to the DCI. The Committee believes that it is important
for the Intelligence Community to broaden its analytic base,
where possible, drawing upon resources beyond the Intelligence
Community.
One of the frequent drawbacks to using private sector
specialists more frequently is CIA security requirements, that
may be more appropriate for full-time employees than for part-
time ones. Given the desire to draw on private sector
specialists, paragraph (c) allows the DCI to prescribe
appropriate security measures for these NIEC members,
protecting intelligence sources and methods, but giving the DCI
leeway regarding security requirements that he may deem
unnecessary.
Section 322--Functions of the National Intelligence Evaluation Council
New provision. The NIEC's major purpose to is to serve as a
means of evaluating the resources devoted to intelligence and
the intelligence that is subsequently produced. Such
evaluations are rarely done in the Intelligence Community now,
in part because there is no strong locus for them. The current
National Intelligence Council has an Evaluation Staff, but it
is the intent of this section to strengthen that staff and
function by elevating it as the NIEC.
Such ``means to ends'' correlations are not only useful in
and of themselves, but are of increasing importance as
resources become more constrained and, in a world where there
are no dominant national security issues--leading to a greater
competition among them for resources. In order to carry out
this role, the NIEC will work closely with the two staffs
within the Intelligence Community which shall be responsible
for major resources and tasking decisions, the Community
Management Staff and the DMI Staff.
Section 323--Staffing of the National Intelligence Evaluation Council
New provision. The DCI is responsible for making such staff
and appropriate measures available to the NIEC as needed to
carry out is functions.
subtitle C--future of intelligence collection
Section 331--Panel of the Future of Intelligence Collection
New provision. This section directs the Director of Central
Intelligence and the Secretary of Defense to establish a panel
to look at the appropriate organization and management of
intelligence collection for the future. Its report is to be
provided to the DCI no later than April 15, 1997. The report
will go to the President, the Secretary of Defense and the
Congressional intelligence committees. The Committee believes
there is broad agreement on the need to re-examine intelligence
collection, but no consensus on what needs to be done.
The panel, which may be organized into sub-panels, is to
have a membership consisting of past and current members of the
Intelligence Community, senior policy makers as well as any
public officials or private citizens as the DCI and the
Secretary of Defense deem fit. They should ensure that the
membership is balanced in terms of views and technical and
operational knowledge of the matters under study. The DCI and
the Secretary of Defense will choose a director of the panel
from among the panel's membership.
The panel is to examine several proposals, each of which
would involve significant change to the existing organization
and management of intelligence collection. In its deliberations
the panel should strive to look to how the Intelligence
Community can best function in the future, and not perform an
examination of the effectiveness of the Intelligence Community
at present or in the recent past, except as such an examination
illuminates the direction that must be taken in the future.
The section specifies that, in preparing its report, the
panel must specifically perform feasibility studies of four
changes to the current Intelligence Community structure: (1)
the establishment of Clandestine Service; (2) the establishment
of a Technical Collection Agency; (3) the establishment of a
Technology Development Office; and (4) the establishment of a
National Imagery and Mapping Agency.
The Clandestine Service under consideration would be the
NFIP agency responsible for the clandestine collection of
intelligence through human sources and other clandestine means;
the carrying out of covert action and other appropriate policy-
related activities as the DCI is directed to do by the
President; and acting as the DCI's principal entity in carrying
out liaison with foreign intelligence and security services. In
making its deliberations the panel must keep in mind that this
particular entity, the Clandestine Service, (unlike the others
under consideration) will have roles and missions outside the
realm of intelligence collection. The panel should also pay
particular attention to the fact that the Clandestine Service's
activities are, generally speaking, intrinsically risky and
require the close oversight of the DCI. The panel should also
pay particular attention as to how military personnel may be
integrated into the Clandestine Service in a manner allowing
their proper career development and their being able to
function as clandestine collectors under operational guidelines
developed under DCI authorities.
The panel should consider whether there are significant
benefits to be gained from consolidating technical collection
activities and exploitation into a single agency, not
necessarily in one physical location but under a unified
management structure. This agency would include all current
signals intelligence, imagery intelligence and measurement and
signatures intelligence collection and time-sensitive
exploitation activities, including the operation of satellite
collection systems, and excluding those clandestine operations
which are conducted jointly by the CIA and NSA. The goal of
such a consolidation would be to improve synergistic collection
at the operator level, integrated muilti-source tasking at the
collection management level, and cross-discipline trade-offs at
the resource management level. The panel should consider in
particular how the agency as proposed would further or hinder
these goals, and how the first-phase analysts exploiting the
collected data for time-sensitive reporting should be
integrated with the all-source analytical community.
When studying the concept of a National Imagery and Mapping
Agency, the panel should specifically examine whether such an
agency is the most effective way to consolidate the imagery
``community,'' either as a new, stand-alone ``stovepipe'' or as
a subset of a Technical Collection Agency, as addressed
previously. The panel should consider the overall effectiveness
of such an agency in terms of whether and how both national-
level and military requirements can be met, how such an agency
should be legislated (in Title 10 or in Title 50, for example)
and specifically what DCI authorities are needed to ensure that
the DCI can manage collection in a corporate fashion, the
utility of merging imagery and geospatial resources and the
effect on military and civilian customers and to what level
should imagery analysts be incorporated into such an agency, or
whether imagery analysts should become more integrated in the
all-source process.
The panel should consider whether there are significant
benefits to be gained from consolidating research, development
and acquisition activities for reconnaissance systems into a
single agency responsible primarily for space-based, airborne
and maritime reconnaissance systems. The goal of such a
consolidation would be to improve coherent development of
complementary architectures, particularly in the space and air
realms; promote development of common ground processing and
dissemination capabilities; and to reduce unnecessary
duplication and promote the sharing of appropriate
technologies.
Title IV--Department of Defense Functions in the Intelligence Community
subtitle a--secretary of defense
Section 401--Overall Secretary of Defense functions
New provision. This section states that the Secretary of
Defense is responsible for performing those intelligence
functions that he is directed to do by competent authority.
Section 402--Requirement that budgets for intelligence components be
adequate
Current law. Restatement of 50 United States Code 403-
5(a)(1).
Section 403--Implementation of Director of Central Intelligence
policies and resources decisions
Current law. Restatement of 50 United States Code 403-
5(a)(2).
Section 404--Relationship of NFIP activities to tactical intelligence
activities
Current law. Restatement of 50 United States Code 403-
5(a)(3).
Section 405--Responsiveness to operational military forces
Current law. Restatement of 50 United States Code 403-
5(a)(4).
Section 406--Elimination of waste and unnecessary duplication
Current law. Restatement of 50 United States Code 403-
5(a)(5).
Section 407--Joint and corporate conduct of defense intelligence
Current law. Restatement of 50 United States Code 403-
5(a)(6), with slight modification to encourage corporate
behavior within and among the Intelligence Community agencies.
Section 408--Signals intelligence activities
Current law. Restatement of Section 105(b)(1) of the
National Security Act of 1947.
Section 409--Imagery collection, processing, and exploitation
Current law. Restatement of Section 105(b)(2) of the
National Security Act of 1947.
Section 410--Overhead reconnaissance systems
Current law. Restatement of Section 105(b)(3) of the
National Security Act of 1947.
Section 411--Use of elements of Department of Defense
Current law. Restatement of 50 United States Code 403-5(c).
Section 412--Consultations regarding appointment of certain
intelligence officials
Current law with some modification. Paragraph (a) is a
restatement of provisions first enacted by the Congress on
December 5, 1991 in section 922(a)(2) of Public Law 102-190.
This provision urged formal consultation between the Secretary
of Defense and the Director of Central Intelligence prior to
the Secretary making a formal recommendation to the President
on the appointments of the Director of the Defense Intelligence
Agency or the Director of the National Security Agency. This
provision seeks to extend the consultation requirement of the
nomination processes of the Director of the National
Reconnaissance Office and the Head of the Central Imagery
Office.
subtitle b--director of military intelligence
Section 421--Director of Military Intelligence
New provision. This section establishes the position of the
Director of Military Intelligence (DMI) to serve as the
military focal point for management of military intelligence
functions within the Intelligence Community. The DMI shall hold
the rank of either a lieutenant general or vice admiral and be
appointed by the President, by and with the advise and consent
of the Senate. Consistent with the consultation requirement set
forth in Section 412 of this bill, this provision requires that
the Secretary of Defense consult with the DCI prior to
forwarding a DMI nominee's recommendation for appointment to
the President.
Section 422--Functions of the Director of Military Intelligence
New provision. The intent of the DMI position is to provide
the single military focal point for management within the
national intelligence community. The DMI is the senior
uniformed military intelligence advisor to the Secretary of
Defense and the Joint Chiefs of Staff. The DMI is responsible
for intelligence support to military forces world-wide by
managing and executing the Joint Military Intelligence Program
(JMIP) and coordinating the individual service Tactical
Intelligence and Related Activities (TIARA) efforts. This
includes the responsibility to ensure the military portions of
the intelligence community operate as a single end-to-end
architectural entity and that systems meet established
technical interoperability standards.
Section 423--Role of Director of Military Intelligence in the
intelligence community
New provision. This section states that, as Director of the
Defense Intelligence Agency and as a senior member of the
Intelligence Community, the DMI is responsible to Director of
Central Intelligence (DCI) for the conduct of national
intelligence operations. The intent is for the DMI to function
both as the senior military intelligence officer within the
Department of Defense, reporting to the Secretary of Defense,
and as a senior official within the Intelligence Community
responsible for the DCI.
Section 424--Planning and budget functions
New provision. The DMI is the responsible agent within the
Department of Defense for coordinating and building the
military portions of the overall intelligence community
budgets. This includes the Joint Military Intelligence Program
(JMIP), Tactical Intelligence and Related Activities (TIARA),
and Defense Department portions of the National Foreign
Intelligence Program (NFIP). As the manager of the JMIP, the
DMI is specifically responsible for building the JMIP budget.
As coordinating authority for the service TIARA budget
requests, the DMI is responsible within the larger intelligence
community architectures. In this capacity the DMI is to ensure
service systems meet established technical interoperability
standards.
Section 425--Staff
New provision. The DMI's staff will be sufficient to
support the DMI's roles and functions as well as to provide
necessary coordination between the DMI and the Community
Management Staff. The DMI Staff is a necessary counterpart to
CMS and provides a ``bridge'' between national and defense
intelligence.
subtitle c--defense intelligence agency
Section 441--Defense Intelligence Agency generally
Current law with some modifications. Consistent with
section 1.12(a) of Executive Order 12333, this section
identifies the DMI serving concurrently as the Director of the
Defense Intelligence Agency. Paragraph(b) notes that the DMI
shall carry out his responsibilities as head of the DIA under
the direction of the Secretary of Defense; the head of the DIA
shall also be subject to the authority and guidance of the DCI
for those activities that support national intelligence
requirements.
Section 442--Functions of the Defense Intelligence Agency
Current law. Restatement of 50 United States Code 403-
5(b)(4) and 50 United States Code 403-5(b)(5).
subtitle d--the military departments
Section 451--Intelligence capabilities of the military departments
Current law. Restatement of 50 United States Code 403-
5(b)(6).
subtitle e--planning and budgeting
Section 461--Joint military intelligence program
New provision. This section defines the Joint Military
Intelligence program and lists its component programs. The DMI
is the program manager for the JMIP.
Section 462--Tactical intelligence and related activities (tiara)
New provision. This section defines the Tactical
Intelligence and Related Activities (TIARA) aggregation. The
TIARA aggregation provides for those systems, functions and
operations necessary for individual service and agency direct
intelligence support.
Section 463--Notice to Congress of changes in JMIP and TIARA
New provision. The intent of this section is to restrict
the Department of Defense's ability to unilaterally remove or
add programs to the JMIP or TIARA accounts without notifying,
and proving sufficient justification to, Congress one year in
advance.
subtitle f--civilian intelligence personnel policy
Section 481--Standardization of personnel policies for intelligence
components of Department of Defense
New provision. This section would amend Chapter 83 of title
10, United States Code, authorizing the Secretary of Defense to
establish by regulation an excepted service personnel
management architecture common to all components of the defense
intelligence community. This would expand existing authority
under Chapter 83 of Title 10. It would create the Civilian
Intelligence Personnel Management System, amended in Title 10
in 1986.
Intelligence community leaders want, and need, the
capability to adjust the defense intelligence community
personnel force in response to factors such as obsolete
missions, obsolete skills, elimination or reduction of lowest
priority missions and functions, and investment in future
technological and mission skills. This bill would provide for a
performance based personnel system that will help meet these
needs for the intelligence components of the Department into
the 21st century. This provision would function under the
assumption that the delegation of implementing authority to the
intelligence components will be continued.
Subsection (a) of the amended section 1601 would authorize
the Secretary to establish a common personnel architecture for
all components of the defense intelligence community, with
general and senior level positions and a senior executive
service. Existing veterans' preference policies will remain in
place for each intelligence component. Subsection (a) was
amended to remove the statutory cap for senior executive
positions. This subsection currently contains language that
places a cap of one-half of one percent of the total number of
all civilian intelligence positions for senior executive
service positions in the military service components of the
defense intelligence community. SES positions in the defense
intelligence agencies, such as DIA and NSA, are not now capped
in this manner, however. This disparity hampers community
management. To permit the Secretary the ability to allocate
most effectively SES positions across the entire Department of
Defense components within the Intelligence Community, the
proposed legislation would remove the cap from military service
components of the Intelligence Community. This much needed
flexibility, however, will not lead to an increase in the
overall number of SES positions in the Defense Department's
components of the Intelligence Community. Senior executive
service ceilings currently set under Congressional oversight
will not be exceeded.
Subsection (b) of Section 1601 would authorize the
Secretary to fix basic rates of pay throughout the defense
intelligence community in relation to subpart D of part III of
Title 5, United States Code, for similar levels of duties and
responsibilities, and to pay other allowances for comparable
positions authorized by Title 5. In addition, the word
``benefits'' in this subsection would ensure inclusion of
currently authorized foreign service-type overseas benefits.
Subsection (b) would ensure comparability with Senior Executive
Service positions established pursuant to section 3132 (a) (2)
of title 5 and Senior Level positions above GS-15 established
pursuant to section 5108 (a) of Title 5.
Subsections (c) and (d) of Section 1601 would be amended to
apply to all components of the Intelligence Community within
the Department of Defense.
In creating a new Section 1602 to Title 10, subsections (a)
and (b) would authorize the Secretary to establish an
Intelligence Senior Executive Service within the Department of
Defense intelligence components and to award rank to members of
that Service in accordance with section 4507 of title 5.
Subsection (c) of the new Section 1602 would authorize the
Secretary to appoint Intelligence Senior Level positions where
necessary to successfully compete on the market for needed
technological expertise where executive management skills are
not necessary.
In establishing a new Section 1603 to Title 10, subsection
(a) would clarify the authority of the Secretary to use time
limited appointments when needed to meet a temporary surge
requirement such as a need for additional linguistic capacity
for a current ``hot spot''. Time limited appointments may also
be used for up to a 5 year period where a current need for an
increase in skills may eventually evolve into a more permanent
requirement. In such an event, observed good performers under a
time limited appointment may be hired into the defense
intelligence community service at the conclusion of their time
limited appointment.
Subsection (b) of the new Section 1603 would continue the
termination authority currently held by all components of the
Department of Defense components of the Intelligence Community
to terminate an employee of the Department of Defense
intelligence services, whenever that action is in the interests
of the United States and other termination provisions of law
cannot be invoked consistent with the national security. It is
envisioned that this authority would be invoked within the
defense community only when absolutely necessary, consistent
with past practice.
Subsection (c) of the new Section 1603 would authorize the
Secretary to prescribe regulations for the separation of
Department of Defense Intelligence Community employees to
adjust the defense intelligence force in order to maintain the
necessary and required skills mix within the Intelligence
Community. Such separations are to be performance based.
Employees under this Act will be reviewed for separation,
retraining, or transfer in consideration of:
(A) performance;
(B) tenure of employment;
(C) length of service; and
(D) veterans' preference.
Paragraph (3) of this subsection would require the
Secretary of Defense to prescribe regulations providing appeal
rights within the Department of Defense. It is intended that
all employees affected by an action under this new Adjustment
of Force authority have the same right to appeal within the
Department and that there be no administrative review outside
the Department such as under Chapters 35 and 75 of Title 5,
United States Code, or any other law which would otherwise
provide for such review.
Subsection (b) of the new Section 1603 would provide for
notification of Congress of the regulations prescribed under
this legislation.
A new Section 1604 of Title 10 would define the Department
of Defense's components within the Intelligence Community for
the purposes of this legislation. In order to ensure maximum
mobility between all Intelligence Community components and to
eliminate the bureaucratic approach required today, all
intelligence functional components, including the Office of the
Assistant Secretary of Defense for Command, Control,
Communications and Intelligence, are defined. Subsection (b)
repeals several provisions which are now superseded buy this
legislation. Subsection (c) makes several clerical amendments
to Chapter 83 of Title 10 so as to extend coverage of the
provisions in the new Sections 1601, 1602, 1603, and 1604 to
civilian intelligence employees of the Defense Intelligence
Agency and the Central Imagery Office.
Section 482--Temporary program for civilian workforce reduction in the
National Security Agency
New provision. This section would provide the National
Security Agency (NSA), through the authority of the Secretary
of Defense, with a temporary tool during fiscal year 1997 to
stimulate voluntary attrition through early retirements if
necessary to achieve workforce downsizing goals.
Subsection (a) would authorize NSA to establish a program
to encourage eligible employees to take early retirement. These
employee requirements would help NSA achieve its downsizing
objectives by contributing to the downward glide path for the
size of the workforce and facilitating a reapportionment of
budget dollars from personnel to investment expenditures. The
incentive for early retirement is a lump-sum payment
representing the total amount of the annuity reduction required
by 5 United States Code section 8339(h). Under Section 8339(h),
the Civil Service Retirement System (CSRS) annunities are
reduced by \1/6\th of 1 percent for each month (equaling two
percent for each year) the employee is under age 55 at the time
of retirement. Subsection (a) would authorize NSA to offer a
one-time payment equal to the present value of the total early
retirement penalty incurred under 5 United States Code Section
8339(h).
