[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3237 Reported in House (RH)]





                                                 Union Calendar No. 365

104th CONGRESS

  2d Session

                               H. R. 3237

                  [Report No. 104-620, Parts I and II]

_______________________________________________________________________

                                 A BILL

   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.

_______________________________________________________________________

                             July 23, 1996

  Reported from the Committee on National Security with an amendment, 
   committed to the Committee of the Whole House on the State of the 
                    Union, and ordered to be printed





                                                 Union Calendar No. 365
104th CONGRESS
  2d Session
                                H. R. 3237

                  [Report No. 104-620, Parts I and II]

   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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 15, 1996

 Mr. Combest introduced the following bill; which was referred to the 
   Permanent Select Committee on Intelligence and in addition to the 
    Committee on National Security, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

                             June 13, 1996

   Reported from the Permanent Select Committee on Intelligence with 
    amendments; referred to the Committee on Government Reform and 
    Oversight for a period ending not later than July 23, 1996, for 
    consideration of such provisions of the bill and the amendments 
    recommended by the Committee on Intelligence as fall within the 
     jurisdiction of that committee pursuant to clause 1(g), rule V
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             June 13, 1996

 Referral to the Committee on National Security extended for a period 
                  ending not later than July 23, 1996

                             July 23, 1996

        Committee on Government Reform and Oversight discharged

                             July 23, 1996

  Reported from the Committee on National Security with an amendment, 
committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                           in boldface roman]
 [For text of introduced bill, see copy of bill as introduced on April 
                               15, 1996]

_______________________________________________________________________

                                 A BILL


 
   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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Intelligence Community Act''.

SEC. 2. ORGANIZATION OF ACT; TABLE OF CONTENTS.

    (a) Organization of Act.--This Act is organized as follows:

               TITLE I--INTELLIGENCE COMMUNITY GENERALLY

Subtitle A--Director of Central Intelligence
Subtitle B--Deputy Directors of Central Intelligence
Subtitle C--The Intelligence Community
Subtitle D--Annual Reports

              TITLE II--INTELLIGENCE COMMUNITY MANAGEMENT

Subtitle A--Intelligence Community Functions
Subtitle B--National Foreign Intelligence Program
Subtitle C--Personnel
Subtitle D--Infrastructure Support Office
Subtitle E--Intelligence Community Administration

               TITLE III--INTELLIGENCE COMMUNITY AGENCIES

Subtitle A--Central Intelligence Agency
Subtitle B--The National Intelligence Evaluation Council
Subtitle C--Future of Intelligence Collection

TITLE IV--DEPARTMENT OF DEFENSE FUNCTIONS IN THE INTELLIGENCE COMMUNITY

Subtitle A--Secretary of Defense
Subtitle B--Director of Military Intelligence
Subtitle C--Defense Intelligence Agency
Subtitle D--The Military Departments
Subtitle E--Planning and Budgeting
Subtitle F--Civilian Intelligence Personnel Policy

  TITLE V--NATIONAL SECURITY COUNCIL AND RELATED BOARDS AND COMMITTEES

TITLE VI--TECHNICAL AND CONFORMING AMENDMENTS AND EFFECTIVE DATE
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
Sec. 2. Organization of Act; table of contents.
Sec. 3. Findings and purposes.
Sec. 4. Definitions.

               TITLE I--INTELLIGENCE COMMUNITY GENERALLY

              Subtitle A--Director of Central Intelligence

Sec. 101. Director of Central Intelligence.
Sec. 102. General intelligence responsibilities of the Director.
Sec. 103. Preparation of annual budget for National Foreign 
                            Intelligence Program.
Sec. 104. Foreign intelligence collection.
Sec. 105. Protection of sources and methods.
Sec. 106. Promotion and evaluation of the usefulness of intelligence to 
                            consumers.
Sec. 107. Elimination of waste and unnecessary duplication.
Sec. 108. Other functions.
Sec. 109. Prohibition on law enforcement powers and internal security 
                            functions.
Sec. 110. Access to intelligence.
Sec. 111. Coordination with foreign governments.

          Subtitle B--Deputy Directors of Central Intelligence

Sec. 121. Deputy Directors of Central Intelligence.
Sec. 122. Deputy Director of Central Intelligence.
Sec. 123. Deputy Director of Central Intelligence for Community 
                            Management.
Sec. 124. Civilian and military status of Director of Central 
                            Intelligence and Deputies.

                 Subtitle C--The Intelligence Community

Sec. 131. Elements of the Intelligence Community.
Sec. 132. Intelligence Community Inspector General Forum.

                       Subtitle D--Annual Reports

Sec. 141. Annual report on Intelligence Community activities.

              TITLE II--INTELLIGENCE COMMUNITY MANAGEMENT

              Subtitle A--Intelligence Community Functions

Sec. 201. Community Management Staff.
Sec. 202. Functions of the Community Management Staff.

           Subtitle B--National Foreign Intelligence Program

Sec. 221. Budgets.
Sec. 222. Comptroller functions of Community Management Staff.
Sec. 223. Limitations on transfers and reprogramming.
Sec. 224. Transfer of funds or personnel within the National Foreign 
                            Intelligence Program.
Sec. 225. Limitation on reprogramming.

                         Subtitle C--Personnel

Sec. 231. Use of personnel.
Sec. 232. Authority to terminate employment of certain employees.
Sec. 233. Intelligence Community Reserve.

               Subtitle D--Infrastructure Support Office

Sec. 241. Establishment of Infrastructure Support Office.
Sec. 242. Responsibilities of Director of the Infrastructure Support 
                            Office.

           Subtitle E--Intelligence Community Administration

Sec. 251. Secrecy agreements used in intelligence activities.
Sec. 252. Coordination of counterintelligence matters with the Federal 
                            Bureau of Investigation.
Sec. 253. Intelligence Community contracting.

               TITLE III--INTELLIGENCE COMMUNITY AGENCIES

                Subtitle A--Central Intelligence Agency

Sec. 301. Central Intelligence Agency.
Sec. 302. Duties of Director of Central Intelligence with regard to the 
                            Central Intelligence Agency.
Sec. 303. Functions of the Central Intelligence Agency.
Sec. 304. Agreement to transfer DOD clandestine humint to CIA.

        Subtitle B--The National Intelligence Evaluation Council

Sec. 321. National Intelligence Evaluation Council.
Sec. 322. Functions of the National Intelligence Evaluation Council.
Sec. 323. Staffing of the National Intelligence Evaluation Council.

             Subtitle C--Future of Intelligence Collection

Sec. 331. Panel on the future of intelligence collection.

TITLE IV--DEPARTMENT OF DEFENSE FUNCTIONS IN THE INTELLIGENCE COMMUNITY

                    Subtitle A--Secretary of Defense

Sec. 401. Overall Secretary of Defense functions.
Sec. 402. Requirement that budgets for intelligence components be 
                            adequate.
Sec. 403. Implementation of Director of Central Intelligence policies 
                            and resource decisions.
Sec. 404. Relationship of NFIP activities to tactical intelligence 
                            activities.
Sec. 405. Responsiveness to operational military forces.
Sec. 406. Elimination of waste and unnecessary duplication.
Sec. 407. Joint and corporate conduct of Defense intelligence 
                            activities.
Sec. 408. Signals intelligence activities.
Sec. 409. Imagery collection, processing, and exploitation.
Sec. 410. Overhead reconnaissance systems.
Sec. 411. Use of elements of Department of Defense.
Sec. 412. Consultations regarding appointment of certain intelligence 
                            officials.

             Subtitle B--Director of Military Intelligence

Sec. 421. Director of Military Intelligence.
Sec. 422. Functions of the Director of Military Intelligence.
Sec. 423. Role of Director of Military Intelligence in the Intelligence 
                            Community.
Sec. 424. Planning and budget functions.
Sec. 425. Staff.

