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104th Congress Rept. 104-620
HOUSE OF REPRESENTATIVES
2d Session Part 2
_______________________________________________________________________
INTELLIGENCE COMMUNITY ACT
__________
R E P O R T
of the
COMMITTEE ON NATIONAL SECURITY
HOUSE OF REPRESENTATIVES
on
H.R. 3237
[Including cost estimate of the Congressional Budget Office]
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
July 23, 1996.--Ordered to be printed
HOUSE COMMITTEE ON NATIONAL SECURITY
One Hundred Fourth Congress
FLOYD D. SPENCE, South Carolina,
Chairman
RONALD V. DELLUMS, California BOB STUMP, Arizona
G.V. (SONNY) MONTGOMERY, Mississippi DUNCAN HUNTER, California
PATRICIA SCHROEDER, Colorado JOHN R. KASICH, Ohio
IKE SKELTON, Missouri HERBERT H. BATEMAN, Virginia
NORMAN SISISKY, Virginia JAMES V. HANSEN, Utah
JOHN M. SPRATT, Jr., South Carolina CURT WELDON, Pennsylvania
SOLOMON P. ORTIZ, Texas ROBERT K. DORNAN, California
OWEN PICKETT, Virginia JOEL HEFLEY, Colorado
LANE EVANS, Illinois JIM SAXTON, New Jersey
JOHN TANNER, Tennessee RANDY ``DUKE'' CUNNINGHAM,
GLEN BROWDER, Alabama California
GENE TAYLOR, Mississippi STEVE BUYER, Indiana
NEIL ABERCROMBIE, Hawaii PETER G. TORKILDSEN, Massachusetts
CHET EDWARDS, Texas TILLIE K. FOWLER, Florida
FRANK TEJEDA, Texas JOHN M. McHUGH, New York
MARTIN T. MEEHAN, Massachusetts JAMES TALENT, Missouri
ROBERT A. UNDERWOOD, Guam TERRY EVERETT, Alabama
JANE HARMAN, California ROSCOE G. BARTLETT, Maryland
PAUL McHALE, Pennsylvania HOWARD ``BUCK'' McKEON, California
PETE GEREN, Texas RON LEWIS, Kentucky
PETE PETERSON, Florida J.C. WATTS, Jr., Oklahoma
WILLIAM J. JEFFERSON, Louisiana MAC THORNBERRY, Texas
ROSA L. DeLAURO, Connecticut JOHN N. HOSTETTLER, Indiana
MIKE WARD, Kentucky SAXBY CHAMBLISS, Georgia
PATRICK J. KENNEDY, Rhode Island VAN HILLEARY, Tennessee
JOE SCARBOROUGH, Florida
WALTER B. JONES, Jr., North
Carolina
JAMES B. LONGLEY, Jr., Maine
TODD TIAHRT, Kansas
RICHARD ``DOC'' HASTINGS,
Washington
Andrew K. Ellis, Staff Director
104th Congress Rept. 104-620
HOUSE OF REPRESENTATIVES
2d Session Part 2
_______________________________________________________________________
INTELLIGENCE COMMUNITY ACT
_______
July 23, 1996.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Spence, from the Committee on National Security, submitted the
following
R E P O R T
[To accompany H.R. 3237]
[Including cost estimate of the Congressional Budget Office]
The Committee on National Security, 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 an amendment and recommend that the bill as amended do
pass.
The amendment is 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--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--National Imagery and Mapping Agency
Subtitle D--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.
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. Transfer of funds or personnel within the National Foreign
Intelligence Program.
Sec. 224. Limitation on reprogramming.
Subtitle C--Personnel
Sec. 231. Use of personnel.
Sec. 232. Authority to terminate employment of certain employees.
Sec. 233. Study of an Intelligence Community Reserve and an
Infrastructure Support Office.
Subtitle D--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. Report on human intelligence collection activities.
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. Conduct of Defense intelligence activities.
Sec. 408. Signals intelligence activities.
Sec. 409. Imagery collection, processing, and exploitation.
Sec. 410. Overhead reconnaissance systems.
Sec. 411. Defense Intelligence Agency.
Sec. 412. Military departments.
Sec. 413. Use of elements of Department of Defense.
Sec. 414. Consultations regarding appointment of certain intelligence
officials.
Subtitle B--Director of Military Intelligence
Sec. 421. Report on the establishment of a Director of Military
Intelligence.
Subtitle C--National Imagery and Mapping Agency
Part I--Establishment of Agency
Sec. 431. Establishment.
Sec. 432. Missions and authority.
Sec. 433. Transfers of personnel and assets.
Sec. 434. Compatibility with authority under the Intelligence Community
Act.
Sec. 435. National mission of National Imagery and Mapping Agency.
Sec. 436. Creditable civilian service for career conditional employees
of the Defense Mapping Agency.
Sec. 437. Saving provisions.
Sec. 438. Definitions.
Part II--Conforming Amendments and Effective Date
Sec. 441. Redesignation and repeals.
Sec. 442. Reference amendments.
Sec. 443. Headings and clerical amendments.
Sec. 444. Effective date.
Subtitle D--Civilian Intelligence Personnel Policy
Sec. 481. Management of civilian intelligence personnel.
Sec. 482. Repeal of superseded sections and clerical and conforming
amendments.
Sec. 483. Other personnel management authorities.
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 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.
(b) Purposes.--The purposes of this Act are--
(1) to provide a framework for the improved management of
United States intelligence activities at all levels and within
all intelligence disciplines; and
(2) to provide an institutional structure that will continue
to ensure that the Intelligence Community serves the needs of
Government consumers in an effective and timely manner.
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 approve collection
requirements, determine collection priorities, and resolve conflicts in
collection priorities levied on national collection assets, except as
otherwise agreed with the Secretary of Defense pursuant to the
direction of the President.
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) Performing community-wide coordination functions,
including the coordination of resources and requirements.
(3) Coordinating 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 otherwise authorized by law; 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.
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 National Imagery and Mapping Agency.
(9) The intelligence elements of the Army, the Navy, the Air
Force, the Marine Corps, and the Coast Guard.
(10) The intelligence elements of the Federal Bureau of
Investigation, the Department of the Treasury, the Department
of Energy, and the Drug Enforcement Administration.
(11) The Bureau of Intelligence and Research of the
Department of State.
(12) Such other elements of any other department or agency as
may be designated by the President, or designated jointly by
the Director of Central Intelligence and the head of the
department or agency concerned, as an element of 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.
The Deputy Director of Central Intelligence for Community Management,
acting through the Community Management Staff, shall provide direction
for 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.
(4) Identification and review of intelligence gaps and
shortfalls.
Subtitle B--National Foreign Intelligence Program
SEC. 221. BUDGETS.
(a) Preparation.--The Deputy Director of Central Intelligence for
Community Management shall provide guidance to elements of the
intelligence community for the preparation of their annual budgets for
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 National Foreign Intelligence Program
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 National Foreign Intelligence Program
elements of the Intelligence Community and shall have the authority to
recommend to the comptroller of the agency involved that authorized and
appropriated intelligence funds be withheld in those instances in which
elements of the Intelligence Community within the agency involved 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. 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;
(4) the transfer does not involve a transfer of funds or
personnel from the Federal Bureau of Investigation; and
(5) the Secretary or head of the department which contains
the affected element or elements of the intelligence community
does not object to such transfer.
(c) Availability of Transferred Funds.--Funds transferred under this
section 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. 224. 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, and subject to the concurrence of the Secretary of Defense
when employees of the Department of Defense are affected, 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 whenever the Director
considers such termination to be necessary or advisable in the
interests of the United States. In the case of an officer or employee
who is assigned or detailed to the Community Management Staff from a
department or agency other than the Central Intelligence Agency, the
Director may, in the Director's discretion, discontinue the assignment
or detail of such officer or employee to the Community Management Staff
and may recommend to the head of such department or agency that the
employment of such officer or employee be terminated.
(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. STUDY OF AN INTELLIGENCE COMMUNITY RESERVE AND AN
INFRASTRUCTURE SUPPORT OFFICE.
(a) Study.--The Director of Central Intelligence, in consultation
with appropriate agency heads, shall study the feasibilty of
establishing an Intelligence Community Reserve and an Infrastructure
Support Office.
(b) Matters To Be Included in Study With Respect to Intelligence
Community Reserve.--The study under this section shall address the
following matters with respect to establishment of an Intelligence
Community Reserve:
(1) The criteria for membership of the Reserve, especially
among former and retired employees of elements of the
Intelligence Community.
(2) Monetary incentives that would be appropriate or
necessary to attract individuals to become members of the
Reserve.
(3) Programs and authorities that would be required in order
to provide training and support for members of the Reserve.
(4) Whether service agreements should be offered or required
for members of the Reserve or as a condition of providing
training to a member of the Reserve.
(5) Any changes in law that may be required in order to
implement the Reserve.
(c) Matters To Be Included in Study With Respect to Intelligence
Community Reserve.--The study under this section shall address the
following matters with respect to establishment of an Infrastructure
Support Office to be responsible for administrative and logistical
functions relating to infrastructure and services of common concern to
elements of the Intelligence Community:
(1) Personnel management.
(2) Security.
(3) Community-level training.
(4) Communications.
(5) Automation.
(6) Such additional functions as the Director considers
appropriate.
Subtitle D--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 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) Coordinating 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.
(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) Performing such other functions as the Director
of Central Intelligence may direct.
SEC. 304. REPORT ON HUMAN INTELLIGENCE COLLECTION ACTIVITIES.
Not later than 90 days after the date of the enactment of this Act,
the Director of Central Intelligence and the Deputy Secretary of
Defense shall jointly submit to the Committee on Armed Services and the
Select Committee on Intelligence of the Senate and the Committee on
National Security and the Permanent Select Committee on Intelligence of
the House of Representatives a report on the ongoing efforts of those
officials to achieve commonality, interoperability, and, where
practicable, consolidation of the collection of clandestine
intelligence from human sources conducted by the Defense Human
Intelligence Service of the Department of Defense and the Directorate
of Operations of the Central Intelligence Agency.
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. Such appointments
shall be made in consultation with the Secretary of Defense. 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 Deputy
Secretary of Defense.
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 jointly conduct a study 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) Implementation of the National Imagery and Mapping
Agency, including an evaluation of its effectiveness and
possible synergies that could be gained by assessing the
potential consolidation of other collection activities. These
other collection activities should include--
(A) signals intelligence (SIGINT) 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; and
(D) development of processing and exploitation
technologies to support these functions.
(2) The joint study should include an evaluation of the
feasibility and efficacy of consolidating the following
functions, which should include--
(A) 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;
(B) the operation and final disposition of such
systems;
(C) 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
(D) 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.
(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
possible additional consolidations as well as the costs and
benefits of maintaining the current system; and
(3) examine such possible consolidations 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, in
consultation with the Secretary of Defense, 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 and the
Secretary of Defense, who shall forward the report to the President,
the congressional intelligence committees, the Committee on Armed
Services of the Senate, and the Committee on National Security of the
House of Representatives.
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) wherever such elements are performing Government-wide
functions, 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.
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. 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. DEFENSE INTELLIGENCE AGENCY.
The Secretary of Defense shall ensure--
(1) 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; and
(2) 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
SEC. 412. MILITARY DEPARTMENTS.
The Secretary of Defense shall ensure that the military departments
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;
(3) the requirements of the unified and specified combatant
commands and of joint operations; and
(4) 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.
SEC. 413. 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. 414. 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
``Before submitting a recommendation to the President regarding the
appointment of an individual to the position of Director of the
National Security Agency, Director of the Defense Intelligence Agency,
Director of the National Reconnaissance Office, or Director of the
National Imagery and Mapping Agency, the Secretary of Defense shall
consult with the Director of Central Intelligence regarding the
recommendation.''.
(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. REPORT ON THE ESTABLISHMENT OF A DIRECTOR OF MILITARY
INTELLIGENCE.
(a) Report Required.--Not later than April 15, 1997, the Secretary of
Defense shall submit to the congressional committees named in
subsection (b) a report on the day-to-day coordination role of the
intelligence activities of the military intelligence community
performed by the Director of the Defense Intelligence Agency, as
chairman of the Military Intelligence Board. The report shall assess
the feasibility of formally establishing the Director of the Defense
Intelligence Agency as the Director of Military Intelligence, with
clear preservation of civilian oversight responsibilities.
(b) Committees.--The committees referred to in subsection (a) are--
(1) the Committee on Armed Services and the Select Committee
on Intelligence of the Senate; and
(2) the Committee on National Security and the Permanent
Select Committee on Intelligence of the House of
Representatives.
Subtitle C--National Imagery and Mapping Agency
PART I--ESTABLISHMENT OF AGENCY
SEC. 431. ESTABLISHMENT.
(a) Establishment.--There is hereby established in the Department of
Defense a Defense Agency to be known as the National Imagery and
Mapping Agency.
(b) Transfer of Functions From Department of Defense Entities.--The
missions and functions of the following elements of the Department of
Defense are transferred to the National Imagery and Mapping Agency:
(1) The Defense Mapping Agency.
(2) The Central Imagery Office.
(3) Other elements of the Department of Defense as specified
in the classified annex to this Act.
(c) Transfer of Functions From Central Intelligence Agency.--The
missions and functions of the following elements of the Central
Intelligence Agency are transferred to the National Imagery and Mapping
Agency:
(1) The National Photographic Interpretation Center.
(2) Other elements of the Central Intelligence Agency as
specified in the classified annex to this Act.
SEC. 432. MISSIONS AND AUTHORITY.
(a) Agency Charter.--Part I of subtitle A of title 10, United States
Code, is amended--
(1) by redesignating chapter 22 as chapter 23; and
(2) by inserting after chapter 21 the following new chapter
22:
``CHAPTER 22--NATIONAL IMAGERY AND MAPPING AGENCY
``Subchapter Sec.
``I. Missions and Authority................................. 441
``II. Maps, Charts, and Geodetic Products................... 451
``III. Personnel Management................................. 461
``IV. Definitions........................................... 467
``SUBCHAPTER I--MISSIONS AND AUTHORITY
``Sec.
``441. Establishment.
``442. Missions.
``443. Imagery intelligence and geospatial information: support for
foreign countries.
``444. Support from Central Intelligence Agency.
``445. Protection of agency identifications and organizational
information.
``Sec. 441. Establishment
``(a) Establishment.--The National Imagery and Mapping Agency is a
combat support agency of the Department of Defense and has significant
national missions.
``(b) Director.--(1) The Director of the National Imagery and Mapping
Agency is the head of the agency. The Director carries out the
Director's functions subject to the authority, direction, and control
of the Secretary of Defense.
``(2) If an officer of the armed forces on active duty is appointed
to the position of Director, the position shall be treated as having
been designated by the President as a position of importance and
responsibility for purposes of section 601 of this title and shall
carry the grade of lieutenant general, or, in the case of an officer of
the Navy, vice admiral.
``(c) Director of Central Intelligence Collection Tasking
Authority.--Unless otherwise directed by the President, the Director of
Central Intelligence may (except as otherwise agreed by the Director
and the Secretary of Defense)--
``(1) approve collection requirements levied on national
imagery collection assets;
``(2) determine priorities for such requirements; and
``(3) resolve conflicts in such priorities.
``Sec. 442. Missions
``(a) National Security Missions.--(1) The Director of the National
Imagery and Mapping Agency shall, in support of the national security
objectives of the United States, provide the following:
``(A) Imagery.
``(B) Imagery intelligence.
``(C) Geospatial information.
``(2) In carrying out paragraph (1), the Director shall ensure that
the information and intelligence provided is timely, relevant, and
accurate.
``(b) Navigation Information.--The Director of the National Imagery
and Mapping Agency shall improve means of navigating vessels of the
Navy and the merchant marine by providing, under the authority of the
Secretary of Defense, accurate and inexpensive nautical charts, sailing
directions, books on navigation, and manuals of instructions for the
use of all vessels of the United States and of navigators generally.