Subsection (b)(1) would require NSA to obtain the approval
of the Secretary of Defense before exercising this authority.
Subsection (b)(2) would restrict this incentive to NSA
employees.
Subsection (b)(3) would permit the Director of NSA, to
limit the scope of the program and offer the incentive
selectively. Selective use of the incentive would allow NSA to
encourage attrition of employees in over-strength career
fields, rater than offering the incentive across the board and
possibly losing personnel with critical skills.
Subsection (b)(4) would limit this authority to a one-time
program, lasting no more than ninety days, in fiscal year 1997.
Subsection (c)(1) would require NSA to make a single
payment.
Subsection (c)(2) would require the payment to equal the
total present value amount of the early retirement penalty
incurred pursuant to 5 United States Code Section 8339(h).
Subsection (c)(3) would provide that the payment may not be
used to calculate entitlement to any other government benefit.
Subsection (c)(4) would prohibit employees from obtaining
both the lump sum payment under this section and the separation
pay provided in 5 United States Code Section 5597. While NSA is
striving to downsize its workforce, there is no rationale to
support giving a double benefit for employees who voluntarily
separate.
Subsection (c)(5) would stipulate that payment is subject
to availability of appropriations.
Subsection (d) would require retired employees to repay the
lump sum to the NSA in accordance with the provisions set forth
in the legislation.
Subsection (e) would identify the source for the lump sum
payments to be those funds appropriated for the National
Security Agency which may be properly used for the payment of
salaries and expenses.
Subsection (d)(2) would clarify that NSA may use Operation
and Maintenance funds authorized for NSA in the 1997
Intelligence Authorization Act for lump sum payments. This
section would not, and is not intended to, facilitate an
increase in the NSA operating budget for fiscal year 1997.
Subsection (f) would define ``employee'' to limit its
applicability in this section to employees of NSA who are
covered by CSRS.
Title V--National Security Council and Related Boards and Committees
Section 501--Recodification of laws relating to National Security
Council and related boards and committees in Executive Office
of the President
Current law. Restatement of 50 United States Code 402(a)-
(f), (h).
Section 502--Committee on Foreign Intelligence
New Provision. This section amends Section 101 of the
National Security Act of 1947 by adding a new Section 103,
which creates a Committee on Foreign Intelligence (CFI) of the
National Security Council. The CFI would consist of the
Director of Central Intelligence, the Secretary of State, the
Secretary of Defense, the Attorney General, the Chairman of the
Joint Chiefs of Staff, and the Assistant to the President for
National Security Affairs, who would serve as Chairman of the
CFI--or their deputies.
The purpose of the CFI, which was recommended by the Aspin-
Brown Commission and DCI Deutch, would be to provide a better
institutional mechanism to provide policy-level guidance for
the conduct of U.S. intelligence activities. The CFI would
identify the intelligence required to address U.S. national
security interests, and establish priorities to address these
requirements. The NSC has, on occasion, issued statements of
intelligence requirements, but the Committee believes that the
process for setting requirements and priorities should be
institutionalized and should be performed on a regular basis by
a group that will be more readily available than is the NSC
itself, which is comprised of the President, the Vice President
and the Secretaries of State and Defense.
The CFI would also establish policy guidelines for
intelligence activities, such as whether intelligence agencies
should collect economic or environmental intelligence; whether
they should target friendly governments for intelligence
collection; whether they should use certain forms of cover; and
whether they should enter into relationships with individuals
or other governments whose conduct may not live up to U.S.
standards. Intelligence agencies have historically been left to
make these difficult decisions themselves; in the Committee's
view, these decisions should be made at the policy level.
Paragraph (c) proposes the creation of a semiannual
strategic intelligence review process between the CFI and the
Congressional intelligence committees. Each semiannual review
meeting would review significant strategic intelligence trends,
strategic intelligence reporting, and anticipated Intelligence
Community requirements for the following six to twelve months.
The President recently announced his intent to create a CFI
by executive order. The Committee applauds the President's
decision to create the CFI, but believes that the entity should
be created by statute, rather than by executive order, to
ensure continuity from Administration to Administration. The
Committee notes, in this regard, that the CFI was first created
in President Ford's Executive Order 11905 in 1976; that
executive order has been superseded twice since then. With such
broad agreement as to the utility and structure of the CFI,
enactment by statute appears appropriate and desirable.
Section 503--Transnational threats
New provision. This section amends Title 1 of the National
Security Act of 1947 by adding a new Section 104, which would
establish a Committee on Transnational Threats of the National
Security Council. The Committee would consist of the DCI, the
Secretary of Defense, the Secretary of State, the Attorney
General, and the Assistant to the President for National
Security Affairs, who would chair the Committee.
The creation of such a Committee was recommended by the
Aspin-Brown Commission, which found that the Federal government
is not well organized to combat certain ``transnational''
activities--international terrorism, drug trafficking, weapons
proliferation, and organized crime--that threaten the national
security of the United States. The Aspin-Brown Commission
referred to transnational activities as ``global crime'' to
emphasize their links to global criminal elements. The
Committee prefers to continue to refer to such activities as
``transnational threats'' to emphasize, as discussed below,
that law enforcement is only one of several possible Federal
government responses to the problem.
A number of federal departments and agencies play important
roles in combatting transnational threats, but their activities
are not well coordinated. Moreover, in the absence of higher
level direction, law enforcement agencies have usually been
left to take the lead. This has often resulted in conflicts
with other agencies, including and within the various
components of the Intelligence Community. In the Committee's
view, a high-level group is needed to decide, as a policy
matter, when to give priority to law enforcement, to
intelligence, or to foreign policy or other considerations in
responding to transnational threats. The Committee believes
that a committee of the National Security Council would be best
suited to fulfill this role. As with the Committee on Foreign
Intelligence, the Committee believes the Committee on
Transnational Threats should be established by legislation.
The Committee on Transnational Threats would identify
transnational threats; develop strategies to respond to them in
a coordinated way; assist in resolving operational differences
among federal departments and agencies; develop policies and
procedures to ensure the effective sharing of information among
federal departments and agencies, including between the law
enforcement and foreign policy communities; and develop
guidelines for coordination of federal law enforcement and
intelligence activities overseas.
The Department of Justice has objected to giving the
Committee on Transnational Threats authority to ``direct'' law
enforcement activities on the ground that law enforcement
activities should not be directed on the basis of
considerations unrelated to the enforcement of law. In the
Committee's view, one of the key reasons to create a high-level
Committee on Transnational Threats is to ensure that
considerations other than law enforcement are taken into
account in the Federal Government's response to terrorism and
other transnational threats. The Attorney General and law
enforcement officials would still be responsible for directing
law enforcement operations on a day-to-say basis, but the
broader policy decisions regarding whether to give priority to
law enforcement, or to intelligence, or to foreign policy
interests, should be made at a higher level.
Title vi--Technical and Conforming Amendments, and Effective Date
Section 601--Restatement of National Security Agency Act of 1959
Current law. Restatement of National Security Act of 1959.
This redrafting retains the original text while reorganizing
and establishing the bill into a more comprehensible format.
Section 602--Amendments to title V, United States Code
Technical and conforming amendments.
Section 603--Repeal of provisions recodified in new act
Technical and conforming amendments.
Section 604--National Security Act of 1947
Technical and conforming amendments.
Section 605--Abolition of National Intelligence Council
The creation of the National Intelligence Evaluation
Council in sections 321, 322, and 323 of this legislation will
replace the National Intelligence Council (NIC), which this
section dissolves. Those analysts (National Intelligence
Officers and their support) currently preparing the estimates
will be housed under the auspices of CIA or DIA, as
appropriate. It is envisioned by the Committee that these
analysts will be called upon, as appropriate, to act as the
senior issue managers for their areas of expertise.
Section 606--Effective date
This legislation shall take effect six months after the
enactment of the Intelligence Community Act.
Committee Position
On May 9, 1996, the Permanent Select Committee on
Intelligence, a quorum being present, approved the bill, as
amended by an amendment in the nature of a substitute, and, by
a recorded vote of 6 ayes to 3 noes, ordered it favorably
reported. On that recorded vote the Members present voted as
follows: Mr. Combest (Chairman)--aye; Mr. Young--aye; Mr.
Hansen--aye; Mr. Lewis--aye; Mr. Goss--aye; Mr. McCollum--aye;
Mr. Dicks--no; Mr. Richardson--no; Mr. Coleman--no. The
Committee, by voice vote, also authorized and directed the
Chairman, or his designee, to make a motion under Rule XX of
the House at the appropriate time to expedite taking the bill
to conference with the Senate.
Findings and Recommendations of the Committee on Government Reform and
Oversight
With respect to clause 2(1)(3)(D) of rule XI of the House
of Representatives, the Committee has not received a report
from the Committee on Government Reform and Oversight
pertaining to the subject of this bill.
Oversight Findings
With respect to clause 2(1)(3)(A) of rule XI of the Rules
of the House of Representatives, the Committee held 6 hearings,
as well as 20 Member briefings and over 200 staff briefings, on
the issues raised by H.R. 3237. Testimony was heard from the
Director of Central Intelligence, Deputy Secretary of Defense,
numerous program managers and various other knowledgeable
witnesses on the activities and plans of the Intelligence
Community covered by the Intelligence Community Act. The bill,
as reported by the Committee, reflects conclusions reached by
the Committee in light of that oversight activity.
Fiscal Data
Pursuant to clause of Rule XIII of the Rules of the House
of Representatives, the Committee attempted to ascertain annual
outlays resulting from the bill during fiscal year 1997 and the
four following fiscal years. The results of such efforts are
reflected in the cost estimate prepared by the Director of the
Congressional Budget Office under section 403 of the
Congressional Budget Act of 1974, which is included in this
report pursuant to clause 2(1)(3)(C) of House Rule XI.
Congressional Budget Committee
In compliance with clause 2(1)(3) (B) and (C) of rule XI of
the Rules of the House of Representatives, an estimate prepared
by the Congressional Budget Office submitted pursuant to
sections 308 and 403 of the Congressional Budget Act of 1974 is
as follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 28, 1996.
Hon. Larry Combest,
Chairman, Permanent Select Committee on Intelligence,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3237, the
Intelligence Community Act, as ordered reported by the House
Permanent Select Committee on Intelligence on May 9, 1996.
The bill would affect direct spending and thus would be
subject to pay-as-you-go procedures under section 252 of the
Balanced Budget and Emergency Deficit Control Act of 1985.
If you wish further details on this estimate, we will be
pleased to provide them.
Sincerely,
June E. O'Neill, Director.
Enclosure.
Congressional Budget Office Cost Estimate
1. Bill number: H.R. 3237.
2. Bill title: Intelligence Community Act.
3. Bill status: As ordered reported by the House Permanent
Select Committee on Intelligence on May 9, 1996.
4. Bill purpose: The bill would define the responsibilities
of various federal agencies for intelligence functions. It
would provide certain authorities concerning financial and
personnel management including creation of a program to
maintain a pool of personnel with skills that are important to
intelligence activities and who could be called to service
during an emergency.
5. Estimated cost to the Federal Government:
----------------------------------------------------------------------------------------------------------------
1996 1997 1998 1999 2000 2001 2002
----------------------------------------------------------------------------------------------------------------
DIRECT SPENDING
Civil Service Retirement
Spending Under Current Law:
Budget Authority............................. 39,120 41,146 43,067 45,057 47,062 49,149 51,316
Estimated Outlays............................ 39,041 41,064 42,980 44,967 46,968 49,051 51,214
Proposed Changes:
Estimated Budget Authority................... 0 6 12 10 9 7 5
Estimated Outlays............................ 0 6 12 10 9 7 5
Civil Service Retirement
Spending Under the Bill:
Estimated Budget Authority................... 39,120 41,152 43,079 45,067 47,071 49,156 51,321
Estimated Outlays............................ 39,041 41,070 42,992 44,977 46,977 49,058 51,219
SPENDING SUBJECT TO APPROPRIATIONS ACTION
Estimated Authorization Level.................... 0 40 2 2 2 2 2
Estimated Outlays................................ 0 40 2 2 2 2 2
----------------------------------------------------------------------------------------------------------------
6. Basis of estimate: The estimate assumes that H.R. 3237
will be enacted by October 1, 1996, and that the full amounts
authorized will be appropriated. CBO used historical spending
rates for estimating outlays.
Direct spending. Section 482 would provide incentives for
National Security Agency (NSA) employees to retire before age
55. CBO estimates that this section would increase direct
spending outlays by $6 million in 1997, $12 million in 1998,
$10 million in 1999, $9 million in 2000, $7 million in 2001,
and $5 million in 2002 for benefit payments from the Civil
Service Retirement System (CSRS). Under current law, employees
who take early retirement receive a permanent reduction in
their annuity of 2 percent per year for each year under age 55
at retirement. This section would allow the NSA to pay to
employees retiring before age 55 a lump-sum payment equal to
the present value of the penalty projected over their expected
lifetime. Eligibility for the incentive under section 482 would
be limited to a 90-day period during fiscal year 1997.
Direct spending costs would result because some employees
under age 55, who would have waited for their normal retirement
age--assumed to be 55--would accelerate their retirement. CBO
estimates that 15 percent, or about 450, of those employees
under age 55 would take the incentive and retire. Because NSA
currently has the authority to offer early retirement and
separation incentive payments of up to $25,000, some of the 450
employees would retire early under current law anyway. CBO
estimates that about 310 employees under age 55 retiring under
the bill would not retire under current law. Based on data
supplied by NSA showing the distribution by age of employees
under age 55 CBO estimates the average age of an employee
taking advantage of the benefits of section 482 to be 50 and
the average annuity of these individuals to be about $39,000 in
1997.
Spending subject to appropriations action. CBO estimates
the provisions to centralize and redefine the responsibilities
of agencies performing intelligence functions would have no
significant budgetary effect. Depending on how the bill is
implemented, these provisions could result in increased costs
or some savings in appropriated funds, but in either case the
budgetary impact would be relatively small.
Two other provisions, however, would provide new authority
that would clearly increase costs. First, section 233 would
establish an Intelligence Community Reserve--a pool of
specialists who could be called to service in an emergency. A
cadre of approximately 100 consultants would periodically
provide expertise that the intelligence community does not
routinely possess on geographic regions and languages. The
Director of Central Intelligence would be authorized to provide
monetary incentives, training, and support. In addition,
funding would be needed for an information data base. Assuming
the reserve is implemented as currently envisioned, this
provision would cost about $2 million annually.
Second, section 482, which would allow NSA to provide
incentives for employees to retiree before reaching age 55,
also would result in costs that would be funded by
appropriations. The incentive payments made by NSA to employees
equaling the present value of the 2 percent annuity penalty
would total $38 million in fiscal year 1997. CBO assumes the
average incentive payment made to nearly 450 people would be
about $84,000.
7. Pay-as-you-go considerations: The Balanced Budget and
Emergency Deficit Control Act of 1985 sets up pay-as-you-go
procedures for legislation affecting direct spending or
receipts through 1998. The bill would have the following pay-
as-you-go impact:
------------------------------------------------------------------------
1996 1997 1998
------------------------------------------------------------------------
Change in Outlays...................... 0 6 12
Change in Receipts..................... ......... (\1\)
------------------------------------------------------------------------
\1\ Not applicable.
8. Estimated cost to state, local, and tribal governments:
Section 4 of Public Law 104-4 excludes from application of that
act legislative provisions that are necessary for the national
security. CBO has determined that all the provisions of H.R.
3237 fit within this exclusion.
9. Estimated impact on the private sector: CBO has
determined that all the provisions of H.R. 3237 fit within the
national security exclusion.
10. Previous CBO estimate: None.
11. Estimate prepared by: Federal Cost Estimate: Wayne
Boyington, Jeannette Van Winkle. Impact on State, Local, and
Tribal Governments: Marjorie Miller, Pepper Santalucia. Impact
on Private Sector: Neil Singer.
12. Estimate approved by: Robert A. Sunshine for Paul N.
Van de Water, Assistant Director for Budget Analysis.
Committee Cost Estimates
The Committee agrees with the estimate of the Congressional
Budget Office.
Inflationary Impact Statement
Pursuant to clause 2(1)(4) of rule XI of the Rules of the
House of Representatives, the Committee has attempted to
estimate the inflationary impact of enactment of the bill.
The Committee finds no adequate method to identify the
inflationary impact of this legislation. The bill does not
provide specific budget authority.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3 of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the
bill, as reported, are shown as follows (existing law proposed
to be omitted is enclosed in black brackets, new matter is
printed in italic, existing law in which no change is proposed
is shown in roman):
TITLE 10, UNITED STATES CODE
* * * * * * *
Subtitle A--General Military Law
PART I--ORGANIZATION AND GENERAL MILITARY POWERS
Chap. Sec.
Definitions....................................................101
* * * * * * *
PART II--PERSONNEL
* * * * * * *
Defense Intelligence [Agency and Central Imagery Office] Civilian
Personnel...................................................1601
* * * * * * *
CHAPTER 8--DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD ACTIVITIES
* * * * * * *
SUBCHAPTER II--MISCELLANEOUS DEFENSE AGENCY MATTERS
Sec.
[201. Consultation regarding appointment of certain intelligence
officials.]
201. Consultation regarding appointment of heads of certain intelligence
components.
* * * * * * *
[Sec. 201. Consultation regarding appointment of certain intelligence
officials
[Before submitting a recommendation to the President
regarding the appointment of an individual to the position of
Director of the Defense Intelligence Agency or Director of the
National Security Agency, the Secretary of Defense shall
consult with the Director of Central Intelligence regarding the
recommendation.]
Sec. 201. Consultation regarding appointment of heads of certain
intelligence components
(a) Consultations With Regard to Directors of NSA and NRO.--
Before submitting a recommendation to the President regarding
the appointment of an individual to the position of Director of
the National Security Agency or Director of the National
Reconnaissance Office, the Secretary of Defense shall consult
with the Director of Central Intelligence regarding the
recommendation.