                Subtitle C--Defense Intelligence Agency

Sec. 441. Defense Intelligence Agency generally.
Sec. 442. Functions of the Defense Intelligence Agency.

                  Subtitle D--The Military Departments

Sec. 451. Intelligence capabilities of the military departments.

                   Subtitle E--Planning and Budgeting

Sec. 461. Joint Military Intelligence Program.
Sec. 462. Tactical Intelligence and Related Activities (TIARA).
Sec. 463. Notice to Congress of changes in JMIP and TIARA.

           Subtitle F--Civilian Intelligence Personnel Policy

Sec. 481. Standardization of personnel policies for intelligence 
                            components of Department of Defense
Sec. 482. Temporary program for civilian workforce reduction in the 
                            National Security Agency.

  TITLE V--NATIONAL SECURITY COUNCIL AND RELATED BOARDS AND COMMITTEES

Sec. 501. Recodification of laws relating to National Security Council 
                            and related boards and committees in 
                            Executive Office of the President.
Sec. 502. Committee on Foreign Intelligence.
Sec. 503. Transnational threats.
Sec. 504. Prohibition of direct participation by National Security 
                            Council staff in execution of intelligence 
                            operations.

    TITLE VI--TECHNICAL AND CONFORMING AMENDMENTS AND EFFECTIVE DATE

Sec. 601. Restatement of National Security Agency Act of 1959.
Sec. 602. Amendments to title 5, United States Code.
Sec. 603. Repeal of provisions recodified in new Act.
Sec. 604. National Security Act of 1947.
Sec. 605. Abolition of National Intelligence Council.
Sec. 606. Effective date.

SEC. 3. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress makes the following findings:
            (1) The United States must maintain a strong, capable, and 
        increasingly flexible intelligence capability to collect and 
        analyze information concerning world events that may threaten 
        its security so as to be in a position to anticipate and 
        respond to such events in an effective and timely manner.
            (2) The existing framework for the conduct of United States 
        intelligence activities, established by the National Security 
        Act of 1947, has evolved largely without changes to the 
        original statutory framework, but rather as a matter of 
        Executive order and directive.
            (3) Although the Director of Central Intelligence has had 
        an overall, coordinating role for United States intelligence 
        activities, under existing law and by Executive order the 
        Director has, in fact, lacked sufficient authorities to 
        exercise this responsibility effectively, leaving control 
        largely decentralized within elements of the Intelligence 
        Community.
    (b) Purposes.--The purposes of this Act are--
            (1) to provide a corporate framework for the improved 
        management of United States intelligence activities at all 
        levels and within all intelligence disciplines;
            (2) to provide an institutional structure that will 
        continue to ensure that the Intelligence Community serves the 
        needs of the Government as a whole in an effective, timely, and 
        corporate manner;
            (3) to clarify by law the responsibilities of United States 
        intelligence agencies; and
            (4) to improve the congressional oversight of intelligence 
        activities.

SEC. 4. DEFINITIONS.

    For the purposes of this Act:
            (1) Intelligence.--The term ``intelligence'' includes 
        foreign intelligence and counterintelligence.
            (2) Foreign intelligence.--The term ``foreign 
        intelligence'' means information relating to the capabilities, 
        intentions, or activities of foreign governments or elements 
        thereof, foreign organizations, foreign transnational entities, 
        or foreign persons.
            (3) Counterintelligence.--The term ``counterintelligence'' 
        means information gathered and activities conducted to protect 
        against espionage, other intelligence activities, sabotage, or 
        assassinations conducted by or on behalf of foreign governments 
        or elements thereof, foreign organizations, foreign 
        transnational entities, or foreign persons, or international 
        terrorist activities.
            (4) National intelligence and intelligence related to 
        national security.--The terms ``national intelligence'' and 
        ``intelligence related to the national security''--
                    (A) each refer to intelligence that pertains to the 
                interests of the Government generally, rather than to 
                the interests of a single department or agency of 
                Government, or to a component of such department or 
                agency;
                    (B) do not refer to intelligence necessary to plan 
                or conduct tactical military operations by United 
                States Armed Forces; and
                    (C) do not refer to counterintelligence or law 
                enforcement activities conducted by the Federal Bureau 
                of Investigation except to the extent provided for in 
                procedures agreed to by the Director of Central 
                Intelligence and the Attorney General, or otherwise as 
                expressly provided for in this Act.
            (5) National foreign intelligence program.--The term 
        ``National Foreign Intelligence Program'' refers to all 
        programs, projects, and activities of the Intelligence 
        Community that are intended to produce national intelligence, 
        as well as any other programs of the Intelligence Community 
        designated jointly by the Director of Central Intelligence and 
        the head of a United States department or agency or by the 
        President. Such term does not include programs, projects, or 
        activities of the military departments to acquire intelligence 
        solely for the planning and conduct of tactical military 
        operations by United States Armed Forces.
            (6) Congressional intelligence committees.--The term 
        ``congressional intelligence committees'' means--
                    (A) the Select Committee on Intelligence of the 
                Senate; and
                    (B) the Permanent Select Committee on Intelligence 
                of the House of Representatives.

               TITLE I--INTELLIGENCE COMMUNITY GENERALLY

              Subtitle A--Director of Central Intelligence

SEC. 101. DIRECTOR OF CENTRAL INTELLIGENCE.

    (a) Director of Central Intelligence.--There is a Director of 
Central Intelligence. The Director of Central Intelligence is--
            (1) the principal adviser to the President and the National 
        Security Council for intelligence matters related to the 
        national security; and
            (2) the head of the Intelligence Community.
     (b) Appointment.--The Director of Central Intelligence is 
appointed by the President, by and with the advice and consent of the 
Senate.

SEC. 102. GENERAL INTELLIGENCE RESPONSIBILITIES OF THE DIRECTOR.

    (a) Provision of Intelligence to the President.--Under the 
direction of the National Security Council, the Director of Central 
Intelligence shall be responsible for providing intelligence to the 
President.
    (b) Provision of Intelligence to Others.--Under the direction of 
the National Security Council, the Director of Central Intelligence 
shall be responsible for providing intelligence--
            (1) to the heads of departments and agencies of the 
        executive branch;
            (2) to the Chairman of the Joint Chiefs of Staff, to the 
        commanders of the unified combatant commands, and to other 
        senior military commanders; and
            (3) to the Senate and House of Representatives and the 
        appropriate committees thereof.
    (c) Intelligence To Be Objective and Timely.--Intelligence provided 
by the Director pursuant to this section should be timely and objective 
and shall be provided independent of political considerations or bias 
and based upon all sources available to the Intelligence Community.

SEC. 103. PREPARATION OF ANNUAL BUDGET FOR NATIONAL FOREIGN 
              INTELLIGENCE PROGRAM.

    The Director of Central Intelligence shall develop (in accordance 
with subtitle B of title II) and present to the President an annual 
budget for the National Foreign Intelligence Program of the United 
States.

SEC. 104. FOREIGN INTELLIGENCE COLLECTION.

    The Director of Central Intelligence shall establish the 
requirements and priorities to govern the collection of national 
intelligence by elements of the Intelligence Community and shall manage 
the collection capabilities of the Intelligence Community to ensure 
that national requirements are met.

SEC. 105. PROTECTION OF SOURCES AND METHODS.

    The Director of Central Intelligence shall protect intelligence 
sources and methods from unauthorized disclosure.

SEC. 106. PROMOTION AND EVALUATION OF THE USEFULNESS OF INTELLIGENCE TO 
              CONSUMERS.

    The Director of Central Intelligence shall promote and evaluate the 
quality and usefulness of national intelligence to consumers within the 
Government.

SEC. 107. ELIMINATION OF WASTE AND UNNECESSARY DUPLICATION.

