[104th Congress Public Law 293]
[From the U.S. Government Printing Office]
[[Page 110 STAT. 3461]]
Public Law 104-293
104th Congress
An Act
To authorize appropriations for fiscal year 1997 for intelligence and
intelligence-related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes. <<NOTE: Oct.
11, 1996 - [H.R. 3259]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Intelligence
Authorization Act for Fiscal Year 1997.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 1997''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL PROVISIONS
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Limitation on availability of funds for automatic
declassification of records over 25 years old.
Sec. 304. Application of sanctions laws to intelligence activities.
Sec. 305. Expedited naturalization.
Sec. 306. Sense of Congress on enforcement of requirement to protect the
identities of undercover intelligence officers, agents,
informants, and sources.
Sec. 307. Sense of Congress on intelligence community contracting.
Sec. 308. Restrictions on intelligence sharing with the United Nations.
Sec. 309. Prohibition on using journalists as agents or assets.
Sec. 310. Report on policy of intelligence community regarding the
protection of the national information infrastructure against
attack.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
Sec. 401. Elimination of double surcharge on Central Intelligence Agency
relating to employees who retire or resign in fiscal years
1998 or 1999 and who receive voluntary separation incentive
payments.
Sec. 402. Post-employment restrictions.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
Sec. 501. Executive branch oversight of budgets of elements of the
intelligence
community.
TITLE VI--FEDERAL BUREAU OF INVESTIGATION
Sec. 601. Access to telephone records.
[[Page 110 STAT. 3462]]
TITLE VII--COMBATTING PROLIFERATION
Sec. 701. Short title.
Subtitle A--Assessment of Organization and Structure of Government for
Combatting Proliferation
Sec. 711. Establishment of commission.
Sec. 712. Duties of commission.
Sec. 713. Powers of commission.
Sec. 714. Commission personnel matters.
Sec. 715. Termination of commission.
Sec. 716. Definition.
Sec. 717. Payment of commission expenses.
Subtitle B--Other Matters
Sec. 721. Reports on acquisition of technology relating to weapons of
mass
destruction and advanced conventional munitions.
TITLE VIII--RENEWAL AND REFORM OF INTELLIGENCE ACTIVITIES
Sec. 801. Short title.
Sec. 802. Committee on Foreign Intelligence.
Sec. 803. Annual reports on intelligence.
Sec. 804. Transnational threats.
Sec. 805. Overall management of central intelligence.
Sec. 806. National Intelligence Council.
Sec. 807. Enhancement of authority of Director of Central Intelligence
to manage budget, personnel, and activities of intelligence
community.
Sec. 808. Responsibilities of Secretary of Defense pertaining to the
National
Foreign Intelligence Program.
Sec. 809. Improvement of intelligence collection.
Sec. 810. Improvement of analysis and production of intelligence.
Sec. 811. Improvement of administration of intelligence activities.
Sec. 812. Pay level of Deputy Director of Central Intelligence for
Community Management and Assistant Directors of Central
Intelligence.
Sec. 813. General Counsel of the Central Intelligence Agency.
Sec. 814. Assistance for law enforcement agencies by intelligence
community.
Sec. 815. Appointment of officials responsible for intelligence-related
activities.
Sec. 816. Study on the future of intelligence collection.
Sec. 817. Intelligence Reserve Corps.
TITLE IX--FINANCIAL MATTERS
Sec. 901. Authorization of funding provided by 1996 supplemental
appropriations Act.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 1997
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(6) The Department of State.
(7) The Department of Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The Drug Enforcement Administration.
(11) The National Reconnaissance Office.
(12) The National Imagery and Mapping Agency.
[[Page 110 STAT. 3463]]
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Ceilings.--The amounts
authorized to be appropriated under section 101, and the authorized
personnel ceilings as of September 30, 1997, for the conduct of the
intelligence and intelligence-related activities of the elements listed
in such section, are those specified in the classified Schedule of
Authorizations prepared to accompany the conference report on the bill
H.R. 3259 of the One Hundred Fourth Congress.
(b) Availability of Classified Schedule of Authorizations.--The
Schedule of Authorizations shall be made available to the Committees on
Appropriations of the Senate and House of Representatives and to the
President. The President shall provide for suitable distribution of the
Schedule, or of appropriate portions of the Schedule, within the
executive branch.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Adjustments.--With the approval of the Director of
the Office of Management and Budget, the Director of Central
Intelligence may authorize employment of civilian
personnel in excess of the number authorized for fiscal year 1997 under
section 102 when the Director of Central Intelligence determines that
such action is necessary to the performance of important intelligence
functions, except that the number of personnel employed in excess of the
number authorized under such section may not, for any element of the
intelligence community, exceed two percent of the number of civilian
personnel authorized under such section for such element.
(b) Notice to Intelligence Committees.--The Director of Central
Intelligence shall promptly notify the Permanent Select Committee on
Intelligence of the House of Representatives and the Select Committee on
Intelligence of the Senate whenever he exercises the authority granted
by this section.
SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorizations of Appropriations.--There is authorized to be
appropriated for the Community Management Account of the Director of
Central Intelligence for fiscal year 1997 the sum of $131,116,000.
Within such amount, funds identified in the classified Schedule of
Authorizations referred to in section 102(a) for the Advanced Research
and Development Committee shall remain available until September 30,
1998.
(b) Authorized Personnel Levels.--The staff of the Community
Management Account of the Director of Central Intelligence is authorized
303 full-time personnel as of September 30, 1997. Such personnel of the
Community Management Staff may be permanent employees of the Community
Management Staff or personnel detailed from other elements of the United
States Government.
(c) Reimbursement.--During fiscal year 1997, any officer or employee
of the United States or member of the Armed Forces who is detailed to
the staff of the Community Management Account from another element of
the United States Government shall be detailed on a reimbursable basis,
except that any such officer, employee, or member may be detailed on a
non-reimbursable basis for a period of less than one year for the
performance of temporary functions as required by the Director of
Central Intelligence.
[[Page 110 STAT. 3464]]
(d) National <<NOTE: 21 USC 873 note.>> Drug Intelligence Center.--
(1) Of the amount authorized to be appropriated in subsection (a),
$27,000,000 shall be available for the National Drug Intelligence Center
located in Johnstown, Pennsylvania.
(2) The Director of Central Intelligence shall transfer to the
Attorney General funds available for the National Drug Intelligence
Center under paragraph (1). The Attorney General shall utilize funds so
transferred for the activities of the Center.
(3) Amounts available for the Center may not be used in
contravention of the provisions of section 103(d)(1) of the National
Security Act of 1947 (50 U.S.C. 403-3(d)(1)).
(4) Notwithstanding any other provision of law, the Attorney General
shall retain full authority over the operations of the Center.
(e) Environmental Programs.--Of the amount authorized to be
appropriated in subsection (a), $18,000,000 shall be available for the
Environmental Intelligence and Applications Program,
formerly known as the Environmental Task Force, and remain available
until September 30, 1998.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 1997 the sum of
$184,200,000.
TITLE III--GENERAL PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this Act for salary, pay, retirement,
and other benefits for Federal employees may be increased by such
additional or supplemental amounts as may be necessary for increases in
such compensation or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be deemed
to constitute authority for the conduct of any intelligence activity
which is not otherwise authorized by the Constitution or the laws of the
United States.
SEC. 303. LIMITATION ON AVAILABILITY OF FUNDS FOR AUTOMATIC
DECLASSIFICATION OF RECORDS OVER 25 YEARS OLD.