(b) Appointment of Head of Central Imagery Office.--The
Secretary shall appoint, upon the recommendation of the
Director of Central Intelligence, the head of the Central
Imagery Office within the Department of Defense.
* * * * * * *
PART II--PERSONNEL
* * * * * * *
Chap. Sec.
Enlistments....................................................501
* * * * * * *
Defense Intelligence [Agency and Central Imagery Office] Civilian
Personnel...................................................1601
* * * * * * *
CHAPTER 81--CIVILIAN EMPLOYEES
Sec.
1581. Foreign National Employees Separation Pay Account.
* * * * * * *
[1590. Management of civilian intelligence personnel of the military
departments.]
* * * * * * *
[Sec. 1590. Management of civilian intelligence personnel of the
military departments
[(a) The Secretary of Defense may, without regard to the
provisions of any other law relating to the number,
classification, or compensation of employees--
[(1) establish such positions, including positions in
the Senior Executive Service, for civilian intelligence
officers and employees of the military departments as
may be necessary to carry out the intelligence
functions of such departments, except that the total
number of positions in the Senior Executive Service
established pursuant to this section may not exceed
one-half of one percent of the total number of all
civilian intelligence positions established pursuant to
this section;
[(2) appoint individuals to such positions; and
[(3) fix the compensation of such individuals for
service in such positions.
[(b) The Secretary of Defense shall, subject to subsection
(c), fix the rates of basic pay for positions established under
subsection (a) in relation to the rates of basic pay provided
in the General Schedule under section 5332 of title 5 for
positions subject to such Schedule which have corresponding
levels of duties and responsibilities. The Secretary shall also
fix rates of pay for positions in the Senior Executive Service
established pursuant to this section that are not in excess of
the maximum rate or less than the minimum rate of basic pay
established pursuant to section 5382 of title 5. Except in the
case of a civilian intelligence officer or employee of a
military department serving as a member of the Senior Executive
Service of a military department, no civilian intelligence
officer or employee of a military department may be paid basic
pay at a rate in excess of the highest rate of basic pay
payable under such General Schedule.
[(c) The Secretary of Defense is authorized, consistent with
section 5341 of title 5, to adopt such provisions of such title
as provide for prevailing rate systems of basic pay and to
apply such provisions to positions for civilian intelligence
officers or employees in or under which the military
departments may employ individuals described by section
5342(a)(2)(A) of such title.
[(d) In addition to the basic pay payable under subsection
(b), civilian intelligence officers and employees of the
military departments who are citizens or nationals of the
United States and who are stationed outside the continental
United States or in Alaska may be paid allowances, in
accordance with regulations prescribed by the Secretary of
Defense, not in excess of an allowance authorized to be paid by
section 5941(a) of title 5 for employees whose rates of basic
pay are fixed by statute. Such allowances shall be based on--
[(1) living costs substantially higher than in the
District of Columbia;
[(2) conditions of environment which differ
substantially from conditions of environment in the
continental United States and warrant an allowance as a
recruitment incentive; or
[(3) both of the factors described in paragraphs (1)
and (2).
[(e)(1) Notwithstanding any other provision of law, the
Secretary of Defense may terminate the employment of any
civilian intelligence officer or employee of a military
department whenever he considers that action to be in the
interests of the United States and he determines that the
procedures prescribed in other provisions of law that authorize
the termination of the employment of such officer or employee
cannot be invoked in a manner consistent with the national
security. The decisions of the Secretary under this paragraph
are final and may not be appealed or reviewed outside the
Department of Defense. The Secretary of Defense shall promptly
notify the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate whenever this termination authority
is exercised.
[(2) Any termination of employment under this subsection
shall not affect the right of the officer or employee involved
to seek or accept employment with any other department or
agency of the United States if he is declared eligible for such
employment by the Director of the Office of Personnel
Management.
[(3) The Secretary of Defense may delegate authority under
this subsection only to the Deputy Secretary of Defense or the
Secretary concerned or both. An action to terminate any
civilian intelligence officer or employee of a military
department by either such officer shall be appealable to the
Secretary of Defense.
[(f) With regard to any position in the Senior Executive
Service which may be established pursuant to this section, the
Secretary of Defense shall prescribe regulations to implement
this section which are consistent with the requirements set
forth in sections 3131, 3132(a)(2), 3393a, 3396(c), 3592,
3595(a), 5384, and 6304, subsections (a), (b), and (c) of
section 7543 (except that any hearing or appeal to which a
member of the Senior Executive Service is entitled shall be
held or decided pursuant to regulations issued by the
Secretary), and subchapter II of chapter 43 of title 5. The
Secretary of Defense shall also prescribe, to the extent
practicable, regulations to implement such other provisions of
title 5 as apply to members of the Senior Executive Service or
to individuals applying for positions in the Senior Executive
Service.
[(g) The President, based on the recommendations of the
Secretary of Defense, may award a rank referred to in section
4507 of title 5 to members of the Senior Executive Service
whose positions may be established pursuant to this section.
The awarding of such a rank shall be made in a manner
consistent with the provisions of that section.]
* * * * * * *
[CHAPTER 83--DEFENSE INTELLIGENCE AGENCY AND CENTRAL IMAGERY OFFICE
CIVILIAN PERSONNEL]
CHAPTER 83--DEFENSE INTELLIGENCE CIVILIAN PERSONNEL
Sec.
[1601. Defense Intelligence Senior Executive Service.
[1602. Defense Intelligence Agency merit pay system.
[1603. Limit on pay.
[1604. Civilian personnel management.]
1601. Management of civilian intelligence personnel.
1602. Intelligence Senior Executive Service.
1603. Administrative provisions.
1604. Intelligence components of the Department of Defense defined.
* * * * * * *
1607. Merit pay system: Defense Intelligence Agency and Central Imagery
Office.
* * * * * * *
[Sec. 1601. Defense Intelligence Senior Executive Service
[(a) The Secretary of Defense may by regulation establish a
personnel system for senior civilian personnel within the
Defense Intelligence Agency and the Central Imagery Office to
be known as the Defense Intelligence Senior Executive Service.
The regulations establishing the Defense Intelligence Senior
Executive Service shall--
[(1) meet the requirements set forth in section 3131
of title 5 for the Senior Executive Service;
[(2) provide that positions in the Defense
Intelligence Senior Executive Service meet requirements
that are consistent with the provisions of section
3132(a)(2) of title 5;
[(3) provide rates of pay for the Defense
Intelligence Senior Executive Service that are not in
excess of the maximum rate or less than the minimum
rate of basic pay established for the Senior Executive
Service under section 5382 of title 5, and that are
adjusted at the same time and to the same extent as
rates of basic pay for the Senior Executive Service are
adjusted;
[(4) provide a performance appraisal system for the
Defense Intelligence Senior Executive Service that
conforms to the provisions of subchapter II of chapter
43 of title 5;
[(5) provide for removal consistent with section 3592
of such title, and removal or suspension consistent
with subsections (a), (b), and (c) of section 7543 of
title 5 (except that any hearing or appeal to which a
member of the Defense Intelligence Senior Executive
Service is entitled shall be held or decided pursuant
to procedures established by regulations of the
Secretary of Defense);
[(6) permit the payment of performance awards to
members of the Defense Intelligence Senior Executive
Service consistent with the provisions applicable to
performance awards under section 5384 of title 5;
[(7) provide that members of the Defense Intelligence
Senior Executive Service may be granted sabbatical
leaves consistent with the provisions of section
3396(c) of title 5; and
[(8) provide for the recertification of members of
the Defense Intelligence Senior Executive Service
consistent with the provisions of section 3393a of
title 5.
[(b) Except as otherwise provided in subsection (a), the
Secretary of Defense may--
[(1) make applicable to the Defense Intelligence
Senior Executive Service any of the provisions of title
5 applicable to applicants for or members of the Senior
Executive Service; and
[(2) appoint, promote, and assign individuals to
positions established within the Defense Intelligence
Senior Executive Service without regard to the
provisions of title 5 governing appointments and other
personnel actions in the competitive service.
[(c) The President, based on the recommendations of the
Secretary of Defense, may award ranks to members of the Defense
Intelligence Senior Executive Service in a manner consistent
with the provisions of section 4507 of title 5.
[(d) Notwithstanding any other provision of this section, the
Secretary of Defense may detail or assign any member of the
Defense Intelligence Senior Executive Service to serve in a
position outside the Defense Intelligence Agency or the Central
Imagery Office in which the member's expertise and experience
may be of benefit to the Defense Intelligence Agency, the
Central Imagery Office, or another Government agency. Any such
member shall not by reason of such detail or assignment lose
any entitlement or status associated with membership in the
Defense Intelligence Senior Executive Service.
[(e) The Secretary of Defense shall each year submit to the
Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the
Senate, at the time the Budget is submitted by the President to
the Congress for the next fiscal year, a report on the
executive personnel in the Defense Intelligence Agency and the
Central Imagery Office. The report shall include--
[(1) the total number of positions added to or
deleted from the Defense Intelligence Senior Executive
Service during the preceding fiscal year;
[(2) the number of executive personnel (including all
members of the Defense Intelligence Senior Executive
Service) being paid at each grade level and pay rate in
effect at the end of the preceding fiscal year;
[(3) the number, distribution, and amount of awards
paid to members of the Defense Intelligence Senior
Executive Service during the preceding fiscal year; and
[(4) the number of individuals removed from the
Defense Intelligence Senior Executive Service during
the preceding fiscal year for less than fully
successful performance.
[Sec. 1602. Defense Intelligence Agency merit pay system
The Secretary of Defense may by regulation establish a merit
pay system for such employees of the Defense Intelligence
Agency and Central Imagery Office as the Secretary considers
appropriate. The merit pay system shall be designed to carry
out purposes consistent with those set forth in section 5401 of
title 5, as in effect on October 31, 1993.
[Sec. 1603. Limit on pay
[Nothing in sections 1601 and 1602 of this title shall be
construed to allow the aggregate amount payable to a member of
the Defense Intelligence Senior Executive Service under those
sections during any fiscal year to exceed the annual rate
payable for positions at level I of the Executive Schedule in
effect at the end of such year.
[Sec. 1604. Civilian personnel management
[(a) General Personnel Authority.--The Secretary of Defense
may, without regard to the provisions of any other law relating
to the number, classification, or compensation of Federal
employees--
[(1) establish such positions for employees in the
Defense Intelligence Agency and the Central Imagery
Office as the Secretary considers necessary to carry
out the functions of that Agency and Office, including
positions designated under subsection (f) as Defense
Intelligence Senior Level positions;
[(2) appoint individuals to those positions; and
[(3) fix the compensation for service in those
positions.
[(b) Authority To Fix Rates of Basic Pay; Other Allowances
and Benefits.--(1) The Secretary of Defense shall, subject to
subsection (c), fix the rates of basic pay for positions
established under subsection (a) in relation to the rates of
basic pay provided in subpart D of part III of title 5 for
positions subject to that title which have corresponding levels
of duties and responsibilities. Except as otherwise provided by
law, an employee of the Defense Intelligence Agency or the
Central Imagery Office may not be paid basic pay at a rate in
excess of the maximum rate payable under section 5376 of title
5.
[(2) The Secretary of Defense may provide employees of the
Defense Intelligence Agency and the Central Imagery Office
compensation (in addition to basic pay under paragraph (1)) and
benefits, incentives, and allowances consistent with, and not
in excess of the levels authorized for, comparable positions
authorized by title 5.
[(c) Prevailing Rates Systems.--The Secretary of Defense may,
consistent with section 5341 of title 5, adopt such provisions
of that title as provide for prevailing rate systems of basic
pay and may apply those provisions to positions in or under
which the Defense Intelligence Agency or the Central Imagery
Office may employ individuals described by section
5342(a)(2)(A) of such title.
[(d) Allowances Based on Living Costs and Environment for
Employees Stationed Outside Continental United States or in
Alaska.--(1) In addition to the basic compensation payable
under subsection (b), employees of the Defense Intelligence
Agency and the Central Imagery Office described in paragraph
(3) may be paid an allowance, in accordance with regulations
prescribed by the Secretary of Defense, at a rate not in excess
of the allowance authorized to be paid under section 5941(a) of
title 5 for employees whose rates of basic pay are fixed by
statute.
[(2) Such allowance shall be based on--
[(A) living costs substantially higher than in the
District of Columbia;
[(B) conditions of environment which--
[(i) differ substantially from conditions of
environment in the continental United States;
and
[(ii) warrant an allowance as a recruitment
incentive; or
[(C) both of those factors.
[(3) This subsection applies to employees who--
[(A) are citizens or nationals of the United States;
and
[(B) are stationed outside the continental United
States or in Alaska.
[(e) Termination of Employees.--(1) Notwithstanding any other
provision of law, the Secretary of Defense may terminate the
employment of any employee of the Defense Intelligence Agency
or the Central Imagery Office if the Secretary--
[(A) considers such action to be in the interests of
the United States; and
[(B) determines that the procedures prescribed in
other provisions of law that authorize the termination
of the employment of such employee cannot be invoked in
a manner consistent with the national security.
[(2) A decision by the Secretary of Defense to terminate the
employment of an employee under this subsection is final and
may not be appealed or reviewed outside the Department of
Defense.
[(3) The Secretary of Defense shall promptly notify the
Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the
Senate whenever the Secretary terminates the employment of any
employee under the authority of this subsection.
[(4) Any termination of employment under this subsection
shall not affect the right of the employee involved to seek or
accept employment with any other department or agency of the
United States if that employee is declared eligible for such
employment by the Director of the Office of Personnel
Management.
[(5) The authority of the Secretary of Defense under this
subsection may be delegated only to the Deputy Secretary of
Defense, the Director of the Defense Intelligence Agency (with
respect to employees of the Defense Intelligence Agency), and
the Director of the Central Imagery Office (with respect to
employees of the Central Imagery Office). An action to
terminate employment of an employee by any such officer may be
appealed to the Secretary of Defense.
[(f) Defense Intelligence Senior Level Positions.--(1) In
carrying out subsection (a)(1), the Secretary may designate
positions described in paragraph (3) as Defense Intelligence
Senior Level positions. The total number of positions
designated under this subsection, when combined with the total
number of positions in the Defense Intelligence Senior
Executive Service under section 1601 of this title, may not
exceed the total number of positions in the Defense
Intelligence Senior Executive Service as of June 1, 1995.
[(2) Positions designated under this subsection shall be
treated as equivalent for purposes of compensation to the
senior level positions to which section 5376 of title 5 is
applicable.
[(3) Positions that may be designated as Defense Intelligence
Senior Level positions are positions in the Defense
Intelligence Agency and Central Imagery Office that (A) are
classified above the GS-15 level, (B) emphasize functional
expertise and advisory activity, but (C) do not have the
organizational or program management functions necessary for
inclusion in the Defense Intelligence Senior Executive Service.
[(4) Positions referred to in paragraph (3) include Defense
Intelligence Senior Technical positions and Defense
Intelligence Senior Professional positions. For purposes of
this subsection--
[(A) Defense Intelligence Senior Technical positions
are positions covered by paragraph (3) that involve any
of the following:
[(i) Research and development.
[(ii) Test and evaluation.
[(iii) Substantive analysis, liaison, or
advisory activity focusing on engineering,
physical sciences, computer science,
mathematics, biology, chemistry, medicine, or
other closely related scientific and technical
fields.
[(iv) Intelligence disciplines including
production, collection, and operations in close
association with any of the activities
described in clauses (i), (ii), and (iii) or
related activities; and
[(B) Defense Intelligence Senior Professional
positions are positions covered by paragraph (3) that
emphasize staff, liaison, analytical, advisory, or
other activity focusing on intelligence, law, finance
and accounting, program and budget, human resources
management, training, information services, logistics,
security, and other appropriate fields.
[(g) ``Employee'' Defined as Including Officers.--In this
section, the term ``employee'', with respect to the Defense
Intelligence Agency or the Central Imagery Office, includes any
civilian officer of that Agency or Office.]
Sec. 1601. Management of civilian intelligence personnel
(a) General Personnel Authority.--The Secretary of Defense
may, without regard to the provisions of any other law relating
to the appointment, number, classification, or compensation of
employees--
(1) establish such excepted service positions,
including positions in the Intelligence Senior
Executive Service and positions that may be designated
as Intelligence Senior Level positions under section
1602(c) of this title, for civilian intelligence
officers and employees of the intelligence components
of the Department of Defense as may be necessary to
carry out the intelligence functions of such
components;
(2) appoint individuals to such positions with
appropriate consideration of veterans' preference; and
(3) fix the compensation of such individuals for
service in such positions.
(b) Authority To Fix Rates of Basic Pay, Other Allowances and
Benefits.--(1) The Secretary of Defense shall, subject to
subsection (c), fix the rates of basic pay for positions
established under this section in relation to the rates of
basic pay provided in subpart D of part III of title 5, for
positions subject to that title which have corresponding levels
of duties and responsibilities. Except as otherwise provided by
law, a civilian intelligence employee of an intelligence
component of the Department of Defense, including an
Intelligence Senior Level employee or a member of the
Intelligence Senior Executive Service, may not be paid basic
pay in excess of the maximum rate payable under section
5306(e), section 5376, or section 5382 of title 5,
respectively.
(2) The Secretary of Defense may provide civilian employees
of the intelligence components of the Department of Defense
compensation (in addition to basic pay) including benefits,
incentives, and allowances consistent with, and not in excess
of the level authorized for, comparable positions authorized by
title 5.
(c) Prevailing Rate Systems.--The Secretary of Defense may,
consistent with section 5341 of title 5, adopt such provisions
of that title as provide for prevailing rate systems of basic
pay and may apply those provisions to positions for civilian
employees in or under which the Department may employ
individuals described by section 5342(a)(2)(A) of such title.