    The Director of Central Intelligence, in cooperation with the heads 
of the elements of the Intelligence Community shall eliminate waste and 
unnecessary duplication within the Intelligence Community.

SEC. 108. OTHER FUNCTIONS.

    The Director of Central Intelligence shall perform such other 
functions as the President or the National Security Council may direct.

SEC. 109. PROHIBITION ON LAW ENFORCEMENT POWERS AND INTERNAL SECURITY 
              FUNCTIONS.

    The Director of Central Intelligence shall have no police, 
subpoena, or law enforcement powers or internal security functions.

SEC. 110. ACCESS TO INTELLIGENCE.

    To the extent recommended by the National Security Council and 
approved by the President, the Director of Central Intelligence shall 
have access to all intelligence related to the national security which 
is collected by any department, agency, or other entity of the United 
States.

SEC. 111. COORDINATION WITH FOREIGN GOVERNMENTS.

    Under the direction of the National Security Council and in a 
manner consistent with section 207 of the Foreign Service Act of 1980 
(22 U.S.C. 3927), the Director shall coordinate the relationships 
between elements of the Intelligence Community and the intelligence or 
security services of foreign governments on all matters involving 
intelligence related to the national security or involving intelligence 
acquired through clandestine means.

          Subtitle B--Deputy Directors of Central Intelligence

SEC. 121. DEPUTY DIRECTORS OF CENTRAL INTELLIGENCE.

    (a) Positions.--There is a Deputy Director of Central Intelligence, 
and there is a Deputy Director of Central Intelligence for Community 
Management.
    (b) Appointment.--Each Deputy Director shall be appointed by the 
President, by and with the advice and consent of the Senate.
    (c) Qualifications.--Each Deputy Director shall have extensive 
national security experience.

SEC. 122. DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE.

    (a) In General.--The Deputy Director of Central Intelligence shall 
act for, and exercise the powers of, the Director of Central 
Intelligence during the Director's absence or disability or during a 
vacancy in office of the Director of Central Intelligence.
    (b) Precedence.--The Deputy Director of Central Intelligence takes 
precedence immediately after the Director of Central Intelligence.

SEC. 123. DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE FOR COMMUNITY 
              MANAGEMENT.

    Subject to the direction of the Director of Central Intelligence, 
the Deputy Director of Central Intelligence for Community Management 
shall be responsible for the following:
            (1) Directing the operations of the Community Management 
        Staff.
            (2) Directing the operations of the Infrastructure Support 
        Office.
            (3) Performing community-wide management functions, 
        including the management of personnel, resources, and 
        requirements.
            (4) Managing community-wide research and development.

SEC. 124. CIVILIAN AND MILITARY STATUS OF DIRECTOR OF CENTRAL 
              INTELLIGENCE AND DEPUTIES.

    (a) Limitation on Active Duty Status.--Not more than one individual 
serving in the following positions may be on active duty in the Armed 
Forces while serving in that position:
            (1) The Director of Central Intelligence.
            (2) The two Deputy Directors of Central Intelligence.
    (b) Appointment and Rank.--An individual serving in a position 
specified in paragraph (1) or (2) of subsection (a) who is on active 
duty in the Armed Forces shall be appointed from among the officers of 
the Armed Forces on the active-duty list. The Director of Central 
Intelligence may hold the grade of general or admiral while so serving 
and a Deputy Director of Central Intelligence may hold the rank of 
lieutenant general or vice admiral while so serving.
    (c) Role as Officer of Armed Forces.--A commissioned officer of the 
Armed Forces, while serving in a position specified in paragraph (1) or 
(2) of subsection (a)--
            (1) shall not be subject to supervision or control by the 
        Secretary of Defense or by any officer or employee of the 
        Department of Defense;
            (2) shall not exercise, by reason of the officer's status 
        as a commissioned officer, any supervision or control with 
        respect to any of the military or civilian personnel of the 
        Department of Defense except as authorized by this title; and
            (3) shall not be counted against the numbers and 
        percentages of commissioned officers of the rank and grade of 
        such officer authorized for the military department of that 
        officer.
    (d) Military Benefits.--Except as provided in paragraph (1) or (2) 
of subsection (c), the appointment of an officer of the Armed Forces to 
a position specified in paragraph (1) or (2) of subsection (a) shall 
not affect the status, position, rank, or grade of such officer in the 
Armed Forces, or any emolument, perquisite, right, privilege, or 
benefit incident to or arising out of any such status, position, rank, 
or grade.
    (e) Pay.--An officer of the Armed Forces appointed to a position 
specified in paragraph (1) or (2) of subsection (a), while serving in 
such position, shall continue to receive military pay and allowances 
payable to a commissioned officer of that officer's grade and length of 
service for which the appropriate military department shall be 
reimbursed from funds available to the Director of Central 
Intelligence. In addition to any pay or allowance payable under this 
subsection, such officer shall also receive, out of funds available to 
the Director of Central Intelligence, annual compensation in an amount 
by which the annual rate of compensation payable for such position 
exceeds the total of that officer's annual rate of military pay and 
allowances.

                 Subtitle C--The Intelligence Community

SEC. 131. ELEMENTS OF THE INTELLIGENCE COMMUNITY.

    The Intelligence Community of the United States Government consists 
of the following:
            (1) The Office of the Director of Central Intelligence, 
        which shall include the Offices of the Deputy Directors of 
        Central Intelligence and such other offices as the Director may 
        designate.
            (2) The Community Management Staff.
            (3) The National Intelligence Evaluation Council.
            (4) The Central Intelligence Agency.
            (5) The Defense Intelligence Agency.
            (6) The National Security Agency.
            (7) The National Reconnaissance Office.
            (8) The Central Imagery Office.
            (9) The Infrastructure Support Office.
            (10) The intelligence elements of the Army, the Navy, the 
        Air Force, the Marine Corps, and the Coast Guard.
            (11) The intelligence elements of the Federal Bureau of 
        Investigation, the Department of the Treasury, the Department 
        of Energy, and the Drug Enforcement Administration.
            (12) The Bureau of Intelligence and Research of the 
        Department of State.
            (13) Such other offices and entities as are established by 
        law under the authority of the Director of Central Intelligence 
        or as may be provided by law or by the President to be a 
        component of the Intelligence Community.

SEC. 132. INTELLIGENCE COMMUNITY INSPECTOR GENERAL FORUM.