Of the amounts authorized to be appropriated for fiscal year 1997 by
this Act for the National Foreign Intelligence Program, not more than
$27,200,000 shall be available to carry out the provisions of section
3.4 of Executive Order 12958.
SEC. 304. APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE ACTIVITIES.
Section 905 of the National Security Act of 1947 (50 U.S.C. 441d) is
amended by striking out ``on the date which is one year
[[Page 110 STAT. 3465]]
after the date of the enactment of this title'' and inserting in lieu
thereof ``on January 6, 1998''.
SEC. 305. <<NOTE: 8 USC 1427 note.>> EXPEDITED NATURALIZATION.
(a) In General.--With the approval of the Director of Central
Intelligence, the Attorney General, and the Commissioner of Immigration
and Naturalization, an applicant described in subsection (b) and
otherwise eligible for naturalization may be
naturalized without regard to the residence and physical presence
requirements of section 316(a) of the Immigration and Nationality Act,
or to the prohibitions of section 313 of such Act, and no residence
within a particular State or district of the Immigration and
Naturalization Service in the United States shall be required.
(b) Eligible Applicant.--An applicant eligible for naturalization
under this section is the spouse or child of a deceased alien whose
death resulted from the intentional and unauthorized disclosure of
classified information regarding the alien's participation in the
conduct of United States intelligence activities and who--
(1) has resided continuously, after being lawfully admitted
for permanent residence, within the United States for at least
one year prior to naturalization; and
(2) is not described in subparagraph (A), (B), (C), or (D)
of section 243(h)(2) of such Act.
(c) Administration of Oath.--An applicant for naturalization under
this section may be administered the oath of allegiance under section
337(a) of the Immigration and Nationality Act by the Attorney General or
any district court of the United States, without regard to the residence
of the applicant. Proceedings under this subsection shall be conducted
in a manner consistent with the protection of intelligence sources,
methods, and activities.
(d) Definitions.--For purposes of this section--
(1) the term ``child'' means a child as defined in
subparagraphs (A) through (E) of section 101(b)(1) of the
Immigration and Nationality Act, without regard to age or
marital status; and
(2) the term ``spouse'' means the wife or husband of a
deceased alien referred to in subsection (b) who was married to
such alien during the time the alien participated in the conduct
of United States intelligence activities.
SEC. 306. SENSE OF CONGRESS ON ENFORCEMENT OF REQUIREMENT TO PROTECT THE
IDENTITIES OF UNDERCOVER
INTELLIGENCE OFFICERS, AGENTS, INFORMANTS, AND SOURCES.
It is the sense of Congress that title VI of the National Security
Act of 1947 (50 U.S.C. 421 et seq.) (relating to protection of the
identities of undercover intelligence officers, agents, informants, and
sources) should be enforced by the appropriate law enforcement agencies.
SEC. 307. SENSE OF CONGRESS ON INTELLIGENCE COMMUNITY CONTRACTING.
It is the sense of Congress that the Director of Central
Intelligence should continue to 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, should award contracts in a manner
[[Page 110 STAT. 3466]]
that would maximize the procurement of products properly
designated as having been made in the United States.
SEC. 308. RESTRICTIONS ON INTELLIGENCE SHARING WITH THE UNITED NATIONS.
(a) In General.--The National Security Act of 1947 (50 U.S.C. 401 et
seq.) is amended by adding at the end of title I the following new
section:
``restrictions on intelligence sharing with the united nations
``Sec. 110. <<NOTE: President. 50 USC 404d-1.>> (a) Provision of
Intelligence Information to the United Nations.--(1) No United States
intelligence information may be provided to the United Nations or any
organization affiliated with the United Nations, or to any officials or
employees thereof, unless the President certifies to the appropriate
committees of Congress that the Director of Central Intelligence, in
consultation with the Secretary of State and the Secretary of Defense,
has established and implemented procedures, and has worked with the
United Nations to ensure implementation of procedures, for protecting
from unauthorized disclosure United States intelligence sources and
methods connected to such information.
``(2) Paragraph (1) may be waived upon written certification by the
President to the appropriate committees of Congress that providing such
information to the United Nations or an organization affiliated with the
United Nations, or to any officials or employees thereof, is in the
national security interests of the United States.
``(b) Periodic and Special Reports.--(1) The President shall report
semiannually to the appropriate committees of Congress on the types and
volume of intelligence provided to the United Nations and the purposes
for which it was provided during the period covered by the report. The
President shall also report to the appropriate committees of Congress
within 15 days after it has become known to the United States Government
that there has been an unauthorized disclosure of intelligence provided
by the United States to the United Nations.
``(2) The requirement for periodic reports under the first sentence
of paragraph (1) shall not apply to the provision of intelligence that
is provided only to, and for the use of, appropriately cleared United
States Government personnel serving with the United Nations.
``(c) Delegation of Duties.--The President may not delegate or
assign the duties of the President under this section.
``(d) Relationship to Existing Law.--Nothing in this section shall
be construed to--
``(1) impair or otherwise affect the authority of the
Director of Central Intelligence to protect intelligence sources
and
methods from unauthorized disclosure pursuant to section
103(c)(6) of this Act; or
``(2) supersede or otherwise affect the provisions of title
V of this Act.
``(e) Definition.--As used in this section, the term `appropriate
committees of Congress' means the Committee on Foreign Relations and the
Select Committee on Intelligence of the Senate and the Committee on
Foreign Relations and the Permanent Select Committee on Intelligence of
the House of Representatives.''.
[[Page 110 STAT. 3467]]
(b) Clerical Amendment.--The table of contents for the National
Security Act of 1947 is amended by inserting after the item relating to
section 109 the following:
``Sec. 110. Restrictions on intelligence sharing with the United
Nations.''.
SEC. 309. <<NOTE: 50 USC 403-7.>> PROHIBITION ON USING JOURNALISTS AS
AGENTS OR ASSETS.
(a) Policy.--It is the policy of the United States that an
element of the Intelligence Community may not use as an agent or asset
for the purposes of collecting intelligence any individual who--
(1) is authorized by contract or by the issuance of press
credentials to represent himself or herself, either in the
United States or abroad, as a correspondent of a United States
news media organization; or
(2) is officially recognized by a foreign government as a
representative of a United States media organization.
(b) Waiver.--Pursuant <<NOTE: President.>> to such procedures as the
President may prescribe, the President or the Director of Central
Intelligence may waive subsection (a) in the case of an individual if
the President or the Director, as the case may be, makes a written
determination that the waiver is necessary to address the overriding
national security interest of the United States. The Permanent Select
Committee on Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate shall be notified of any waiver
under this subsection.
(c) Voluntary Cooperation.--Subsection (a) shall not be
construed to prohibit the voluntary cooperation of any person who is
aware that the cooperation is being provided to an element of the United
States Intelligence Community.
SEC. 310. REPORT ON POLICY OF INTELLIGENCE COMMUNITY
REGARDING THE PROTECTION OF THE NATIONAL
INFORMATION INFRASTRUCTURE AGAINST ATTACK.
(a) Report.--(1) Not later than 120 days after the date of the
enactment of this Act, the Director of Central Intelligence shall submit
to Congress a report on the potential responses of the intelligence
community to threats to and attacks upon the information infrastructure
of the United States by foreign countries, groups, or individuals, or by
other entities, groups, or individuals.