(d) Allowances Based on Living Costs and Environment.--(1) In
addition to the basic pay payable under subsection (b),
civilian intelligence officers and employees of the
intelligence components of the Department of Defense who are
citizens or nationals of the United States and are stationed
outside the continental United States or in Alaska may be paid
allowances, in accordance with regulations prescribed by the
Secretary of Defense, at a rate not in excess of the allowance
authorized to be paid by section 5941(a) of title 5 for
employees whose rates of basic pay are fixed by statute.
(2) Such allowances shall be based on--
(A) living costs substantially higher than in the
District of Columbia;
(B) conditions of environment which differ
substantially from conditions of environment in the
continental United States and warrant an allowance as a
recruitment incentive; or
(C) both of the factors specified in subparagraphs
(A) and (B).
Sec. 1602. Intelligence Senior Executive Service
(a) Intelligence Senior Executive Service.--With regard to
any positions equivalent to the Senior Executive Service which
may be established pursuant to section 1601 of this title, the
Secretary of Defense shall prescribe regulations which are
consistent with the requirements set forth in sections 3131,
3132(a)(2), 3396(c), 3592, 3595(a), 5384, and 6304 of title 5
and subsections (a), (b), and (c) of section 7543 of title 5
(except that any hearing or appeal shall be held or decided
pursuant to regulations issued by the Secretary). To the extent
practicable, the Secretary shall also prescribe regulations to
implement such other provisions of title 5 as apply to members
of the Senior Executive Service or to individuals applying for
positions in the Senior Executive Service.
(b) Award of Rank to Members of the Intelligence Senior
Executive Service.--The President, based on the recommendations
of the Secretary of Defense, may award a rank referred to in
section 4507 of title 5 to members of the Intelligence Senior
Executive Service whose positions may be established pursuant
to this section. The awarding of such rank shall be made in a
manner consistent with the provisions of that section.
(c) Intelligence Senior Level Positions.--In carrying out
section 1601(a) of this title, the Secretary of Defense may
designate positions as Intelligence Senior Level positions.
Positions which may be so designated are those which require
functional expertise and advisory capacity, but do not have the
organizational or program management functions necessary for
inclusion in the Intelligence Senior Executive Service. Before
designating any such position, the Secretary shall prescribe
regulations to implement this subsection.
Sec. 1603. Administrative provisions
(a) Time Limited Appointments.--(1) The Secretary of Defense
may by regulation authorize the use of time-limited
appointments when hiring and appointing an employee to certain
prescribed positions within an intelligence component of the
Department of Defense. An employee who has a time-limited
appointment is not eligible for conversion to a permanent
Intelligence Senior Executive Service position without
competition.
(2) In this subsection, the term ``time-limited appointment''
means an appointment to a position within an intelligence
component of the Department of Defense for a period not to
exceed five years.
(b) Termination of Civilian Intelligence Employees.--(1)
Notwithstanding any other provision of law, the Secretary of
Defense may terminate the employment of any civilian
intelligence officer or employee of an intelligence component
of the Department of Defense if the Secretary--
(A) considers that action to be in the interests of
the United States; and
(B) determines that the procedures prescribed in
other provisions of law that authorize the termination
of the employment of such officer or employee cannot be
invoked in a manner consistent with national security.
(2) A decision by the Secretary under this subsection is
final and may not be appealed or reviewed outside the
Department of Defense.
(3) The Secretary of Defense shall promptly notify the
Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the
Senate whenever the Secretary terminates the employment of any
officer or employ under the authority of this section.
(4) Any termination of employment under this subsection does
not affect the right of the officer or employee involved to
seek or accept employment with any other department or agency
of the United States if that officer or employee is declared
eligible for such employment by the Director of the Office of
Personnel Management.
(5) The authority of the Secretary of Defense under this
subsection may be delegated only to the Deputy Secretary of
Defense or (with respect to officers and employees under their
respective jurisdictions) the heads of the intelligence
components of the Department of Defense. An action to terminate
employment of any civilian intelligence officer or employee of
the Department by any such officer may be appealed to the
Secretary of Defense.
(c) Adjustment in Force.--(1) Notwithstanding sections
3501(b) and 3502 of title 5 and subject to paragraph (2), the
Secretary of Defense may prescribe regulations for the
separation of civilian employees of the intelligence components
of the Department of Defense including members of the
Intelligence Senior Executive Service and employees assigned to
Intelligence Senior Level positions, in an adjustment in force
which give effect to--
(A) performance;
(B) tenure of employment;
(C) length of service as computed under section
3502(a) (A), (B), and (C) of title 5; and
(D) veterans' preference, subject to sections
3501(a)(3) and 3502(b) of title 5.
(2) An adjustment in force in the Intelligence Senior
Executive Service shall be consistent with section 3595(a) of
title 5.
(3) The regulations prescribed under paragraph (1) shall
include provisions for appeal rights within the Department in
lieu of the provisions of any other law or regulations for all
employees affected by actions under this subsection.
(d) Notification of Congress.--The Secretary of Defense shall
notify Congress of any regulations prescribed to carry out this
section or section 1601 or 1602 of this title. Such notice
shall be provided by submitting a copy of the regulations to
the Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the
Senate at least 60 days before such regulations take effect.
Sec. 1604. Intelligence components of the Department of Defense defined
In this chapter, the term ``intelligence component of the
Department of Defense'' means any of the following:
(1) The National Security Agency.
(2) The Defense Intelligence Agency.
(3) The Central Imagery Office.
(4) The National Reconnaissance Office.
(5) The intelligence components of the military
departments.
(6) Any other intelligence component of the
Department of Defense so designated by the Secretary of
Defense.
(7) Any successor to any such agency or office.
* * * * * * *
Sec. 1607. Merit pay system: Defense Intelligence Agency and Central
Imagery Office
The Secretary of Defense may by regulation establish a merit
pay system for such employees of the Defense Intelligence
Agency and Central Imagery Office as the Secretary considers
appropriate. The merit pay system shall be designed to carry
out purposes consistent with those set forth in section 5401 of
title 5, as in effect on October 31, 1993.
* * * * * * *
----------
NATIONAL SECURITY ACT OF 1959
AN ACT To provide certain administrative authorities for the National
Security Agency, and for other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, [That this
Act may be cited as the ``National Security Agency Act of
1959''.
[Sec. 2. (a) The Secretary of Defense (or his designee) is
authorized to establish such positions, and to appoint thereto,
without regard to the civil service laws, such officers and
employees, in the National Security Agency, as may be necessary
to carry out the functions of such agency. The rates of basic
pay for such positions shall be fixed by the Secretary of
Defense (or his designee for this purpose) in relation to the
rates of basic pay provided for in subpart D of part III of
title 5, United States Code, for positions subject to such
title which have corresponding levels of duties and
responsibilities. Except as otherwise provided by law, no
officer or employee of the National Security Agency shall be
paid basic pay at a rate in excess of the maximum rate payable
under section 5376 of such title and not more than 70 such
officers and employees shall be paid within the range of rates
authorized in section 5376 of such title.
[(b) The Secretary of Defense (or his designee) may provide
officers and employees of the National Security Agency other
compensation, benefits, incentives, and allowances which are
consistent with, and do not exceed the levels authorized for,
such compensation, benefits, incentives, or allowances by title
5, United States Code.
[Sec. 3. Section 1581(a) of title 10, United States Code, as
modified by section 12(a) of the Federal Employees Salary
Increase Act of 1958 (72 Stat. 213), is amended by striking out
``, and not more than fifty civilian positions in the National
Security Agency,'' and the words ``and the National Security
Agency, respectively,''.
[Sec. 4. The Secretary of Defense (or his designee for the
purpose) is authorized to--
[(1) establish in the National Security Agency (A)
professional engineering positions primarily concerned
with research and development and (B) professional
positions in the physical and natural sciences,
medicine, and cryptology; and
[(2) fix the respective rates of pay of such
positions at rates equal to rates of basic pay
contained in grades 16, 17, and 18 of the General
Schedule set forth in section 5332 of title 5, United
States Code.
Officers and employes appointed to positions established under
this section shall be in addition to the number of officers and
employees appointed to positions under section 2 of this Act
who may be paid at rates equal to rates of basic pay contained
in grades 16, 17, and 18 of the General Schedule.
[Sec. 5. Officers and employees of the National Security
Agency who are citizens or nationals of the United States may
be granted additional compensation, in accordance with
regulations which shall be prescribed by the Secretary of
Defense, not in excess of additional compensation authorized by
section 207 of the Independent Offices Appropriation Act, 1949,
as amended (5 U.S.C. 118h), for employees whose rates of basic
compensation are fixed by statute.
[Sec. 6. (a) Except as provided in subsection (b) of this
section, nothing in this Act or any other law (including, but
not limited to, the first section and section 2 of the Act of
August 28, 1935 (5 U.S.C. 654)) shall be construed to require
the disclosure of the organization or any function of the
National Security Agency, of any information with respect to
the activities thereof, or of the names, titles, salaries, or
number of the persons employed by such agency.
[(b) The reporting requirements of section 1582 of title 10,
United States Code, shall apply to positions established in the
National Security Agency in the manner provided by section 4 of
this Act.
[Sec. 8. The foregoing provisions of this Act shall take
effect on the first day of the first pay period which begins
later than the thirtieth day following the date of enactment of
this Act.
[Sec. 9. (a) Notwithstanding section 322 of the Act of June
30, 1932 (40 U.S.C. 278a), section 5536 of title 5, United
States Code, and section 2675 of title 10, United States Code,
the Director of the National Security Agency, on behalf of the
Secretary of Defense, may lease real property outside the
United States, for periods not exceeding ten years, for the use
of the National Security Agency for special cryptologic
activities and for housing for personnel assigned to such
activities.
[(b) The Director of the National Security Agency, on behalf
of the Secretary of Defense, may provide to certain civilian
and military personnel of the Department of Defense who are
assigned to special cryptologic activities outside the United
States and who are designated by the Secretary of Defense for
the purposes of this subsection--
[(1) allowances and benefits--
[(A) comparable to those provided by the
Secretary of State to members of the Foreign
Service under chapter 9 of title I of the
Foreign Service Act of 1980 (22 U.S.C. 4081 et
seq.) or any other provision of law; and
[(B) in the case of selected personnel
serving in circumstances similar to those in
which personnel of the Central Intelligence
Agency serve, comparable to those provided by
the Director of Central Intelligence to
personnel of the Central Intelligence Agency;
[(2) housing (including heat, light, and household
equipment) without cost to such personnel, if the
Director of the National Security Agency, on behalf of
the Secretary of Defense determines that it would be in
the public interest to provide such housing; and
[(3) special retirement accrual in the same manner
provided in section 303 of the Central Intelligence
Agency Retirement Act (50 U.S.C. 403 note) and in
section 18 of the Central Intelligence Agency Act of
1949.
[(c) The authority of the Director of the National Security
Agency, on behalf of the Secretary of Defense, to make payments
under subsections (a) and (b), and under contracts for leases
entered into under subsection (a), is effective for any fiscal
year only to the extent that appropriated funds are available
for such purpose.
[(d) Members of the Armed Forces may not receive benefits
under both subsection (b)(1) and title 37, United States Code,
for the same purpose. The Secretary of Defense shall prescribe
such regulations as may be necessary to carry out this
subsection.
[(e) Regulations issued pursuant to subsection (b)(1) shall
be submitted to the Permanent Select Committee on Intelligence
of the House of Representatives and the Select Committee on
Intelligence of the Senate before such regulations take effect.
[Sec. 10. (a) The Director of the National Security Agency
shall arrange for, and shall prescribe regulations concerning,
language and language-related training programs for military
and civilian cryptologic personnel. In establishing programs
under this section for language and language-related training,
the Director--
[(1) may provide for the training and instruction to
be furnished, including functional and geographic area
specializations;
[(2) may arrange for training and instruction through
other Government agencies and, in any case in which
appropriate training or instruction is unavailable
through Government facilities, through nongovernmental
facilities that furnish training and instruction useful
in the fields of language and foreign affairs;
[(3) may support programs that furnish necessary
language and language-related skills, including, in any
case in which appropriate programs are unavailable at
Government facilities, support through contracts,
grants, or cooperation with nongovernmental educational
institutions; and
[(4) may obtain by appointment or contract the
services of individuals to serve as language
instructors, linguists, or special language project
personnel.
[(b)(1) In order to maintain necessary capability in foreign
language skills and related abilities needed by the National
Security Agency, the Director, without regard to subchapter IV
of chapter 55 of title 5, United States Code, may provide
special monetary or other incentives to encourage civilian
cryptologic personnel of the Agency to acquire or retain
proficiency in foreign languages or special related abilities
needed by the Agency.
[(2) In order to provide linguistic training and support for
cryptologic personnel, the Director--
[(A) may pay all or part of the tuition and other
expenses related to the training of personnel who are
assigned or detailed for language and language-related
training, orientation, or instruction; and
[(B) may pay benefits and allowances to civilian
personnel in accordance with chapters 57 and 59 of
title 5, United States Code, and to military personnel
in accordance with chapter 7 of title 37, United States
Code, and applicable provisions of title 10, United
States Code, when such personnel are assigned to
training at sites away from their designated duty
station.
[(c)(1) To the extent not inconsistent, in the opinion of the
Secretary of Defense, with the operation of military
cryptologic reserve units and in order to maintain necessary
capability in foreign language skills and related abilities
needed by the National Security Agency, the Director may
establish a cryptologic linguist reserve. The cryptologic
linguist reserve may consist of former or retired civilian or
military cryptologic personnel of the National Security Agency
and of other qualified individuals, as determined by the
Director of the Agency. Each member of the cryptologic linguist
reserve shall agree that, during any period of emergency (as
determined by the Director), the member shall return to active
civilian status with the National Security Agency and shall
perform such linguistic or linguistic-related duties as the
Director may assign.
[(2) In order to attract individuals to become members of the
cryptologic linguist reserve, the Director, without regard to
subchapter IV of chapter 55 of title 5, United States Code, may
provide special monetary incentives to individuals eligible to
become members of the reserve who agree to become members of
the cryptologic linguist reserve and to acquire or retain
proficiency in foreign languages or special related abilities.
[(3) In order to provide training and support for members of
the cryptologic linguist reserve, the Director--
[(A) may pay all or part of the tuition and other
expenses related to the training of individuals in the
cryptologic linguist reserve who are assigned or
detailed for language and language-related training,
orientation, or instruction; and
[(B) may pay benefits and allowances in accordance
with chapters 57 and 59 of title 5, United States Code,
to individuals in the cryptologic linguist reserve who
are assigned to training at sites away from their homes
or regular places of business.
[(d)(1) The Director, before providing training under this
section to any individual, may obtain an agreement with that
individual that--
[(A) in the case of current employees, pertains to
continuation of service of the employee, and repayment
of the expenses of such training for failure to fulfill
the agreement, consistent with the provisions of
section 4108 of title 5, United States Code; and
[(B) in the case of individuals accepted for
membership in the cryptologic linguist reserve,
pertains to return to service when requested, and
repayment of the expenses of such training for failure
to fulfill the agreement, consistent with the
provisions of section 4108 of title 5, United States
Code.
[(2) The Director, under regulations prescribed under this
section, may waive, in whole or in part, a right of recovery
under an agreement made under this subsection if it is shown
that the recovery would be against equity and good conscience
or against the public interest.
[(e)(1) Subject to paragraph (2), the Director may provide to
family members of military and civilian cryptologic personnel
assigned to representational duties outside the United States,
in anticipation of the assignment of such personnel outside the
United States or while outside the United States, appropriate
orientation and language training that is directly related to
the assignment abroad.
[(2) Language training under paragraph (1) may not be
provided to any individual through payment of the expenses of
tuition or other cost of instruction at a non-Government
educational institution unless appropriate instruction is not
available at a Government facility.
[(f) The Director may waive the applicability of any
provision of chapter 41 of title 5, United States Code, to any
provision of this section if he finds that such waiver is
important to the performance of cryptologic functions.
[(g) The authority of the Director to enter into contracts or
to make grants under this section is effective for any fiscal
year only to the extent that appropriated funds are available
for such purpose.
[(h) Regulations issued pursuant to this section shall be
submitted to the Permanent Select Committee on Intelligence of
the House of Representatives and the Select Committee on
Intelligence of the Senate before such regulations take effect.
[(i) The Director of the National Security Agency, on behalf
of the Secretary of Defense, may, without regard to section
4109(a)(2)(B) of title 5, United States Code, pay travel,
transportation, storage, and subsistence expenses under chapter
57 of such title to civilian and military personnel of the
Department of Defense who are assigned to duty outside the
United States for a period of one year or longer which involves
cryptologic training, language training, or related
disciplines.
[Sec. 11. The Administrator of General Services, upon the
application of the Director of the National Security Agency,
may provide for the protection in accordance with section 3 of
the Act of June 1, 1948 (40 U.S.C. 318b), of certain facilities
(as designated by the Director of such Agency) which are under
the administration and control of, or are used by, the National
Security Agency in the same manner as if such facilities were
property of the United States over which the United States has
acquired exclusive or concurrent criminal jurisdiction.
[Sec. 12. (a)(1) The Secretary of Defense (or his designee)
may by regulation establish a personnel system for senior
civilian cryptologic personnel in the National Security Agency
to be known as the Senior Cryptologic Executive Service. The
regulations establishing the Senior Cryptologic Executive
Service shall----
[(A) meet the requirements set forth in section 3131
of title 5, United States Code, for the Senior
Executive Service;
[(B) provide that positions in the Senior Cryptologic
Executive Service meet requirements that are consistent
with the provisions of section 3132(a)(2) of such
title;
[(C) provide, without regard to section 2, rates of
pay for the Senior Cryptologic Executive Service that
are not in excess of the maximum rate or less than the
minimum rate of basic pay established for the Senior
Executive Service under section 5382 of such title, and
that are adjusted at the same time and to the same
extent as rates of basic pay for the Senior Executive
Service are adjusted;
[(D) provide a performance appraisal system for the
Senior Cryptologic Executive Service that conforms to
the provisions of subchapter II of chapter 43 of such
title;
[(E) provide for removal consistent with section 3592
of such title, and removal or suspension consistent
with subsections (a), (b), and (c) of section 7543 of
such title (except that any hearing or appeal to which
a member of the Senior Cryptologic Executive Service is
entitled shall be held or decided pursuant to
procedures established by regulations of the Secretary
of Defense or his designee);
[(F) permit the payment of performance awards to
members of the Senior Cryptologic Executive Service
consistent with the provisions applicable to
performance awards under section 5384 of such title;
[(G) provide that members of the Senior Cryptologic
Executive Service may be granted sabbatical leaves
consistent with the provisions of section 3396(c) of
such title.