``(c) Maps, Charts, Etc.--The Director of the National Imagery and
Mapping Agency shall prepare and distribute maps, charts, books, and
geodetic products as authorized under subchapter II of this chapter.
``(d) National Missions.--The National Imagery and Mapping Agency
also has national missions as specified in section 120(a) of the
National Security Act of 1947.
``(e) Systems.--The Director of the Agency may, in furtherance of a
mission of the Agency, design, develop, deploy, operate, and maintain
systems related to the processing and dissemination of imagery
intelligence and geospatial information that may be transferred to,
accepted or used by, or used on behalf of--
``(1) the armed forces, including any combatant command,
component of a combatant command, joint task force, or tactical
unit; or
``(2) any other department or agency of the United States.
``Sec. 443. Imagery intelligence and geospatial information: support
for foreign countries
``(a) Use of Appropriated Funds.--The Director of the National
Imagery and Mapping Agency may use appropriated funds available to that
Agency to provide foreign countries with imagery intelligence and
geospatial information support.
``(b) Funds Other Than Appropriated Funds.--The Director may use
funds other than appropriated funds to provide foreign countries with
imagery intelligence and geospatial information support,
notwithstanding provisions of law relating to the expenditure of funds
of the United States, except that--
``(1) no such funds may be expended, in whole or in part, by
or for the benefit of the National Imagery and Mapping Agency
for a purpose for which Congress had previously denied funds.
``(2) proceeds from the sale of imagery intelligence or
geospatial information items may be used only to purchase
replacement items similar to the items that are sold; and
``(3) the authority provided by this subsection may not be
used to acquire items or services for the principal benefit of
the United States.
``(c) Accommodation Procurements.--The authority under this section
may be exercised to conduct accommodation procurements on behalf of
foreign countries.
``(d) Coordination With Director of Central Intelligence.--The
Director of the Agency shall coordinate with the Director of Central
Intelligence any action under this section that involves imagery
intelligence or intelligence products or involves providing support to
an intelligence or security service of a foreign country.
``Sec. 444. Support from Central Intelligence Agency
``(a) Support Authorized.--The Director of Central Intelligence may
provide support in accordance with this section to the Director of the
National Imagery and Mapping Agency. The Director of the National
Imagery and Mapping Agency may accept support provided under this
section.
``(b) Administrative and Contract Services.--(1) In furtherance of
the national intelligence effort, the Director of Central Intelligence
may provide administrative and contract services to the National
Imagery and Mapping Agency as if that agency were an organizational
element of the Central Intelligence Agency.
``(2) Services provided under paragraph (1) may include the services
of security police. For purposes of section 15 of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403o), an installation of
the National Imagery and Mapping Agency that is provided security
police services under this section shall be considered an installation
of the Central Intelligence Agency.
``(3) Support provided under this subsection shall be provided under
terms and conditions agreed upon by the Secretary of Defense and the
Director of Central Intelligence.
``(c) Detail of Personnel.--The Director of Central Intelligence may
detail personnel of the Central Intelligence Agency indefinitely to the
National Imagery and Mapping Agency without regard to any limitation on
the duration of interagency details of Federal Government personnel.
``(d) Reimbursable or Nonreimbursable Support.--Support under this
section may be provided and accepted on either a reimbursable basis or
a nonreimbursable basis.
``(e) Authority To Transfer Funds.--(1) The Director of the National
Imagery and Mapping Agency may transfer funds available for that agency
to the Director of Central Intelligence for the Central Intelligence
Agency.
``(2) The Director of Central Intelligence--
``(A) may accept funds transferred under paragraph (1); and
``(B) shall expend such funds, in accordance with the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), to
provide administrative and contract services or detail
personnel to the National Imagery and Mapping Agency under this
section.
``Sec. 445. Protection of agency identifications and organizational
information
``(a) Unauthorized Use of Agency Name, Initials, or Seal.--(1) Except
with the written permission of the Secretary of Defense, no person may
knowingly use, in connection with any merchandise, retail product,
impersonation, solicitation, or commercial activity in a manner
reasonably calculated to convey the impression that such use is
approved, endorsed, or authorized by the Secretary of Defense, any of
the following:
``(A) The words `National Imagery and Mapping Agency', the
initials `NIMA', or the seal of the National Imagery and
Mapping Agency.
``(B) The words `Defense Mapping Agency', the initials `DMA',
or the seal of the Defense Mapping Agency.
``(C) Any colorable imitation of such words, initials, or
seals.
``(2) Whenever it appears to the Attorney General that any person is
engaged or about to engage in an act or practice which constitutes or
will constitute conduct prohibited by paragraph (1), the Attorney
General may initiate a civil proceeding in a district court of the
United States to enjoin such act or practice. Such court shall proceed
as soon as practicable to a hearing and determination of such action
and may, at any time before such final determination, enter such
restraining orders or prohibitions, or take such other action as is
warranted, to prevent injury to the United States or to any person or
class of persons for whose protection the action is brought.
``(b) Protection of Organizational Information.--Notwithstanding any
other provision of law, the Director of the National Imagery and
Mapping Agency is not required to disclose the organization of the
agency, any function of the agency, any information with respect to the
activities of the agency, or the names, titles, salaries, or number of
the persons employed by the agency. This subsection does not apply to
disclosures of information to Congress.
``SUBCHAPTER II--MAPS, CHARTS, AND GEODETIC PRODUCTS
``Sec.
``451. Maps, charts, and books.
``452. Pilot charts.
``453. Prices of maps, charts, and navigational publications.
``454. Exchange of mapping, charting, and geodetic data with foreign
countries and international organizations
``455. Maps, charts, and geodetic data: public availability;
exceptions.
``456. Civil actions barred.
``SUBCHAPTER III--PERSONNEL MANAGEMENT
``Sec.
``461. Management rights.
``Sec. 461. Management rights
``(a) Scope.--If there is no obligation under the provisions of
chapter 71 of title 5 for the head of an agency of the United States to
consult or negotiate with a labor organization on a particular matter
by reason of that matter being covered by a provision of law or a
Governmentwide regulation, the Director of the National Imagery and
Mapping Agency is not obligated to consult or negotiate with a labor
organization on that matter even if that provision of law or regulation
is inapplicable to the National Imagery and Mapping Agency.
``(b) Bargaining Units.--The National Imagery and Mapping Agency
shall accord exclusive recognition to a labor organization under
section 7111 of title 5 only for a bargaining unit that was recognized
as appropriate for the Defense Mapping Agency on the day before the
date on which employees and positions of the Defense Mapping Agency in
that bargaining unit became employees and positions of the National
Imagery and Mapping Agency under the Intelligence Community Act.
``(c) Termination of Bargaining Unit Coverage of Position Modified To
Affect National Security Directly.--(1) If the Director of the National
Imagery and Mapping Agency determines that the responsibilities of a
position within a collective bargaining unit should be modified to
include intelligence, counterintelligence, investigative, or security
duties not previously assigned to that position and that the
performance of the newly assigned duties directly affects the national
security of the United States, then, upon such a modification of the
responsibilities of that position, the position shall cease to be
covered by the collective bargaining unit and the employee in that
position shall cease to be entitled to representation by a labor
organization accorded exclusive recognition for that collective
bargaining unit.
``(2) A determination described in paragraph (1) that is made by the
Director of the National Imagery and Mapping Agency may not be reviewed
by the Federal Labor Relations Authority or any court of the United
States.
``SUBCHAPTER IV--DEFINITIONS
``Sec.
``467. Definitions.
``Sec. 467. Definitions
``In this chapter:
``(1) The term `function' means any duty, obligation,
responsibility, privilege, activity, or program.
``(2)(A) The term `imagery' means, except as provided in
subparagraph (B), a likeness or presentation of any natural or
manmade feature or related object or activity and the
positional data acquired at the same time the likeness or
representation was acquired, including--
``(i) products produced by space-based national
intelligence reconnaissance systems; and
``(ii) likenesses or presentations produced by
satellites, airborne platforms, unmanned aerial
vehicles, or other similar means.
``(B) Such term does not include handheld or clandestine
photography taken by or on behalf of human intelligence
collection organizations.
``(3) The term `imagery intelligence' means the technical,
geographic, and intelligence information derived through the
interpretation or analysis of imagery and collateral materials.
``(4) The term `geospatial information' means information
that identifies the geographic location and characteristics of
natural or constructed features and boundaries on the earth and
includes--
``(A) statistical data and information derived from,
among other things, remote sensing, mapping, and
surveying technologies;
``(B) mapping, charting, and geodetic data; and
``(C) geodetic products, as defined in section 455(c)
of this title.''.
(b) Transfer of Defense Mapping Agency Provisions.--(1) Sections
2792, 2793, 2794, 2795, 2796, and 2798 of title 10, United States Code,
are transferred to subchapter II of chapter 22 of such title, as added
by subsection (a), inserted in that sequence in such subchapter
following the table of sections, and redesignated in accordance with
the following table:
Section Section as
transferred redesignated
2792...................................................... 451
2793...................................................... 452
2794...................................................... 453
2795...................................................... 454
2796...................................................... 455
2798...................................................... 456.
(2) Sections 451(1), 452, 453, 454, and 455 (in subsections (a) and
(b)(1)(C)), and 456 of title 10, United States Code, as transferred and
redesignated by paragraph (1), are amended by striking out ``Defense
Mapping Agency'' each place it appears and inserting in lieu thereof
``National Imagery and Mapping Agency''.
(c) Oversight of Agency as a Combat Support Agency.--Section 193 of
title 10, United States Code, is amended--
(1) in subsection (d)--
(A) by striking out the caption and inserting in lieu
thereof ``Review of National Security Agency and
National Imagery and Mapping Agency.--'';
(B) in paragraph (1)--
(i) by inserting ``and the National Imagery
and Mapping Agency'' after ``the National
Security Agency''; and
(ii) by striking out ``the Agency'' and
inserting in lieu thereof ``that the
agencies''; and
(C) in paragraph (2), by inserting ``and the National
Imagery and Mapping Agency'' after ``the National
Security Agency'';
(2) in subsection (e)--
(A) by striking out ``DIA and NSA'' in the caption
and inserting in lieu thereof the following: ``DIA,
NSA, and NIMA.--''; and
(B) by striking out ``and the National Security
Agency'' and inserting in lieu thereof ``, the National
Security Agency, and the National Imagery and Mapping
Agency''; and
(3) in subsection (f), by striking out paragraph (4) and
inserting in lieu thereof the following:
``(4) The National Imagery and Mapping Agency.''.
(d) Special Printing Authority for Agency.--(1) Section 207(a)(2)(B)
of the Legislative Branch Appropriations Act, 1993 (Public Law 102-392;
44 U.S.C. 501 note), is amended by inserting ``National Imagery and
Mapping Agency,'' after ``Defense Intelligence Agency,''.
(2) Section 1336 of title 44, United States Code, is amended--
(A) by striking out ``Secretary of the Navy'' and inserting
in lieu thereof ``Director of the National Imagery and Mapping
Agency''; and
(B) by striking out ``United States Naval Oceanographic
Office'' and inserting in lieu thereof ``National Imagery and
Mapping Agency''.
SEC. 433. TRANSFERS OF PERSONNEL AND ASSETS.
The personnel, assets, unobligated balances of appropriations and
authorizations of appropriations, and, to the extent jointly determined
appropriate by the Secretary of Defense and Director of Central
Intelligence, obligated balances of appropriations and authorizations
of appropriations employed, used, held, arising from, or available in
connection with the missions and functions transferred under section
431(c) are transferred to the National Imagery and Mapping Agency.
Transfers of appropriations from the Central Intelligence Agency under
this section shall be made in accordance with section 1531 of title 31,
United States Code.
SEC. 434. COMPATIBILITY WITH AUTHORITY UNDER THE INTELLIGENCE COMMUNITY
ACT.
Consistent with the other provisions of this Act, the Secretary of
Defense shall ensure, through the National Imagery and Mapping Agency
(except as otherwise directed by the President or the National Security
Council) and with appropriate representation from the intelligence
community, the continued operation of an effective unified organization
within the Department of Defense--
(1) for carrying out tasking of imagery collection;
(2) for the coordination of imagery processing and
exploitation activities;
(3) for ensuring the dissemination of imagery in a timely
manner to authorized recipients; and
(4) notwithstanding any other provision of law, for--
(A) prescribing technical architecture and standards
related to imagery intelligence and geospatial
information and ensuring compliance with such
architecture and standards; and
(B) developing and fielding systems of common concern
related to imagery intelligence and geospatial
information.
SEC. 435. NATIONAL MISSION OF NATIONAL IMAGERY AND MAPPING AGENCY.
(a) In General.--In addition to the Department of Defense missions
set forth in section 442 of title 10, United States Code, the National
Imagery and Mapping Agency shall support the imagery requirements of
the Department of State and other departments and agencies of the
United States outside the Department of Defense.
(b) Requirements and Priorities.--The Director of Central
Intelligence shall establish requirements and priorities governing the
collection of national intelligence by the National Imagery and Mapping
Agency under subsection (a).
(c) Correction of Deficiencies.--The Director of Central Intelligence
shall develop and implement such programs and policies as the Director
and the Secretary of Defense jointly determine necessary to review and
correct deficiencies identified in the capabilities of the National
Imagery and Mapping Agency to accomplish assigned national missions.
The Director shall consult with the Secretary of Defense on the
development and implementation of such programs and policies. The
Secretary shall obtain the advice of the Chairman of the Joint Chiefs
of Staff regarding the matters on which the Director and the Secretary
are to consult under the preceding sentence.
SEC. 436. CREDITABLE CIVILIAN SERVICE FOR CAREER CONDITIONAL EMPLOYEES
OF THE DEFENSE MAPPING AGENCY.
In the case of an employee of the National Imagery and Mapping Agency
who, on the day before the effective date of this title, was an
employee of the Defense Mapping Agency in a career-conditional status,
the continuous service of that employee as an employee of the National
Imagery and Mapping Agency on and after such date shall be considered
creditable service for the purpose of any determination of the career
status of the employee.
SEC. 437. SAVING PROVISIONS.
(a) Continuing Effect on Legal Documents.--All orders,
determinations, rules, regulations, permits, agreements, international
agreements, grants, contracts, leases, certificates, licenses,
registrations, privileges, and other administrative actions--
(1) which have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction, in
connection with any of the functions which are transferred
under this title or any function that the National Imagery and
Mapping Agency is authorized to perform by law, and
(2) which are in effect at the time this title takes effect,
or were final before the effective date of this title and are
to become effective on or after the effective date of this
title,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, the Secretary of Defense, the Director of the National
Imagery and Mapping Agency or other authorized official, a court of
competent jurisdiction, or by operation of law.
(b) Proceedings Not Affected.--This title and the amendments made by
this title shall not affect any proceedings, including notices of
proposed rulemaking, or any application for any license, permit,
certificate, or financial assistance pending before an element of the
Department of Defense or Central Intelligence Agency at the time this
title takes effect, with respect to function of that element
transferred by section 442, but such proceedings and applications shall
be continued. Orders shall be issued in such proceedings, appeals shall
be taken therefrom, and payments shall be made pursuant to such orders,
as if this title had not been enacted, and orders issued in any such
proceedings shall continue in effect until modified, terminated,
superseded, or revoked by a duly authorized official, by a court of
competent jurisdiction, or by operation of law. Nothing in this section
shall be deemed to prohibit the discontinuance or modification of any
such proceeding under the same terms and conditions and to the same
extent that such proceeding could have been discontinued or modified if
this title had not been enacted.
SEC. 438. DEFINITIONS.
In this part, the terms ``function'', ``imagery'', ``imagery
intelligence'', and ``geospatial information'' have the meanings given
those terms in section 467 of title 10, United States Code, as added by
section 432.