(2) The report shall include the following:
(A) An analysis of the threats posed to the information
infrastructure of the United States by information warfare and
other forms of non-traditional attacks on the infrastructure by
foreign countries, groups, or individuals, or by other entities,
groups, or individuals.
(B) A description and assessment of the counterintelligence
activities required to respond to such threats, including the
plans of the intelligence community to support such activities.
(b) Definitions.--For purposes of this section:
(1) The term ``intelligence community'' has the meaning
given such term in section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)).
(2) The term ``information infrastructure of the United
States'' includes the information infrastructure of the public
sector and of the private sector.
[[Page 110 STAT. 3468]]
TITLE IV--CENTRAL INTELLIGENCE AGENCY
SEC. 401. ELIMINATION OF DOUBLE SURCHARGE ON CENTRAL
INTELLIGENCE AGENCY RELATING TO EMPLOYEES WHO RETIRE OR
RESIGN IN FISCAL YEARS 1998 OR 1999 AND WHO RECEIVE
VOLUNTARY SEPARATION INCENTIVE PAYMENTS.
Section 2(i) of the Central Intelligence Agency Voluntary Separation
Pay Act (50 U.S.C. 403-4 note) is amended by adding at the end the
following: ``The remittance required by this subsection shall be in lieu
of any remittance required by section 4(a) of the Federal Workforce
Restructuring Act of 1994 (5 U.S.C. 8331 note).''.
SEC. 402. <<NOTE: 50 USC 403-4 note.>> POST-EMPLOYMENT RESTRICTIONS.
(a) In <<NOTE: Regulations.>> General.--Not later than 90 days after
the date of enactment of this Act, the Director of Central Intelligence
shall prescribe regulations requiring each employee of the Central
Intelligence Agency designated by the Director for such purpose to sign
a written agreement restricting the activities of the employee upon
ceasing employment with the Central Intelligence Agency. The Director
may designate a group or class of employees for such purpose.
(b) Agreement Elements.--The regulations shall provide that an
agreement contain provisions specifying that the employee
concerned not represent or advise the government, or any political
party, of any foreign country during the three-year period beginning on
the cessation of the employee's employment with the Central Intelligence
Agency unless the Director determines that such representation or advice
would be in the best interests of the United States.
(c) Disciplinary Actions.--The regulations shall specify appropriate
disciplinary actions (including loss of retirement benefits) to be taken
against any employee determined by the Director of Central Intelligence
to have violated the agreement of the employee under this section.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
SEC. 501. EXECUTIVE BRANCH OVERSIGHT OF BUDGETS OF ELEMENTS OF THE
INTELLIGENCE COMMUNITY.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the President shall submit to the appropriate congressional
committees a report setting forth the actions that have been taken to
ensure adequate oversight by the executive branch of the budget of the
National Reconnaissance Office and the budgets of other elements of the
intelligence community within the Department of Defense.
(b) Report Elements.--The report required by subsection
(a) shall--
(1) describe the extent to which the elements of the
intelligence community carrying out programs and activities in
the National Foreign Intelligence Program are subject to
[[Page 110 STAT. 3469]]
requirements imposed on other elements and components of the
Department of Defense under the Chief Financial Officers Act of
1990 (Public Law 101-576), and the amendments made by that Act,
and the Federal Financial Management Act of 1994 (title IV of
Public Law 103-356), and the amendments made by that Act;
(2) describe the extent to which such elements submit to the
Office of Management and Budget budget justification materials
and execution reports similar to the budget justification
materials and execution reports submitted to the Office of
Management and Budget by the non-intelligence components of the
Department of Defense;
(3) describe the extent to which the National Reconnaissance
Office submits to the Office of Management and Budget, the
Community Management Staff, and the Office of the Secretary of
Defense--
(A) complete information on the cost, schedule,
performance, and requirements for any new major
acquisition before initiating the acquisition;
(B) yearly reports (including baseline cost and
schedule information) on major acquisitions;
(C) planned and actual expenditures in connection
with major acquisitions; and
(D) variances from any cost baselines for major
acquisitions (including explanations of such variances);
and
(4) assess the extent to which the National Reconnaissance
Office has submitted to Office of Management and Budget, the
Community Management Staff, and the Office of the Secretary of
Defense on a monthly basis a detailed budget execution report
similar to the budget execution report prepared for Department
of Defense programs.
(c) Definitions.--For purposes of this section:
(1) The term ``appropriate congressional committees'' means
the following:
(A) The Select Committee on Intelligence and the
Committee on Armed Services of the Senate.
(B) The Permanent Select Committee on Intelligence
and the Committee on National Security of the House of
Representatives.
(2) The term ``National Foreign Intelligence Program'' has
the meaning given such term in section 3(6) of the National
Security Act of 1947 (50 U.S.C. 401a(6)).
TITLE VI--FEDERAL BUREAU OF INVESTIGATION
SEC. 601. ACCESS TO TELEPHONE RECORDS.
(a) Access for Counterintelligence Purposes.--Section 2709(b)(1) of
title 18, United States Code, is amended by inserting ``local and long
distance'' before ``toll billing records''.
(b) Conforming Amendment.--Section 2703(c)(1)(C) of such title is
amended by inserting ``local and long distance'' after ``address,''.
(c) Civil Remedy.--Section 2707 of such title is amended--
(1) in subsection (a), by striking out ``customer'' and
inserting in lieu thereof ``other person'';
[[Page 110 STAT. 3470]]
(2) in subsection (c), by adding at the end the following:
``If the violation is willful or intentional, the court may
assess punitive damages. In the case of a successful action to
enforce liability under this section, the court may assess the
costs of the action, together with reasonable attorney fees
determined by the court.'';
(3) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(4) by inserting after subsection (c) the following new
subsection (d):
``(d) Disciplinary Actions for Violations.--If a court determines
that any agency or department of the United States has violated this
chapter and the court finds that the circumstances surrounding the
violation raise the question whether or not an officer or employee of
the agency or department acted willfully or intentionally with respect
to the violation, the agency or department concerned shall promptly
initiate a proceeding to determine whether or not disciplinary action is
warranted against the officer or employee.''.
TITLE <<NOTE: Combatting Proliferation of Weapons of Mass Destruction
Act of 1996.>> VII--COMBATTING PROLIFERATION
<<NOTE: 50 USC 2301 note.>> SEC. 701. SHORT TITLE.
This title may be cited as the ``Combatting Proliferation of Weapons
of Mass Destruction Act of 1996''.
Subtitle <<NOTE: 50 USC 2351 note.>> A--Assessment of Organization and
Structure of Government for Combatting Proliferation
SEC. 711. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known as
the Commission to Assess the Organization of the Federal Government to
Combat the Proliferation of Weapons of Mass Destruction (in this
subtitle referred to as the ``Commission'').
(b) Membership.--The Commission shall be composed of eight members
of whom--
(1) four shall be appointed by the President;
(2) one shall be appointed by the Majority Leader of the
Senate;
(3) one shall be appointed by the Minority Leader of the
Senate;
(4) one shall be appointed by the Speaker of the House of
Representatives; and
(5) one shall be appointed by the Minority Leader of the
House of Representatives.
(c) Qualifications of Members.--(1) To the maximum extent
practicable, the individuals appointed as members of the Commission
shall be individuals who are nationally recognized for expertise
regarding--
(A) the nonproliferation of weapons of mass destruction;
[[Page 110 STAT. 3471]]
(B) the efficient and effective implementation of United
States nonproliferation policy; or
(C) the implementation, funding, or oversight of the
national security policies of the United States.