[(H) provide for the recertification of members of
the Senior Cryptologic Executive Service consistent
with the provisions of section 3393a of such title.
[(2) Except as otherwise provided in subsection (a), the
Secretary of Defense (or his designee) may--
[(A) make applicable to the Senior Cryptologic
Executive Service any of the provisions of title 5,
United States Code, applicable to applicants for or
members of the Senior Executive Service; and
[(B) appoint, promote, and assign individuals to
positions established within the Senior Cryptologic
Executive Service without regard to the provisions of
title 5, United States Code, governing appointments and
other personnel actions in the competitive service.
[(3) The President, based on the recommendations of the
Secretary of Defense, may award ranks to members of the Senior
Cryptologic Executive Service in a manner consistent with the
provisions of section 4507 of title 5, United States Code.
[(4) Notwithstanding any other provision of this section, the
Director of the National Security Agency may detail or assign
any member of the Senior Cryptologic Executive Service to serve
in a position outside the National Security Agency in which the
member's expertise and experience may be of benefit to the
National Security Agency or another Government agency. Any such
member shall not by reason of such detail or assignment lose
any entitlement or status associated with membership in the
Senior Cryptologic Executive Service.
[(b) The Secretary of Defense (or his designee) may by
regulation establish a merit pay system for such employees of
the National Security Agency as the Secretary of Defense (or
his designee) considers appropriate. The merit pay system shall
be designed to carry out purposes consistent with those set
forth in section 5401(a) of title 5, United States Code.
[(c) Nothing in this section shall be construed to allow the
aggregate amount payable to a member of the Senior Cryptologic
Executive Service under this section during any fiscal year to
exceed the annual rate payable for positions at level I of the
Executive Schedule in effect at the end of such year.
[Sec. 13. (a) The Director of the National Security Agency
may make grants to private individuals and institutions for the
conduct of cryptologic research. An application for a grant
under this section may not be approved unless the Director
determines that the award of the grant would be clearly
consistent with the national security.
[(b) The grant program established by subsection (a) shall be
conducted in accordance with the Federal Grant and Cooperative
Agreement Act of 1977 (41 U.S.C. 501 et seq.) to the extent
that such Act is consistent with and in accordance with section
6 of this Act.
[(c) The authority of the Director to make grants under this
section is effective for any fiscal year only to the extent
that appropriated funds are available for such purpose.
[Sec. 14. Funds appropriated to an entity of the Federal
Government other than an element of the Department of Defense
that have been specifically appropriated for the purchase of
cryptologic equipment, materials, or services with respect to
which the National Security Agency has been designated as the
central source of procurement for the Government shall remain
available for a period of three fiscal years.
[Sec. 15. (a) No person may, except with the written
permission of the Director of the National Security Agency,
knowingly use the words ``National Security Agency'', the
initials ``NSA'', the seal of the National Security Agency, or
any colorable imitation of such words, initials, or seal in
connection with any merchandise, impersonation, solicitation,
or commercial activity in a manner reasonably calculated to
convey the impression that such use is approved, endorsed, or
authorized by the National Security Agency.
[(b) Whenever it appears to the Attorney General that any
person is engaged or is about to engage in an act or practice
which constitutes or will constitute conduct prohibited by
subsection (a), 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 the hearing and determination of such action and
may, at any time before 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 protection the action
is brought.
[Sec. 16. (a) The purpose of this section is to establish an
undergraduate training program, which may lead to the
baccalaureate degree, to facilitate the recruitment of
individuals, particularly minority high school students, with a
demonstrated capability to develop skills critical to the
mission of the National Security Agency, including mathematics,
computer science, engineering, and foreign languages.
[(b) The Secretary of Defense is authorized, in his
discretion, to assign civilian employees of the National
Security Agency as students at accredited professional,
technical, and other institutions of higher learning for
training at the undergraduate level in skills critical to
effective performance of the mission of the Agency.
[(c) The National Security Agency may pay, directly or by
reimbursement to employees, expenses incident to assignments
under subsection (b), in any fiscal year only to the extent
that appropriated funds are available for such purpose.
[(d)(1) To be eligible for assignment under subsection (b),
an employee of the Agency must agree in writing--
[(A) to continue in the service of the Agency for the
period of the assignment and to complete the
educational course of training for which the employee
is assigned;
[(B) to continue in the service of the Agency
following completion of the assignment for a period of
one-and-a-half years for each year of the assignment or
part thereof;
[(C) to reimburse the United States for the total
cost of education (excluding the employee's pay and
allowances) provided under this section to the employee
if, prior to the employee's completing the educational
course of training for which the employee is assigned,
the assignment or the employee's employment with the
Agency is terminated either by the Agency due to
misconduct by the employee or by the employee
voluntarily; and
[(D) to reimburse the United States if, after
completing the educational course of training for which
the employee is assigned, the employee's employment
with the Agency is terminated either by the Agency due
to misconduct by the employee or by the employee
voluntarily, prior to the employee's completion of the
service obligation period described in subparagraph
(B), in an amount that bears the same ratio to the
total cost of the education (excluding the employee's
pay and allowances) provided to the employee as the
unserved portion of the service obligation period
described in subparagraph (B) bears to the total period
of the service obligation described in subparagraph
(B).
[(2) Subject to paragraph (3), the obligation to reimburse
the United States under an agreement described in paragraph
(1), including interest due on such obligation, is for all
purposes a debt owing the United States.
[(3)(A) A discharge in bankruptcy under title 11, United
States Code, shall not release a person from an obligation to
reimburse the United States required under an agreement
described in paragraph (1) if the final decree of the discharge
in bankruptcy is issued within five years after the last day of
the combined period of service obligation described in
subparagraphs (A) and (B) of paragraph (1).
[(B) The Secretary of Defense may release a person, in whole
or in part, from the obligation to reimburse the United States
under an agreement described in paragraph (1) when, in his
discretion, the Secretary determines that equity or the
interests of the United States so require.
[(C) The Secretary of Defense shall permit an employee
assigned under this section who, prior to commencing a second
academic year of such assignment, voluntarily terminates the
assignment or the employee's employment with the Agency, to
satisfy his obligation under an agreement described in
paragraph (1) to reimburse the United States by reimbursement
according to a schedule of monthly payments which results in
completion of reimbursement by a date five years after the date
of termination of the assignment or employment or earlier at
the option of the employee.
[(e)(1) When an employee is assigned under this section to an
institution, the Agency shall disclose to the institution to
which the employee is assigned that the Agency employs the
employee and that the Agency funds the employee's education.
[(2) Agency efforts to recruit individuals at educational
institutions for participation in the undergraduate training
program established by this section shall be made openly and
according to the common practices of universities and employers
recruiting at such institutions.
[(f) Chapter 41 of title 5 and subsections (a) and (b) of
section 3324 of title 31, United States Code, shall not apply
with respect to this section.
[(g) The Secretary of Defense may issue such regulations as
may be necessary to implement this section.
[Sec. 18. (a) The Secretary of Defense may pay the expenses
referred to in section 5742(b) of title 5, United States Code,
in the case of any employee of the National Security Agency who
dies while on a rotational tour of duty within the United
States or while in transit to or from such tour of duty.
[(b) For the purposes of this section, the term ``rotational
tour of duty'', with respect to an employee, means a permanent
change of station involving the transfer of the employee from
the National Security Agency headquarters to another post of
duty for a fixed period established by regulation to be
followed at the end of such period by a permanent change of
station involving a transfer of the employee back to such
headquarters.]
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National
Security Agency Act of 1959''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
Sec. 2. General personnel authorities.
Sec. 3. Protection of identities of employees.
Sec. 4. Authority to lease real property outside the United States.
Sec. 5. Benefits for personnel assigned to special cryptologic
activities outside the United States.
Sec. 10. Language training for cryptologic personnel.
Sec. 11. Protection of facilities by General Services Administration.
Sec. 12. Senior Cryptologic Executive Service.
Sec. 13. Grants for cryptologic research.
Sec. 14. Availability of certain appropriations.
Sec. 15. Protection of agency name from unauthorized use.
Sec. 16. Recruitment of qualified personnel.
Sec. 17. Authority to pay certain expenses for employees dying while on
rotational tour of duty in the United States.
SEC. 2. GENERAL PERSONNEL AUTHORITIES.
(a) In General.--General personnel authorities of the
Secretary of Defense with respect to the National Security
Agency are provided in chapter 83 of title 10, United States
Code.
(b) Authority for Additional Compensation for Certain
Employees.--Officers and employees of the National Security
Agency who are citizens or nationals of the United States may
be granted additional compensation, in accordance with
regulations which shall be prescribed by the Secretary of
Defense, not in excess of additional compensation authorized by
section 5941 of title 5, United States Code, for employees
whose rates of basic compensation are fixed by statute.
SEC. 3. PROTECTION OF IDENTITIES OF EMPLOYEES.
Nothing in this Act or any other law shall be construed to
require the disclosure of the organization or any function of
the National Security Agency, of any information with respect
to the activities thereof, or of the names, titles, salaries,
or number of the persons employed by such agency.
SEC. 4. AUTHORITY TO LEASE REAL PROPERTY OUTSIDE THE UNITED STATES.
(a) Authority.--Notwithstanding section 322 of the Act of
June 30, 1932 (40 U.S.C. 278a), section 5536 of title 5, United
States Code, and section 2675 of title 10, United States Code,
the Director of the National Security Agency, on behalf of the
Secretary of Defense, may lease real property outside the
United States, for periods not exceeding ten years, for the use
of the National Security Agency for special cryptologic
activities and for housing for personnel assigned to such
activities.
(b) Limitation to Appropriated Funds.--The authority of the
Director of the National Security Agency, on behalf of the
Secretary of Defense, to make payments under subsection (a),
and under contracts for leases entered into under subsection
(a), is effective for any fiscal year only to the extent that
appropriated funds are available for such purpose.
SEC. 5. BENEFITS FOR PERSONNEL ASSIGNED TO SPECIAL CRYPTOLOGIC
ACTIVITIES OUTSIDE THE UNITED STATES.
(a) Authority To Provide Certain Benefits.--The Director of
the National Security Agency, on behalf of the Secretary of
Defense, may provide to certain civilian and military personnel
of the Department of Defense who are assigned to special
cryptologic activities outside the United States and who are
designated by the Secretary of Defense for the purposes of this
subsection the following:
(1) Allowances and benefits--
(A) comparable to those provided by the
Secretary of State to members of the Foreign
Service under chapter 9 of title I of the
Foreign Service Act of 1980 (22 U.S.C. 4081 et
seq.) or any other provision of law; and
(B) in the case of selected personnel serving
in circumstances similar to those in which
personnel of the Central Intelligence Agency
serve, comparable to those provided by the
Director of Central Intelligence to personnel
of the Central Intelligence Agency.
(2) Housing (including heat, light, and household
equipment) without cost to such personnel, if the
Director of the National Security Agency, on behalf of
the Secretary of Defense, determines that it would be
in the public interest to provide such housing.
(3) Special retirement accrual in the same manner
provided in section 303 of the Central Intelligence
Agency Retirement Act (50 U.S.C. 2153) and in section
18 of the Central Intelligence Agency Act of 1949.
(b) Limitation to Appropriated Funds.--The authority of the
Director of the National Security Agency, on behalf of the
Secretary of Defense, to make payments under subsection (a) is
effective for any fiscal year only to the extent that
appropriated funds are available for such purpose.
(c) Prohibition of Duplication of Benefits.--Members of the
Armed Forces may not receive benefits under both subsection
(a)(1) and under title 37, United States Code, for the same
purpose. The Secretary of Defense shall prescribe such
regulations as may be necessary to carry out this subsection.
(d) Regulations.--Regulations prescribed under subsection
(a)(1) shall be submitted to the Permanent Select Committee on
Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate before such regulations
take effect.
SEC. 10. LANGUAGE TRAINING FOR CRYPTOLOGIC PERSONNEL.
(a) Language Training Programs.--The Director of the National
Security Agency shall arrange for, and shall prescribe
regulations concerning, language and language-related training
programs for military and civilian cryptologic personnel. In
establishing programs under this section for language and
language-related training, the Director--
(1) may provide for the training and instruction to
be furnished, including functional and geographic area
specializations;
(2) may arrange for training and instruction through
other Government agencies and, in any case in which
appropriate training or instruction is unavailable
through Government facilities, through nongovernmental
facilities that furnish training and instruction useful
in the fields of language and foreign affairs;
(3) may support programs that furnish necessary
language and language-related skills, including, in any
case in which appropriate programs are unavailable at
Government facilities, support through contracts,
grants, or cooperation with nongovernmental educational
institutions; and
(4) may obtain by appointment or contract the
services of individuals to serve as language
instructors, linguists, or special language project
personnel.
(b) Foreign Language Proficiency Incentives.--(1) In order to
maintain necessary capability in foreign language skills and
related abilities needed by the National Security Agency, the
Director, without regard to subchapter IV of chapter 55 of
title 5, United States Code, may provide special monetary or
other incentives to encourage civilian cryptologic personnel of
the Agency to acquire or retain proficiency in foreign
languages or special related abilities needed by the Agency.
(2) In order to provide linguistic training and support for
cryptologic personnel, the Director--
(A) may pay all or part of the tuition and other
expenses related to the training of personnel who are
assigned or detailed for language and language-related
training, orientation, or instruction; and
(B) may pay benefits and allowances to civilian
personnel in accordance with chapters 57 and 59 of
title 5, United States Code, and to military personnel
in accordance with chapter 7 of title 37, United States
Code, and applicable provisions of title 10, United
States Code, when such personnel are assigned to
training at sites away from their designated duty
station.
(c) Cryptologic Linguist Reserve.--(1) To the extent not
inconsistent, in the opinion of the Secretary of Defense, with
the operation of military cryptologic reserve units and in
order to maintain necessary capability in foreign language
skills and related abilities needed by the National Security
Agency, the Director may establish a Cryptologic Linguist
Reserve.
(2) The Cryptologic Linguist Reserve may consist of former or
retired civilian or military cryptologic personnel of the
National Security Agency and of other qualified individuals, as
determined by the Director of the Agency. Each member of the
Cryptologic Linguist Reserve shall agree that, during any
period of emergency (as determined by the Director), the member
shall return to active civilian status with the National
Security Agency and shall perform such linguistic or
linguistic-related duties as the Director may assign.
(3) In order to attract individuals to become members of the
Cryptologic Linguist Reserve, the Director, without regard to
subchapter IV of chapter 55 of title 5, United States Code, may
provide special monetary incentives to individuals eligible to
become members of the reserve who agree to become members of
the cryptologic linguist reserve and to acquire or retain
proficiency in foreign languages or special related abilities.
(4) In order to provide training and support for members of
the Cryptologic Linguist Reserve, the Director--
(A) may pay all or part of the tuition and other
expenses related to the training of individuals in the
Cryptologic Linguist Reserve who are assigned or
detailed for language and language-related training,
orientation, or instruction; and
(B) may pay benefits and allowances in accordance
with chapters 57 and 59 of title 5, United States Code,
to individuals in the Cryptologic Linguist Reserve who
are assigned to training at sites away from their homes
or regular places of business.
(d) Service Agreements.--(1) The Director, before providing
training under this section to any individual, may obtain an
agreement with that individual that--
(A) in the case of current employees, pertains to
continuation of service of the employee, and repayment
of the expenses of such training for failure to fulfill
the agreement, consistent with the provisions of
section 4108 of title 5, United States Code; and
(B) in the case of individuals accepted for
membership in the Cryptologic Linguist Reserve,
pertains to return to service when requested, and
repayment of the expenses of such training for failure
to fulfill the agreement, consistent with the
provisions of section 4108 of title 5, United States
Code.
(2) The Director, under regulations prescribed under this
section, may waive, in whole or in part, a right of recovery
under an agreement made under this subsection if it is shown
that the recovery would be against equity and good conscience
or against the public interest.
(e) Language Training for Family Members.--(1) Subject to
paragraph (2), the Director may provide to family members of
military and civilian cryptologic personnel assigned to
representational duties outside the United States, in
anticipation of the assignment of such personnel outside the
United States or while outside the United States, appropriate
orientation and language training that is directly related to
the assignment abroad.
(2) Language training under paragraph (1) may not be provided
to any individual through payment of the expenses of tuition or
other cost of instruction at a non-Government educational
institution unless appropriate instruction is not available at
a Government facility.
(f) Waiver Authority.--The Director may waive the
applicability of any provision of chapter 41 of title 5, United
States Code, to any provision of this section if he finds that
such waiver is important to the performance of cryptologic
functions.
(g) Limitation to Appropriated Funds.--The authority of the
Director to enter into contracts or to make grants under this
section is effective for any fiscal year only to the extent
that appropriated funds are available for such purpose.
(h) Regulations.--Regulations prescribed under this section
shall be submitted to the Permanent Select Committee on
Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate before such regulations
take effect.
(i) Travel and Transportation Expenses in Connection With
Training Outside the United States.--The Director of the
National Security Agency, on behalf of the Secretary of
Defense, may, without regard to section 4109(a)(2)(B) of title
5, United States Code, pay travel, transportation, storage, and
subsistence expenses under chapter 57 of such title to civilian
and military personnel of the Department of Defense who are
assigned to duty outside the United States for a period of one
year or longer which involves cryptologic training, language
training, or related disciplines.
SEC. 11. PROTECTION OF FACILITIES BY GENERAL SERVICES ADMINISTRATION.