PART II--CONFORMING AMENDMENTS AND EFFECTIVE DATE
SEC. 441. REDESIGNATION AND REPEALS.
(a) Redesignation.--Chapter 23 of title 10, United States Code (as
redesignated by section 432(a)(1)) is amended by redesignating the
sections in that chapter as sections 481 and 482, respectively.
(b) Repeal of Superseded Law.--Chapter 167 of such title, as amended
by section 432(b), is repealed.
SEC. 442. REFERENCE AMENDMENTS.
(a) Title 5, United States Code.--Title 5, United States Code, is
amended as follows:
(1) Central imagery office.--Sections 2302(a)(2)(C)(ii),
3132(a)(1)(B), 4301(1) (in clause (ii)), 4701(a)(1)(B),
5102(a)(1) (in clause (xi)), 5342(a)(1)(L), 6339(a)(1)(E), and
7323(b)(2)(B)(i)(XIII) are amended by striking out ``Central
Imagery Office'' and inserting in lieu thereof ``National
Imagery and Mapping Agency''.
(2) Director, central imagery office.--Section 6339(a)(2)(E)
is amended by striking out ``Central Imagery Office, the
Director of the Central Imagery Office'' and inserting in lieu
thereof ``National Imagery and Mapping Agency, the Director of
the National Imagery and Mapping Agency''.
(b) Other Laws.--The following provisions of law are amended by
striking out ``Central Imagery Office'' and inserting in lieu thereof
``National Imagery and Mapping Agency'':
(1) National security act of 1947.--Section 3(4)(E) of the
National Security Act of 1947 (50 U.S.C. 401a(4)(E).
(2) Ethics in government act of 1978.--Section 105(a) of the
Ethics in Government Act of 1978 (Public Law 95-521; 5 U.S.C.
App. 4).
(3) Employee polygraph protection act.--Section 7(b)(2)(A)(i)
of the Employee Polygraph Protection Act of 1988 (Public Law
100-347; 29 U.S.C. 2006(b)(2)(A)(i)).
(c) Cross Reference.--Section 82 of title 14, United States Code, is
amended by striking out ``chapter 167'' and inserting in lieu thereof
``subchapter II of chapter 22''.
SEC. 443. HEADINGS AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--
(1) The table of chapters at the beginning of subtitle A of
title 10, United States Code, is amended--
(A) by striking out the item relating to chapter 22
and inserting in lieu thereof the following:
``22. National Imagery and Mapping Agency................... 441
``23. Miscellaneous Studies and Reports..................... 471'';
and
(B) by striking out the item relating to chapter 167.
(2) The table of chapters at the beginning of part I of such
subtitle is amended by striking out the item relating to
chapter 22 and inserting in lieu thereof the following:
``22. National Imagery and Mapping Agency................... 441
``23. Miscellaneous Studies and Reports..................... 471'';
(3) The table of chapters at the beginning of part IV of such
subtitle is amended by striking out the item relating to
chapter 167.
(4) The items in the table of sections at the beginning of
chapter 23 of title 10, United States Code (as redesignated by
section 432(a)(1)), are revised so as to reflect the
redesignations made by section 441(a).
(b) Title 44, United States Code.--
(1) The heading of section 1336 of title 44, United States
Code, is amended to read as follows:
``Sec. 1336. National Imagery and Mapping Agency: special
publications''.
(2) The item relating to that section in the tables of
sections at the beginning of chapter 13 of such title is
amended to read as follows:
``1336. National Imagery and Mapping Agency: special publications.''.
SEC. 444. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle shall take
effect on the later of October 1, 1996, or the date of the enactment of
an Act, whichever is later.
Subtitle D--Civilian Intelligence Personnel Policy
SEC. 481. MANAGEMENT OF CIVILIAN INTELLIGENCE PERSONNEL.
(a) Consolidation and Standardization of Civilian Personnel Policy.--
Chapter 83 of title 10, United States Code, is amended--
(1) by redesignating section 1602 as section 1621 and
transferring that section so as to appear after section 1605;
(2) by redesignating sections 1606 and 1608 as section 1622
and 1623, respectively; and
(3) by striking out the chapter heading, the table of
sections, and sections 1601, 1603, and 1604 and inserting in
lieu thereof the following:
``CHAPTER 83--CIVILIAN DEFENSE INTELLIGENCE EMPLOYEES
``Subchapter Sec.
``I. Defense-Wide Intelligence Personnel Policy............. 1601
``II. Defense Intelligence Agency Personnel................. 1621
``SUBCHAPTER I--DEFENSE-WIDE INTELLIGENCE PERSONNEL POLICY
``Sec.
``1601. Civilian intelligence personnel: general authority to establish
excepted positions, appoint personnel, and fix rates of pay.
``1602. Basic pay.
``1603. Additional compensation, incentives, and allowances.
``1605. Benefits for certain employees assigned outside the United
States.
``1606. Defense Intelligence Senior Executive Service.
``1607. Intelligence Senior Level positions.
``1608. Time-limited appointments.
``1609. Termination of defense intelligence employees.
``1610. Reductions and other adjustments in force.
``1611. Postemployment assistance: certain terminated intelligence
employees.
``1612. Merit system principles and civil service protections:
applicability.
``1613. Miscellaneous provisions.
``1614. Definitions.
``Sec. 1601. Civilian intelligence personnel: general authority to
establish excepted positions, appoint personnel,
and fix rates of pay
``(a) General Authority.--The Secretary of Defense may--
``(1) establish, as positions in the excepted service, such
defense intelligence positions in the intelligence components
of the Department of Defense and the military departments as
the Secretary determines necessary to carry out the
intelligence functions of those components and departments,
including--
``(A) Intelligence Senior Level positions designated
under section 1607 of this title; and
``(B) positions in the Defense Intelligence Senior
Executive Service;
``(2) appoint individuals to those positions (after taking
into consideration the availability of preference eligibles for
appointment to those positions); and
``(3) fix the compensation of such individuals for service in
those positions.
``(b) Construction With Other Laws.--The authority of the Secretary
of Defense under subsection (a) applies without regard to the
provisions of any other law relating to the appointment, number,
classification, or compensation of employees.
``Sec. 1602. Basic pay
``(a) Authority To Fix Rates of Basic Pay.--The Secretary of Defense
(subject to the provisions of this section) shall fix the rates of
basic pay for positions established under section 1601 of this title in
relation to the rates of basic pay provided in subpart D of part III of
title 5 for positions subject to that subpart which have corresponding
levels of duties and responsibilities.
``(b) Maximum Rates.--A rate of basic pay fixed under subsection (a)
for a position established under section 1601 of this title may not
(except as otherwise provided by law) exceed--
``(1) in the case of a Defense Intelligence Senior Executive
Service position, the maximum rate provided in section 5382 of
title 5;
``(2) in the case of an Intelligence Senior Level position,
the maximum rate provided in section 5382 of title 5; and
``(3) in the case of any other position, the maximum rate
provided in section 5306(e) of 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 of Defense may employ individuals described by section
5342(a)(2)(A) of that title.
``Sec. 1603. Additional compensation, incentives, and allowances
``(a) Additional Compensation Based on Title 5 Authorities.--The
Secretary of Defense may provide employees in defense intelligence
positions 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.
``(b) Allowances Based on Living Costs and Environment.--(1) In
addition to basic pay, employees in defense intelligence positions who
are citizens or nationals of the United States and are stationed
outside the continental United States or in Alaska may be paid an
allowance, in accordance with regulations prescribed by the Secretary
of Defense, while they are so stationed.
``(2) An allowance under this subsection 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 the factors specified in subparagraphs (A) and
(B).
``(3) An allowance under this subsection may not exceed the allowance
authorized to be paid by section 5941(a) of title 5 for employees whose
rates of basic pay are fixed by statute.''.
(b) Matters Other Than Pay and Benefits.--Such chapter is further
amended by inserting after section 1605 the following new sections:
``Sec. 1606. Defense Intelligence Senior Executive Service
``(a) Establishment.--The Secretary of Defense may establish a
Defense Intelligence Senior Executive Service for defense intelligence
positions established pursuant to section 1601(a) of this title that
are equivalent to Senior Executive Service positions. The number of
positions in the Defense Intelligence Senior Executive Service may not
exceed the number of Defense Intelligence Senior Executive Service
positions established as of January 1, 1996.
``(b) Regulations Consistent With Title 5 Provisions.--The Secretary
of Defense shall prescribe regulations for the Defense Intelligence
Senior Executive Service which are consistent with the requirements set
forth in sections 3131, 3132(a)(2), 3393a, 3396(c), 3592, 3595(a),
5384, and 6304 of title 5, subsections (a), (b), and (c) of section
7543 of such title (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 those regulations), and subchapter II of
chapter 43 of such title. To the extent that the Secretary determines
it practicable to apply to members of, or applicants for, the Defense
Intelligence Senior Executive Service other provisions of title 5 that
apply to members of, or applicants for, the Senior Executive Service,
the Secretary shall also prescribe regulations to implement those
provisions with respect to the Defense Intelligence Senior Executive
Service.
``(c) Award of Rank to Members of the Defense 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 Defense Intelligence Senior Executive
Service. The award of such rank shall be made in a manner consistent
with the provisions of that section.
``Sec. 1607. Intelligence Senior Level positions
``(a) Designation of Positions.--The Secretary of Defense may
designate as an Intelligence Senior Level position any defense
intelligence position that, as determined by the Secretary--
``(1) is classifiable above grade GS-15 of the General
Schedule;
``(2) does not satisfy functional or program management
criteria for being designated a Defense Intelligence Senior
Executive Service position; and
``(3) has no more than minimal supervisory responsibilities.
``(b) Regulations.--Subsection (a) shall be carried out in accordance
with regulations prescribed by the Secretary of Defense.
``Sec. 1608. Time-limited appointments
``(a) Authority for Time-Limited Appointments.--The Secretary of
Defense may by regulation authorize appointing officials to make time-
limited appointments to defense intelligence positions specified in the
regulations.
``(b) Review of Use of Authority.--The Secretary of Defense shall
review each time-limited appointment in a defense intelligence position
at the end of the first year of the period of the appointment and
determine whether the appointment should be continued for the remainder
of the period. The continuation of a time-limited appointment after the
first year shall be subject to the approval of the Secretary.
``(c) Condition on Permanent Appointment to Defense Intelligence
Senior Executive Service.--An employee serving in a defense
intelligence position pursuant to a time-limited appointment is not
eligible for a permanent appointment to a Defense Intelligence Senior
Executive Service position (including a position in which the employee
is serving) unless the employee is selected for the permanent
appointment on a competitive basis.
``(d) Time-Limited Appointment Defined.--In this section, the term
`time-limited appointment' means an appointment (subject to the
condition in subsection (b)) for a period not to exceed two years.
``Sec. 1609. Termination of defense intelligence employees
``(a) Termination Authority.--Notwithstanding any other provision of
law, the Secretary of Defense may terminate the employment of any
employee in a defense intelligence position if the Secretary--
``(1) considers that action to be in the interests of the
United States; and
``(2) 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.
``(b) Finality.--A decision by the Secretary of Defense to terminate
the employment of an employee under this section is final and may not
be appealed or reviewed outside the Department of Defense.
``(c) Notification to Congressional Committees.--Whenever the
Secretary of Defense terminates the employment of an employee under the
authority of this section, the Secretary shall promptly notify the
congressional oversight committees of such termination.
``(d) Preservation of Right To Seek Other Employment.--Any
termination of employment under this section does 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.
``(e) Limitation on Delegation.--The authority of the Secretary of
Defense under this section may be delegated only to the Deputy
Secretary of Defense, the head of an intelligence component of the
Department of Defense (with respect to employees of that component), or
the Secretary of a military department (with respect to employees of
that department). An action to terminate employment of such an employee
by any such official may be appealed to the Secretary of Defense.
``Sec. 1610. Reductions and other adjustments in force
``(a) In General.--The Secretary of Defense shall prescribe
regulations for the separation of employees in defense intelligence
positions, including members of the Defense Intelligence Senior
Executive Service and employees in Intelligence Senior Level positions,
during a reduction in force or other adjustment in force. The
regulations shall apply to such a reduction in force or other
adjustment in force notwithstanding sections 3501(b) and 3502 of title
5.
``(b) Matters To Be Given Effect.--The regulations shall give effect
to the following:
``(1) Tenure of employment.
``(2) Military preference, subject to sections 3501(a)(3) and
3502(b) of title 5.
``(3) The veteran's preference under section 3502(b) of title
5.
``(4) Performance.
``(5) Length of service computed in accordance with the
second sentence of section 3502(a) of title 5.
``(c) Regulations Relating to Defense Intelligence SES.--The
regulations relating to removal from the Defense Intelligence Senior
Executive Service in a reduction in force or other adjustment in force
shall be consistent with section 3595(a) of title 5.
``(d) Right of Appeal.--(1) The regulations shall provide a right of
appeal regarding a personnel action under the regulations. The appeal
shall be determined within the Department of Defense. An appeal
determined at the highest level provided in the regulations shall be
final and not subject to review outside the Department of Defense. A
personnel action covered by the regulations is not subject to any other
provision of law that provides appellate rights or procedures.
``(2) Notwithstanding paragraph (1), a preference eligible referred
to in section 7511(a)(1)(B) of title 5 may elect to have an appeal of a
personnel action taken against the preference eligible under the
regulation determined by the Merit Systems Protection Board instead of
having the appeal determined within the Department of Defense. Section
7701 of title 5 shall apply to any such appeal to the Merit Systems
Protection Board.
``(e) Consultation With OPM.--Regulations under this section shall be
prescribed in consultation with the Director of the Office of Personnel
Management.''.
(c) Transfer of Section 1599.--Subtitle A of title 10, United States
Code, is amended by transferring section 1599 to chapter 83 of such
title, inserting such section after section 1610 (as added by
subsection (b)), redesignating such section as section 1611, and in
subsection (f) striking out ``means'' and all that follows and
inserting in lieu thereof ``includes the National Reconnaissance Office
and any intelligence component of a military department.''.
(d) Additional Provisions.--Such chapter is further amended by
inserting after section 1611 (as so transferred and redesignated) the
following new sections:
``Sec. 1612. Merit system principles and civil service protections:
applicability
``(a) Applicability of Merit System Principles.--Section 2301 of
title 5 shall apply to the exercise of authority under this subchapter
(other than sections 1605 and 1611).
``(b) Civil Service Protections.--(1) If, in the case of a position
established under authority other than section 1601(a)(1) of this title
that is reestablished as an excepted service position under that
section, the provisions of law referred to in paragraph (2) applied to
the person serving in that position immediately before the position is
so reestablished and such provisions of law would not otherwise apply
to the person while serving in the position as so reestablished, then
such provisions of law shall continue to apply to the person with
respect to service in that position for as long as the person continues
to serve in the position without a break in service.
``(2) The provisions of law referred to in paragraph (1) are the
following provisions of title 5:
``(A) Section 2302, relating to prohibited personnel
practices.
``(B) Chapter 75, relating to adverse actions, unless, in the
case of any individual employee, that employee elects to have
an appeal determined within the Department of Defense.
``Sec. 1613. Miscellaneous provisions
``(a) Collective Bargaining Agreements.--Nothing in sections 1601
through 1604 and 1606 through 1610 may be construed to impair the
continued effectiveness of a collective bargaining agreement with
respect to an agency or office that is a successor to an agency or
office covered by the agreement before the succession.
``(b) Notice to Congress of Regulations.--The Secretary of Defense
shall notify Congress of any regulations prescribed to carry out this
subchapter (other than sections 1605 and 1611). Such notice shall be
provided by submitting a copy of the regulations to the congressional
oversight committees not less than 60 days before such regulations take
effect.
``Sec. 1614. Definitions
``In this subchapter:
``(1) The term `defense intelligence position' means a
civilian position as an intelligence officer or intelligence
employee of an intelligence component of the Department of
Defense or of a military department.