    (a) Establishment.--There is hereby established an Intelligence 
Community Inspector General Forum (hereinafter in this section referred 
to as the ``Forum'').
    (b) Mission.--The Forum shall provide a mechanism for sharing 
information among those Inspectors General whose duties and 
responsibilities include audit, inspection, or investigation relating 
to programs and operations of elements within the Intelligence 
Community to ensure adequate Inspector General oversight with respect 
to those programs and operations and to coordinate efforts with a view 
toward preventing duplication.
    (c) Membership.--
            (1) The Forum shall consist of the following members:
                    (A) The Inspector General of the Department of 
                Defense.
                    (B) The Inspector General of the Central 
                Intelligence Agency.
                    (C) The Inspector General of the Department of 
                State.
                    (D) The Inspector General of the Department of the 
                Treasury.
                    (E) The Inspector General of the Department of 
                Justice.
                    (F) The Inspector General of the Department of 
                Energy.
                    (G) The Inspector General of any other element 
                within the Intelligence Community, regardless of 
                whether the position of such Inspector General is 
                created by statute.
                    (H) Such other Federal officials as the co-chairs 
                of the Forum may invite to attend meetings whenever 
                matters of interest to them are scheduled to be 
                discussed.
            (2) The Forum shall be co-chaired by the Inspector General 
        of the Department of Defense and the Inspector General of the 
        Central Intelligence Agency.
            (3) The co-chairs may establish such subcommittees or 
        working groups as they consider appropriate to support the work 
        of the Forum.
            (4) There shall be an Executive Secretary for the Forum to 
        be appointed from the Office of the Inspector General of the 
        Department of Defense.
    (d) Meetings.--The Forum shall meet at least quarterly, and more 
often as the co-chairs consider necessary. The Director of Central 
Intelligence, the Secretaries of Defense, State, the Treasury, and 
Energy, and the Attorney General of the United States shall be given as 
much advance notice as practicable before each meeting of the Forum.
    (e) Functions.--
            (1) The Forum shall ensure adequate Inspector General 
        oversight over programs and operations of elements within the 
        Intelligence Community under the jurisdiction of two or more 
        statutory Inspectors General. In this regard, the Director of 
        Central Intelligence, the Secretaries of Defense, State, the 
        Treasury, and Energy, and the Attorney General may each submit 
        to the Forum or to their respective statutory Inspector General 
        requests for an Inspector General audit, inspection, or 
        investigation with respect to any program or operation of an 
        element within the Intelligence Community under the 
        jurisdiction of two or more statutory Inspectors General.
            (2) The Forum shall serve as a focal point for discussions 
        of mutual interest to the Inspectors General concerning 
        oversight of elements within the Intelligence Community, 
        including--
                    (A) policies and procedures for conducting audits, 
                inspections, or investigations into programs and 
                operations of elements within the Intelligence 
                Community under the jurisdiction of two or more 
                statutory Inspectors General; and
                    (B) qualifications and training for auditors, 
                inspectors, and investigators who will be assigned to 
                conduct audits, inspections, or investigations into 
                programs and operations of elements within the 
                Intelligence Community under the jurisdiction of two or 
                more statutory Inspectors General.
            (3) The Forum shall keep the Director of Central 
        Intelligence, the Secretary of the appropriate Department, and 
        the head of the appropriate element within the Intelligence 
        Community informed of issues identified in audits, inspections 
        or investigations of programs, or operations of elements within 
        the Intelligence Community under the jurisdiction of two or 
        more statutory Inspectors General.
            (4) This section shall not preclude and is not intended to 
        preclude an Inspector General from independently initiating any 
        audit, inspection, or investigation of programs or operations 
        within their respective establishment as they consider 
        appropriate in accordance with the Inspector General Act of 
        1978, or section 17 of the Central Intelligence Agency Act of 
        1949, as appropriate.
    (f) Responsibilities.--Members of the Forum shall--
            (1) designate a point of contact within their respective 
        organizations to receive and provide information regarding 
        Forum activities; and
            (2) provide staff and other resources for the audits, 
        inspections and investigations of programs, or operations that 
        involve two or more elements within the Intelligence Community.
    (g) Report on Inspector General for the Intelligence Community.--
Not later than April 15, 1997, the Forum shall submit to the 
congressional intelligence committees a report on the feasibility of, 
and costs and benefits associated with, creating an Inspector General 
for the Intelligence Community.

                       Subtitle D--Annual Reports

SEC. 141. ANNUAL REPORT ON INTELLIGENCE COMMUNITY ACTIVITIES.

    (a) In General.--The Director of Central Intelligence shall submit 
to Congress an annual report on the activities of the Intelligence 
Community. The annual report shall be unclassified.
    (b) Matters To Be Covered in Annual Report.--Each report under this 
section shall describe--
            (1) the activities of the Intelligence Community during the 
        preceding fiscal year, including significant successes and 
        failures that can be described in an unclassified manner; and
            (2) the areas of the world and the issues that the Director 
        expects will require increased or unusual attention from the 
        Intelligence Community during the next fiscal year.
    (c) Time for Submission.--The report under this section for any 
year shall be submitted at the same time that the President submits the 
budget for the next fiscal year pursuant to section 1105 of title 31, 
United States Code.

              TITLE II--INTELLIGENCE COMMUNITY MANAGEMENT

              Subtitle A--Intelligence Community Functions

SEC. 201. COMMUNITY MANAGEMENT STAFF.

    There is a Community Management Staff.

SEC. 202. FUNCTIONS OF THE COMMUNITY MANAGEMENT STAFF.

    (a) In General.--The Deputy Director of Central Intelligence for 
Community Management, acting through the Community Management Staff, 
shall provide corporate management of the following Intelligence 
Community-wide functions:
            (1) Requirements and collection management.
            (2) Planning, programming, budgeting, and accounting for 
        the National Foreign Intelligence Program.
            (3) Research and development activities.
    (b) Coordination With the DMI Staff.--The Deputy Director of 
Central Intelligence for Community Management shall coordinate the 
functions referred to in paragraphs (1) through (3) of subsection (a) 
with the Director of Military Intelligence.

           Subtitle B--National Foreign Intelligence Program

SEC. 221. BUDGETS.

    (a) Preparation.--The Deputy Director of Central Intelligence for 
Community Management, in consultation with the elements of the 
Intelligence Community, shall prepare the annual budgets of the 
National Foreign Intelligence Program.
    (b) Approval of Budgets.--The Director of Central Intelligence 
shall approve the budgets prepared under subsection (a) before their 
incorporation in the National Foreign Intelligence Program.
    (c) Accounting.--The Director of Central Intelligence, acting 
through the Deputy Director of Central Intelligence for Community 
Management, shall budget and account for financial resources on a 
community-wide basis by the functional categories of collection, 
processing, exploitation, analysis, dissemination, and infrastructure.
    (d) Identification of Constituent Components of Base Intelligence 
Budget.--The Director of Central Intelligence shall include in the 
congressional budget justification materials provided to the 
congressional intelligence committees in connection with the annual 
submission of the National Foreign Intelligence Program for a fiscal 
year the same level of budgetary detail for that part of the National 
Foreign Intelligence Program budget identified as the Base Budget that 
is provided for that part of such budget identified as Ongoing 
Initiatives and New Initiatives.

SEC. 222. COMPTROLLER FUNCTIONS OF COMMUNITY MANAGEMENT STAFF.

    (a) Execution Review.--The Community Management Staff shall perform 
budget execution review of elements of the Intelligence Community and 
shall have the authority to recommend to the comptroller of the 
Department of Defense that authorized and appropriated intelligence 
funds be withheld in those instances in which elements of the 
Intelligence Community within the Department of Defense are not 
complying with guidance from the Director of Central Intelligence or 
applicable law.
    (b) Accounting System.--The Deputy Director of Central Intelligence 
for Community Management shall establish and maintain an Intelligence 
Community-wide automated system for programming, budgeting, accounting, 
and execution review of the National Foreign Intelligence Program.

SEC. 223. LIMITATIONS ON TRANSFERS AND REPROGRAMMING.

    (a) Limitation on New Use of Funds Available for Intelligence 
Activities.--Funds may not be made available through transfer, 
reprogramming, or other means between the Central Intelligence Agency 
and the Department of Defense for any intelligence or special activity 
different from that previously justified to the Congress unless the 
Director of Central Intelligence or the Secretary of Defense notifies 
in advance the Permanent Select Committee on Intelligence of the House 
of Representatives, the Select Committee on Intelligence of the Senate, 
and the Committees on Appropriations of the Senate and House of 
Representatives of the intent to make such funds available for such 
activity.
    (b) Limitation on Amounts Transferred.--The amount that may be 
transferred from any account of an element of the Intelligence 
Community for any fiscal year may not exceed five percent of the 
aggregate portion of the National Foreign Intelligence Program budget 
of that element for that fiscal year.
    (c) Limitation on Transfer of Funds Available for Drug Interdiction 
or Counter-Drug Purposes.--None of the funds available to the Central 
Intelligence Agency for any fiscal year for drug interdiction and 
counter-drug activities may be transferred to any other department or 
agency of the United States except as specifically provided in an 
appropriations law.