The Administrator of General Services, upon the application
of the Director of the National Security Agency, may provide
for the protection in accordance with section 3 of the Act of
June 1, 1948 (40 U.S.C. 318b), of certain facilities (as
designated by the Director of such Agency) which are under the
administration and control of, or are used by, the National
Security Agency in the same manner as if such facilities were
property of the United States over which the United States has
acquired exclusive or concurrent criminal jurisdiction.
SEC. 12. SENIOR CRYPTOLOGIC EXECUTIVE SERVICE.
(a) Authority To Establish SCES.--(1) The Secretary of
Defense (or his designee) may by regulation establish a
personnel system for senior civilian cryptologic personnel in
the National Security Agency to be known as the Senior
Cryptologic Executive Service. The regulations establishing the
Senior Cryptologic Executive Service shall do the following:
(A) Meet the requirements set forth in section 3131
of title 5, United States Code, for the Senior
Executive Service.
(B) Provide that positions in the Senior Cryptologic
Executive Service meet requirements that are consistent
with the provisions of section 3132(a)(2) of such
title.
(C) Provide, without regard to section 2, rates of
pay for the Senior Cryptologic Executive Service that
are not in excess of the maximum rate or less than the
minimum rate of basic pay established for the Senior
Executive Service under section 5382 of such title, and
that are adjusted at the same time and to the same
extent as rates of basic pay for the Senior Executive
Service are adjusted.
(D) Provide a performance appraisal system for the
Senior Cryptologic Executive Service that conforms to
the provisions of subchapter II of chapter 43 of such
title.
(E) Provide for removal consistent with section 3592
of such title, and removal or suspension consistent
with subsections (a), (b), and (c) of section 7543 of
such title (except that any hearing or appeal to which
a member of the Senior Cryptologic Executive Service is
entitled shall be held or decided pursuant to
procedures established by regulations of the Secretary
of Defense).
(F) Permit the payment of performance awards to
members of the Senior Cryptologic Executive Service
consistent with the provisions applicable to
performance awards under section 5384 of such title.
(G) Provide that members of the Senior Cryptologic
Executive Service may be granted sabbatical leaves
consistent with the provisions of section 3396(c) of
such title.
(H) Provide for the recertification of members of the
Senior Cryptologic Executive Service consistent with
the provisions of section 3393a of such title.
(2) Except as otherwise provided in paragraph (1), the
Secretary of Defense may--
(A) make applicable to the Senior Cryptologic
Executive Service any of the provisions of title 5,
United States Code, applicable to applicants for or
members of the Senior Executive Service; and
(B) appoint, promote, and assign individuals to
positions established within the Senior Cryptologic
Executive Service without regard to the provisions of
title 5, United States Code, governing appointments and
other personnel actions in the competitive service.
(3) The President, based on the recommendations of the
Secretary of Defense, may award ranks to members of the Senior
Cryptologic Executive Service in a manner consistent with the
provisions of section 4507 of title 5, United States Code.
(4) Notwithstanding any other provision of this section, the
Director of the National Security Agency may detail or assign
any member of the Senior Cryptologic Executive Service to serve
in a position outside the National Security Agency in which the
member's expertise and experience may be of benefit to the
National Security Agency or another Government agency. Any such
member shall not by reason of such detail or assignment lose
any entitlement or status associated with membership in the
Senior Cryptologic Executive Service.
(b) Merit Pay System.--The Secretary of Defense may by
regulation establish a merit pay system for such employees of
the National Security Agency as the Secretary of Defense
considers appropriate. The merit pay system shall be designed
to carry out purposes consistent with those set forth in
section 5401(a) of title 5, United States Code.
(c) Limitation on Total Compensation.--Nothing in this
section shall be construed to allow the aggregate amount
payable to a member of the Senior Cryptologic Executive Service
under this section during any fiscal year to exceed the annual
rate payable for positions at level I of the Executive Schedule
in effect at the end of such year.
SEC. 13. GRANTS FOR CRYPTOLOGIC RESEARCH.
(a) Grant Authority.--The Director of the National Security
Agency may make grants to private individuals and institutions
for the conduct of cryptologic research. An application for a
grant under this section may not be approved unless the
Director determines that the award of the grant would be
clearly consistent with the national security.
(b) Applicable Law.--The grant program established by
subsection (a) shall be conducted in accordance with the
Federal Grant and Cooperative Agreement Act of 1977 (41 U.S.C.
501 et seq.) to the extent that such Act is consistent with and
in accordance with section 6 of this Act.
(c) Limitation to Appropriated Funds.--The authority of the
Director to make grants under this section is effective for any
fiscal year only to the extent that appropriated funds are
available for such purpose.
SEC. 14. AVAILABILITY OF CERTAIN APPROPRIATIONS.
Funds appropriated to an entity of the Federal Government
other than an element of the Department of Defense that have
been specifically appropriated for the purchase of cryptologic
equipment, materials, or services with respect to which the
National Security Agency has been designated as the central
source of procurement for the Government shall remain available
for a period of three fiscal years.
SEC. 15. PROTECTION OF AGENCY NAME FROM UNAUTHORIZED USE.
(a) Prohibition on Unauthorized Use.--No person may, except
with the written permission of the Director of the National
Security Agency, knowingly use the words ``National Security
Agency'', the initials ``NSA'', the seal of the National
Security Agency, or any colorable imitation of such words,
initials, or seal in connection with any merchandise,
impersonation, solicitation, or commercial activity in a manner
reasonably calculated to convey the impression that such use is
approved, endorsed, or authorized by the National Security
Agency.
(b) Enforcement.--Whenever it appears to the Attorney General
that any person is engaged or is about to engage in an act or
practice which constitutes or will constitute conduct
prohibited by subsection (a), 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 the hearing and determination of such action
and may, at any time before 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 protection the action
is brought.
SEC. 16. RECRUITMENT OF QUALIFIED PERSONNEL.
(a) Purpose.--The purpose of this section is to establish an
undergraduate training program, which may lead to the
baccalaureate degree, to facilitate the recruitment of
individuals, particularly minority high school students, with a
demonstrated capability to develop skills critical to the
mission of the National Security Agency, including mathematics,
computer science, engineering, and foreign languages.
(b) Assignment of Civilian Employees.--The Secretary of
Defense may, in the Secretary's discretion, assign civilian
employees of the National Security Agency as students at
accredited professional, technical, and other institutions of
higher learning for training at the undergraduate level in
skills critical to effective performance of the mission of the
Agency.
(c) Limitation to Appropriated Funds.--The National Security
Agency may pay, directly or by reimbursement to employees,
expenses incident to assignments under subsection (b), in any
fiscal year only to the extent that appropriated funds are
available for such purpose.
(d) Employee Agreement.--(1) To be eligible for assignment
under subsection (b), an employee of the Agency must agree in
writing to the following:
(A) To continue in the service of the Agency for the
period of the assignment and to complete the
educational course of training for which the employee
is assigned.
(B) To continue in the service of the Agency
following completion of the assignment for a period of
one-and-a-half years for each year of the assignment or
part thereof.
(C) To reimburse the United States for the total cost
of education (excluding the employee's pay and
allowances) provided under this section to the employee
if, before the employee's completing the educational
course of training for which the employee is assigned,
the assignment or the employee's employment with the
Agency is terminated either by the Agency due to
misconduct by the employee or by the employee
voluntarily.
(D) To reimburse the United States if, after
completing the educational course of training for which
the employee is assigned, the employee's employment
with the Agency is terminated either by the Agency due
to misconduct by the employee or by the employee
voluntarily, before the employee's completion of the
service obligation period described in subparagraph
(B), in an amount that bears the same ratio to the
total cost of the education (excluding the employee's
pay and allowances) provided to the employee as the
unserved portion of the service obligation period
described in subparagraph (B) bears to the total period
of the service obligation described in subparagraph
(B).
(2) Subject to paragraph (3), the obligation to reimburse the
United States under an agreement described in paragraph (1),
including interest due on such obligation, is for all purposes
a debt owing the United States.
(3)(A) A discharge in bankruptcy under title 11, United
States Code, shall not release a person from an obligation to
reimburse the United States required under an agreement
described in paragraph (1) if the final decree of the discharge
in bankruptcy is issued within five years after the last day of
the combined period of service obligation described in
subparagraphs (A) and (B) of paragraph (1).
(B) The Secretary of Defense may release a person, in whole
or in part, from the obligation to reimburse the United States
under an agreement described in paragraph (1) when, in the
Secretary's discretion, the Secretary determines that equity or
the interests of the United States so require.
(C) The Secretary of Defense shall permit an employee
assigned under this section who, before commencing a second
academic year of such assignment, voluntarily terminates the
assignment or the employee's employment with the Agency, to
satisfy his obligation under an agreement described in
paragraph (1) to reimburse the United States by reimbursement
according to a schedule of monthly payments which results in
completion of reimbursement by a date five years after the date
of termination of the assignment or employment or earlier at
the option of the employee.
(e) Disclosure to Educational Institution of Agency
Affiliation of Employee.--(1) When an employee is assigned
under this section to an institution, the Agency shall disclose
to the institution to which the employee is assigned that the
Agency employs the employee and that the Agency funds the
employee's education.
(2) Agency efforts to recruit individuals at educational
institutions for participation in the undergraduate training
program established by this section shall be made openly and
according to the common practices of universities and employers
recruiting at such institutions.
(f) Inapplicability of Certain Laws.--Chapter 41 of title 5
and subsections (a) and (b) of section 3324 of title 31, United
States Code, shall not apply with respect to this section.
(g) Regulations.--The Secretary of Defense may prescribe such
regulations as may be necessary to implement this section.
SEC. 17. AUTHORITY TO PAY CERTAIN EXPENSES FOR EMPLOYEES DYING WHILE ON
ROTATIONAL TOUR OF DUTY IN THE UNITED STATES.
(a) Authority.--The Secretary of Defense may pay the expenses
referred to in section 5742(b) of title 5, United States Code,
in the case of any employee of the National Security Agency who
dies while on a rotational tour of duty within the United
States or while in transit to or from such tour of duty.
(b) Definition.--For the purposes of this section, the term
``rotational tour of duty'', with respect to an employee, means
a permanent change of station involving the transfer of the
employee from the National Security Agency headquarters to
another post of duty for a fixed period established by
regulation to be followed at the end of such period by a
permanent change of station involving a transfer of the
employee back to such headquarters.
----------
SECTION 303 OF THE INTERNAL SECURITY ACT OF 1950
[termination of employment
[Sec. 303. (a) Notwithstanding section 14 of the Act of June
27, 1944, chapter 287, as amended (5 U.S.C. 863), section 1 of
the Act of August 26, 1950, chapter 803, as amended (5 U.S.C.
22-1), or any other provision of law, the Secretary may
terminate the employment of any officer or employee of the
Agency whenever he considers that action to be in the interest
of the United States, and he determines that the procedures
prescribed in other provisions of law that authorize the
termination of the employment of that officer or employee
cannot be invoked consistently with the national security. Such
a determination is final.
[(b) Termination of employment under this section shall not
affect the right of the officer or employee involved to seek or
accept employment with any other department or agency of the
United States if he is declared eligible for such employment by
the United States Civil Service Commission.
[(c) Notwithstanding section 113(d) of title 10, United
States Code, any authority vested in the Secretary of Defense
by subsection (a) may be delegated only to the Deputy Secretary
of Defense or the Director of the National Security Agency, or
both.]
----------
NATIONAL SECURITY ACT OF 1947
short title
That this Act may be cited as the ``National Security Act of
1947''.
TABLE OF CONTENTS
Sec. 2. Declaration of policy.
Sec. 3. Definitions.
* * * * * * *
[Title I--Coordination for National Security
[Sec. 101. National Security Council.
[Sec. 102. Central Intelligence Agency.
[Sec. 103. Responsibilities of the Director of Central Intelligence.
[Sec. 104. Authorities of the Director of Central Intelligence.
[Sec. 105. Responsibilities of the Secretary of Defense pertaining to
the National Foreign Intelligence Program.
[Sec. 106. Administrative provisions pertaining to defense elements
within the intelligence community.
[Sec. 107. National Security Resources Board.]
Title I--National Security Council and Related Boards and Committees
Sec. 101. National Security Council.
Sec. 102. Committee on Foreign Intelligence.
Sec. 103. Committee on Transnational Threats.
Sec. 104. Board for Low Intensity Conflict.
Sec. 105. National Counterintelligence Policy Board.
* * * * * * *
Sec. 108. Annual National Security Strategy Report.
[Sec. 109. Annual report on intelligence community activities.
[Sec. 104. Annual national security strategy report.]
Title II--The Department of Defense
Sec. 201. Department of Defense.
[Sec. 202. Secretary of Defense.
[Sec. 203. Military Assistants to the Secretary.
[Sec. 204. Civilian personnel.]
Sec. 205. Department of the Army.
Sec. 206. Department of the Navy.
Sec. 207. Department of the Air Force.
[Sec. 208. United States Air Force.
[Sec. 209. Effective date of transfers.
[Sec. 210. War Council.
[Sec. 211. Joint Chiefs of Staff.
[Sec. 212. Joint Staff.
[Sec. 213. Munitions Board.
[Sec. 214. Research and Development Board.]
Title III--Miscellaneous
[Sec. 301. Compensation of Secretaries.
[Sec. 302. Under Secretaries and Assistant Secretaries.]
Sec. 303. Advisory committees and personnel.
[Sec. 304. Status of transferred civilian personnel.
[Sec. 305. Saving provisions.
[Sec. 306. Transfer of funds.]
* * * * * * *
[TITLE I--COORDINATION FOR NATIONAL SECURITY
[national security council
[Sec. 101. (a) There is hereby established a council to be
known as the National Security Council (thereinafter in this
section referred to as the ``Council'').
[The President of the United States shall preside over
meetings of the Council: Provided, That in his absence he may
designate a member of the Council to preside in his place.
[The function of the Council shall be to advise the President
with respect to the integration of domestic, foreign, and
military policies relating to the national security so as to
enable the military services and the other departments and
agencies of the Government to cooperate more effectively in
matters involving the national security.
[The Council shall be composed of--
[(1) the President;
[(2) the Vice President;
[(3) the Secretary of State;
[(4) the Secretary of Defense;
[(5) the Director for Mutual Security;
[(6) the Chairman of the National Security Resources
Board; and
[(7) The Secretaries and Under Secretaries of other
executive departments and the military departments, the
Chairman of the Munitions Board, and the Chairman of
the Research and Development Board, when appointed by
the President by and with the advice and consent of the
Senate, to serve at his pleasure.
[(b) In addition to performing such other functions as the
President may direct, for the purpose of more effectively
coordinating the policies and functions of the departments and
agencies of the Government relating to the national security,
it shall, subject to the direction of the President, be the
duty of the Council--
[(1) to assess and appraise the objectives,
commitments, and risks of the United States in relation
to our actual and potential military power, in the
interest of national security, for the purpose of
making recommendations to the President in connection
therewith; and
[(2) to consider policies on matters of common
interest to the departments and agencies of the
Government concerned with the national security, and to
make recommendations to the President in connection
therewith.
[(c) The Council shall have a staff to be headed by a
civilian executive secretary who shall be appointed by the
President, and who shall receive compensation at the rate of
$10,000 a year. The executive secretary, subject to the
direction of the Council, is hereby authorized, subject to the
civil-service laws and the Classification Act of 1923, as
amended, to appoint and fix the compensation of such personnel
as may be necessary to perform such duties as may be prescribed
by the Council in connection with the performance of its
functions.
[(d) The Council shall, from time to time, make such
recommendations, and such other reports to the President as it
deems appropriate or as the President may require.
[(e) The Chairman (or in his absence the Vice Chairman) of
the Joint Chiefs of Staff may, in his role as principal
military adviser to the National Security Council and subject
to the direction of the President, attend and participate in
meetings of the National Security Council.
[(f) The Director of National Drug Control Policy may, in his
role as principal adviser to the National Security Council on
national drug control policy, and subject to the direction of
the President, attend and participate in meetings of the
National Security Council.
[(g) The President shall establish with the National Security
Council a board to be known as the ``Board for Low Intensity
Conflict''. The principal function of the board shall be to
coordinate the policies of the United States for low intensity
conflict.
[(h) The Director of Central Intelligence (or, in the
Director's absence, the Deputy Director of Central
Intelligence) may, in the performance of the Director's duties
under this Act and subject to the direction of the President,
attend and participate in meetings of the National Security
Council.
[central intelligence agency
[Sec. 102. (a)(1) There is hereby established a Central
Intelligence Agency.
[(2) There shall be a Director of Central Intelligence who
shall be appointed by the President, by and with the advice and
consent of the Senate. The Director shall--
[(A) serve as head of the United States intelligence
community;
[(B) act as the principal adviser to the President
for intelligence matters related to the national
security; and
[(C) serve as head of the Central Intelligence
Agency.
[(b) To assist the Director of Central Intelligence in
carrying out the Director's responsibilities under this Act,
there shall be a Deputy Director of Central Intelligence, who
shall be appointed by the President, by and with the advice and
consent of the Senate, who shall act for, and exercise the
powers of, the Director during the Director's absence or
disability.
[(c)(1) The Director or Deputy Director of Central
Intelligence may be appointed from among the commissioned
officers of the Armed Forces, or from civilian life, but at no
time shall both positions be simultaneously occupied by
commissioned officers of the Armed Forces, whether in an active
or retired status.
[(2) It is the sense of the Congress that under ordinary
circumstances, it is desirable that either the Director or the
Deputy Director be a commissioned officer of the Armed Forces
or that either such appointee otherwise have, by training or
experience, an appreciation of military intelligence activities
and requirements.
[(3)(A) A commissioned officer of the Armed Forces appointed
to the position of Director or Deputy Director, while serving
in such position--
[(i) shall not be subject to supervision or control
by the Secretary of Defense or by any officer or
employee of the Department of Defense;
[(ii) shall not exercise, by reason of the officer's
status as a commissioned officer, any supervision or
control with respect to any of the military or civilian
personnel of the Department of Defense except as
otherwise authorized by law; and
[(iii) shall not be counted against the numbers and
percentages of commissioned officers of the rank and
grade of such officer authorized for the military
department of which such officer is a member.