``(2) The term `intelligence component of the Department of
Defense' means any of the following:
``(A) The National Security Agency.
``(B) The Defense Intelligence Agency.
``(C) The National Imagery and Mapping Agency.
``(D) Any other component of the Department of
Defense that performs intelligence functions and is
designated by the Secretary of Defense as an
intelligence component of the Department of Defense.
``(E) Any successor to a component specified in, or
designated pursuant to, this paragraph.
``(3) The term `congressional oversight committees' means--
``(A) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
``(B) the Committee on National Security and the
Permanent Select Committee on Intelligence of the House
of Representatives.
``(4) The term `excepted service' has the meaning given such
term in section 2103 of title 5.
``(5) The term `preference eligible' has the meaning given
such term in section 2108(3) of title 5.
``(6) The term `Senior Executive Service position' has the
meaning given such term in section 3132(a)(2) of title 5.
``(7) The term `collective bargaining agreement' has the
meaning given such term in section 7103(8) of title 5.''.
(e) Designation of New Subchapter II.--Chapter 83 of such title is
further amended by inserting after section 1614 (as added by subsection
(d)) the following:
``SUBCHAPTER II--DEFENSE INTELLIGENCE AGENCY PERSONNEL
``Sec.
``1621. Defense Intelligence Agency merit pay system.
``1622. Uniform allowance: civilian employees.
``1623. Financial assistance to certain employees in acquisition of
critical skills.''.
SEC. 482. REPEAL OF SUPERSEDED SECTIONS AND CLERICAL AND CONFORMING
AMENDMENTS.
(a) Repeal of Separate Military Department Authorities.--Section 1590
of title 10, United States Code, is repealed.
(b) Repeal of Separate National Security Agency Authorities.--The
following provisions of law are repealed:
(1) Sections 2 and 4 of the National Security Agency Act of
1959 (50 U.S.C. 402 note).
(2) Section 303 of the Internal Security Act of 1950 (50
U.S.C. 833).
(c) Clerical Amendments.--Title 10, United States Code, is amended as
follows:
(1) The heading for section 1605 is amended to read as
follows:
``Sec. 1605. Benefits for certain employees assigned outside the United
States''.
(2) The table of sections at the beginning of chapter 81 is
amended by striking out the items relating to sections 1590 and
1599.
(3) The tables of chapters at the beginning of subtitle A,
and at the beginning of part II of subtitle A, are amended by
striking out the item relating to chapter 83 and inserting in
lieu thereof the following:
``83. Civilian Defense Intelligence Employees............... 1601''.
(d) Conforming Amendment.--Section 1621 of such title, as transferred
and redesignated by section 481(a)(1), is amended by striking out ``and
Central Imagery Office''.
(e) Cross Reference Amendments.--Chapter 81 of title 10, United
States Code, is amended as follows:
(1) Section 1593(a)(3) is amended by striking out ``section
1606'' and inserting in lieu thereof ``section 1622''.
(2) Section 1596(c) is amended by striking out ``section
1604(b)'' and inserting in lieu thereof ``section 1602''.
SEC. 483. OTHER PERSONNEL MANAGEMENT AUTHORITIES.
(a) Applicability of Federal Labor-Management Relations System.--
Section 7103(a)(3) of title 5, United States Code is amended--
(1) by inserting ``or'' at the end of subparagraph (F);
(2) by striking out ``; or'' at the end of subparagraph (G)
and inserting in lieu thereof a period; and
(3) by striking out subparagraph (H).
(b) Applicability of Authority and Procedures for Imposing Certain
Adverse Actions.--Section 7511(b)(8) of such title is amended by
striking out ``the National Security Agency'' and all that follows
through ``title 10'' and inserting in lieu thereof ``an intelligence
component of the Department of Defense (as defined in section 1614 of
title 10), or an intelligence activity of a military department covered
under subchapter I of chapter 83 of title 10''.
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. 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.''.
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. 104. 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.
Purpose and Summary
H.R. 3237, the Intelligence Community Act, would make broad
structural and organizational reforms to the national
intelligence community.
Legislative History
H.R. 3237 was introduced on April 15, 1996 and was
referred to the Permanent Select Committee on Intelligence and
to the Committee on National Security. On June 13, 1996, the
Permanent Select Committee on Intelligence agreed to an
amendment in the nature of a substitute to H.R. 3237 and
ordered the bill, as amended, favorably reported by a vote of 6
to 3.
On July 11, 1996, the Committee on National Security held a
hearing to consider H.R. 3237. Testimony was received from:
Honorable John P. White, Deputy Secretary of Defense;
Lieutenant General Paul Van Riper, Commanding General of the
Combat Development Command, U.S. Marine Corps; Major General
Edward Anderson, Assistant Deputy Chief of Staff for Operations
and Plans, U.S. Army; Major General Bobby O. Floyd, Director of
Forces, Office of the Deputy Chief of Staff for Plans and
Operations, U.S. Air Force; and Rear Admiral John Luecke,
Assistant Deputy Chief of Naval Operations, U.S. Navy.
On July 17, 1996, the Committee on National Security met
to consider H.R. 3237. The committee agreed to an amendment in
the nature of a substitute and ordered the bill, as amended,
reported favorably to the House by unanimous voice vote.
Explanation of the Committee Amendment
The committee adopted an amendment in the nature of a
substitute during the consideration of H.R. 3237. The remainder
of the report discusses the bill, as amended by the amendment
in the nature of a substitute.
purpose
The United States continues to need a strong, highly
capable and increasingly flexible intelligence community. This
need has not diminished since the end of the Cold War. Indeed,
the current international situation is, in many ways, more
complex and more difficult to manage than was the relatively
stable, bi-polar Cold War. This changed security environment
has particularly impacted on the military with a dramatic
increase in participation in peacekeeping and humanitarian
missions. Thus, the demands for military and non military
intelligence remain significant and may likely increase. While
the focus of national security challenges has changed, the
mission of the intelligence community has not: to ensure that
the United States does not suffer a crippling, strategic
surprise; to provide timely intelligence to civil and military
policy-makers that may provide the basis for sound decision
making; to support military operations; and, to carry out
certain non-traditional intelligence operations in accordance
with laws and as tasked by legally responsible officials.
The changed international scene may require, and improving
technologies offer opportunities for, revolutionary advances in
technical intelligence. Significant advances in technical
intelligence and overall efficiency may also be promoted
through reorganization of the intelligence community.
However, the intelligence community in its present form
was a major contributor to the favorable end of the Cold War
and generally continues to serve the nation well. The mission
and structure of the intelligence community is complex, and its
wholesale transformation, however well planned, runs the risk
of inadvertent disruption or damage to U.S. intelligence
capabilities through unforeseen consequences. Moreover, sudden
comprehensive restructuring of the intelligence community in
the face of an unpredictable international environment could,
if a crisis arises while the intelligence community is
undergoing upheaval, put at risk U.S. national security.
Therefore, the committee believes that incremental change of
the intelligence community is the more prudent course toward
realizing the potential technological benefits and improved
efficiencies that may derive from reorganization, without
compromising national security.
Accordingly, this bill, as amended, provides for a number
of changes in the intelligence community that move toward the
promising revolution in technical intelligence and greater
efficiencies that may be realized from a more far reaching
reorganization. Specifically, this bill, as amended by the
committee, establishes a National Imagery and Mapping Agency
(NIMA), creates a second Deputy Director of Central
Intelligence (DDCI), promotes increased cooperation between the
Defense Human Intelligence Service (DHS) and the Directorate of
Operations (DO) of the Central Intelligence Agency, requires
the Director of Central Intelligence and the Secretary of
Defense to report on the advisability of establishing a
Director of Military Intelligence, consolidates and streamlines
intelligence personnel authorities, and appropriately
recodifies and restructures the National Security Act of 1947.
authority of the director of central intelligence
The bill, as amended, would retain the current balance of
authorities and responsibility between the Director of Central
Intelligence (DCI) and the Secretary of Defense over national
intelligence components of the Department of Defense. While the
committee acknowledges the argument that the present
distribution of authority over intelligence community assets is
complex and fragmented, it is not convinced that the solution
rests with removing management, budgetary and programmatic
execution responsibilities from the Secretary of Defense. To
the extent that many of the national intelligence organizations
remain integral elements of the Department of Defense with a
clear combat support mission and responsibility, the committee
continues to believe that statutory authorities should remain
clearly and unambiguously vested with the Secretary of Defense.
national imagery and mapping agency
The National Imagery and Mapping Agency (NIMA) would
combine most imagery intelligence management and analysis
functions into one consolidated Department of Defense agency.
NIMA would subsume the Defense Mapping Agency (DMA), the
Central Imagery Office (CIO), the CIA National Photographic
Interpretation Center (NPIC), portions of the National
Reconnaissance Office (NRO), portions of the Defense
Intelligence Agency (DIA) and other minor components. The
committee believes that it is essential to establish NIMA as a
defense Combat Support Agency because, in taking over the
Defense Mapping Agency, NIMA would control the Department of
Defense's entire cartography capability, which is indispensable
to military operations and mission success. However, a
permanent Customer Advisory Board would ensure that NIMA is
responsive to the needs of all intelligence consumers.
The objective in establishing NIMA is to fuse imagery and
digital mapping technologies to provide promptly databases on
terrain and targets for U.S. forces wherever they may deploy.
Current U.S. capabilities to provide such intelligence are
limited. By furthering the ``digitization'' of future potential
battlefields, NIMA would create a new technical capability that
would improve U.S. warfighting capabilities at every level,
from precision-guided munitions to a rifle platoon on patrol.
Moreover, the synergistic effects of merging imagery and
mapping technologies promises to multiply U.S. reconnaissance
capabilities against a host of intelligence problems, including
arms control verification, countering denial and deception
activities, and monitoring relocatable targets.
NIMA may also serve as the first in a series of
evolutionary steps toward consolidation or increased
coordination of intelligence disciplines. NIMA would provide a
basis for further evaluation of the concept of combining
mapping, imagery, signals intelligence (SIGINT), and
measurement and signatures intelligence (MASINT) into a single
technical collection agency or similar organization.
NIMA would also consolidate and streamline management for
the production of imagery intelligence. NIMA would attempt to
compensate for the shrinking workforce of imagery analysts by
eliminating redundancy among several imagery organizations,
better coordinating the efforts of scarce manpower, better
prioritizing targets, and other efficiencies. Consolidating
analysts in a single organization dedicated to imagery would
create an opportunity to provide special training to improve
the professional standards of all imagery analysts. Central
management of imagery resources through NIMA would therefore
facilitate the introduction of common architectures and
improved management of emerging technologies to support the
imagery mission.
new deputy director of central intelligence
The bill, as amended by the Committee on National Security,
would establish a second Deputy Director of Central
Intelligence to support the Director of Central Intelligence,
consistent with the existing authorities of the DCI for
community-wide management. The Deputy Director of Central
Intelligence for Community Management would be established to
provide coordination for community-wide activities, such as
identifying and reviewing intelligence gaps and shortfalls. The
DDCI for Community Management would direct the operations of
the Community Management Staff and coordinate community-wide
resources, requirements, and research and development.
director of military intelligence
The bill, as amended by the Committee on National Security,
would direct the Secretary of Defense to submit a report on the
day-to-day coordination role of the intelligence activities of
the military intelligence community performed by the Director
of the Defense Intelligence Agency, as chairman of the Military
Intelligence Board. The report would address the feasibility of
formally establishing the Director of the Defense Intelligence
Agency as the Director of Military Intelligence.
Establishing a Director of Military Intelligence holds the
potential for improving coordination within the defense
intelligence community and with the larger intelligence
community. However, the consolidation of these responsibilities
in a position which would be filled by a military officer
raises legitimate and important questions about maintaining an
appropriate level of civilian oversight over this critical
intelligence function. Therefore, the committee-reported bill
recommends deletion of the provision establishing a Director of
Military Intelligence.
dhs and cia coordination
The Defense Human Intelligence Service (DHS) of the Defense
Intelligence Agency was recently established to consolidate the
human intelligence (HUMINT) activities of the several military
services into a single organization. The objective of DHS
differs significantly from that of its counterpart in the
Directorate of Operations in the CIA. DHS operations primarily
support military operations and theater commanders, while CIA
operations are oriented toward collection of national
intelligence. Moreover, only a small fraction of DHS operations
involve covert collection. Military officers serving in DHS
must weigh the benefits of a covert operation against the risks
to U.S. military-to-military relations with foreign
governments. DHS and CIA missions are complementary, not
redundant. Nonetheless, DHS and CIA may both benefit from
closer coordination.
The bill, as amended by the Committee on National Security,
would direct the Director of Central Intelligence and the
Deputy Secretary of Defense to jointly prepare a report on the
progress of ongoing efforts by DHS and CIA to improve
coordination and, where practicable, consolidate the collection
of clandestine intelligence from human sources. The report
would be submitted to the Committee on Armed Services and the
Select Committee on Intelligence of the Senate and the
Committee on National Security and the Permanent Select
Committee on Intelligence of the House of Representatives.
intelligence personnel reform
The bill, as amended, would provide the foundation for
common personnel practices and standards across the
intelligence community. The adoption of common career
development objectives, performance rating systems, and other
personnel programs will ease the mobility between the
components of the Intelligence Community and result in a new
capability to respond to shifts in consumer needs in a
demanding and dynamic national security environment. The bill
would also fully integrate the National Imagery and Mapping
Agency (NIMA) into the personnel management structure common to
all components of the Defense Intelligence Community and would
provide the unique personnel authorities required to make the
implementation of NIMA a success.
panel on the future of intelligence collection
The bill, as amended by the Committee on National Security,
would authorize the Director of Central Intelligence (DCI) and
the Secretary of Defense to jointly conduct a study, to be
performed by a panel selected by the DCI and Secretary of
Defense, on the future of intelligence collection. In
particular, the study would review and evaluate the
implementation and effectiveness of the NIMA and possible
synergistic benefits of future consolidation of other
collection activities, particularly signals intelligence
(SIGINT) and measurement and signatures intelligence (MASINT).
The study would also evaluate the possible benefits that may
derive from consolidating the development, testing, and
procurement of reconnaissance systems for imagery, SIGINT, and
MASINT required by the Intelligence Community.
The panel would submit their report no later than April 15,
1997 to the DCI and Secretary of Defense, who would forward the
report to the President, the congressional intelligence
committees, the Committee on Armed Services of the Senate, and
the Committee on National Security of the House of
Representatives.
Departmental Data
The Committee on National Security received correspondence
from the Department of Defense concerning H.R. 3237:
Deputy Secretary of Defense,
Washington, DC, May 31, 1996.
Hon. Floyd D. Spence,
Chairman, Committee on National Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: On May 29, John Deutch and I appeared
before House Permanent Select Committee on Intelligence (HPSCI)
in an informal session to discuss the intelligence community
reform IC-21 proposal. While I regard the discussion helpful,
there remain several issues regarding the IC-21 Substitute bill
that give the Department of Defense serious concern.
First, in accordance with the Administration's proposal for
intelligence reform, the Department will be unable to support
any bill that does not include the establishment of the
National Imagery and Mapping Agency (NIMA) as a combat support
agency in Title 10, USC.
Second, the Department strongly rejects the bill's
provision that provides the DCI the authority to unilaterally
transfer National Foreign Intelligence Program (NFIP) funds in
Defense accounts without the agreement of the Department.
Defense cannot afford to find itself, after-the-fact, in the
position of having Defense-appropriated dollars used for what
Defense deems less important Defense initiatives or non-Defense
requirements.
Third, the Department strongly objects to the proposal to
transfer any Defense Human-Source Intelligence (HUMINT) Service
(DHS) responsibilities, activities, or resources to the Central
Intelligence Agency. The Department's conduct of HUMINT
activities is mission-essential and the Secretary's oversight
of the activities cannot be abrogated. Further, a phased plan
concerning DHS has been agreed upon between the DCI and me, and
no additional legislation is required.