(2) An official who appoints members of the Commission may not
appoint an individual as a member if, in the judgment of the official,
the individual possesses any personal or financial interest in the
discharge of any of the duties of the Commission.
(d) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(e) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold its first meeting.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(g) Chairman and Vice Chairman.--The Commission shall select a
Chairman and Vice Chairman from among its members.
(h) Meetings.--The Commission shall meet at the call of the
Chairman.
SEC. 712. DUTIES OF COMMISSION.
(a) Study.--
(1) In general.--The Commission shall carry out a
thorough study of the organization of the Federal Government,
including the elements of the intelligence community, with
respect to combatting the proliferation of weapons of mass
destruction.
(2) Specific requirements.--In carrying out the study, the
Commission shall--
(A) assess the current structure and organization of
the departments and agencies of the Federal Government
having responsibilities for combatting the proliferation
of weapons of mass destruction; and
(B) assess the effectiveness of United States
cooperation with foreign governments with respect to
nonproliferation activities, including cooperation--
(i) between elements of the intelligence
community and elements of the intelligence-
gathering services of foreign governments;
(ii) between other departments and agencies of
the Federal Government and the counterparts to
such departments and agencies in foreign
governments; and
(iii) between the Federal Government and
international organizations.
(3) Assessments.--In making the assessments under paragraph
(2), the Commission should address--
(A) the organization of the export control
activities (including licensing and enforcement
activities) of the Federal Government relating to the
proliferation of weapons of mass destruction;
(B) arrangements for coordinating the funding of
United States nonproliferation activities;
(C) existing arrangements governing the flow of
information among departments and agencies of the
[[Page 110 STAT. 3472]]
Federal Government responsible for nonproliferation
activities;
(D) the effectiveness of the organization and
function of interagency groups in ensuring
implementation of United States treaty obligations,
laws, and policies with respect to nonproliferation;
(E) the administration of sanctions for purposes of
nonproliferation, including the measures taken by
departments and agencies of the Federal Government to
implement, assess, and enhance the effectiveness of such
sanctions;
(F) the organization, management, and oversight of
United States counterproliferation activities;
(G) the recruitment, training, morale, expertise,
retention, and advancement of Federal Government
personnel responsible for the nonproliferation functions
of the Federal Government, including any problems in
such activities;
(H) the role in United States nonproliferation
activities of the National Security Council, the Office
of Management and Budget, the Office of Science and
Technology Policy, and other offices in the Executive
Office of the President having responsibilities for such
activities;
(I) the organization of the activities of the
Federal Government to verify government-to-government
assurances and commitments with respect to
nonproliferation, including assurances regarding the
future use of commodities exported from the United
States; and
(J) the costs and benefits to the United States of
increased centralization and of decreased centralization
in the administration of the nonproliferation activities
of the Federal Government.
(b) Recommendations.--In conducting the study, the Commission shall
develop recommendations on means of improving the effectiveness of the
organization of the departments and agencies of the Federal Government
in meeting the national security interests of the United States with
respect to the proliferation of weapons of mass destruction. Such
recommendations shall include specific recommendations to eliminate
duplications of effort, and other inefficiencies, in and among such
departments and
agencies.
(c) Report.--(1) Not later than 18 months after the date of the
enactment of this Act, the Commission shall submit to Congress a report
containing a detailed statement of the findings and conclusions of the
Commission, together with its recommendations for such legislation and
administrative actions as it considers appropriate.
(2) The report shall be submitted in unclassified form, but may
include a classified annex.
SEC. 713. POWERS OF COMMISSION.
(a) Hearings.--The Commission may hold such hearings, sit and act at
such times and places, take such testimony, and receive such evidence as
the Commission considers advisable to carry out the purposes of this
subtitle.
(b) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly from any
Federal department or agency such information as the
[[Page 110 STAT. 3473]]
Commission considers necessary to carry out the provisions of
this subtitle. Upon request of the Chairman of the Commission,
the head of such department or agency shall furnish such
information to the Commission.
(2) Classified information.--A department or agency may
furnish the Commission classified information under this
subsection. The Commission shall take appropriate actions to
safeguard classified information furnished to the Commission
under this paragraph.
(c) Postal Services.--The Commission may use the United States mails
in the same manner and under the same conditions as other departments
and agencies of the Federal Government.
(d) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
SEC. 714. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation in addition to that received for their services as officers
or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57 of
title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Commission.
(c) Staff.--
(1) In general.--The Chairman of the Commission may, without
regard to the civil service laws and regulations, appoint and
terminate an executive director and such other additional
personnel as may be necessary to enable the Commission to
perform its duties. The employment of an executive director
shall be subject to confirmation by the Commission.
(2) Compensation.--The Chairman of the Commission may fix
the compensation of the executive director and other
personnel without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule pay
rates, except that the rate of pay for the executive director
and other personnel may not exceed the rate payable for level V
of the Executive Schedule under section 5316 of such title.
(d) Detail of Government Employees.--Any Federal Government employee
may be detailed to the Commission without reimbursement, and such detail
shall be without interruption or loss of civil service status or
privilege.
(e) Procurement of Temporary and Intermittent
Services.--The Chairman of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5, United States
Code, at rates for individuals which do not exceed the daily equivalent
of the annual rate of basic pay prescribed
[[Page 110 STAT. 3474]]
for level V of the Executive Schedule under section 5316 of such title.
SEC. 715. TERMINATION OF COMMISSION.
The Commission shall terminate 60 days after the date on which the
Commission submits its report under section 712(c).
SEC. 716. DEFINITION.
For purposes of this subtitle, the term ``intelligence community''
shall have the meaning given such term in section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4)).
SEC. 717. PAYMENT OF COMMISSION EXPENSES.
The compensation, travel expenses, per diem allowances of members
and employees of the Commission, and other expenses of the Commission
shall be paid out of funds available to the Director of Central
Intelligence for the payment of compensation, travel allowances, and per
diem allowances, respectively, of
employees of the Central Intelligence Agency.
Subtitle B--Other Matters
SEC. 721. <<NOTE: 50 USC 2366.>> REPORTS ON ACQUISITION OF TECHNOLOGY
RELATING TO WEAPONS OF MASS DESTRUCTION AND ADVANCED
CONVENTIONAL MUNITIONS.
(a) Reports.--Not later than 6 months after the date of the
enactment of this Act, and every 6 months thereafter, the Director of
Central Intelligence shall submit to Congress a report on--
(1) the acquisition by foreign countries during the
preceding 6 months of dual-use and other technology useful for
the development or production of weapons of mass destruction
(including nuclear weapons, chemical weapons, and biological
weapons) and advanced conventional munitions; and
(2) trends in the acquisition of such technology by such
countries.
(b) Form of Reports.--The reports submitted under subsection (a)
shall be submitted in unclassified form, but may include a classified
annex.
TITLE <<NOTE: Intelligence Renewal and Reform Act of 1996.>> VIII--
RENEWAL AND REFORM OF INTELLIGENCE ACTIVITIES
SEC. 801. <<NOTE: 50 USC 401 note.>> SHORT TITLE.
This title may be cited as the ``Intelligence Renewal and Reform Act
of 1996''.
SEC. 802. COMMITTEE ON FOREIGN INTELLIGENCE.
Section 101 of the National Security Act of 1947 (50 U.S.C. 402) is
amended--
(1) by redesignating subsection (h) as subsection (j); and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h)(1) <<NOTE: Establishment.>> There is established within the
National Security
Council a committee to be known as the Committee on Foreign Intelligence
(in this subsection referred to as the `Committee').