[(B) Except as provided in clause (i) or (ii) of subparagraph
(A), the appointment of a commissioned officer of the Armed
Forces to the position of Director or Deputy Director shall in
no way affect the status, position, rank, or grade of such
officer in the Armed Forces, or any emolument, perquisite,
right, privilege, or benefit incident to or arising out of any
such status, position, rank, or grade.
[(C) A commissioned officer of the Armed Forces on active
duty who is appointed to the position of Director or Deputy
Director, while serving in such position and while remaining on
active duty, shall continue to receive military pay and
allowances and shall not receive the pay prescribed for the
Director or Deputy Director. Funds from which such pay and
allowances are paid shall be reimbursed from funds available to
the Director.
[(d) The Office of the Director of Central Intelligence
shall, for administrative purposes, be within the Central
Intelligence Agency.
[(e) In the event that neither the Director nor Deputy
Director of Central Intelligence is a commissioned officer of
the Armed Forces, a commissioned officer of the Armed Forces
appointed to the position of Associate Director of Central
Intelligence for Military Support, while serving in such
position, shall not be counted against the numbers and
percentages of commissioned officers of the rank and grade of
such officer authorized for the armed force of which such
officer is a member.
[RESPONSIBILITIES OF THE DIRECTOR OF CENTRAL INTELLIGENCE
[Sec. 103. (a) Provision of Intelligence.--(1) Under the
direction of the National Security Council, the Director of
Central Intelligence shall be responsible for providing
national intelligence--
[(A) to the President;
[(B) to the heads of departments and agencies of the
executive branch;
[(C) to the Chairman of the Joint Chiefs of Staff and
senior military commanders; and
[(D) where appropriate, to the Senate and House of
Representatives and the committees thereof.
[(2) Such national intelligence should be timely, objective,
independent of political considerations, and based upon all
sources available to the intelligence community.
[(b) National Intelligence Council.--(1)(A) There is
established within the Office of the Director of Central
Intelligence the National Intelligence Council (hereafter in
this section referred to as the ``Council''). The Council shall
be composed of senior analysts within the intelligence
community and substantive experts from the public and private
sector, who shall be appointed by, report to, and serve at the
pleasure of, the Director of Central Intelligence.
[(B) The Director shall prescribe appropriate security
requirements for personnel appointed from the private sector as
a condition of service on the Council to ensure the protection
of intelligence sources and methods while avoiding, wherever
possible, unduly intrusive requirements which the Director
considers to be unnecessary for this purpose.
[(2) The Council shall--
[(A) produce national intelligence estimates for the
Government, including, whenever the Council considers
appropriate, alternative views held by elements of the
intelligence community; and
[(B) otherwise assist the Director in carrying out
the responsibilities described in subsection (a).
[(3) Within their respective areas of expertise and under the
direction of the Director, the members of the Council shall
constitute the senior intelligence advisers of the intelligence
community for purposes of representing the views of the
intelligence community within the Government.
[(4) The Director shall make available to the Council such
staff as may be necessary to permit the Council to carry out
its responsibilities under this subsection and shall take
appropriate measures to ensure that the Council and its staff
satisfy the needs of policymaking officials and other consumers
of intelligence.
[(5) The heads of elements within the intelligence community
shall, as appropriate, furnish such support to the Council,
including the preparation of intelligence analyses, as may be
required by the Director.
[(c) Head of the Intelligence Community.--In the Director's
capacity as head of the intelligence community, the Director
shall--
[(1) develop and present to the President an annual
budget for the National Foreign Intelligence Program of
the United States;
[(2) establish the requirements and priorities to
govern the collection of national intelligence by
elements of the intelligence community;
[(3) promote and evaluate the utility of national
intelligence to consumers within the Government;
[(4) eliminate waste and unnecessary duplication
within the intelligence community;
[(5) protect intelligence sources and methods from
unauthorized disclosure; and
[(6) perform such other functions as the President or
the National Security Council may direct.
[(d) Head of the Central Intelligence Agency.--In the
Director's capacity as head of the Central Intelligence Agency,
the Director shall--
[(1) collect intelligence through human sources and
by other appropriate means, except that the Agency
shall have no police, subpoena, or law enforcement
powers or internal security functions;
[(2) provide overall direction for the collection of
national intelligence through human sources by elements
of the intelligence community authorized to undertake
such collection and, in coordination with other
agencies of the Government which are authorized to
undertake such collection, ensure that the most
effective use is made of resources and that the risks
to the United States and those involved in such
collection are minimized;
[(3) correlate and evaluate intelligence related to
the national security and provide appropriate
dissemination of such intelligence;
[(4) perform such additional services as are of
common concern to the elements of the intelligence
community, which services the Director of Central
Intelligence determines can be more efficiently
accomplished centrally; and
[(5) perform such other functions and duties related
to intelligence affecting the national security as the
President or the National Security Council may direct.
[AUTHORITIES OF THE DIRECTOR OF CENTRAL INTELLIGENCE
[Sec. 104. (a) Access to Intelligence.--To the extent
recommended by the National Security Council and approved by
the President, the Director of Central Intelligence shall have
access to all intelligence related to the national security
which is collected by any department, agency, or other entity
of the United States.
[(b) Approval of Budgets.--The Director of Central
Intelligence shall provide guidance to elements of the
intelligence community for the preparation of their annual
budgets and shall approve such budgets before their
incorporation in the National Foreign Intelligence Program.
[(c) Role of DCI in Reprogramming.--No funds made available
under the National Foreign Intelligence Program may be
reprogrammed by any element of the intelligence community
without the prior approval of the Director of Central
Intelligence except in accordance with procedures issued by the
Director.
[(d) Transfer of Funds or Personnel Within the National
Foreign Intelligence Program.--(1) In addition to any other
authorities available under law for such purposes, the Director
of Central Intelligence, with the approval of the Director of
the Office of Management and Budget, may transfer funds
appropriated for a program within the National Foreign
Intelligence Program to another such program and, in accordance
with procedures to be developed by the Director and the heads
of affected departments and agencies, may transfer personnel
authorized for an element of the intelligence community to
another such element for periods up to a year.
[(2) A transfer of funds or personnel may be made under this
subsection only if--
[(A) the funds or personnel are being transferred to
an activity that is a higher priority intelligence
activity;
[(B) the need for funds or personnel for such
activity is based on unforeseen requirements;
[(C) the transfer does not involve a transfer of
funds to the Reserve for Contingencies of the Central
Intelligence Agency;
[(D) the transfer does not involve a transfer of
funds or personnel from the Federal Bureau of
Investigation; and
[(E) the Secretary or head of the department which
contains the affected element or elements of the
intelligence community does not object to such
transfer.
[(3) Funds transferred under this subsection shall remain
available for the same period as the appropriations account to
which transferred.
[(4) Any transfer of funds under this subsection shall be
carried out in accordance with existing procedures applicable
to reprogramming notifications for the appropriate
congressional committees. Any proposed transfer for which
notice is given to the appropriate congressional committees
shall be accompanied by a report explaining the nature of the
proposed transfer and how it satisfies the requirements of this
subsection. In addition, the Select Committee on Intelligence
of the Senate and the Permanent Select Committee on
Intelligence of the House of Representatives shall be promptly
notified of any transfer of funds made pursuant to this
subsection in any case in which the transfer would not have
otherwise required reprogramming notification under procedures
in effect as of the date of the enactment of this section.
[(5) The Director shall promptly submit to the Select
Committee on Intelligence of the Senate and to the Permanent
Select Committee on Intelligence of the House of
Representatives and, in the case of the transfer of personnel
to or from the Department of Defense, the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives, a report on any transfer of
personnel made pursuant to this subsection. The Director shall
include in any such report an explanation of the nature of the
transfer and how it satisfies the requirements of this
subsection.
[(e) Coordination With Foreign Governments.--Under the
direction of the National Security Council and in a manner
consistent with section 207 of the Foreign Service Act of 1980
(22 U.S.C. 3927), the Director shall coordinate the
relationships between elements of the intelligence community
and the intelligence or security services of foreign
governments on all matters involving intelligence related to
the national security or involving intelligence acquired
through clandestine means.
[(f) Use of Personnel.--The Director shall, in coordination
with the heads of departments and agencies with elements in the
intelligence community, institute policies and programs within
the intelligence community--
[(1) to provide for the rotation of personnel between
the elements of the intelligence community, where
appropriate, and to make such rotated service a factor
to be considered for promotion to senior positions; and
[(2) to consolidate, wherever possible, personnel,
administrative, and security programs to reduce the
overall costs of these activities within the
intelligence community.
[(g) Termination of Employment of CIA Employees.--
Notwithstanding the provisions of any other law, the Director
may, in the Director's discretion, terminate the employment of
any officer or employee of the Central Intelligence Agency
whenever the Director shall deem such termination necessary or
advisable in the interests of the United States. Any such
termination shall not affect the right of the officer or
employee terminated to seek or accept employment in any other
department or agency of the Government if declared eligible for
such employment by the Office of Personnel Management.
[RESPONSIBILITIES OF THE SECRETARY OF DEFENSE PERTAINING TO THE
NATIONAL FOREIGN INTELLIGENCE PROGRAM
[Sec. 105. (a) In General.--The Secretary of Defense shall--
[(1) ensure that the budgets of the elements of the
intelligence community within the Department of Defense
are adequate to satisfy the overall intelligence needs
of the Department of Defense, including the needs of
the chairman of the Joint Chiefs of Staff and the
commanders of the unified and specified commands and,
wherever such elements are performing governmentwide
functions, the needs of other departments and agencies;
[(2) ensure appropriate implementation of the
policies and resource decisions of the Director of
Central Intelligence by elements of the Department of
Defense within the National Foreign Intelligence
Program;
[(3) ensure that the tactical intelligence activities
of the Department of Defense complement and are
compatible with intelligence activities under the
National Foreign Intelligence Program;
[(4) ensure that the elements of the intelligence
community within the Department of Defense are
responsive and timely with respect to satisfying the
needs of operational military forces;
[(5) eliminate waste and unnecessary duplication
among the intelligence activities of the Department of
Defense; and
[(6) ensure that intelligence activities of the
Department of Defense are conducted jointly where
appropriate.
[(b) Responsibility for the Performance of Specific
Functions.--Consistent with sections 103 and 104 of this Act,
the Secretary of Defense shall ensure--
[(1) through the National Security Agency (except as
otherwise directed by the President or the National
Security Council), the continued operation of an
effective unified organization for the conduct of
signals intelligence activities and shall ensure that
the product is disseminated in a timely manner to
authorized recipients;
[(2) through the Central Imagery Office (except as
otherwise directed by the President or the National
Security Council), with appropriate representation from
the intelligence community, the continued operation of
an effective unified organization within the Department
of Defense for carrying out tasking of imagery
collection, for the coordination of imagery processing
and exploitation activities, and for ensuring the
dissemination of imagery in a timely manner to
authorized recipients;
[(3) through the National Reconnaissance Office
(except as otherwise directed by the President or the
National Security Council), the continued operation of
an effective unified organization for the research and
development, acquisition, and operation of overhead
reconnaissance systems necessary to satisfy the
requirements of all elements of the intelligence
community;
[(4) through the Defense Intelligence Agency (except
as otherwise directed by the President or the National
Security Council), the continued operation of an
effective unified system within the Department of
Defense for the production of timely, objective
military and military-related intelligence, based upon
all sources available to the intelligence community,
and shall ensure the appropriate dissemination of such
intelligence to authorized recipients;
[(5) through the Defense Intelligence Agency (except
as otherwise directed by the President or the National
Security Council), effective management of Department
of Defense human intelligence activities, including
defense attaches; and
[(6) that the military departments maintain
sufficient capabilities to collect and produce
intelligence to meet--
[(A) the requirements of the Director of
Central Intelligence;
[(B) the requirements of the Secretary of
Defense or the Chairman of the Joint Chiefs of
Staff;
[(C) the requirements of the unified and
specified combatant commands and of joint
operations; and
[(D) the specialized requirements of the
military departments for intelligence necessary
to support tactical commanders, military
planners, the research and development process,
the acquisition of military equipment, and
training and doctrine.
[(c) Use of Elements of Department of Defense.--The Secretary
of Defense, in carrying out the functions described in this
section, may use such elements of the Department of Defense as
may be appropriate for the execution of those functions, in
addition to, or in lieu of, the elements identified in this
section.
[ADMINISTRATIVE PROVISIONS PERTAINING TO DEFENSE ELEMENTS WITHIN THE
INTELLIGENCE COMMUNITY
[Sec. 106. (a) Consultations With Regard to Certain
Appointments.--The Secretary of Defense shall undertake
appropriate consultations with the Director of Central
Intelligence before the appointment of any individual as head
of the National Security Agency, the National Reconnaissance
Office, or the Defense Intelligence Agency.
[(b) Appointment of Head of Central Imagery Office.--The
Secretary shall appoint, upon the recommendation of the
Director, the head of the Central Imagery Office within the
Department of Defense.
[national security resources board
[Sec. 107. (a) The Director of the Office of Defense
Mobilization, subject to the direction of the President, is
authorized, subject to the civil-service laws and the
Classification Act of 1949, to appoint and fix the compensation
of such personnel as may be necessary to assist the Director in
carrying out his functions.
[(b) It shall be the function of the Director of the Office
of Defense Mobilization to advise the President concerning the
coordination of military, industrial, and civilian
mobilization, including--
[(1) policies concerning industrial and civilian
mobilization in order to assure the most effective
mobilization and maximum utilization of the Nation's
manpower in the event of war.
[(2) programs for the effective use in time of war of
the Nation's natural and industrial resources for
military and civilian needs, for the maintenance and
stabilization of the civilian economy in time of war,
and for the adjustment of such economy to war needs and
conditions;
[(3) policies for unifying, in time of war, the
activities of Federal agencies and departments engaged
in or concerned with production, procurement,
distribution, or transportation of military or civilian
supplies, materials, and products;
[(4) the relationship between potential supplies of,
and potential requirements for, manpower, resources,
and productive facilities in time of war;
[(5) policies for establishing adequate reserves of
strategic and critical material, and for the
conservation of these reserves;
[(6) the strategic relocation of industries,
services, government, and economic activities, the
continuous operation of which is essential to the
Nation's security.
[(c) In performing his functions, the Director of the Office
of Defense Mobilization shall utilize to the maximum extent the
facilities and resources of the departments and agencies of the
Government.]
TITLE I--NATIONAL SECURITY COUNCIL AND RELATED BOARDS AND COMMITTEES
SEC. 101. NATIONAL SECURITY COUNCIL.
(a) In General.--There is in the Executive Office of the
President the National Security Council. The Council is
composed of the following:
(1) The President.
(2) The Vice President.
(3) The Secretary of State.
(4) The Secretary of Defense.
(b) Additional Participants.--Subject to the direction of the
President, the following officers may attend and participate in
meetings of the National Security Council:
(1) Director of central intelligence.--The Director
of Central Intelligence (or, in the Director's absence,
a Deputy Director of Central Intelligence), in the
performance of the Director's duties under this Act and
the Intelligence Community Act.
(2) Chairman of the joint chiefs of staff.--The
Chairman (or, in the Chairman's absence, the Vice
Chairman) of the Joint Chiefs of Staff, in the
Chairman's role as principal military adviser to the
National Security Council.
(3) Director of national drug control policy.--The
Director of National Drug Control Policy, in the
Director's role as principal adviser to the National
Security Council on national drug control policy, but
only through the date specified in section 1009 of the
National Narcotics Leadership Act of 1988 (21 U.S.C.
1506).
(4) Others designated by the president.--Such
additional officers as may be designated by the
President.
(c) Functions.--The function of the Council shall be to
advise the President with respect to the integration of
domestic, foreign, and military policies relating to the
national security so as to enable the military services and the
other departments and agencies of the Government to cooperate
more effectively in matters involving the national security. In
addition to performing such other functions as the President
may direct, the Council (subject to the direction of the
President) shall, for the purpose of more effectively
coordinating the policies and functions of the departments and
agencies of the Government relating to the national security--
(1) assess and appraise the objectives, commitments,
and risks of the United States in relation to our
actual and potential military power, in the interest of
national security, for the purpose of making
recommendations to the President in connection
therewith; and
(2) consider policies on matters of common interest
to the departments and agencies of the Government
concerned with the national security and make
recommendations to the President in connection
therewith.
(d) Recommendations and Reports.--The Council shall, from
time to time, make such recommendations and such other reports
to the President as it considers appropriate or as the
President may require.
(e) Staff.--The Council shall have a staff to be headed by a
civilian executive secretary who shall be appointed by the
President. The executive secretary, subject to the direction of
the Council, may subject to the civil-service laws, appoint and
fix the compensation of such personnel as may be necessary to
perform such duties as may be prescribed by the Council in
connection with the performance of its functions.
SEC. 102. COMMITTEE ON FOREIGN INTELLIGENCE.
(a) Establishment of Committee.--There is established within
the National Security Council a Committee on Foreign
Intelligence. The Committee shall be composed of the following:
(1) The Assistant to the President for National
Security Affairs, who shall serve as chairman of the
Committee.
(2) The following officers or their respective
deputies:
(A) The Director of Central Intelligence.
(B) The Secretary of State.
(C) The Secretary of Defense.
(D) The Attorney General.
(E) The Chairman of the Joint Chiefs of
Staff.
(3) Such other members as the President may
designate.
(b) Function.--The function of the Committee on Foreign
Intelligence shall be--
(1) to establish, consistent with the policy and
objectives of the President, the overall requirements
and priorities for the Intelligence Community; and
(2) to assess regularly, on behalf of the President,
how effectively the Intelligence Community has
performed its responsibilities under this Act and the
Intelligence Community Act.
(c) Semiannual Strategic Intelligence Review Process With
Congress.--Not less often than every six months, the Committee
on Foreign Intelligence shall convene a meeting with the
members of the congressional intelligence committees to conduct
a comprehensive, global strategic intelligence review. Each
semiannual meeting shall review significant strategic
intelligence trends, strategic intelligence reporting, and
anticipated Intelligence Community requirements for the
following six to twelve months.