It is the Department's position that, at a minimum, these
three issues must be resolved in order to move the IC-21
Substitute forward. Without these corrections, the Department
will not support any reform proposal. Additionally, I am
providing the attached assessment of each of the provisions of
the IC-21 Substitute that affect Defense. I also have provided
this assessment to HPSCI Chairman Combest as an outcome of the
May 29 discussion.
Mr. Chairman, as the HNSC begins its deliberations on this
subject, I look forward to working with you to achieve sound
and workable intelligence community reforms. A courtesy copy of
this letter has been provided to Rep. Dellums.
Sincerely,
John White.
Attachment.
Subject: Defense positions on IC-21 and other intelligence reform
issues.
Intelligence is critical to the success of military
operations and the Department has been consistent throughout
the development of the Administration's intelligence reform
package and during subsequent reviews of other intelligence
reform proposals to ensure that every change and every
recommendation for change could be tied directly to improving
the quality and timeliness of intelligence to the fighting
forces.
NIMA: The Secretary and the Chairman, Joint Chiefs of
Staff, worked with the DCI on a legislative proposal for the
National Imagery and Mapping Agency, using concern for the
warfighter as DoD's single most important qualifier for how
NIMA would be structured. With the Department's entire mapping
capability rolled up into NIMA--a capability without which
there can be no successful planning for military operations or
guarantee of mission success--it is essential that NIMA emerge
as a combat support agency in legislation. That is not to say
that there are not other, extremely significant customers of a
NIMA, and those customers have been recognized and accommodated
in the legislative proposal. The preeminent concern in the
proposal to establish NIMA, however, was to ensure we meet the
needs of the most demanding and challenging customer--the
warfighter.
DCI Unilateral Transfer Authority of NFIP Funds: The
Department does not agree that the DCI should be allowed to
transfer (or reprogram) up to five percent of NFIP funds in any
year. DoD coordinates with the DCI on any proposed execution-
year change in NFIP resources within Defense accounts. The
Department must insist upon the same consideration from the
DCI. Defense cannot afford to find itself, after-the-fact, in
the position of having Defense-appropriated dollars used for
what Defense deems less important Defense initiatives or non-
Defense requirements.
DoD Clandestine HUMINT: In response to a Brown Commission
recommendation, as well as proposals from the HPSCI and the
SSCI, the Department and the DCI have agreed to changes in
Defense HUMINT Service clandestine activities that respond to
congressional concerns, while at the same time ensuring that
Defense has not abrogated its responsibilities to conduct and
oversee clandestine Departmental activities. The Department and
the DCI can report back to the Committees on the implementation
of those changes, as required. The Department does not support
IC-21 proposed changes to the Defense HUMINT Service.
Personnel Reform: The Department forwarded to Congress a
legislative package that reforms DoD intelligence personnel
management. The Department also worked hard with the DCI to
identify improvements to Intelligence Community wide personnel
management and practices. The HPSCI has included this
initiative in its intelligence reform package.
Establishment of the Director of Military Intelligence
(DMI) and Military Intelligence Board (MIB):The Department
appreciates the important role that the Director of the Defense
Intelligence Age performs as Chairman of the MIB to coordinate
the day-to-day intelligence activities of the military
intelligence community. However, Defense does not agree that
there is a requirement to legislate the DMI position or the
MIB.
IC-21 Substitute Proposal for a Collection Study: The
Department recognizes that the HPSCI has not supported
establishment of NIMA this year. DoD appreciates the fact that
the original IC-21 proposal regarding the establishment of what
the Department considers to be an extremely disruptive
consolidation of all technical collection into one organization
was modified to require a study of collection organizations in
the IC-21 Substitute. Provided the Department participates in
the development and conduct of such a study, there may be
potential improvements in the way collection programs are
managed and resourced beyond those programmatic process
improvements already implemented by the Department and the DCI.
However, DoD only supports a collection study provided the
Administration's proposed legislation is passed. Further, the
Department cannot support any legislative proposal on
intelligence reform that does not include establishment this
year of NIMA as a combat support agency in Title 10.
Intelligence Community Inspector General Forum: IC-21
Substitute reflects agreement with a DOD Inspector General
proposal to use the Inspector General Forum to look at issues
across the Intelligence Community without impinging on the need
for the DoD Inspector General to look at Defense intelligence
issues within a Departmental context. However, the Department
does not support the IC-21 proposal to establish this Forum in
statute. DCI Consultation on Defense Appointments: Since IC-21
Substitute changed the requirement for the DCI to concur in
Defense appointments, the Department concurs in the IC-21
Substitute provision that requires the Secretary to consult
with the DCI prior to selection of the Directors of the
National Reconnaissance Office and the National Security
Agency.
Establishment of the Deputy Director of Central
intelligence f or Community Management: Such a Deputy Director
could play an important role to provide direction for
community-wide activities and to identify and review
intelligence gaps and shortfalls, but it is essential that the
clear lines of command and control from the Secretary of
Defense to DoD intelligence activities and organizations remain
unclouded.
Establishment of a DCI Infrastructure Support Office:
Whether DoD could support establishment of such an office
depends on the conduct of a thorough review of the functions
proposed for consolidation and the identification of clear
advantages, such as substantial resource savings or process
improvements.
Committee Position
On July 17, 1996, the Committee on National Security, a
quorum being present, approved H.R. 3237, as amended by a
unanimous voice vote.
Fiscal Data
Pursuant to clause 7 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(l)(3)(C) of House Rule XI.
CONGRESSIONAL BUDGET OFFICE ESTIMATE
In compliance with clause 2(l)(3)(C) of rule XI of the
Rules of the House of Representatives, the cost estimate
prepared by the Congressional Budget Office and submitted
pursuant to section 403(a) of the Congressional Budget Act of
1974 is as follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 22, 1996.
Hon. Floyd D. Spence,
Chairman, Committee on National Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed H.R. 3237, the Intelligence Community Act, as ordered
reported by the House Committee on National Security (HNSC) on
July 17, 1996. H.R. 3237 would reorganize elements of the
intelligence community, require further studies on organization
and consolidation, and define the responsibilities of various
federal agencies for intelligence functions.
CBO estimates that H.R. 3237 would not have a significant
budgetary impact. On May 28, 1996, CBO prepared an estimate for
H.R. 3237 as ordered reported by the House Permanent Select
Committee on Intelligence; the HNSC amendments would remove
provisions from the earlier bill that would have a measurable
cost.
H.R. 3237 would not affect direct spending or revenues and
thus would not be subject to pay-as-you-go procedures under
section 252 of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Section 4 of the Unfunded Mandates Reform Act of 1995
(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 that exclusion.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeannette Van
Winkle.
Sincerely,
June E. O'Neill, Director.
COMMITTEE COST ESTIMATE
Pursuant to clause 7(a) of rule XIII of the Rules of the
House of Representatives, the committee generally concurs with
the estimate as contained in the report of the Congressional
Budget Office.
INFLATION IMPACT STATEMENT
Pursuant to clause 2(l)(4) of rule XI of the Rules of the
House of Representatives, the committee concludes that the bill
would have no significant inflationary impact.
Oversight Findings
With respect to clause 2(l)(3)(A) of rule XI of the Rules
of the House of Representatives, this legislation results from
hearings and other oversight activities conducted by the
committee pursuant to clause 2(b)(1) of rule X.
With respect to clause 2(l)(3)(B) of rule XI of the Rules
of the House of Representatives and section 308(a)(1) of the
Congressional Budget Act of 1974, this legislation does not
include any new spending or credit authority, nor does it
provide for any increase or decrease in tax revenues or
expenditures. The fiscal features of this legislation are
addressed in the estimate prepared by the Director of the
Congressional Budget Office under section 403 of the
Congressional Budget Act of 1974.
With respect to clause 2(l)(3)(D) of rule XI of the Rules
of the House of Representatives, the committee has not received
a report from the Committee on Government Reform and Oversight
pertaining to the subject matter of H.R. 3237.
Statement of Federal Mandates
Pursuant to section 423 of Public Law 104-4, this
legislation contains no federal mandates with respect to state,
local, and tribal governments, nor with respect to the private
sector. Similarly, the bill provides no federal
intergovernmental mandates.
Rollcall Votes
In accordance with clause 2(l)(2)(B) of rule XI of the
Rules of the House of Representatives, only voice votes were
taken with respect to the committee's consideration of H.R.
3237. The committee ordered H.R. 3237 reported to the House
with a favorable recommendation by a unanimous voice vote, a
quorum being present.
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
* * * * * * *
Miscellaneous Studies and Reports.............................451]
National Imagery and Mapping Agency............................441
Miscellaneous Studies and Reports..............................471
PART II--PERSONNEL
* * * * * * *
Defense Intelligence Agency and Central Imagery Office Civilian 3.
Personnel..................................................1601]
Civilian Defense Intelligence Employees.......................1601
* * * * * * *
PART IV--SERVICE, SUPPLY, AND PROCUREMENT
* * * * * * *
Defense Mapping Agency.......................................2791]
* * * * * * *
PART I--ORGANIZATION AND GENERAL MILITARY POWERS
Chap. Sec.
Definitions....................................................101
* * * * * * *
Miscellaneous Studies and Reports.............................451]
National Imagery and Mapping Agency............................441
Miscellaneous Studies and Reports..............................471
* * * * * * *
PART II--PERSONNEL
* * * * * * *
Defense Intelligence Agency and Central Imagery Office Civilian 3.
Personnel..................................................1601]
Civilian Defense Intelligence Employees.......................1601
* * * * * * *
CHAPTER 8--DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD ACTIVITIES
* * * * * * *
SUBCHAPTER I--COMMON SUPPLY AND SERVICE ACTIVITIES
* * * * * * *
Sec. 193. Combat support agencies: oversight
(a) * * *
* * * * * * *
(d) [Review of National Security Agency.--] Review of
National Security Agency and National Imagery and Mapping
Agency.--(1) Subsections (a), (b), and (c) shall apply to the
National Security Agency and the National Imagery and Mapping
Agency, but only with respect to combat support functions [the
Agency] that the agencies performs for the Department of
Defense.
(2) The Secretary, after consulting with the Director of
Central Intelligence, shall establish policies and procedures
with respect to the application of subsections (a), (b), and
(c) to the National Security Agency and the National Imagery
and Mapping Agency.
(e) Combat Support Capabilities of [DIA and NSA] DIA, NSA,
and NIMA.--The Secretary of Defense, in consultation with the
Director of Central Intelligence, shall develop and implement,
as they may determine to be necessary, policies and programs to
correct such deficiencies as the Chairman of the Joint Chiefs
of Staff and other officials of the Department of Defense may
identify in the capabilities of the Defense Intelligence Agency
[and the National Security Agency], the National Security
Agency, and the National Imagery and Mapping Agency to
accomplish assigned missions in support of military combat
operations.
(f) Definition of Combat Support Agency.--In this section,
the term ``combat support agency'' means any of the following
Defense Agencies:
(1) * * *
* * * * * * *
[(4) The Defense Mapping Agency.]
(4) The National Imagery and Mapping Agency.
* * * * * * *
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
Before submitting a recommendation to the President regarding
the appointment of an individual to the position of Director of
the National Security Agency, Director of the Defense
Intelligence Agency, Director of the National Reconnaissance
Office, or Director of the National Imagery and Mapping Agency,
the Secretary of Defense shall consult with the Director of
Central Intelligence regarding the recommendation.
* * * * * * *
CHAPTER 22--NATIONAL IMAGERY AND MAPPING AGENCY
Subchapter Sec.
I. Missions and Authority......................................... 441
II. Maps, Charts, and Geodetic Products........................... 451
III. Personnel Management......................................... 461
IV. Definitions................................................... 467
SUBCHAPTER I--MISSIONS AND AUTHORITY
Sec.
441. Establishment.
442. Missions.
443. Imagery intelligence and geospatial information: support for
foreign countries
444. Support from Central Intelligence Agency.
445. Protection of agency identifications and organizational
information.
Sec. 441. Establishment
(a) Establishment.--The National Imagery and Mapping Agency
is a combat support agency of the Department of Defense and has
significant national missions.
(b) Director.--(1) The Director of the National Imagery and
Mapping Agency is the head of the agency. The Director carries
out the Director's functions subject to the authority,
direction, and control of the Secretary of Defense.
(2) If an officer of the armed forces on active duty is
appointed to the position of Director, the position shall be
treated as having been designated by the President as a
position of importance and responsibility for purposes of
section 601 of this title and shall carry the grade of
lieutenant general, or, in the case of an officer of the Navy,
vice admiral.
(c) Director of Central Intelligence Collection Tasking
Authority.--Unless otherwise directed by the President, the
Director of Central Intelligence may (except as otherwise
agreed by the Director and the Secretary of Defense)--
(1) approve collection requirements levied on
national imagery collection assets;
(2) determine priorities for such requirements; and
(3) resolve conflicts in such priorities.
Sec. 442. Missions
(a) National Security Missions.--(1) The Director of the
National Imagery and Mapping Agency shall, in support of the
national security objectives of the United States, provide the
following:
(A) Imagery.
(B) Imagery intelligence.
(C) Geospatial information.
(2) In carrying out paragraph (1), the Director shall ensure
that the information and intelligence provided is timely,
relevant, and accurate.
(b) Navigation Information.--The Director of the National
Imagery and Mapping Agency shall improve means of navigating
vessels of the Navy and the merchant marine by providing, under
the authority of the Secretary of Defense, accurate and
inexpensive nautical charts, sailing directions, books on
navigation, and manuals of instructions for the use of all
vessels of the United States and of navigators generally.
(c) Maps, Charts, Etc.--The Director of the National Imagery
and Mapping Agency shall prepare and distribute maps, charts,
books, and geodetic products as authorized under subchapter II
of this chapter.
(d) National Missions.--The National Imagery and Mapping
Agency also has national missions as specified in section
120(a) of the National Security Act of 1947.
(e) Systems.--The Director of the Agency may, in furtherance
of a mission of the Agency, design, develop, deploy, operate,
and maintain systems related to the processing and
dissemination of imagery intelligence and geospatial
information that may be transferred to, accepted or used by, or
used on behalf of--
(1) the armed forces, including any combatant
command, component of a combatant command, joint task
force, or tactical unit; or
(2) any other department or agency of the United
States.
Sec. 443. Imagery intelligence and geospatial information: support for
foreign countries
(a) Use of Appropriated Funds.--The Director of the National
Imagery and Mapping Agency may use appropriated funds available
to that Agency to provide foreign countries with imagery
intelligence and geospatial information support.
(b) Funds Other Than Appropriated Funds.--The Director may
use funds other than appropriated funds to provide foreign
countries with imagery intelligence and geospatial information
support, notwithstanding provisions of law relating to the
expenditure of funds of the United States, except that--
(1) no such funds may be expended, in whole or in
part, by or for the benefit of the National Imagery and
Mapping Agency for a purpose for which Congress had
previously denied funds.
(2) proceeds from the sale of imagery intelligence or
geospatial information items may be used only to
purchase replacement items similar to the items that
are sold; and
(3) the authority provided by this subsection may not
be used to acquire items or services for the principal
benefit of the United States.
(c) Accommodation Procurements.--The authority under this
section may be exercised to conduct accommodation procurements
on behalf of foreign countries.
(d) Coordination With Director of Central Intelligence.--The
Director of the Agency shall coordinate with the Director of
Central Intelligence any action under this section that
involves imagery intelligence or intelligence products or
involves providing support to an intelligence or security
service of a foreign country.
Sec. 444. Support from Central Intelligence Agency
(a) Support Authorized.--The Director of Central Intelligence
may provide support in accordance with this section to the
Director of the National Imagery and Mapping Agency. The
Director of the National Imagery and Mapping Agency may accept
support provided under this section.