``(2) The Committee shall be composed of the following:
[[Page 110 STAT. 3475]]
``(A) The Director of Central Intelligence.
``(B) The Secretary of State.
``(C) The Secretary of Defense.
``(D) The Assistant to the President for National Security
Affairs, who shall serve as the chairperson of the Committee.
``(E) Such other members as the President may designate.
``(3) The function of the Committee shall be to assist the Council
in its activities by--
``(A) identifying the intelligence required to address the
national security interests of the United States as specified by
the President;
``(B) establishing priorities (including funding priorities)
among the programs, projects, and activities that address such
interests and requirements; and
``(C) establishing policies relating to the conduct of
intelligence activities of the United States, including
appropriate roles and missions for the elements of the
intelligence community and appropriate targets of intelligence
collection activities.
``(4) In carrying out its function, the Committee shall--
``(A) conduct an annual review of the national security
interests of the United States;
``(B) identify on an annual basis, and at such other times
as the Council may require, the intelligence required to meet
such interests and establish an order of priority for the
collection and analysis of such intelligence; and
``(C) conduct an annual review of the elements of the
intelligence community in order to determine the success of such
elements in collecting, analyzing, and disseminating the
intelligence identified under subparagraph (B).
``(5) The Committee shall submit each year to the Council and to the
Director of Central Intelligence a comprehensive report on its
activities during the preceding year, including its activities under
paragraphs (3) and (4).''.
SEC. 803. ANNUAL REPORTS ON INTELLIGENCE.
(a) In General.--Section 109 of the National Security Act of 1947
(50 U.S.C. 404d) is amended by striking out subsections (a) and (b) and
inserting in lieu thereof the following new subsections:
``Sec. 109. <<NOTE: President.>> (a) In General.--(1) Not later than
January 31 each year, the President shall submit to the appropriate
congressional committees a report on the requirements of the United
States for intelligence and the activities of the intelligence
community.
``(2) The purpose of the report is to facilitate an assessment of
the activities of the intelligence community during the preceding fiscal
year and to assist in the development of a mission and a budget for the
intelligence community for the fiscal year beginning in the year in
which the report is submitted.
``(3) The report shall be submitted in unclassified form, but may
include a classified annex.
``(b) Matters Covered.--(1) Each report under subsection
(a) shall--
``(A) specify the intelligence required to meet the national
security interests of the United States, and set forth an order
of priority for the collection and analysis of intelligence
required to meet such interests, for the fiscal year beginning
in the year in which the report is submitted; and
[[Page 110 STAT. 3476]]
``(B) evaluate the performance of the intelligence community
in collecting and analyzing intelligence required to meet such
interests during the fiscal year ending in the year
preceding the year in which the report is submitted, including a
description of the significant successes and significant
failures of the intelligence community in such collection and
analysis during that fiscal year.
``(2) The report shall specify matters under paragraph (1)(A) in
sufficient detail to assist Congress in making decisions with respect to
the allocation of resources for the matters specified.
``(c) Definition.--In this section, the term `appropriate
congressional committees' means the following:
``(1) The Select Committee on Intelligence, the Committee on
Appropriations, and the Committee on Armed Services of the
Senate.
``(2) The Permanent Select Committee on Intelligence, the
Committee on Appropriations, and the Committee on National
Security of the House of Representatives.''.
(b) Conforming Amendments.--(1) The section heading of such section
is amended to read as follows:
``annual report on intelligence''.
(2) The table of contents for the Act is amended by striking out the
item relating to section 109 and inserting in lieu thereof the following
new item:
``Sec. 109. Annual report on intelligence.''.
SEC. 804. TRANSNATIONAL THREATS.
Section 101 of the National Security Act of 1947 (50 U.S.C. 402) is
amended by inserting after subsection (h), as amended by section 802 of
this Act, the following new subsection:
``(i)(1) There is established within the National Security Council a
committee to be known as the Committee on Transnational Threats (in this
subsection referred to as the `Committee').
``(2) The Committee shall include the following members:
``(A) The Director of Central Intelligence.
``(B) The Secretary of State.
``(C) The Secretary of Defense.
``(D) The Attorney General.
``(E) The Assistant to the President for National Security
Affairs, who shall serve as the chairperson of the Committee.
``(F) Such other members as the President may designate.
``(3) The function of the Committee shall be to coordinate and
direct the activities of the United States Government relating to
combatting transnational threats.
``(4) In carrying out its function, the Committee shall--
``(A) identify transnational threats;
``(B) develop strategies to enable the United States
Government to respond to transnational threats identified under
subparagraph (A);
``(C) monitor implementation of such strategies;
``(D) make recommendations as to appropriate responses to
specific transnational threats;
``(E) assist in the resolution of operational and policy
differences among Federal departments and agencies in their
responses to transnational threats;
[[Page 110 STAT. 3477]]
``(F) develop policies and procedures to ensure the
effective sharing of information about transnational threats
among
Federal departments and agencies, including law enforcement
agencies and the elements of the intelligence community; and
``(G) develop guidelines to enhance and improve the
coordination of activities of Federal law enforcement agencies
and elements of the intelligence community outside the United
States with respect to transnational threats.
``(5) For purposes of this subsection, the term `transnational
threat' means the following:
``(A) Any transnational activity (including international
terrorism, narcotics trafficking, the proliferation of weapons
of mass destruction and the delivery systems for such weapons,
and organized crime) that threatens the national security of the
United States.
``(B) Any individual or group that engages in an activity
referred to in subparagraph (A).''.
SEC. 805. OVERALL MANAGEMENT OF CENTRAL INTELLIGENCE.
(a) Office of the Director of Central Intelligence.--Title I of the
National Security Act of 1947 (50 U.S.C. 402 et seq.) is amended by
striking out section 102 <<NOTE: 50 USC 403.>> and inserting in lieu
thereof the following new section 102:
``office of the director of central intelligence
``Sec. 102. (a) Director of Central Intelligence.--There is 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--
``(1) serve as head of the United States intelligence
community;
``(2) act as the principal adviser to the President for
intelligence matters related to the national security; and
``(3) serve as head of the Central Intelligence Agency.
``(b) Deputy Directors of Central Intelligence.--(1) There is a
Deputy Director of Central Intelligence who shall be appointed by the
President, by and with the advice and consent of the Senate.
``(2) There is a Deputy Director of Central Intelligence for
Community Management who shall be appointed by the President, by and
with the advice and consent of the Senate.
``(3) Each Deputy Director of Central Intelligence shall have
extensive national security expertise.
``(c) Military Status of Director and Deputy Directors.--(1)(A) Not
more than one of the individuals serving in the positions specified in
subparagraph (B) may be a commissioned officer of the Armed Forces,
whether in active or retired status.
``(B) The positions referred to in subparagraph (A) are the
following:
``(i) The Director of Central Intelligence.
``(ii) The Deputy Director of Central Intelligence.
``(iii) The Deputy Director of Central Intelligence for
Community Management.
``(2) It is the sense of Congress that, under ordinary
circumstances, it is desirable that one of the individuals serving in
the positions specified in paragraph (1)(B)--
``(A) be a commissioned officer of the Armed Forces, whether
in active or retired status; or
[[Page 110 STAT. 3478]]
``(B) have, by training or experience, an appreciation of
military intelligence activities and requirements.