SEC. 103. COMMITTEE ON TRANSNATIONAL THREATS.
(a) Establishment.--There is established within the National
Security Council a Committee on Transnational Threats. The
Committee shall be composed of the following:
(1) The Assistant to the President for National
Security Affairs, who shall serve as chairman of the
Committee.
(2) The following officers or their respective
deputies:
(A) The Director of Central Intelligence.
(B) The Secretary of State.
(C) The Secretary of Defense.
(D) The Attorney General.
(3) Such other members as the President may
designate.
(b) Function.--The function of the Committee on Transnational
Threats shall be to coordinate and direct the activities of the
United States Government relating to combating transnational
threats. In carrying out its function, the Committee shall--
(1) identify transnational threats;
(2) develop strategies to enable the United States
Government to respond to transnational threats
identified under paragraph (1);
(3) monitor implementation of such strategies;
(4) make recommendations as to appropriate responses
to specific transnational threats;
(5) assist in the resolution of operational and
policy differences among Federal departments and
agencies in their responses to transnational threats;
(6) develop policies and procedures to ensure the
effective sharing of information about transnational
threats among Federal departments and agencies,
including law enforcement agencies and the elements of
the intelligence community; and
(7) develop guidelines to enhance and improve the
coordination of Federal law enforcement activities
overseas.
(c) Definition of transnational threat.--For purposes of this
section, the term ``transnational threat'' means the following:
(1) Any transnational activity (including
international terrorism, narcotics trafficking, the
proliferation of weapons of mass destruction and the
delivery systems for such weapons, and organized crime)
that threatens the national security of the United
States.
(2) Any individual or group that engages in an
activity referred to in paragraph (1).
SEC. 104. BOARD FOR LOW INTENSITY CONFLICT.
(a) Establishment of Board.--The President shall establish
within the National Security Council a board to be known as the
``Board for Low Intensity Conflict''.
(b) Function.--The principal function of the board shall be
to coordinate the policies of the United States for low
intensity conflict.
SEC. 105. NATIONAL COUNTERINTELLIGENCE POLICY BOARD.
(a) Establishment of Board.--There is within the executive
branch of the Government a National Counterintelligence Policy
Board. The Board shall report to the President through the
National Security Council.
(b) Function of the Board.--The Board shall serve as the
principal mechanism for--
(1) developing policies and procedures for the
approval of the President to govern the conduct of
counterintelligence activities; and
(2) resolving conflicts, as directed by the
President, which may arise between elements of the
Government which carry out such activities.
* * * * * * *
[annual report on intelligence community activities
[Sec. 109. (a) In General.--The Director of Central
Intelligence shall submit to Congress an annual report on the
activities of the intelligence community. The annual report
under this section shall be unclassified.
[(b) Matters To Be Covered in Annual Report.--Each report
under this section shall describe--
[(1) the activities of the intelligence community
during the preceding fiscal year, including significant
successes and failures that can be described in an
unclassified manner; and
[(2) the areas of the world and the issues that the
Director expects will require increased or unusual
attention from the intelligence community during the
next fiscal year.
[(c) Time for Submission.--The report under this section for
any year shall be submitted at the same time that the President
submits the budget for the next fiscal year pursuant to section
1105 of title 31, United States Code.]
* * * * * * *
TITLE IX--APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE ACTIVITIES
* * * * * * *
laws subject to stay
Sec. 904. The President may use the authority of sections 901
and 902 to stay the imposition of an economic, cultural,
diplomatic, or other sanction or related action by the United
States Government related to the proliferation of weapons of
mass destruction, their delivery systems, or advanced
conventional weapons otherwise [required to be imposed by the
Chemical and Biological Weapons Control and Warfare Elimination
Act of 1991 (title III of Public Law 102-182); the Nuclear
Proliferation Prevention Act of 1994 (title VIII of Public Law
103-236); title XVII of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101-510) (relating to the
nonproliferation of missile technology); the Iran-Iraq Arms
Nonproliferation Act of 1992 (title XVI of Public Law 102-484);
section 573 of the Foreign Operations, Export Financing Related
Programs Appropriations Act, 1994 (Public Law 103-87); section
563 of the Foreign Operations, Export Financing Related
Programs Appropriations Act, 1995 (Public Law 103-306); and
comparable provisions.] required to be imposed by any of the
following provisions of law:
(1) The Chemical and Biological Weapons Control and
Warfare Elimination Act of 1991 (title III of Public
Law 102-182).
(2) The Nuclear Proliferation Prevention Act of 1994
(title VIII of Public Law 103-236).
(3) Section 11B of the Export Administration Act of
1979 (50 U.S.C. App. 2410b).
(4) Chapter 7 of the Arms Export Control Act (22
U.S.C. 2797 et seq.).
(5) The Iran-Iraq Arms Non-Proliferation Act of 1992
(title XVI of Public Law 102-484).
(6) The following provisions of annual appropriations
Acts:
(A) Section 573 of the Foreign Operations,
Export Financing, and Related Programs
Appropriations Act, 1994 (Public Law 103-87;
107 Stat. 972).
(B) Section 563 of the Foreign Operations,
Export Financing, and Related Programs
Appropriations Act, 1995 (Public Law 103-306;
108 Stat. 1649).
(C) Section 552 of the Foreign Operations,
Export Financing, and Related Programs
Appropriations Act, 1996 (Public Law 104-107;
110 Stat. 741).
(7) Comparable provisions.
application
Sec. 905. This title shall cease to be effective [on the date
which is one year after the date of the enactment of this
title] on January 6, 1997.
----------
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
CHAPTER 23--MERIT SYSTEM PRINCIPLES
* * * * * * *
Sec. 2305. Coordination with certain other provisions of law
No provision of this chapter, or action taken under this
chapter, shall be construed to impair the authorities and
responsibilities set forth in [section 102 of the National
Security Act of 1947 (61 Stat. 495; 50 U.S.C. 403),] subtitle A
of title I of the Intelligence Community Act, the Central
Intelligence Agency Act of 1949 (63 Stat. 208; 50 U.S.C. 403a
and following), the Act entitled ``An Act to provide certain
administrative authorities for the National Security Agency,
and for other purposes'', approved May 29, 1959 (73 Stat. 63;
50 U.S.C. 402 note), and the Act entitled ``An Act to amend the
Internal Security Act of 1950'', approved March 26, 1964 (78
Stat. 168; 50 U.S.C. 831-835).
* * * * * * *
Subpart D--Pay and Allowances
* * * * * * *
CHAPTER 53--PAY RATES AND SYSTEMS
* * * * * * *
SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES
* * * * * * *
Sec. 5314. Positions at level III
Level III of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2, as adjusted by section 5318 of this title:
Solicitor General of the United States.
Under Secretary of Commerce, Under Secretary of
Commerce for Economic Affairs, Under Secretary of
Commerce for Export Administration and Under Secretary
of Commerce for Travel and Tourism.
* * * * * * *
[Deputy Director of Central Intelligence] Deputy
Directors of Central Intelligence (2).
* * * * * * *
----------
SECTION 306 OF THE INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1996
[SEC. 306. SECRECY AGREEMENTS USED IN INTELLIGENCE ACTIVITIES.
[Notwithstanding any other provision of law not specifically
referencing this section, a nondisclosure policy form or
agreement that is to be executed by a person connected with the
conduct of an intelligence or intelligence-related activity,
other than an employee or officer of the United States
Government, may contain provisions appropriate to the
particular activity for which such document is to be used. Such
form or agreement shall, at a minimum--
[(1) require that the person will not disclose any
classified information received in the course of such
activity unless specifically authorized to do so by the
United States Government; and
[(2) provide that the form or agreement does not
bar--
[(A) disclosures to Congress; or
[(B) disclosures to an authorized official of
an executive agency that are deemed essential
to reporting a violation of United States law.]
----------
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1995
* * * * * * *
TITLE VI--CONSTRUCTION OF FACILITIES FOR THE INTELLIGENCE COMMUNITY
* * * * * * *
[SEC. 603. IDENTIFICATION OF CONSTITUENT COMPONENTS OF BASE
INTELLIGENCE BUDGET.
[The Director of Central Intelligence shall include the same
level of budgetary detail for the Base Budget that is provided
for Ongoing Initiatives and New Initiatives to the Permanent
Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the
Senate in the congressional justification materials for the
annual submission of the National Foreign Intelligence Program
of each fiscal year.]
* * * * * * *
TITLE VIII--COUNTERINTELLIGENCE AND SECURITY
* * * * * * *
[SEC. 811. COORDINATION OF COUNTERINTELLIGENCE ACTIVITIES.
[(a) Establishment of Counterintelligence Policy Board.--
There is established within the executive branch of Government
a National Counterintelligence Policy Board (in this section
referred to as the ``Board''). The Board shall report to the
President through the National Security Council.
[(b) Function of the Board.--The Board shall serve as the
principal mechanism for--
[(1) developing policies and procedures for the
approval of the President to govern the conduct of
counterintelligence activities; and
[(2) resolving conflicts, as directed by the
President, which may arise between elements of the
Government which carry out such activities.
[(c) Coordination of Counterintelligence Matters With the
Federal Bureau of Investigation.--(1) Except as provided in
paragraph (3), the head of each department or agency within the
executive branch shall ensure that--
[(A) the Federal Bureau of Investigation is advised
immediately of any information, regardless of its
origin, which indicates that classified information is
being, or may have been, disclosed in an unauthorized
manner to a foreign power or an agent of a foreign
power;
[(B) following a report made pursuant to subparagraph
(A), the Federal Bureau of Investigation is consulted
with respect to all subsequent actions which may be
undertaken by the department or agency concerned to
determine the source of such loss or compromise; and
[(C) where, after appropriate consultation with the
department or agency concerned, the Federal Bureau of
Investigation undertakes investigative activities to
determine the source of the loss or compromise, the
Federal Bureau of Investigation is given complete and
timely access to the employees and records of the
department or agency concerned for purposes of such
investigative activities.
[(2) Except as provided in paragraph (3), the Director of the
Federal Bureau of Investigation shall ensure that espionage
information obtained by the Federal Bureau of Investigation
pertaining to the personnel, operations, or information of
departments or agencies of the executive branch, is provided
through appropriate channels to the department or agency
concerned, and that such departments or agencies are consulted
with respect to espionage investigations undertaken by the
Federal Bureau of Investigation which involve the personnel,
operations, or information of such department or agency after a
report has been provided pursuant to paragraph (1)(A).
[(3) Where essential to meet extraordinary circumstances
affecting vital national security interests of the United
States, the President may on a case-by-case basis waive the
requirements of paragraph (1) or (2), as they apply to the head
of a particular department or agency, or the Director of the
Federal Bureau of Investigation. Such waiver shall be in
writing and shall fully state the justification for such
waiver. Within thirty days, the President shall notify the
Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives that such waiver has been issued, and at that
time or as soon as national security considerations permit,
provide these committees with a complete explanation of the
circumstances which necessitated such waiver.
[(4) The Director of the Federal Bureau of Investigation
shall, in consultation with the Director of Central
Intelligence and the Secretary of Defense, report annually,
beginning on February 1, 1995, and continuing each year
thereafter, to the Select Committee on Intelligence of the
Senate and to the Permanent Select Committee on Intelligence of
the House of Representatives and, in accordance with applicable
security procedures, the Committees on the Judiciary of the
House of Representatives and the Senate with respect to
compliance with paragraphs (1) and (2) during the previous
calendar year.
[(5) Nothing in this section may be construed to alter the
existing jurisdictional arrangements between the Federal Bureau
of Investigation and the Department of Defense with respect to
investigations of persons subject to the Uniform Code of
Military Justice, nor to impose additional reporting
requirements upon the Department of Defense with respect to
such investigations beyond those required by existing law and
executive branch policy.
[(6) As used in this section, the terms ``foreign power'' and
``agent of a foreign power'' have the same meanings as set
forth in sections 101 (a) and (b), respectively, of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).]
* * * * * * *
----------
SECTION 403 OF THE INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1992
[SEC. 403. INTELLIGENCE COMMUNITY CONTRACTING.
[The Director of Central Intelligence shall direct that
elements of the Intelligence Community, whenever compatible
with the national security interests of the United States and
consistent with the operational and security concerns related
to the conduct of intelligence activities, and where fiscally
sound, shall award contracts in a manner that would maximize
the procurement of products in the United States. For purposes
of this provision, the term ``Intelligence Community'' has the
same meaning as set forth in paragraph 3.4(f) of Executive
Order 12333, dated December 4, 1981, or successor orders.]
----------
SECTION 8154 OF THE DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 1995
[Sec. 8154. (a) None of the funds available to the Department
of Defense for any fiscal year for drug interdiction or
counter-drug activities may be transferred to any other
department or agency of the United States except as
specifically provided in an appropriations law.
[(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction and counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided in
an appropriations law.]
----------
SECTION 8107 OF THE DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 1994
[(transfer of funds)
[Sec. 8107. During the current fiscal year and thereafter, no
funds may be made available through transfer, reprogramming, or
other means between the Central Intelligence Agency and the
Department of Defense for any intelligence or special activity
different from that previously justified to the Congress unless
the Director of Central Intelligence or the Secretary of
Defense has notified the House and Senate Appropriations
Committees of the intent to make such funds available for such
activity.]
MINORITY VIEWS
Although it does not contain many of the more controversial
provisions of its predecessor, H.R. 3237 as ordered reported by
the majority would alter the existing relationship between the
Director of Central Intelligence (DCI) and the heads of other
agencies or departments, elements of which comprise the
intelligence community. These changes were proposed, and
adopted, without providing an opportunity for senior officials
of the organizations most affected by them to appear before the
Committee. Without an opportunity to fully assess these
proposals, it is not possible to make an informed decision
about their usefulness or necessity and, therefore the wisdom
of approving them. While we were encouraged by Chairman
Combest's pledge at the markup of this bill to hold hearings
prior to conference at which Committee members could obtain
additional information with which to judge the merits of this
legislation, we can not endorse it at this time.
With the exception of the Central Intelligence Agency, the
components of the intelligence community are also parts of
cabinet departments, primarily the Departments of Defense,
State and Justice. A balance exists between the way these
agencies, bureaus, divisions, and offices function as parts of
the community and as parts of their parent organizations. At
the heart of this balance lies a recognition that intelligence
is a support function, rather than an independent function, of
government. The intelligence community has grown in an ad hoc
manner over the last fifty years, in large part because the
United States has purposely chosen not to create a Department
of Intelligence and concentrate within it the power exercised
in other nations by ministers of state security. Managing the
loose confederation that is the United States intelligence
community is a challenging and, because it sometimes requires
obtaining the concurrence of officials with responsibilities in
areas other than intelligence, often a frustrating job. It has
not been shown, however, that whatever managerial difficulties
the current structure presents have made it impossible for the
community to discharge effectively its responsibilities or that
significant additions to the already impressive list of
authorities held by the DCI, which would inevitably disrupt the
balance between the DCI and other officers of the government,
primarily the Secretary of Defense, are advisable.
We view with concern, therefore, provisions in this bill
which would allow the DCI, with only the consent of the
Director of the Office of Management and Budget, to transfer
funds within the National Foreign Intelligence Program and to
transfer personnel among various intelligence agencies. There
may be compelling reasons why, as an example, the Secretary of
Defense might object to the movement of military personnel or
funds appropriated to the department. Similar objections might
be held in other cases by the Director of the Federal Bureau of
Investigation. Under the terms of the bill, however, the DCI
could effect the transfer regardless of these objections. Had a
case been made that the existing transfer authority in the
National Security Act, which requires the concurrence of the
head of the department or agency from which funds would be
taken was not adequate, we might feel differently. No such
case, however, has been made.
We have similar concerns about proposals to establish
statutorily committees of the National Security Council, create
a Director of Military Intelligence, and move a part of the
human intelligence collection activity of the Department of
Defense to the CIA. To the extent that any of these actions
make sense, they can be accomplished by executive action. In
fact, at least with respect to the structure of the National
Security Council and the relationship between Defense
Department human intelligence and the CIA, such action is
either contemplated or underway. Legislating these changes,
however, reduces the flexibility of senior officials in the
executive branch, including the President, to make
modifications as needs or experience dictates. We consider such
restrictions to be unwise.
We do not believe that any of the recent studies of the
intelligence community support a conclusion that a major
structural overhaul is needed. In making the changes on which
there is consensus, we should legislate only when other means
of effecting those changes are demonstrated to be inadequate.
The bill would legislate as a matter of first rather than last
choice, without a solid evidentiary basis to support such
action. We do not believe that is a wise course.
Director of Central Intelligence Deutch, in consultation
with others in the executive branch, has proposed a number of
reform measures which are intended to achieve many of the goals
of H.R. 3237. These measures build on the DCI's advocacy of a
system of joint management, with the Secretary of Defense, of
the activities of the intelligence community. We believe that
this joint management concept has great promise for enabling
the community to function more smoothly, without upsetting the
balance between the interests of its components. We endorse the
DCI's proposal, the major components of which include:
improving policy guidance for the intelligence community
through the creation by executive action of a Committee on
Foreign Intelligence, a Consumers Committee, and a Global Crime
Committee; strengthening the ability of the DCI to discharge
his community responsibilities by creating two new deputy
DCI's, one for community management and one for the CIA; and
strengthening the DCI's authorities by moving over time toward
the implementation by executive action of a procedure through
which the DCI would concur in the appointments of the heads of
all of the major elements of the intelligence community. Other
recommendations for change, such as the consolidation of
imagery and mapping activities in a new agency, that were the
product of careful study by the DCI and the civilian and
military leadership of the Defense Department deserve to be
acted upon by Congress. Finally, we believe that initiatives
such as the DCI's personnel proposals for CIA that will
facilitate the recruitment and retention of a highly skilled
workforce through improvements in assignment and selection,
continuous professional development, and a performance
appraisal system based on competency and results merit strong
support.
Norm Dicks.
Bill Richardson.
Julian C. Dixon.
Robert Torricelli.
Ronald D. Coleman.
David E. Skaggs.
Nancy Pelosi.
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