(b) Administrative and Contract Services.--(1) In furtherance
of the national intelligence effort, the Director of Central
Intelligence may provide administrative and contract services
to the National Imagery and Mapping Agency as if that agency
were an organizational element of the Central Intelligence
Agency.
(2) Services provided under paragraph (1) may include the
services of security police. For purposes of section 15 of the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403o), an
installation of the National Imagery and Mapping Agency that is
provided security police services under this section shall be
considered an installation of the Central Intelligence Agency.
(3) Support provided under this subsection shall be provided
under terms and conditions agreed upon by the Secretary of
Defense and the Director of Central Intelligence.
(c) Detail of Personnel.--The Director of Central
Intelligence may detail personnel of the Central Intelligence
Agency indefinitely to the National Imagery and Mapping Agency
without regard to any limitation on the duration of interagency
details of Federal Government personnel.
(d) Reimbursable or Nonreimbursable Support.--Support under
this section may be provided and accepted on either a
reimbursable basis or a nonreimbursable basis.
(e) Authority To Transfer Funds.--(1) The Director of the
National Imagery and Mapping Agency may transfer funds
available for that agency to the Director of Central
Intelligence for the Central Intelligence Agency.
(2) The Director of Central Intelligence--
(A) may accept funds transferred under paragraph (1);
and
(B) shall expend such funds, in accordance with the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403a
et seq.), to provide administrative and contract
services or detail personnel to the National Imagery
and Mapping Agency under this section.
Sec. 445. Protection of agency identifications and organizational
information
(a) Unauthorized Use of Agency Name, Initials, or Seal.--(1)
Except with the written permission of the Secretary of Defense,
no person may knowingly use, in connection with any
merchandise, retail product, impersonation, solicitation, or
commercial activity in a manner reasonably calculated to convey
the impression that such use is approved, endorsed, or
authorized by the Secretary of Defense, any of the following:
(A) The words ``National Imagery and Mapping
Agency'', the initials ``NIMA'', or the seal of the
National Imagery and Mapping Agency.
(B) The words ``Defense Mapping Agency'', the
initials ``DMA'', or the seal of the Defense Mapping
Agency.
(C) Any colorable imitation of such words, initials,
or seals.
(2) Whenever it appears to the Attorney General that any
person is engaged or about to engage in an act or practice
which constitutes or will constitute conduct prohibited by
paragraph (1), the Attorney General may initiate a civil
proceeding in a district court of the United States to enjoin
such act or practice. Such court shall proceed as soon as
practicable to a hearing and determination of such action and
may, at any time before such final determination, enter such
restraining orders or prohibitions, or take such other action
as is warranted, to prevent injury to the United States or to
any person or class of persons for whose protection the action
is brought.
(b) Protection of Organizational Information.--
Notwithstanding any other provision of law, the Director of the
National Imagery and Mapping Agency is not required to disclose
the organization of the agency, any function of the agency, any
information with respect to the activities of the agency, or
the names, titles, salaries, or number of the persons employed
by the agency. This subsection does not apply to disclosures of
information to Congress.
SUBCHAPTER II--MAPS, CHARTS, AND GEODETIC PRODUCTS
Sec.
451. Maps, charts, and books.
452. Pilot charts.
453. Prices of maps, charts, and navigational publications.
454. Exchange of mapping, charting, and geodetic data with foreign
countries and international organizations
455. Maps, charts, and geodetic data: public availability; exceptions.
456. Civil actions barred.
Sec. 451. Maps, charts, and books
The Secretary of Defense may--
(1) have the National Imagery and Mapping Agency
prepare maps, charts, and nautical books required in
navigation and have those materials published and
furnished to navigators; and
(2) buy the plates and copyrights of existing maps,
charts, books on navigation, and sailing directions and
instructions.
Sec. 452. Pilot charts
(a) There shall be conspicuously printed on pilot charts
prepared in the National Imagery and Mapping Agency the
following: ``Prepared from data furnished by the National
Imagery and Mapping Agency of the Department of Defense and by
the Department of Commerce, and published at the National
Imagery and Mapping Agency under the authority of the Secretary
of Defense''.
(b) The Secretary of Commerce shall furnish to the National
Imagery and Mapping Agency, as quickly as possible, all
meteorological information received by the Secretary that is
necessary for, and of the character used in, preparing pilot
charts.
Sec. 453. Prices of maps, charts, and navigational publications
All maps, charts, and other publications offered for sale by
the National Imagery and Mapping Agency shall be sold at prices
and under regulations that may be prescribed by the Secretary
of Defense.
Sec. 454. Exchange of mapping, charting, and geodetic data with foreign
countries and international organizations
The Secretary of Defense may authorize the National Imagery
and Mapping Agency to exchange or furnish mapping, charting,
and geodetic data, supplies and services to a foreign country
or international organization pursuant to an agreement for the
production or exchange of such data.
Sec. 455. Maps, charts, and geodetic data: public availability;
exceptions
(a) The National Imagery and Mapping Agency shall offer for
sale maps and charts at scales of 1:500,000 and smaller, except
those withheld in accordance with subsection (b) or those
specifically authorized under criteria established by Executive
order to be kept secret in the interest of national defense or
foreign policy and in fact properly classified pursuant to such
Executive order.
(b)(1) Notwithstanding any other provision of law, the
Secretary of Defense may withhold from public disclosure any
geodetic product in the possession of, or under the control of,
the Department of Defense--
(A) that was obtained or produced, or that contains
information that was provided, pursuant to an
international agreement that restricts disclosure of
such product or information to government officials of
the agreeing parties or that restricts use of such
product or information to government purposes only;
(B) that contains information that the Secretary of
Defense has determined in writing would, if disclosed,
reveal sources and methods used to obtain source
material for production of the geodetic product; or
(C) that contains information that the Director of
the National Imagery and Mapping Agency has determined
in writing would, if disclosed, jeopardize or interfere
with ongoing military or intelligence operations or
reveal military operational or contingency plans.
(2) In this subsection, the term ``geodetic product'' means
any map, chart, geodetic data, or related product.
(c)(1) Regulations to implement this section (including any
amendments to such regulations) shall be published in the
Federal Register for public comment for a period of not less
than 30 days before they take effect.
(2) Regulations under this section shall address the
conditions under which release of geodetic products authorized
under subsection (b) to be withheld from public disclosure
would be appropriate--
(A) in the case of allies of the United States; and
(B) in the case of qualified United States
contractors (including contractors that are small
business concerns) who need such products for use in
the performance of contracts with the United States.
Sec. 456. Civil actions barred
(a) Claims Barred.--No civil action may be brought against
the United States on the basis of the content of a navigational
aid prepared or disseminated by the National Imagery and
Mapping Agency.
(b) Navigational Aids Covered.--Subsection (a) applies with
respect to a navigational aid in the form of a map, a chart, or
a publication and any other form or medium of product or
information in which the National Imagery and Mapping Agency
prepares or disseminates navigational aids.
SUBCHAPTER III--PERSONNEL MANAGEMENT
Sec.
461. Management rights.
Sec. 461. Management rights
(a) Scope.--If there is no obligation under the provisions of
chapter 71 of title 5 for the head of an agency of the United
States to consult or negotiate with a labor organization on a
particular matter by reason of that matter being covered by a
provision of law or a Governmentwide regulation, the Director
of the National Imagery and Mapping Agency is not obligated to
consult or negotiate with a labor organization on that matter
even if that provision of law or regulation is inapplicable to
the National Imagery and Mapping Agency.
(b) Bargaining Units.--The National Imagery and Mapping
Agency shall accord exclusive recognition to a labor
organization under section 7111 of title 5 only for a
bargaining unit that was recognized as appropriate for the
Defense Mapping Agency on the day before the date on which
employees and positions of the Defense Mapping Agency in that
bargaining unit became employees and positions of the National
Imagery and Mapping Agency under the Intelligence Community
Act.
(c) Termination of Bargaining Unit Coverage of Position
Modified To Affect National Security Directly.--(1) If the
Director of the National Imagery and Mapping Agency determines
that the responsibilities of a position within a collective
bargaining unit should be modified to include intelligence,
counterintelligence, investigative, or security duties not
previously assigned to that position and that the performance
of the newly assigned duties directly affects the national
security of the United States, then, upon such a modification
of the responsibilities of that position, the position shall
cease to be covered by the collective bargaining unit and the
employee in that position shall cease to be entitled to
representation by a labor organization accorded exclusive
recognition for that collective bargaining unit.
(2) A determination described in paragraph (1) that is made
by the Director of the National Imagery and Mapping Agency may
not be reviewed by the Federal Labor Relations Authority or any
court of the United States.
SUBCHAPTER IV--DEFINITIONS
Sec.
467. Definitions.
Sec. 467. Definitions
In this chapter:
(1) The term ``function'' means any duty, obligation,
responsibility, privilege, activity, or program.
(2)(A) The term ``imagery'' means, except as provided
in subparagraph (B), a likeness or presentation of any
natural or manmade feature or related object or
activity and the positional data acquired at the same
time the likeness or representation was acquired,
including--
(i) products produced by space-based national
intelligence reconnaissance systems; and
(ii) likenesses or presentations produced by
satellites, airborne platforms, unmanned aerial
vehicles, or other similar means.
(B) Such term does not include handheld or
clandestine photography taken by or on behalf of human
intelligence collection organizations.
(3) The term ``imagery intelligence'' means the
technical, geographic, and intelligence information
derived through the interpretation or analysis of
imagery and collateral materials.
(4) The term ``geospatial information'' means
information that identifies the geographic location and
characteristics of natural or constructed features and
boundaries on the earth and includes--
(A) statistical data and information derived
from, among other things, remote sensing,
mapping, and surveying technologies;
(B) mapping, charting, and geodetic data; and
(C) geodetic products, as defined in section
455(c) of this title.
* * * * * * *
CHAPTER [22] 23--MISCELLANEOUS STUDIES AND REPORTS
Sec.
[451] 481. Racial and ethnic issues; biennial survey; biennial report.
[452] 482. Quarterly readiness reports.
[Sec. 451.] Sec. 481. Racial and ethnic issues; biennial survey;
biennial report
(a) Biennial Survey.--The Secretary of Defense shall carry
out a biennial survey to measure the state of racial and ethnic
issues and discrimination among members of the armed forces
serving on active duty. The survey shall solicit information on
the race relations climate in the armed forces, including--
(1) indicators of positive and negative trends of
relations between all racial and ethnic groups;
(2) the effectiveness of Department of Defense
policies designed to improve race and ethnic relations;
and
(3) the effectiveness of current processes for
complaints on and investigations into racial and ethnic
discrimination.
(b) Implementing Entity.--The Secretary shall carry out each
biennial survey through the entity in the Department of Defense
known as the Armed Forces Survey on Race/Ethnic Issues.
(c) Reports to Congress.--Upon completion of each biennial
survey under subsection (a), the Secretary shall submit to
Congress a report containing the results of the survey.
[Sec. 452.] Sec. 482. Quarterly readiness reports
(a) Requirement.--Not later than 30 days after the end of
each calendar-year quarter, the Secretary of Defense shall
submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives
a report on military readiness. The report for any quarter
shall be based on assessments that are provided during that
quarter--
(1) to any council, committee, or other body of the
Department of Defense (A) that has responsibility for
readiness oversight, and (B) the membership of which
includes at least one civilian officer in the Office of
the Secretary of Defense at the level of Assistant
Secretary of Defense or higher;
(2) by senior civilian and military officers of the
military departments and the commanders of the unified
and specified commands; and
(3) as part of any regularly established process of
periodic readiness reviews for the Department of
Defense as a whole.
(b) Matters To Be Included.--Each such report shall--
(1) specifically describe identified readiness
problems or deficiencies and planned remedial actions;
and
(2) include the key indicators and other relevant
data related to the identified problem or deficiency.
(c) Classification of Reports.--Reports under this section
shall be submitted in unclassified form and may, as the
Secretary determines necessary, also be submitted in classified
form.
* * * * * * *
PART II--PERSONNEL
* * * * * * *
Chap. Sec.
Enlistments....................................................501
* * * * * * *
[Defense Intelligence Agency and Central Imagery Office Civilian
Personnel..................................................1601]
Civilian Defense Intelligence Employees.......................1601
* * * * * * *
CHAPTER 81--CIVILIAN EMPLOYEES
Sec.
1581. Foreign National Employees Separation Pay Account.
* * * * * * *
[1590. Management of civilian intelligence personnel of the military
departments.]
* * * * * * *
[1599. Postemployment assistance: certain terminated intelligence
employees.]
* * * * * * *
[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.]
* * * * * * *
Sec. 1593. Uniform allowance: civilian employees
(a) Allowance Authorized.--(1) * * *
* * * * * * *
(3) This subsection shall not apply with respect to a
civilian employee of the Defense Intelligence Agency who is
entitled to an allowance under section [1606] 1622 of this
title.
* * * * * * *
Sec. 1596. Foreign language proficiency: special pay
(a) * * *
* * * * * * *
(c) Special pay under this section may be paid in addition to
any compensation authorized under section [1604(b)] 1602 of
this title for which an officer or employee is eligible.
* * * * * * *
[CHAPTER 83--DEFENSE INTELLIGENCE AGENCY AND CENTRAL IMAGERY OFFICE
CIVILIAN PERSONNEL]
CHAPTER 83--CIVILIAN DEFENSE INTELLIGENCE EMPLOYEES
[Sec.
[1601. Defense Intelligence Senior Executive Service.
[1602. Defense Intelligence Agency merit pay system.
[1603. Limit on pay.
[1604. Civilian personnel management.
[1605. Benefits for certain employees of the Defense Intelligence
Agency.
[1606. Uniform allowance: civilian employees.
[1608. Financial assistance to certain employees in acquisition of
critical skills.]
Subchapter Sec.
I. Defense-Wide Intelligence Personnel Policy..................... 1601
II. Defense Intelligence Agency Personnel......................... 1621
SUBCHAPTER I--DEFENSE-WIDE INTELLIGENCE PERSONNEL POLICY
Sec.
1601. Civilian intelligence personnel: general authority to establish
excepted positions, appoint personnel, and fix rates of pay.
1602. Basic pay.
1603. Additional compensation, incentives, and allowances.
1605. Benefits for certain employees assigned outside the United States.
1606. Defense Intelligence Senior Executive Service.
1607. Intelligence Senior Level positions.
1608. Time-limited appointments.
1609. Termination of defense intelligence employees.
1610. Reductions and other adjustments in force.
1611. Postemployment assistance: certain terminated intelligence
employees.
1612. Merit system principles and civil service protections:
applicability.
1613. Miscellaneous provisions.
1614. Definitions.
[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. 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. Civilian intelligence personnel: general authority to
establish excepted positions, appoint personnel,
and fix rates of pay
(a) General Authority.--The Secretary of Defense may--
(1) establish, as positions in the excepted service,
such defense intelligence positions in the intelligence
components of the Department of Defense and the
military departments as the Secretary determines
necessary to carry out the intelligence functions of
those components and departments, including--
(A) Intelligence Senior Level positions
designated under section 1607 of this title;
and
(B) positions in the Defense Intelligence
Senior Executive Service;
(2) appoint individuals to those positions (after
taking into consideration the availability of
preference eligibles for appointment to those
positions); and
(3) fix the compensation of such individuals for
service in those positions.
(b) Construction With Other Laws.--The authority of the
Secretary of Defense under subsection (a) applies without
regard to the provisions of any other law relating to the
appointment, number, classification, or compensation of
employees.
Sec. 1602. Basic pay
(a) Authority To Fix Rates of Basic Pay.--The Secretary of
Defense (subject to the provisions of this section) shall fix
the rates of basic pay for positions established under section
1601 of this title in relation to the rates of basic pay
provided in subpart D of part III of title 5 for positions
subject to that subpart which have corresponding levels of
duties and responsibilities.