``(3) A commissioned officer of the Armed Forces, while serving in a
position specified in paragraph (1)(B)--
``(A) shall not be subject to supervision or control by the
Secretary of Defense or by any officer or employee of the
Department of Defense;
``(B) 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
``(C) 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.
``(4) Except as provided in subparagraph (A) or (B) of paragraph
(3), the appointment of an officer of the Armed Forces to a position
specified in paragraph (1)(B) 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.
``(5) A commissioned officer of the Armed Forces on active duty who
is appointed to a position specified in paragraph (1)(B), 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 such position. Funds from which such pay and allowances
are paid shall be reimbursed from funds available to the Director of
Central Intelligence.
``(d) Duties of Deputy Directors.--(1)(A) The Deputy Director of
Central Intelligence shall assist the Director of Central Intelligence
in carrying out the Director's responsibilities under this Act.
``(B) 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 the position of
the Director of Central Intelligence.
``(2) The Deputy Director of Central Intelligence for Community
Management shall, subject to the direction of the Director of Central
Intelligence, be responsible for the following:
``(A) Directing the operations of the Community Management
Staff.
``(B) Through the Assistant Director of Central Intelligence
for Collection, ensuring the efficient and effective collection
of national intelligence using technical means and human
sources.
``(C) Through the Assistant Director of Central Intelligence
for Analysis and Production, conducting oversight of the
analysis and production of intelligence by elements of the
intelligence community.
``(D) Through the Assistant Director of Central Intelligence
for Administration, performing community-wide management
functions of the intelligence community, including the
management of personnel and resources.
``(3)(A) The Deputy Director of Central Intelligence takes
precedence in the Office of the Director of Central Intelligence
immediately after the Director of Central Intelligence.
[[Page 110 STAT. 3479]]
``(B) The Deputy Director of Central Intelligence for Community
Management takes precedence in the Office of the Director of Central
Intelligence immediately after the Deputy Director
of Central Intelligence.
``(e) Office of the Director of Central Intelligence.--(1) There is
an Office of the Director of Central Intelligence. The function of the
Office is to assist the Director of Central Intelligence in carrying out
the duties and responsibilities of the Director under this Act and to
carry out such other duties as may be prescribed by law.
``(2) The Office of the Director of Central Intelligence is composed
of the following:
``(A) The Director of Central Intelligence.
``(B) The Deputy Director of Central Intelligence.
``(C) The Deputy Director of Central Intelligence for
Community Management.
``(D) The National Intelligence Council.
``(E) The Assistant Director of Central Intelligence for
Collection.
``(F) The Assistant Director of Central Intelligence for
Analysis and Production.
``(G) The Assistant Director of Central Intelligence for
Administration.
``(H) Such other offices and officials as may be established
by law or the Director of Central Intelligence may establish or
designate in the Office.
``(3) To assist the Director in fulfilling the responsibilities of
the Director as head of the intelligence community, the Director shall
employ and utilize in the Office of the Director of Central Intelligence
a professional staff having an expertise in matters relating to such
responsibilities and may establish permanent positions and appropriate
rates of pay with respect to that staff.''.
(b) Central Intelligence Agency.--Title I of the National Security
Act of 1947 (50 U.S.C. 402 et seq.) is amended by inserting after
section 102, as amended by subsection (a), the following new section:
``central intelligence agency
``Sec. 102A. <<NOTE: 50 USC 403-1.>> There is a Central Intelligence
Agency. The
function of the Agency shall be to assist the Director of Central
Intelligence in carrying out the responsibilities referred to in
paragraphs (1) through (5) of section 103(d) of this Act.''.
(c) Clerical Amendment.--The table of contents for that Act is
amended by striking out the item relating to section 102 and inserting
in lieu thereof the following new items:
``Sec. 102. Office of the Director of Central Intelligence.
``Sec. 102A. Central Intelligence Agency.''.
SEC. 806. NATIONAL INTELLIGENCE COUNCIL.
Section 103(b) of the National Security Act of 1947 (50 U.S.C. 403-
3(b)) is amended--
(1) in paragraph (1)(B), by inserting ``, or as contractors
of the Council or employees of such contractors,'' after ``on
the Council'';
(2) in paragraph (2)--
(A) by striking out ``and'' at the end of sub-
paragraph (A);
[[Page 110 STAT. 3480]]
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following new subparagraph (B):
``(B) evaluate community-wide collection and production of
intelligence by the intelligence community and the requirements
and resources of such collection and production; and'';
(3) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively;
(4) by inserting after paragraph (3) the following new
paragraph (4):
``(4) Subject to the direction and control of the Director of
Central Intelligence, the Council may carry out its responsibilities
under this subsection by contract, including contracts for substantive
experts necessary to assist the Council with particular assessments
under this subsection.''; and
(5) in paragraph (5), as so redesignated, by adding at the
end the following: ``The Council shall also be readily
accessible to policymaking officials and other appropriate
individuals not otherwise associated with the intelligence
community.''.
SEC. 807. ENHANCEMENT OF AUTHORITY OF DIRECTOR OF CENTRAL INTELLIGENCE
TO MANAGE BUDGET, PERSONNEL, AND ACTIVITIES OF INTELLIGENCE
COMMUNITY.
(a) In General.--Section 103(c) of the National Security Act of 1947
(50 U.S.C. 403-3(c)) is amended--
(1) by striking out paragraph (1) and inserting in lieu
thereof the following new paragraph (1):
``(1) facilitate the development of an annual budget for
intelligence and intelligence-related activities of the United
States by--
``(A) developing and presenting to the President an
annual budget for the National Foreign Intelligence
Program; and
``(B) participating in the development by the
Secretary of Defense of the annual budgets for the Joint
Military Intelligence Program and the Tactical
Intelligence and Related Activities Program;'';
(2) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively; and
(3) by inserting after paragraph (2) the following new
paragraph (3):
``(3) 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;''.
(b) Use of Funds.--Section 104(c) of the National Security Act of
1947 (50 U.S.C. 403-4(c)) is amended by adding at the end the following:
``The Secretary of Defense shall consult with the Director of Central
Intelligence before reprogramming funds made available under the Joint
Military Intelligence Program.''.
(c) Periodic <<NOTE: Guidelines. 50 USC 403-3 note.>> Reports on
Expenditures.--Not later than
January 1, 1997, the Director of Central Intelligence and the Secretary
of Defense shall prescribe guidelines to ensure prompt reporting to the
Director and the Secretary on a periodic basis of budget
[[Page 110 STAT. 3481]]
execution data for all national, defense-wide, and tactical intelligence
activities.
(d) Database <<NOTE: 50 USC 403-3 note.>> Program Tracking.--Not
later than January 1, 1999, the Director of Central Intelligence and the
Secretary of Defense shall develop and implement a database to provide
timely and accurate information on the amounts, purposes, and status of
the resources, including periodic budget execution updates, for all
national, defense-wide, and tactical intelligence activities.
(e) Personnel, <<NOTE: 50 USC 403-4 note.>> Training, and
Administrative Activities.--Not later than January 31 of each year
through 1999, the Director of Central Intelligence shall submit to the
Select Committee on Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of Representatives a report on
the policies and programs the Director has instituted under subsection
(f) of section 104 of the National Security Act of 1947.
SEC. 808. RESPONSIBILITIES OF SECRETARY OF DEFENSE PERTAINING TO THE
NATIONAL FOREIGN INTELLIGENCE PROGRAM.