SEC. 224. TRANSFER OF FUNDS OR PERSONNEL WITHIN THE NATIONAL FOREIGN 
              INTELLIGENCE PROGRAM.

    (a) General Authority.--In addition to any other authorities 
available under law for such purposes, the Director of Central 
Intelligence, with the approval of the Director of the Office of 
Management and Budget, may transfer funds appropriated for a program 
within the National Foreign Intelligence Program to another such 
program and, in accordance with procedures to be developed by the 
Director and the heads of affected departments and agencies, may 
transfer personnel authorized for an element of the Intelligence 
Community to another such element for periods up to a year.
    (b) Conditions.--A transfer of funds or personnel may be made under 
this section only if--
            (1) the funds or personnel are being transferred to an 
        activity that is a higher priority intelligence activity;
            (2) the need for funds or personnel for such activity is 
        based on unforeseen requirements;
            (3) the transfer does not involve a transfer of funds to 
        the Reserve for Contingencies of the Director of Central 
        Intelligence; and
            (4) the transfer does not involve a transfer of funds or 
        personnel from the Federal Bureau of Investigation.
    (c) Availability of Transferred Funds.--Funds transferred under 
this subsection shall remain available for the same period as the 
appropriations account to which such funds are transferred.
    (d) Notification of Congress.--Any transfer of funds under this 
section shall be carried out in accordance with existing procedures 
applicable to reprogramming notifications for the appropriate 
congressional committees. Any proposed transfer for which notice is 
given to the appropriate congressional committees shall be accompanied 
by a report explaining the nature of the proposed transfer and how it 
satisfies the requirements of this subsection. In addition, the 
congressional intelligence committees shall be promptly notified of any 
transfer of funds made pursuant to this subsection in any case in which 
the transfer would not have otherwise required reprogramming 
notification under procedures in effect as of October 24, 1992.
    (e) Report on Personnel Transfers.--The Director shall promptly 
submit to the congressional intelligence committees and, in the case of 
the transfer of personnel to or from the Department of Defense, the 
Committee on Armed Services of the Senate and the Committee on National 
Security of the House of Representatives, a report on any transfer of 
personnel made pursuant to this section. The Director shall include in 
any such report an explanation of the nature of the transfer and how it 
satisfies the requirements of this subsection.

SEC. 225. LIMITATION ON REPROGRAMMING.

    No funds made available under the National Foreign Intelligence 
Program may be reprogrammed by any element of the Intelligence 
Community without the prior approval of the Director of Central 
Intelligence except in accordance with procedures issued by the 
Director.

                         Subtitle C--Personnel

SEC. 231. USE OF PERSONNEL.

    The Director of Central Intelligence shall, in coordination with 
the heads of departments and agencies with elements in the Intelligence 
Community, institute policies and programs within the Intelligence 
Community--
            (1) to provide for the rotation of personnel between the 
        elements of the Intelligence Community, where appropriate, and 
        to make such rotated service a factor to be considered for 
        promotion to senior positions;
            (2) to consolidate, wherever possible, personnel, 
        administrative, and security programs to reduce the overall 
costs of these activities within the Intelligence Community;
            (3) to ensure the maintenance of effective performance 
        evaluation systems with common standards throughout the 
        national Intelligence Community; and
            (4) to develop a community-wide career development program 
        that emphasizes corporate management skills.

SEC. 232. AUTHORITY TO TERMINATE EMPLOYMENT OF CERTAIN EMPLOYEES.

    (a) In General.--The Director of Central Intelligence may, in the 
Director's discretion, terminate the employment of any officer or 
employee of the Central Intelligence Agency or the Community Management 
Staff whenever the Director considers such termination to be necessary 
or advisable in the interests of the United States.
    (b) Other Employment in the Government.--Any such termination does 
not affect the right of the individual whose employment is so 
terminated to seek or accept employment in any other department or 
agency of the Government if declared eligible for such employment by 
the Office of Personnel Management.

SEC. 233. INTELLIGENCE COMMUNITY RESERVE.

    (a) Establishment.--The Director of Central Intelligence shall 
establish an Intelligence Community Reserve.
    (b) Members.--The Intelligence Community Reserve may consist of 
former or retired personnel of elements of the Intelligence Community 
(including individuals with expertise in all-source analysis and 
individuals who are linguists) and of other qualified individuals drawn 
from non-Intelligence Community sources, as determined by the Director 
of Central Intelligence. Each member of the Intelligence Community 
Reserve shall agree that, during any period of emergency (as determined 
by the Director), the member shall enter into or return to active 
civilian status within the Intelligence Community and shall perform 
such duties as the Director may assign.
    (c) Monetary Incentives.--In order to attract individuals to become 
members of the Intelligence Community Reserve, the Director, without 
regard to subchapter IV of chapter 55 of title 5, United States Code, 
may provide special monetary incentives to individuals eligible to 
become members of the Reserve who agree to become members of the 
Intelligence Community Reserve and to acquire or retain proficiency in 
such skills as the Director shall specify.
    (d) Training and Support.--In order to provide training and support 
for members of the Intelligence Community Reserve, the Director--
            (1) may pay all or part of the expenses related to the 
        training of individuals in the Intelligence Community Reserve; 
        and
            (2) may pay benefits and allowances in accordance with 
        chapters 57 and 59 of title 5, United States Code, to 
        individuals in the Intelligence Community Reserve who are 
        assigned to training at sites away from their homes or regular 
        places of business.
    (e) Service Agreements.--(1) The Director, before providing 
training under this section to any individual, may obtain an agreement 
with that individual that--
            (A) in the case of current employees, pertains to 
        continuation of service of the employee, and repayment of the 
        expenses of such training for failure to fulfill the agreement, 
        consistent with the provisions of section 4108 of title 5, 
        United States Code; and
            (B) in the case of individuals accepted for membership in 
        the Intelligence Community Reserve, pertains to return to 
        service when requested, and repayment of the expenses of such 
        training for failure to fulfill the agreement, consistent with 
        the provisions of section 4108 of title 5, United States Code.
    (2) The Director, under regulations prescribed under this section, 
may waive, in whole or in part, a right of recovery under an agreement 
made under this subsection if it is shown that the recovery would be 
against equity and good conscience or against the public interest.
    (f) Applicability of Voluntary Separation Pay Act.--(1) 
Participation in the Intelligence Community Reserve through the receipt 
of monetary incentives under subsection (c) does not constitute 
employment with the Government of the United States for purposes of the 
Central Intelligence Agency Voluntary Separation Pay Act (50 U.S.C. 
403-4).
    (2) Performing service in an active duty status under subsection 
(d) does constitute employment with the Government of the United States 
for purposes of the Central Intelligence Agency Voluntary Separation 
Pay Act (50 U.S.C. 403-4), and the repayment requirement of section 
2(b) of that Act applies unless waived in accordance with such section 
2(b).

               Subtitle D--Infrastructure Support Office

SEC. 241. ESTABLISHMENT OF INFRASTRUCTURE SUPPORT OFFICE.

    (a) Establishment.--There is within the Intelligence Community the 
Infrastructure Support Office.
    (b) Director.--The Office shall be headed by a Director, who shall 
be appointed by the Director of Central Intelligence.

SEC. 242. RESPONSIBILITIES OF DIRECTOR OF THE INFRASTRUCTURE SUPPORT 
              OFFICE.