(b) Maximum Rates.--A rate of basic pay fixed under
subsection (a) for a position established under section 1601 of
this title may not (except as otherwise provided by law)
exceed--
(1) in the case of a Defense Intelligence Senior
Executive Service position, the maximum rate provided
in section 5382 of title 5;
(2) in the case of an Intelligence Senior Level
position, the maximum rate provided in section 5382 of
title 5; and
(3) in the case of any other position, the maximum
rate provided in section 5306(e) of 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 of Defense may
employ individuals described by section 5342(a)(2)(A) of that
title.
Sec. 1603. Additional compensation, incentives, and allowances
(a) Additional Compensation Based on Title 5 Authorities.--
The Secretary of Defense may provide employees in defense
intelligence positions 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.
(b) Allowances Based on Living Costs and Environment.--(1) In
addition to basic pay, employees in defense intelligence
positions who are citizens or nationals of the United States
and are stationed outside the continental United States or in
Alaska may be paid an allowance, in accordance with regulations
prescribed by the Secretary of Defense, while they are so
stationed.
(2) An allowance under this subsection 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 the factors specified in subparagraphs
(A) and (B).
(3) An allowance under this subsection may not exceed the
allowance authorized to be paid by section 5941(a) of title 5
for employees whose rates of basic pay are fixed by statute.
Sec. 1605. Benefits for certain employees [of the Defense Intelligence
Agency] assigned outside the United States
(a) * * *
* * * * * * *
Sec. 1606. Defense Intelligence Senior Executive Service
(a) Establishment.--The Secretary of Defense may establish a
Defense Intelligence Senior Executive Service for defense
intelligence positions established pursuant to section 1601(a)
of this title that are equivalent to Senior Executive Service
positions. The number of positions in the Defense Intelligence
Senior Executive Service may not exceed the number of Defense
Intelligence Senior Executive Service positions established as
of January 1, 1996.
(b) Regulations Consistent With Title 5 Provisions.--The
Secretary of Defense shall prescribe regulations for the
Defense Intelligence Senior Executive Service which are
consistent with the requirements set forth in sections 3131,
3132(a)(2), 3393a, 3396(c), 3592, 3595(a), 5384, and 6304 of
title 5, subsections (a), (b), and (c) of section 7543 of such
title (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 those regulations), and
subchapter II of chapter 43 of such title. To the extent that
the Secretary determines it practicable to apply to members of,
or applicants for, the Defense Intelligence Senior Executive
Service other provisions of title 5 that apply to members of,
or applicants for, the Senior Executive Service, the Secretary
shall also prescribe regulations to implement those provisions
with respect to the Defense Intelligence Senior Executive
Service.
(c) Award of Rank to Members of the Defense 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
Defense Intelligence Senior Executive Service. The award of
such rank shall be made in a manner consistent with the
provisions of that section.
Sec. 1607. Intelligence Senior Level positions
(a) Designation of Positions.--The Secretary of Defense may
designate as an Intelligence Senior Level position any defense
intelligence position that, as determined by the Secretary--
(1) is classifiable above grade GS-15 of the General
Schedule;
(2) does not satisfy functional or program management
criteria for being designated a Defense Intelligence
Senior Executive Service position; and
(3) has no more than minimal supervisory
responsibilities.
(b) Regulations.--Subsection (a) shall be carried out in
accordance with regulations prescribed by the Secretary of
Defense.
Sec. 1608. Time-limited appointments
(a) Authority for Time-Limited Appointments.--The Secretary
of Defense may by regulation authorize appointing officials to
make time-limited appointments to defense intelligence
positions specified in the regulations.
(b) Review of Use of Authority.--The Secretary of Defense
shall review each time-limited appointment in a defense
intelligence position at the end of the first year of the
period of the appointment and determine whether the appointment
should be continued for the remainder of the period. The
continuation of a time-limited appointment after the first year
shall be subject to the approval of the Secretary.
(c) Condition on Permanent Appointment to Defense
Intelligence Senior Executive Service.--An employee serving in
a defense intelligence position pursuant to a time-limited
appointment is not eligible for a permanent appointment to a
Defense Intelligence Senior Executive Service position
(including a position in which the employee is serving) unless
the employee is selected for the permanent appointment on a
competitive basis.
(d) Time-Limited Appointment Defined.--In this section, the
term ``time-limited appointment'' means an appointment (subject
to the condition in subsection (b)) for a period not to exceed
two years.
Sec. 1609. Termination of defense intelligence employees
(a) Termination Authority.--Notwithstanding any other
provision of law, the Secretary of Defense may terminate the
employment of any employee in a defense intelligence position
if the Secretary--
(1) considers that action to be in the interests of
the United States; and
(2) 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.
(b) Finality.--A decision by the Secretary of Defense to
terminate the employment of an employee under this section is
final and may not be appealed or reviewed outside the
Department of Defense.
(c) Notification to Congressional Committees.--Whenever the
Secretary of Defense terminates the employment of an employee
under the authority of this section, the Secretary shall
promptly notify the congressional oversight committees of such
termination.
(d) Preservation of Right To Seek Other Employment.--Any
termination of employment under this section does 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.
(e) Limitation on Delegation.--The authority of the Secretary
of Defense under this section may be delegated only to the
Deputy Secretary of Defense, the head of an intelligence
component of the Department of Defense (with respect to
employees of that component), or the Secretary of a military
department (with respect to employees of that department). An
action to terminate employment of such an employee by any such
official may be appealed to the Secretary of Defense.
Sec. 1610. Reductions and other adjustments in force
(a) In General.--The Secretary of Defense shall prescribe
regulations for the separation of employees in defense
intelligence positions, including members of the Defense
Intelligence Senior Executive Service and employees in
Intelligence Senior Level positions, during a reduction in
force or other adjustment in force. The regulations shall apply
to such a reduction in force or other adjustment in force
notwithstanding sections 3501(b) and 3502 of title 5.
(b) Matters To Be Given Effect.--The regulations shall give
effect to the following:
(1) Tenure of employment.
(2) Military preference, subject to sections
3501(a)(3) and 3502(b) of title 5.
(3) The veteran's preference under section 3502(b) of
title 5.
(4) Performance.
(5) Length of service computed in accordance with the
second sentence of section 3502(a) of title 5.
(c) Regulations Relating to Defense Intelligence SES.--The
regulations relating to removal from the Defense Intelligence
Senior Executive Service in a reduction in force or other
adjustment in force shall be consistent with section 3595(a) of
title 5.
(d) Right of Appeal.--(1) The regulations shall provide a
right of appeal regarding a personnel action under the
regulations. The appeal shall be determined within the
Department of Defense. An appeal determined at the highest
level provided in the regulations shall be final and not
subject to review outside the Department of Defense. A
personnel action covered by the regulations is not subject to
any other provision of law that provides appellate rights or
procedures.
(2) Notwithstanding paragraph (1), a preference eligible
referred to in section 7511(a)(1)(B) of title 5 may elect to
have an appeal of a personnel action taken against the
preference eligible under the regulation determined by the
Merit Systems Protection Board instead of having the appeal
determined within the Department of Defense. Section 7701 of
title 5 shall apply to any such appeal to the Merit Systems
Protection Board.
(e) Consultation With OPM.--Regulations under this section
shall be prescribed in consultation with the Director of the
Office of Personnel Management.
[Sec. 1599.] Sec. 1611. Postemployment assistance: certain terminated
intelligence employees
(a) Authority.--Subject to subsection (c), the Secretary of
Defense may, in the case of any individual who is a qualified
former intelligence employee, use appropriated funds--
(1) to assist that individual in finding and
qualifying for employment other than in an intelligence
component of the Department of Defense;
(2) to assist that individual in meeting the expenses
of treatment of medical or psychological disabilities
of that individual; and
(3) to provide financial support to that individual
during periods of unemployment.
(b) Qualified Former Intelligence Employees.--For purposes of
this section, a qualified former intelligence employee is an
individual who was employed as a civilian employee of the
Department of Defense in a sensitive position in an
intelligence component of the Department of Defense--
(1) who has been found to be ineligible for continued
access to information designated as ``Sensitive
Compartmented Information'' and employment with the
intelligence component; or
(2) whose employment with the intelligence component
has been terminated.
(c) Conditions.--Assistance may be provided to a qualified
former intelligence employee under subsection (a) only if the
Secretary determines that such assistance is essential to--
(1) maintain the judgment and emotional stability of
the qualified former intelligence employee; and
(2) avoid circumstances that might lead to the
unlawful disclosure of classified information to which
the qualified former intelligence employee had access.
(d) Duration of Assistance.--Assistance may not be provided
under this section in the case of any individual after the end
of the five-year period beginning on the date of the
termination of the employment of the individual with an
intelligence component of the Department of Defense.
(e) Annual Report.--(1) The Secretary of Defense shall submit
to the congressional committees specified in paragraph (2) an
annual report with respect to any expenditure made under this
section.
(2) The committees referred to in paragraph (1) are the
following:
(A) The Committee on National Security, the Committee
on Appropriations, and the Permanent Select Committee
on Intelligence of the House of Representatives.
(B) The Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on
Intelligence of the Senate.
(f) Definition.--In this section, 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 National Reconnaissance Office.
[(4) The Central Imagery Office.
[(5) The intelligence components of any of the
military departments.] includes the National
Reconnaissance Office and any intelligence component of
a military department.
Sec. 1612. Merit system principles and civil service protections:
applicability
(a) Applicability of Merit System Principles.--Section 2301
of title 5 shall apply to the exercise of authority under this
subchapter (other than sections 1605 and 1611).
(b) Civil Service Protections.--(1) If, in the case of a
position established under authority other than section
1601(a)(1) of this title that is reestablished as an excepted
service position under that section, the provisions of law
referred to in paragraph (2) applied to the person serving in
that position immediately before the position is so
reestablished and such provisions of law would not otherwise
apply to the person while serving in the position as so
reestablished, then such provisions of law shall continue to
apply to the person with respect to service in that position
for as long as the person continues to serve in the position
without a break in service.
(2) The provisions of law referred to in paragraph (1) are
the following provisions of title 5:
(A) Section 2302, relating to prohibited personnel
practices.
(B) Chapter 75, relating to adverse actions, unless,
in the case of any individual employee, that employee
elects to have an appeal determined within the
Department of Defense.
Sec. 1613. Miscellaneous provisions
(a) Collective Bargaining Agreements.--Nothing in sections
1601 through 1604 and 1606 through 1610 may be construed to
impair the continued effectiveness of a collective bargaining
agreement with respect to an agency or office that is a
successor to an agency or office covered by the agreement
before the succession.
(b) Notice to Congress of Regulations.--The Secretary of
Defense shall notify Congress of any regulations prescribed to
carry out this subchapter (other than sections 1605 and 1611).
Such notice shall be provided by submitting a copy of the
regulations to the congressional oversight committees not less
than 60 days before such regulations take effect.
Sec. 1614. Definitions
In this subchapter:
(1) The term ``defense intelligence position'' means
a civilian position as an intelligence officer or
intelligence employee of an intelligence component of
the Department of Defense or of a military department.
(2) The term ``intelligence component of the
Department of Defense'' means any of the following:
(A) The National Security Agency.
(B) The Defense Intelligence Agency.
(C) The National Imagery and Mapping Agency.
(D) Any other component of the Department of
Defense that performs intelligence functions
and is designated by the Secretary of Defense
as an intelligence component of the Department
of Defense.
(E) Any successor to a component specified
in, or designated pursuant to, this paragraph.
(3) The term ``congressional oversight committees''
means--
(A) the Committee on Armed Services and the
Select Committee on Intelligence of the Senate;
and
(B) the Committee on National Security and
the Permanent Select Committee on Intelligence
of the House of Representatives.
(4) The term ``excepted service'' has the meaning
given such term in section 2103 of title 5.
(5) The term ``preference eligible'' has the meaning
given such term in section 2108(3) of title 5.
(6) The term ``Senior Executive Service position''
has the meaning given such term in section 3132(a)(2)
of title 5.
(7) The term ``collective bargaining agreement'' has
the meaning given such term in section 7103(8) of title
5.
SUBCHAPTER II--DEFENSE INTELLIGENCE AGENCY PERSONNEL
Sec.
1621. Defense Intelligence Agency merit pay system.
1622. Uniform allowance: civilian employees.
1623. Financial assistance to certain employees in acquisition of
critical skills.
Sec. [1602.] 1621. 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. [1606.] 1622. Uniform allowance: civilian employees
(a) The Secretary of Defense may pay an allowance under this
section to any civilian employee of the Defense Intelligence
Agency who--
(1) is assigned to a Defense Attache Office outside
the United States; and
(2) is required by regulation to wear a prescribed
uniform in performance of official duties.
(b) Notwithstanding section 5901(a) of title 5, the amount of
any such allowance shall be the greater of the following:
(1) The amount provided for employees of the
Department of State assigned to positions outside the
United States and required by regulation to wear a
prescribed uniform in performance of official duties.
(2) The maximum allowance provided under section
1593(b) of this title.
(c) An allowance paid under this section shall be treated in
the same manner as is provided in subsection (c) of section
5901 of title 5 for an allowance paid under that section.
Sec. [1608.] 1623. Financial assistance to certain employees in
acquisition of critical skills
(a) The Secretary of Defense shall establish an undergraduate
training program with respect to civilian employees of the
Defense Intelligence Agency that is similar in purpose,
conditions, content, and administration to the program which
the Secretary of Defense is authorized to establish under
section 16 of the National Security Agency Act of 1959 (50
U.S.C. 402 note) for civilian employees of the National
Security Agency.
(b) Any payments made by the Secretary to carry out the
program required to be established by subsection (a) may be
made in any fiscal year only to the extent that appropriated
funds are available for that purpose.
* * * * * * *
PART IV--SERVICE, SUPPLY, AND PROCUREMENT
Chap. Sec.
Planning and Coordination.....................................2201
* * * * * * *
Defense Mapping Agency.......................................2791]
* * * * * * *
[CHAPTER 167--DEFENSE MAPPING AGENCY
[Sec.
[2791. Establishment and duties.
[2792. Maps, charts, and books.
[2793. Pilot charts.
[2794. Prices of maps, charts, and navigational publications.
[2795. Exchange of mapping, charting, and geodetic data with foreign
countries and international organizations
[2796. Maps, charts, and geodetic data: public availability;
exceptions.
[2797. Unauthorized use of Defense Mapping Agency name, initials, or
seal.
[2798. Civil actions barred.
[Sec. 2791. Establishment and duties
[The Defense Mapping Agency is an agency of the Department of
Defense. The Defense Mapping Agency shall improve means of
navigating vessels of the Navy and the merchant marine by
providing, under the authority of the Secretary of Defense,
accurate and inexpensive nautical charts, sailing directions,
books on navigation, and manuals of instructions for the use of
all vessels of the United States and of navigators generally.
[Sec. 2792. Maps, charts, and books
[The Secretary of Defense may--
[(1) have the Defense Mapping Agency prepare maps,
charts, and nautical books required in navigation and
have those materials published and furnished to
navigators; and
[(2) buy the plates and copyrights of existing maps,
charts, books on navigation, and sailing directions and
instructions.
[Sec. 2793. Pilot charts
[(a) There shall be conspicuously printed on pilot charts
prepared in the Defense Mapping Agency the following:
``Prepared from data furnished by the Defense Mapping Agency of
the Department of Defense and by the Department of Commerce,
and published at the Defense Mapping Agency under the authority
of the Secretary of Defense''.
[(b) The Secretary of Commerce shall furnish to the Defense
Mapping Agency, as quickly as possible, all meteorological
information received by the Secretary that is necessary for,
and of the character used in, preparing pilot charts.
[Sec. 2794. Prices of maps, charts, and navigational publications
[All maps, charts, and other publications offered for sale by
the Defense Mapping Agency shall be sold at prices and under
regulations that may be prescribed by the Secretary of Defense.