Section 105 of the National Security Act of 1947 (50 U.S.C. 403-5)
is amended--
(1) in subsection (a), by inserting ``, in consultation with
the Director of Central Intelligence,'' after ``Secretary of
Defense'' in the matter preceding paragraph (1); and
(2) by adding at the end the following:
``(d) Annual Evaluation of the Director of Central Intelligence.--
The Director of Central Intelligence, in consultation with the Secretary
of Defense and the Chairman of the Joint Chiefs of Staff, shall submit
each year to the Committee on Foreign Intelligence of the National
Security Council and the appropriate congressional committees (as
defined in section 109(c) of this Act) an evaluation of the performance
and the responsiveness of the National Security Agency, the National
Reconnaissance Office, and the National Imagery and Mapping Agency in
meeting their national missions.''.
SEC. 809. IMPROVEMENT OF INTELLIGENCE COLLECTION.
(a) Assistant Director of Central Intelligence for Collection.--
Section 102 of the National Security Act of 1947, as amended by section
805(a) of this Act, is further amended by adding at the end the
following:
``(f) Assistant Director of Central Intelligence for Collection.--
(1) To assist the Director of Central Intelligence in carrying out the
Director's responsibilities under this Act, there shall be an Assistant
Director of Central Intelligence for Collection who shall be appointed
by the President, by and with the advice and consent of the Senate.
``(2) The Assistant Director for Collection shall assist the
Director of Central Intelligence in carrying out the Director's
collection responsibilities in order to ensure the efficient and
effective collection of national intelligence.''.
(b) Consolidation of 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
[[Page 110 STAT. 3482]]
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.
SEC. 810. IMPROVEMENT OF ANALYSIS AND PRODUCTION OF
INTELLIGENCE.
Section 102 of the National Security Act of 1947, as amended by
section 809(a) of this Act, is further amended by adding at the end the
following:
``(g) Assistant Director of Central Intelligence for Analysis and
Production.--(1) To assist the Director of Central Intelligence in
carrying out the Director's responsibilities under this Act, there shall
be an Assistant Director of Central Intelligence for Analysis and
Production who shall be appointed by the
President, by and with the advice and consent of the Senate.
``(2) The Assistant Director for Analysis and Production shall--
``(A) oversee the analysis and production of intelligence by
the elements of the intelligence community;
``(B) establish standards and priorities relating to such
analysis and production;
``(C) monitor the allocation of resources for the analysis
and production of intelligence in order to identify unnecessary
duplication in the analysis and production of intelligence;
``(D) identify intelligence to be collected for purposes of
the Assistant Director of Central Intelligence for Collection;
and
``(E) provide such additional analysis and production of
intelligence as the President and the National Security Council
may require.''.
SEC. 811. IMPROVEMENT OF ADMINISTRATION OF INTELLIGENCE ACTIVITIES.
Section 102 of the National Security Act of 1947, as amended by
section 810 of this Act, is further amended by adding at the end the
following:
``(h) Assistant Director of Central Intelligence for
Administration.--(1) To assist the Director of Central Intelligence in
carrying out the Director's responsibilities under this Act, there shall
be an Assistant Director of Central Intelligence for Administration who
shall be appointed by the President, by and with the advice and consent
of the Senate.
``(2) The Assistant Director for Administration shall manage such
activities relating to the administration of the intelligence community
as the Director of Central Intelligence shall require.''.
SEC. 812. PAY LEVEL OF DEPUTY DIRECTOR OF CENTRAL
INTELLIGENCE FOR COMMUNITY MANAGEMENT AND ASSISTANT
DIRECTORS OF CENTRAL INTELLIGENCE.
(a) Executive Schedule III Pay Level.--Section 5314 of title 5,
United States Code, is amended by striking out item the relating to the
Deputy Director of Central Intelligence and inserting in lieu thereof
the following:
``Deputy Directors of Central Intelligence (2).''.
(b) Executive Schedule IV Pay Level.--Section 5315 of
title 5, United States Code, is amended by adding at the end the
following:
[[Page 110 STAT. 3483]]
``Assistant Directors of Central Intelligence (3).''.
SEC. 813. GENERAL COUNSEL OF THE CENTRAL INTELLIGENCE AGENCY.
(a) In General.--The Central Intelligence Agency Act of 1949 (50
U.S.C. 403a et seq.) is amended by adding at the end the following:
``general counsel of the central intelligence agency
``Sec. 20. <<NOTE: 50 USC 403t.>> (a) There is a General Counsel of
the Central Intelligence Agency, appointed from civilian life by the
President, by and with the advice and consent of the Senate.
``(b) The General Counsel is the chief legal officer of the Central
Intelligence Agency.
``(c) The General Counsel of the Central Intelligence Agency shall
perform such functions as the Director of Central Intelligence may
prescribe.''.
(b) Applicability <<NOTE: 50 USC 403t note.>> of Appointment
Requirements.--The requirement established by section 20 of the Central
Intelligence Agency Act of 1949, as added by subsection (a), for the
appointment by the President, by and with the advice and consent of the
Senate, of an individual to the position of General Counsel of the
Central Intelligence Agency shall apply as follows:
(1) To any vacancy in such position that occurs after the
date of the enactment of this Act.
(2) To the incumbent serving in such position on the date of
the enactment of this Act as of the date that is six months
after such date of enactment, if such incumbent has served in
such position continuously between such date of enactment and
the date that is six months after such date of enactment.
(c) Executive Schedule IV Pay Level.--Section 5315 of title 5,
United States Code, as amended by section 812 of this Act, is further
amended by adding at the end the following:
``General Counsel of the Central Intelligence Agency.''.
SEC. 814. ASSISTANCE FOR LAW ENFORCEMENT AGENCIES BY
INTELLIGENCE COMMUNITY.
(a) In General.--Title I of the National Security Act of 1947 (50
U.S.C. 402 et seq.) is amended by inserting after section 105 the
following new section:
``assistance to united states law enforcement agencies
``Sec. 105A. <<NOTE: 50 USC 403-5a.>> (a) Authority To Provide
Assistance.--Subject to subsection (b), elements of the intelligence
community may, upon the request of a United States law enforcement
agency, collect information outside the United States about individuals
who are not United States persons. Such elements may collect such
information notwithstanding that the law enforcement agency intends to
use the information collected for purposes of a law enforcement
investigation or counterintelligence investigation.
``(b) Limitation on Assistance by Elements of Department of
Defense.--(1) With respect to elements within the Department of Defense,
the authority in subsection (a) applies only to the following:
``(A) The National Security Agency.
``(B) The National Reconnaissance Office.
``(C) The National Imagery and Mapping Agency.
[[Page 110 STAT. 3484]]
``(D) The Defense Intelligence Agency.
``(2) Assistance provided under this section by elements of the
Department of Defense may not include the direct participation of a
member of the Army, Navy, Air Force, or Marine Corps in an arrest or
similar activity.
``(3) Assistance may not be provided under this section by an
element of the Department of Defense if the provision of such assistance
will adversely affect the military preparedness of the United States.
``(4) <<NOTE: Regulations.>> The Secretary of Defense shall
prescribe regulations governing the exercise of authority under this
section by elements of the Department of Defense, including regulations
relating to the protection of sources and methods in the exercise of
such authority.
``(c) Definitions.--For purposes of subsection (a):
``(1) The term `United States law enforcement agency' means
any department or agency of the Federal Government that the
Attorney General designates as law enforcement agency for
purposes of this section.
``(2) The term `United States person' means the following:
``(A) A United States citizen.
``(B) An alien known by the intelligence agency
concerned to be a permanent resident alien.