    (a) In General.--Under the direction of the Deputy Director of 
Central Intelligence for Community Management, the Director of the 
Infrastructure Support Office shall be responsible for administrative 
and logistical functions relating to infrastructure and services of 
common concern to elements of the Intelligence Community. Such 
functions shall include the following:
            (1) Personnel management.
            (2) Security.
            (3) Community-level training.
            (4) Communications.
            (5) Automation.
            (6) Such additional functions as may be assigned by the 
        Director of Central Intelligence.
    (b) Automation Equipment.--The Director of the Infrastructure 
Support Office shall establish standards and information architectures 
for automation equipment throughout the Intelligence Community. The 
Director shall be responsible for life-cycle management, replacement, 
and upgrading of such equipment.
    (c) Coordination Among Elements of Intelligence Community.--The 
Director of Central Intelligence and the Secretary of Defense, as 
appropriate, shall require the head of each element of the Intelligence 
Community to report to the Director of the Infrastructure Support 
Office on those functions and activities that can be consolidated in 
the Infrastructure Support Office so as to achieve cost savings and 
efficiencies for the Intelligence Community as a whole.

           Subtitle E--Intelligence Community Administration

SEC. 251. SECRECY AGREEMENTS USED IN INTELLIGENCE ACTIVITIES.

    Notwithstanding any other provision of law not specifically 
referencing this section, a nondisclosure policy form or agreement that 
is to be executed by a person connected with the conduct of an 
intelligence or intelligence-related activity, other than an employee 
or officer of the United States Government, may contain provisions 
appropriate to the particular activity for which such document is to be 
used. Such form or agreement shall, at a minimum--
            (1) require that the person will not disclose any 
        classified information received in the course of such activity 
        unless specifically authorized to do so by the United States 
        Government; and
            (2) provide that the form or agreement does not bar--
                    (A) disclosures to Congress; or
                    (B) disclosures to an authorized official of an 
                executive agency that are considered essential to 
                reporting a violation of United States law.

SEC. 252. COORDINATION OF COUNTERINTELLIGENCE MATTERS WITH THE FEDERAL 
              BUREAU OF INVESTIGATION.

    (a) Coordination by Other Agencies With FBI.--(1) The head of each 
department or agency within the executive branch shall ensure that the 
Director of the Federal Bureau of Investigation is informed immediately 
of any information, regardless of its origin, which indicates that 
classified information is being, or may have been, disclosed in an 
unauthorized manner to a foreign power or an agent of a foreign power.
    (2) Following the making of a report under paragraph (1), the head 
of the department or agency making the report shall ensure that the 
Director of the Federal Bureau of Investigation is consulted with 
respect to all subsequent actions that may be undertaken by the 
department or agency to determine the source of such unauthorized 
disclosure.
    (3) When, after appropriate consultation with the head of the 
department or agency concerned, the Director of the Federal Bureau of 
Investigation undertakes investigative activities to determine the 
source of the unauthorized disclosure, the head of the department or 
agency concerned shall ensure that the Director is given complete and 
timely access to the employees and records of that department or agency 
for purposes of such investigative activities.
    (b) Coordination by FBI With Other Agencies.--(1) The Director of 
the Federal Bureau of Investigation shall ensure that when the Bureau 
obtains espionage information pertaining to the personnel, operations, 
or information of another department or agency of the executive branch, 
such information is provided through appropriate channels to the head 
of that department or agency.
    (2) The Director shall ensure that when the Bureau undertakes an 
espionage investigation which involves the personnel, operations, or 
information of another department or agency of the executive branch 
after a report is provided pursuant to subsection (a)(1), the head of 
that department or agency is consulted with respect to that 
investigation.
    (c) Presidential Waiver Authority.--(1) When essential to meet 
extraordinary circumstances affecting vital national security interests 
of the United States as determined by the President, the President may, 
on a case-by-case basis, waive the requirements of subsection (a) or 
(b), as they apply to the head of a particular department or agency or 
to the Director of the Federal Bureau of Investigation.
    (2) Such a waiver shall be in writing and shall fully state the 
justification for the waiver.
    (3) Within 30 days after issuing such a waiver, the President shall 
notify the congressional intelligence committees that the waiver has 
been issued and, at that time or as soon thereafter as national 
security considerations permit, shall provide those committees with a 
complete explanation of the circumstances which necessitated the 
waiver.
    (d) Annual Report.--The Director of the Federal Bureau of 
Investigation shall, not later than February 1 of each year, submit to 
the congressional intelligence committees and, in accordance with 
applicable security procedures, the Committees on the Judiciary of the 
Senate and House of Representatives a report with respect to compliance 
with subsections (a) and (b) during the previous calendar year. Each 
such report shall be prepared in consultation with the Director of 
Central Intelligence and the Secretary of Defense.
    (e) Relationship to Department of Defense Authority Over Persons 
Subject to UCMJ.--Nothing in this section may be construed to--
            (1) alter the jurisdictional arrangements in effect as of 
        October 14, 1994, between the Federal Bureau of Investigation 
        and the Department of Defense with respect to investigations of 
        persons subject to the Uniform Code of Military Justice 
        (chapter 47 of title 10, United States Code); or
            (2) impose reporting requirements upon the Department of 
        Defense with respect to such investigations beyond those 
        required by law and executive branch policy as of October 14, 
        1994.
    (f) Definitions.--As used in this section, the terms ``foreign 
power'' and ``agent of a foreign power'' have the meanings set forth in 
sections 101(a) and 101(b), respectively, of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801).

SEC. 253. INTELLIGENCE COMMUNITY CONTRACTING.

    The Director of Central Intelligence shall direct that elements of 
the Intelligence Community, whenever compatible with the national 
security interests of the United States and consistent with the 
operational and security concerns related to the conduct of 
intelligence activities, and where fiscally sound, shall award 
contracts in a manner that would maximize the procurement of products 
in the United States.

               TITLE III--INTELLIGENCE COMMUNITY AGENCIES

                Subtitle A--Central Intelligence Agency

SEC. 301. CENTRAL INTELLIGENCE AGENCY.

    There is a Central Intelligence Agency. The Central Intelligence 
Agency is the principal all-source national intelligence analytical 
agency. The Director of Central Intelligence is the head of the Central 
Intelligence Agency.

SEC. 302. DUTIES OF DIRECTOR OF CENTRAL INTELLIGENCE WITH REGARD TO THE 
              CENTRAL INTELLIGENCE AGENCY.

    The Director of Central Intelligence, as head of the Central 
Intelligence Agency, shall--
            (1) correlate and evaluate intelligence related to the 
        national security;
            (2) provide appropriate dissemination of such intelligence; 
        and
            (3) coordinate and manage all human intelligence activities 
        within the Intelligence Community.

SEC. 303. FUNCTIONS OF THE CENTRAL INTELLIGENCE AGENCY.

    The Director of Central Intelligence, as head of the Central 
Intelligence Agency, shall perform the following functions:
            (1) Analysis and production.--
                    (A) Correlating and evaluating intelligence related 
                to national security collected from all sources 
                available throughout the Intelligence Community and 
                facilitating appropriate dissemination of such 
                intelligence.
                    (B) Coordinating analyses conducted by the elements 
                of the Intelligence Community and establishing 
                procedures for collaborative all-source analysis.
                    (C) Producing national intelligence estimates.
                    (D) Managing the acquisition and incorporation of 
                all-source intelligence into the community all-source 
                analytical process.
            (2) Collection of intelligence through human sources.--
                    (A) Collecting national intelligence clandestinely 
                through human sources and by other appropriate means, 
                using the elements of the Intelligence Community 
                authorized to undertake such collection.
                    (B) Ensuring that the most effective use is made of 
                resources authorized for the purposes of subparagraph 
                (A) and minimizing the risks to the United States 
inherent in clandestine collection operations.
                    (C) Managing the administrative and technical 
                support activities of the Intelligence Community 
                necessary to carrying out clandestine collection.
                    (D) Performing such other functions as the Director 
                of Central Intelligence may direct.

SEC. 304. AGREEMENT TO TRANSFER DOD CLANDESTINE HUMINT TO CIA.