[Sec. 2795. Exchange of mapping, charting, and geodetic data with
foreign countries and international organizations.
[The Secretary of Defense may authorize the Defense Mapping
Agency to exchange or furnish mapping, charting, and geodetic
data, supplies and services to a foreign country or
international organization pursuant to an agreement for the
production or exchange of such data.
[Sec. 2796. Maps, charts, and geodetic data: public availability;
exceptions
[(a) The Defense Mapping Agency shall offer for sale maps and
charts at scales of 1:500,000 and smaller, except those
withheld in accordance with subsection (b) or those
specifically authorized under criteria established by Executive
order to be kept secret in the interest of national defense or
foreign policy and in fact properly classified pursuant to such
Executive order.
[(b)(1) Notwithstanding any other provision of law, the
Secretary of Defense may withhold from public disclosure any
geodetic product in the possession of, or under the control of,
the Department of Defense--
[(A) that was obtained or produced, or that contains
information that was provided, pursuant to an
international agreement that restricts disclosure of
such product or information to government officials of
the agreeing parties or that restricts use of such
product or information to government purposes only;
[(B) that contains information that the Secretary of
Defense has determined in writing would, if disclosed,
reveal sources and methods used to obtain source
material for production of the geodetic product; or
[(C) that contains information that the Director of
the Defense Mapping Agency has determined in writing
would, if disclosed, jeopardize or interfere with
ongoing military or intelligence operations or reveal
military operational or contingency plans.
[(2) In this subsection, the term ``geodetic product'' means
any map, chart, geodetic data, or related product.
[(c)(1) Regulations to implement this section (including any
amendments to such regulations) shall be published in the
Federal Register for public comment for a period of not less
than 30 days before they take effect.
[(2) Regulations under this section shall address the
conditions under which release of geodetic products authorized
under subsection (b) to be withheld from public disclosure
would be appropriate--
[(A) in the case of allies of the United States; and
[(B) in the case of qualified United States
contractors (including contractors that are small
business concerns) who need such products for use in
the performance of contracts with the United States.
[Sec. 2797. Unauthorized use of Defense Mapping Agency name, initials,
or seal
[(a) No person may, except with the written permission of the
Secretary of Defense, knowingly use the words ``Defense Mapping
Agency'', the initials ``DMA'', the seal of the Defense Mapping
Agency, or any colorable imitation of such words, initials, or
seal in connection with any merchandise, retail product,
impersonation, solicitation, or commercial activity in a manner
reasonably calculated to convey the impression that such use is
approved, endorsed, or authorized by the Secretary of Defense.
[(b) Whenever it appears to the Attorney General that any
person is engaged or about to engage in an act or practice
which constitutes or will constitute conduct prohibited by
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 hearing and determination of such action and
may, at any time before such final determination, enter such
restraining orders or prohibitions, or take such other action
as is warranted, to prevent injury to the United States or to
any person or class of persons for whose protection the action
is brought.
[Sec. 2798. Civil actions barred
[(a) Claims Barred.--No civil action may be brought against
the United States on the basis of the content of a navigational
aid prepared or disseminated by the Defense Mapping Agency.
[(b) Navigational Aids Covered.--Subsection (a) applies with
respect to a navigational aid in the form of a map, a chart, or
a publication and any other form or medium of product or
information in which the Defense Mapping Agency prepares or
disseminates navigational aids.]
* * * * * * *
----------
SECTION 207 OF THE LEGISLATIVE BRANCH APPROPRIATIONS ACT, 1993
Sec. 207. (a)(1) None of the funds appropriated for any
fiscal year may be obligated or expended by any entity of the
executive branch for the procurement of any printing related to
the production of Government publications (including printed
forms), unless such procurement is by or through the Government
Printing Office.
(2) Paragraph (1) does not apply to (A) individual printing
orders costing not more than $1,000, if the work is not of a
continuing or repetitive nature, and, as certified by the
Public Printer, if the work is included in a class of work
which cannot be provided more economically through the
Government Printing Office, (B) printing for the Central
Intelligence Agency, the Defense Intelligence Agency, National
Imagery and Mapping Agency, or the National Security Agency, or
(C) printing from other sources that is specifically authorized
by law.
* * * * * * *
----------
CHAPTER 13 OF TITLE 44, UNITED STATES CODE
CHAPTER 13--PARTICULAR REPORTS AND DOCUMENTS
Sec.
1301. Agriculture, Department of: report of Secretary.
* * * * * * *
[1336. Naval Oceanographic Office: special publications.]
1336. National Imagery and Mapping Agency: special publications.
* * * * * * *
[Sec. 1336. Naval Oceanographic Office: special publications]
Sec. 1336. National Imagery and Mapping Agency: special publications
The [Secretary of the Navy] Director of the National Imagery
and Mapping Agency may authorize the printing of notices to
mariners, light lists, sailing directions, bulletins, and other
special publications of the [United States Naval Oceanographic
Office] National Imagery and Mapping Agency in editions the
interests of the Government and of the public may require.
* * * * * * *
----------
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
Subpart A--General Provisions
* * * * * * *
CHAPTER 23--MERIT SYSTEM PRINCIPLES
* * * * * * *
Sec. 2302. Prohibited personnel practices
(a)(1) For the purpose of this title, ``prohibited personnel
practice'' means any action described in subsection (b) of this
section.
(2) For the purpose of this section--
(A) * * *
* * * * * * *
(C) ``agency'' means an Executive agency and the
Government Printing Office, but does not include--
(i) a Government corporation, except in the
case of an alleged prohibited personnel
practice described under subsection (b)(8);
(ii) the Federal Bureau of Investigation, the
Central Intelligence Agency, the Defense
Intelligence Agency, the [Central Imagery
Office] National Imagery and Mapping Agency,
the National Security Agency, and, as
determined by the President, any Executive
agency or unit thereof the principal function
of which is the conduct of foreign intelligence
or counterintelligence activities; or
* * * * * * *
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 B--Employment and Retention
* * * * * * *
CHAPTER 31--THE SENIOR EXECUTIVE SERVICE
* * * * * * *
SUBCHAPTER II--THE SENIOR EXECUTIVE SERVICE
* * * * * * *
Sec. 3132. Definitions and exclusions
(a) For the purpose of this subchapter--
(1) ``agency'' means an Executive agency, except a
Government corporation and the General Accounting
Office, but does not include--
(A) any agency or unit thereof excluded from
coverage by the President under subsection (c)
of this section; or
(B) the Federal Bureau of Investigation, the
Drug Enforcement Administration, the Central
Intelligence Agency, the Defense Intelligence
Agency, the [Central Imagery Office] National
Imagery and Mapping Agency, the National
Security Agency, Department of Defense
intelligence activities the civilian employees
of which are subject to section 1590 of title
10, and, as determined by the President, an
Executive agency, or unit thereof, whose
principal function is the conduct of foreign
intelligence or counterintelligence activities;
* * * * * * *
Subpart C--Employee Performance
* * * * * * *
CHAPTER 43--PERFORMANCE APPRAISAL
* * * * * * *
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 4301. Definitions
For the purpose of this subchapter--
(1) ``agency'' means--
(A) an Executive agency; and
(B) the Government Printing Office;
but does not include--
(i) a Government corporation;
(ii) the Central Intelligence Agency, the
Defense Intelligence Agency, the [Central
Imagery Office] National Imagery and Mapping
Agency, the National Security Agency, or any
Executive agency or unit thereof which is
designated by the President and the principal
function of which is the conduct of foreign
intelligence or counterintelligence activities;
or
* * * * * * *
CHAPTER 47--PERSONNEL RESEARCH PROGRAMS AND DEMONSTRATION PROJECTS
* * * * * * *
Sec. 4701. Definitions
(a) For the purpose of this chapter--
(1) ``agency'' means an Executive agency and the
Government Printing Office, but does not include--
(A) a Government corporation;
(B) the Federal Bureau of Investigation, the
Central Intelligence Agency, the Defense
Intelligence Agency, the [Central Imagery
Office] National Imagery and Mapping Agency,
the National Security Agency, and, as
determined by the President, any Executive
agency or unit thereof which is designated by
the President and which has as its principal
function the conduct of foreign intelligence or
counterintelligence activities; or
* * * * * * *
Subpart D--Pay and Allowances
CHAPTER 51--CLASSIFICATION
* * * * * * *
Sec. 5102. Definitions; application
(a) For the purpose of this chapter--
(1) ``agency'' means--
(A) * * *
* * * * * * *
but does not include--
(i) * * *
* * * * * * *
(xi) the [Central Imagery Office] National
Imagery and Mapping Agency, Department of
Defense.
* * * * * * *
CHAPTER 53--EXECUTIVE SCHEDULE PAY RATES
* * * * * * *
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. * * *
[Deputy Director of Central Intelligence] Deputy
Directors of Central Intelligence (2).
* * * * * * *
SUBCHAPTER IV--PREVAILING RATE SYSTEMS
Sec. 5342. Definitions; application
(a) For the purpose of this subchapter--
(1) ``agency'' means an Executive agency; but does
not include--
(A) * * *
* * * * * * *
(L) the [Central Imagery Office] National
Imagery and Mapping Agency, Department of
Defense;
* * * * * * *
Subpart E--Attendance and Leave
* * * * * * *
CHAPTER 63--VOLUNTARY TRANSFERS OF LEAVE
* * * * * * *
SUBCHAPTER III--VOLUNTARY TRANSFERS OF LEAVE
* * * * * * *
Sec. 6339. Additional leave transfer programs
(a) For the purpose of this section--
(1) the term ``excepted agency'' means--
(A) * * *
* * * * * * *
(E) the [Central Imagery Office] National
Imagery and Mapping Agency; and
* * * * * * *
(2) the term ``head of an excepted agency'' means--
(A) * * *
* * * * * * *
(E) with respect to the [Central Imagery
Office, the Director of the Central Imagery
Office] National Imagery and Mapping Agency,
the Director of the National Imagery and
Mapping Agency; and
(F) with respect to an Executive agency
designated under paragraph (1)(F), the head of
such Executive agency, and with respect to a
unit of an Executive agency designated under
paragraph (1)(F), such individual as the
President may determine.
* * * * * * *
Subpart F--Labor-Management and Employee Relations
CHAPTER 71--LABOR-MANAGEMENT RELATIONS
* * * * * * *
SUBCHAPTER I--GENERAL PROVISIONS
* * * * * * *
Sec. 7103. Definitions; application
(a) For the purpose of this chapter--
(1) * * *
* * * * * * *
(3) ``agency'' means an Executive agency (including a
nonappropriated fund instrumentality described in
section 2105(c) of this title and the Veterans' Canteen
Service, Department of Veterans Affairs), the Library
of Congress, and the Government Printing Office, but
does not include--
(A) * * *
* * * * * * *
(F) the Federal Labor Relations Authority; or
(G) the Federal Service Impasses Panel[; or].
[(H) the Central Imagery Office;]
* * * * * * *
SUBCHAPTER III--POLITICAL ACTIVITIES
Sec. 7323. Political activity authorized; prohibitions
(a) Subject to the provisions of subsection (b), an employee
may take an active part in political management or in political
campaigns, except an employee may not--
(b)(1) An employee of the Federal Election Commission (except
one appointed by the President, by and with the advice and
consent of the Senate), may not request or receive from, or
give to, an employee, a Member of Congress, or an officer of a
uniformed service a political contribution.
(2)(A) No employee described under subparagraph (B) (except
one appointed by the President, by and with the advice and
consent of the Senate), may take an active part in political
management or political campaigns.
(B) The provisions of subparagraph (A) shall apply to--
(i) an employee of--
(I) * * *
* * * * * * *
(XIII) the [Central Imagery Office] National
Imagery and Mapping Agency; or
* * * * * * *
CHAPTER 75--REMOVAL FOR MORE THAN 14 DAYS
* * * * * * *
SUBCHAPTER II--REMOVAL, SUSPENSION FOR MORE THAN 14 DAYS, REDUCTION IN
GRADE OR PAY, OR FURLOUGH FOR 30 DAYS OR LESS
Sec. 7511. Definitions; application
(a) For the purpose of this subchapter--
(b) This subchapter does not apply to an employee--
(1) * * *
* * * * * * *
(8) whose position is within the United States Postal
Service, the Postal Rate Commission, the Panama Canal
Commission, the Tennessee Valley Authority, the Federal
Bureau of Investigation, [the National Security Agency,
the Defense Intelligence Agency, the Central Imagery
Office, or an intelligence activity of a military
department covered under section 1590 of title 10] an
intelligence component of the Department of Defense (as
defined in section 1614 of title 10), or an
intelligence activity of a military department covered
under subchapter I of chapter 83 of title 10, unless
subsection (a)(1)(B) of this section or section 1005(a)
of title 39 is the basis for this subchapter's
applicability;
* * * * * * *
----------
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. 104. 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.]
* * * * * * *
DEFINITIONS
Sec. 3. As used in this Act:
(1) * * *
* * * * * * *
(4) The term ``intelligence community'' includes--
(A) * * *
* * * * * * *
(E) the [Central Imagery Office] National
Imagery and Mapping Agency;
* * * * * * *
[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. 104. 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.
----------
SECTION 105 OF THE ETHICS IN GOVERNMENT ACT OF 1978
CUSTODY OF AND PUBLIC ACCESS TO REPORTS
Sec. 105. (a) Each agency, each supervising ethics office in
the executive or judicial branch, the Clerk of the House of
Representatives, and the Secretary of the Senate shall make
available to the public, in accordance with subsection (b),
each report filed under this title with such agency or office
or with the Clerk or the Secretary of the Senate, except that--
(1) this section does not require public availability
of a report filed by any individual in the Central
Intelligence Agency, the Defense Intelligence Agency,
the [Central Imagery Office] National Imagery and
Mapping Agency, or the National Security Agency, or any
individual engaged in intelligence activities in any
agency of the United States, if the President finds or
has found that, due to the nature of the office or
position occupied by such individual, public disclosure
of such report would, be revealing the identity of the
individual or other sensitive information, compromise
the national interest of the United States; and such
individuals may be authorized, notwithstanding section
104(a), to file such additional reports as are
necessary to protect their identity from public
disclosure if the President first finds or has found
that such filing is necessary in the national interest;
and
* * * * * * *
----------
SECTION 7 OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988
SEC. 7. EXEMPTIONS.
(a) No Application to Governmental Employers.--This Act shall
not apply with respect to the United States Government, any
State or local government, or any political subdivision of a
State or local government.
(b) National Defense and Security Exemption.--
(1) * * *
(2) Security.--Nothing in this Act shall be construed
to prohibit the administration, by the Federal
Government, in the performance of any intelligence or
counterintelligence function, of any lie detector test
to--
(A)(i) any individual employed by, assigned
to, or detailed to, the National Security
Agency, the Defense Intelligence Agency, the
[Central Imagery Office] National Imagery and
Mapping Agency, or the Central Intelligence
Agency,
* * * * * * *
----------
SECTION 82 OF TITLE 14, UNITED STATES CODE
Sec. 82. Cooperation with Administrator of the Federal Aviation
Administration
The Coast Guard, in establishing, maintaining, or operating
any aids to air navigation herein provided, shall solicit the
cooperation of the Administrator of the Federal Aviation
Administration to the end that the personnel and facilities of
the Federal Aviation Administration will be utilized to the
fullest possible advantage. Before locating and operating any
such aid on military or naval bases or regions, the consent of
the Secretary of the Army, the Secretary of the Navy, or the
Secretary of the Air Force, as the case may be, shall first be
obtained. No such aid shall be located within the territorial
jurisdiction of any foreign country without the consent of the
government thereof. Nothing in this title shall be deemed to
limit the authority granted by [chapter 167] subchapter II of
chapter 22 of title 10 or part A of subtitle VII of title 49.
----------
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 employees 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.]
----------
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.]
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