``(C) An unincorporated association substantially
composed of United States citizens or permanent resident
aliens.
``(D) A corporation incorporated in the United
States, except for a corporation directed and controlled
by a foreign government or governments.''.
(b) Clerical Amendment.--The table of contents for that Act is
amended by inserting after the item relating to section 105 the
following new item:
``Sec. 105A. Assistance to United States law enforcement agencies.''.
SEC. 815. APPOINTMENT OF OFFICIALS RESPONSIBLE FOR
INTELLIGENCE-RELATED ACTIVITIES.
(a) In General.--Section 106 of the National Security Act of 1947
(50 U.S.C. 403-6) is amended to read as follows:
``appointment of officials responsible for intelligence-related
activities
``Sec. 106. (a) Concurrence of DCI in Certain Appointments.--(1) In
the event of a vacancy in a position referred to in paragraph (2), the
Secretary of Defense shall obtain the concurrence of the Director of
Central Intelligence before recommending to the President an individual
for appointment to the position. If the Director does not concur in the
recommendation, the Secretary may make the recommendation to the
President without the
Director's concurrence, but shall include in the recommendation a
statement that the Director does not concur in the recommendation.
``(2) Paragraph (1) applies to the following positions:
``(A) The Director of the National Security Agency.
``(B) The Director of the National Reconnaissance Office.
``(C) The Director of the National Imagery and Mapping
Agency.
``(b) Consultation with DCI in Certain Appointments.--(1) In the
event of a vacancy in a position referred to in paragraph
[[Page 110 STAT. 3485]]
(2), the head of the department or agency having jurisdiction over the
position shall consult with the Director of Central Intelligence before
appointing an individual to fill the vacancy or recommending to the
President an individual to be nominated to fill the vacancy.
``(2) Paragraph (1) applies to the following positions:
``(A) The Director of the Defense Intelligence Agency.
``(B) The Assistant Secretary of State for Intelligence and
Research.
``(C) The Director of the Office of Nonproliferation and
National Security of the Department of Energy.
``(3) In the event of a vacancy in the position of the Assistant
Director, National Security Division of the Federal Bureau of
Investigation, the Director of the Federal Bureau of Investigation shall
provide timely notice to the Director of Central Intelligence of the
recommendation of the Director of the Federal Bureau of Investigation of
an individual to fill the position in order that the Director of Central
Intelligence may consult with the Director of the Federal Bureau of
Investigation before the Attorney General appoints an individual to fill
the vacancy.''.
(b) Clerical Amendment.--The table of contents for that Act is
amended by striking out the item relating to section 106 and inserting
in lieu thereof the following new item:
``Sec. 106. Appointment of officials responsible for intelligence-
related activities.''.
SEC. 816. STUDY ON THE FUTURE OF INTELLIGENCE COLLECTION.
(a) Study.--The Director of Central Intelligence shall, in
consultation with the Deputy Secretary of Defense, conduct a study on
the future of intelligence collection. The study shall address whether
collection resources can be managed in a more consolidated, integrated
manner. The study is not limited to, but should include, specific
examination of the following:
(1) Establishing within the Intelligence Community a single
agency with responsibility for--
(A) the clandestine collection of intelligence
through human sources and other clandestine techniques;
(B) covert action; and
(C) representing the Director of Central
Intelligence in liaison with foreign intelligence and
security services.
(2) Establishing a single agency for the conduct of
technical intelligence collection activities, including--
(A) signals intelligence (SIGINT), imagery
intelligence (IMINT), and measurement and signatures
intelligence (MASINT);
(B) first-phase (or initial) exploitation of the
results of such collection;
(C) dissemination of such collection in a timely
manner;
(D) development of processing and exploitation
technologies to support these functions; and
(E) serving as the sole agent within the
Intelligence Community for--
(i) the specification of technical
requirements for such reconnaissance systems as
may be needed to meet the signals intelligence,
imagery intelligence, and measurement and
signatures intelligence collection requirements of
the Intelligence Community; and
(ii) the operation and final disposition of
such
systems.
[[Page 110 STAT. 3486]]
(3) Establishing a single agency--
(A) to serve as the sole agent within the
Intelligence Community for the conduct of research,
development, test, and evaluation, for procurement, and
for launch of satellite reconnaissance systems that may
be required to satisfy the intelligence collection
requirements of the Intelligence Community; and
(B) to serve as the primary agent within the
Intelligence Community for the conduct of research,
development, test, evaluation and for procurement of
reconnaissance, surveillance, and sensor systems,
including airborne and maritime reconnaissance
capabilities within the National Foreign Intelligence
Program and the Joint Military Intelligence Program.
(b) Criteria.--The study under subsection (a) shall--
(1) take into account current and future technological
capabilities and intelligence requirements;
(2) take into account the costs and benefits associated with
establishing each of the agencies described in paragraphs (1)
through (3) of subsection (a) as well as the costs and benefits
of maintaining the current system of distinct ``collection
stovepipes''; and
(3) examine establishing each of the agencies described in
paragraphs (1) through (3) of subsection (a) both on their
individual merits and also with a view toward having such
agencies co-exist as an entire new organizational structure.
(c) Report.--Not later than April 15, 1997, the Director of Central
Intelligence shall submit a report on the study to the following:
(1) The President.
(2) The Secretary of Defense.
(3) The Select Committee on Intelligence and the
Committee on Armed Services of the Senate.
(4) The Permanent Select Committee on Intelligence and the
Committee on National Security of the House of
Representatives.
SEC. 817. INTELLIGENCE RESERVE CORPS.
(a) Report on Corps.--Not later than four months after the date of
the enactment of this Act, the Director of Central Intelligence shall
submit to the appropriate committees of Congress a report on the Surge
Augmentation Program to provide for an Intelligence Reserve Corps to
serve as a surge or augmentation resource for the Intelligence
Community. The report shall include such recommendations for legislation
as the Director considers appropriate.
(b) Appropriate Committees Defined.--In this section, the term
``appropriate committees of Congress'' means the following:
(1) The Committee on Governmental Affairs and the Select
Committee on Intelligence of the Senate.
(2) The Committee on Government Reform and Oversight and the
Permanent Select Committee on Intelligence of the House of
Representatives.
[[Page 110 STAT. 3487]]
TITLE IX--FINANCIAL MATTERS
SEC. 901. AUTHORIZATION OF FUNDING PROVIDED BY 1996
SUPPLEMENTAL APPROPRIATIONS ACT.
Amounts obligated or expended for intelligence or intelligence-
related activities based on and otherwise in accordance with the
appropriations provided by the Omnibus Consolidated Rescissions and
Appropriations Act of 1996 (Public Law 104-134), including any such
obligations or expenditures occurring before the enactment of this Act,
shall be deemed to have been specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) and are hereby ratified and confirmed.
Approved October 11, 1996.
LEGISLATIVE HISTORY--H.R. 3259 (S. 1718):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 104-578, Pt. 1 (Permanent Select Comm. on
Intelligence) and 104-832 (Comm. of Conference).
SENATE REPORTS: Nos. 104-258 (Select Comm. on Intelligence), 104-277
(Comm. on Armed Services), and 104-337 (Comm. on Governmental Affairs)
all accompanying S. 1718.
CONGRESSIONAL RECORD, Vol. 142 (1996):
May 22, considered and passed House.
Sept. 17, considered and passed Senate, amended, in lieu of
S. 1718.
Sept. 25, House and Senate agreed to conference report.
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