    The Secretary of Defense shall enter into an agreement with the 
Director of Central Intelligence to transfer from the Secretary of 
Defense the responsibilities and authorities of the Secretary for the 
clandestine collection of intelligence by human sources conducted by 
the Defense Human Intelligence Service as of the date of the enactment 
of this Act.

        Subtitle B--The National Intelligence Evaluation Council

SEC. 321. NATIONAL INTELLIGENCE EVALUATION COUNCIL.

    (a) Establishment.--There is within the Intelligence Community the 
National Intelligence Evaluation Council.
    (b) Members.--The National Intelligence Evaluation Council shall be 
composed of senior analysts within the Intelligence Community and may 
include substantive experts from the public and private sector. Members 
of the Council shall be appointed by, report to, and serve at the 
pleasure of, the Director of Central Intelligence. The Director of 
Central Intelligence shall appoint the head of the Council from among 
its members, who shall report directly to the Director of Central 
Intelligence.
    (c) Security Requirements.--The Director of Central Intelligence 
shall prescribe appropriate security requirements for personnel 
appointed from the private sector as a condition of service on the 
Council to ensure the protection of intelligence sources and methods 
while avoiding, wherever possible, unduly intrusive requirements which 
the Director considers to be unnecessary for this purpose.

SEC. 322. FUNCTIONS OF THE NATIONAL INTELLIGENCE EVALUATION COUNCIL.

    The National Intelligence Evaluation Council shall evaluate 
Intelligence Community-wide collection and production of intelligence, 
as well as the requirements and resources for such collection and 
production. Such evaluation shall be performed in consultation with 
both Deputy Directors of Central Intelligence and with the Director of 
Military Intelligence.

SEC. 323. STAFFING OF THE NATIONAL INTELLIGENCE EVALUATION COUNCIL.

    The Director of Central Intelligence shall make available to the 
National Intelligence Evaluation Council such staff as may be necessary 
to permit the Council to carry out its responsibilities under this 
subtitle and shall take appropriate measures to ensure that the Council 
and its staff satisfy the needs of policymaking officials and other 
consumers of intelligence.

             Subtitle C--Future of Intelligence Collection

SEC. 331. PANEL ON THE FUTURE OF INTELLIGENCE COLLECTION.

    (a) Study.--The Director of Central Intelligence and the Secretary 
of Defense shall arrange for a study to be conducted on the future of 
intelligence collection, in terms of managing collection resources in a 
more consolidated, synergistic manner. The study is not limited to, but 
should include specific examination of the following:
            (1) Establishing within the Intelligence Community a single 
        agency with responsibility for--
                    (A) the clandestine collection of intelligence 
                through human sources and other clandestine techniques;
                    (B) covert action; and
                    (C) representing the Director of Central 
                Intelligence in liaison with foreign intelligence and 
                security services.
            (2) Establishing a single agency for the conduct of 
        technical intelligence collection activities, including--
                    (A) signals intelligence (SIGINT), imagery 
                intelligence (IMINT), and measurement and signatures 
                intelligence (MASINT);
                    (B) first-phase (or initial) exploitation of the 
                results of such collection;
                    (C) dissemination of such collection in a timely 
                manner;
                    (D) development of processing and exploitation 
                technologies to support these functions; and
                    (E) serving as the sole agent within the 
                Intelligence Community for--
                            (i) the specification of technical 
                        requirements for such reconnaissance systems as 
                        may be needed to meet the signals intelligence, 
                        imagery intelligence, and measurement and 
                        signatures intelligence collection requirements 
                        of the Intelligence Community; and
                            (ii) the operation and final disposition of 
                        such systems.
            (3) Establishing a single agency--
                    (A) to serve as the sole agent within the 
                Intelligence Community for the conduct of research, 
                development, test, and evaluation, for procurement, and 
                for launch of satellite reconnaissance systems that may 
                be required to satisfy the intelligence collection 
                requirements of the Intelligence Community; and
                    (B) to serve as the primary agent within the 
                Intelligence Community for the conduct of research, 
                development, test, evaluation and for procurement of 
                reconnaissance, surveillance, and sensor systems, 
                including airborne and maritime reconnaissance 
                capabilities within the National Foreign Intelligence 
                Program and the Joint Military Intelligence Program.
            (4) Establishing a single agency for collection and 
        processing of imagery and geospatial information. This should 
        be examined as both a stand-alone agency and as a subset of the 
        agency described in paragraph (2). Specifically, the study 
        should evaluate the substantive advantages and disadvantages of 
        consolidating imagery collection into an overall collection 
        agency.
    (b) Criteria.--The study under subsection (a) shall--
            (1) take into account current and future technological 
        capabilities and intelligence requirements;
            (2) take into account the costs and benefits associated 
        with establishing each of the agencies described in paragraphs 
        (1) through (4) of subsection (a) as well as the costs and 
        benefits of maintaining the current system of distinct 
        ``collection stovepipes''; and
            (3) examine establishing each of the agencies described in 
        paragraphs (1) through (4) of subsection (a) both on their 
        individual merits and also with a view toward having such 
        agencies co-exist as an entire new organizational structure.
    (c) Panel Members.--
            (1) Selection.--The Director of Central Intelligence and 
        the Secretary of Defense, jointly, shall select individuals for 
        membership on a panel to conduct the study under subsection (a) 
        who are--
                    (A) current and former members of the Intelligence 
                Community and senior policy makers who are 
                knowledgeable about a diverse range of intelligence 
                requirements; and
                    (B) such other public or private individuals as the 
                Director and the Secretary deem appropriate.
            (2) Balance.--Membership on the panel shall be balanced in 
        terms of technical and operational knowledge and views so as to 
        ensure the objectivity of the panel's report.
            (3) Director.--The Director of Central Intelligence shall 
        appoint a director of the panel from among its members. The 
        director of the panel may create such sub-panels as the 
        director deems appropriate.
    (d) Report.--No later than April 15, 1997, the panel shall submit a 
report of the study to the Director of Central Intelligence, who shall 
forward the report to the President, the Secretary of Defense, and to 
the congressional intelligence committees.

TITLE IV--DEPARTMENT OF DEFENSE FUNCTIONS IN THE INTELLIGENCE COMMUNITY

                    Subtitle A--Secretary of Defense

SEC. 401. OVERALL SECRETARY OF DEFENSE FUNCTIONS.

    The Secretary of Defense shall perform such intelligence functions 
as may be directed by the President by Executive order or otherwise.

SEC. 402. REQUIREMENT THAT BUDGETS FOR INTELLIGENCE COMPONENTS BE 
              ADEQUATE.

    The Secretary of Defense shall ensure that the budgets of the 
elements of the Intelligence Community within the Department of Defense 
for any fiscal year are adequate to satisfy the overall intelligence 
needs of the Department of Defense, including--
            (1) the needs of the chairman of the Joint Chiefs of Staff;
            (2) the needs of the commanders of the unified and 
        specified commands; and
            (3) the needs of other departments and agencies, as 
        appropriate.

SEC. 403. IMPLEMENTATION OF DIRECTOR OF CENTRAL INTELLIGENCE POLICIES 
              AND RESOURCE DECISIONS.

    The Secretary of Defense shall ensure appropriate implementation of 
the policies and resource decisions of the Director of Central 
Intelligence by elements of the Department of Defense within the 
National Foreign Intelligence Program.

SEC. 404. RELATIONSHIP OF NFIP ACTIVITIES TO TACTICAL INTELLIGENCE 
              ACTIVITIES.

    The Secretary of Defense shall ensure that the tactical 
intelligence activities of the Department of Defense complement, and 
are compatible with, intelligence activities under the National Foreign 
Intelligence Program. The Secretary shall carry out this section 
through the Director of Military Intelligence.

SEC. 405. RESPONSIVENESS TO OPERATIONAL MILITARY FORCES.

    The Secretary of Defense shall ensure that the elements of the 
Intelligence Community within the Department of Defense are responsive 
and timely with respect to satisfying the needs of operational military 
forces.

SEC. 406. ELIMINATION OF WASTE AND UNNECESSARY DUPLICATION.

    The Secretary of Defense shall eliminate waste and unnecessary 
duplication among the intelligence activities of the Department of 
Defense.

SEC. 407. JOINT AND CORPORATE CONDUCT OF DEFENSE INTELLIGENCE 
              ACTIVITIES.

    The Secretary of Defense shall ensure that, when appropriate, 
intelligence activities of the Department of Defense are conducted (1) 
jointly, and (2) cooperatively with elements of the Intelligence 
Community outside the Department of Defense.

SEC. 408. SIGNALS INTELLIGENCE ACTIVITIES.

    The Secretary of Defense shall ensure through the National Security 
Agency (except as otherwise directed by the President or the National 
Security Council), the continued operation of an effective unified 
organization for the conduct of signals intelligence activities and 
shall ensure that the product is disseminated in a timely manner to 
authorized recipients.

SEC. 409. IMAGERY COLLECTION, PROCESSING, AND EXPLOITATION.

    The Secretary of Defense shall ensure through the Central Imagery 
Office (except as otherwise directed by the President or the National 
Security Council), with appropriate representation from the 
Intelligence Community, the continued operation of an effective unified 
organization within the Department of Defense for carrying out tasking 
of imagery collection, for the coordination of imagery processing and 
exploitation activities, and for ensuring the dissemination of imagery 
in a timely manner to authorized recipients.

SEC. 410. OVERHEAD RECONNAISSANCE SYSTEMS.

    The Secretary of Defense shall ensure through the National 
Reconnaissance Office (except as otherwise directed by the President or 
the National Security Council), the continued operation of an effective 
unified organization for the research and development, acquisition, and 
operation of overhead reconnaissance systems necessary to satisfy the 
requirements of all elements of the Intelligence Community.

SEC. 411. USE OF ELEMENTS OF DEPARTMENT OF DEFENSE.

    The Secretary of Defense, in carrying out the functions of the 
Secretary under this Act, may use such elements of the Department of 
Defense as may be appropriate for the execution of those functions, in 
addition to, or in lieu of, the elements specifically identified in 
this Act for the performance of those functions.

SEC. 412. CONSULTATIONS REGARDING APPOINTMENT OF CERTAIN INTELLIGENCE 
              OFFICIALS.

    (a) In General.--Section 201 of title 10, United States Code, is 
amended to read as follows:
``Sec. 201. Consultation regarding appointment of heads of certain 
              intelligence components
    ``(a) Consultations With Regard to Directors of NSA and NRO.--
Before submitting a recommendation to the President regarding the 
appointment of an individual to the position of Director of the 
National Security Agency or Director of the National Reconnaissance 
Office, the Secretary of Defense shall consult with the Director of 
Central Intelligence regarding the recommendation.
    ``(b) Appointment of Head of Central Imagery Office.--The Secretary 
shall appoint, upon the recommendation of the Director of Central 
Intelligence, the head of the Central Imagery Office within the 
Department of Defense.''.
    (b) Clerical Amendment.--The item relating to section 201 in the 
table of sections at the beginning of subchapter II of chapter 8 of 
such title is amended to read as follows:

``201. Consultation regarding appointment of heads of certain 
                            intelligence components.''.

             Subtitle B--Director of Military Intelligence

SEC. 421. DIRECTOR OF MILITARY INTELLIGENCE.

    (a) Establishment of Position.--There is a Director of Military 
Intelligence, appointed by the President, by and with the advice and 
consent of the Senate, from the officers of the regular components of 
the Armed Forces on active duty. The Director, while so serving, holds 
the grade of lieutenant general or vice admiral.
    (b) Nomination.--A recommendation by the Secretary of Defense to 
the President for appointment of an officer as Director of Military 
Intelligence may be made only after consultation with the Director of 
Central Intelligence.

SEC. 422. FUNCTIONS OF THE DIRECTOR OF MILITARY INTELLIGENCE.

    (a) Senior Military Intelligence Adviser.--The Director of Military 
Intelligence is the senior military intelligence adviser to the 
Secretary of Defense.
    (b) Director of DIA.--The Director of Military Intelligence is the 
Director of the Defense Intelligence Agency.
    (c) Program Manager for JMIP.--The Director of Military 
Intelligence is the program manager for the Joint Military Intelligence 
Program (or any successor program).
    (d) Program Coordinator for TIARA.--The Director of Military 
Intelligence is the program coordinator for the activities in the 
Department of Defense known as Tactical Intelligence and Related 
Activities (TIARA).

SEC. 423. ROLE OF DIRECTOR OF MILITARY INTELLIGENCE IN THE INTELLIGENCE 
              COMMUNITY.

    (a) National Intelligence.--The Director of Military Intelligence, 
as director of the Defense Intelligence Agency, is accountable to the 
Director of Central Intelligence in matters relative to the collection 
and prosecution of national intelligence.
    (b) Intelligence Requirements of the Secretary of Defense and the 
Joint Chiefs of Staff.--The Director of Military Intelligence shall be 
responsible for ensuring that the intelligence requirements of the 
Secretary of Defense and the Joint Chiefs of Staff are met.

SEC. 424. PLANNING AND BUDGET FUNCTIONS.

    (a) JMIP Responsibility.--The Director of Military Intelligence is 
responsible within the Department of Defense for development and 
submission of the Joint Military Intelligence Program for any fiscal 
year.
    (b) TIARA Responsibility.--The Director is responsible within the 
Department of Defense for coordination of the development and 
submission of the budget for any fiscal year for programs, projects, 
and activities included within Tactical Intelligence and Related 
Activities.
    (c) Overall Budget Coordination.--The Director is the central point 
of contact in the Department of Defense for budget coordination with 
the Deputy Director of Central Intelligence for Community Management 
relating to the development and submission of the National Foreign 
Intelligence Program for any fiscal year.

SEC. 425. STAFF.

    The Director of Military Intelligence shall have a staff sufficient 
to enable the Director to carry out the functions of the Director, 
including responsibilities with respect to budget development, 
planning, programming, and coordination. The Director shall ensure that 
the staff acts in a coordinated and corporate way with the Community 
Management Staff and the Infrastructure Support Office.

                Subtitle C--Defense Intelligence Agency

SEC. 441. DEFENSE INTELLIGENCE AGENCY GENERALLY.

    (a) In General.--There is within the Department of Defense a 
Defense Agency designated as the Defense Intelligence Agency. The 
Director of Military Intelligence is the head of the Defense 
Intelligence Agency.
    (b) Supervision.--The Director of Military Intelligence shall carry 
out the Director's responsibilities as head of the Defense Intelligence 
Agency under the direction of the Secretary of Defense and subject to 
the authority and guidance of the Director of Central Intelligence for 
those activities that support national intelligence requirements.

SEC. 442. FUNCTIONS OF THE DEFENSE INTELLIGENCE AGENCY.

    (a) Production.--The Director of Military Intelligence, in the 
Director's capacity as head of the Defense Intelligence Agency, shall 
produce timely, objective military and military-related intelligence, 
independent of political considerations or bias and based upon all 
sources available to the Intelligence Community.
    (b) Dissemination of Intelligence.--The Director shall ensure the 
appropriate dissemination of intelligence produced pursuant to 
subsection (a) to authorized recipients.
    (c) Management of Joint Intelligence Center.--The Director shall 
manage the Joint Intelligence Center as provided by section 923 of 
Public Law 102-190 (10 U.S.C. 201 note; 105 Stat. 1453).
    (d) Coordination.--The Director shall coordinate the exercise 
pursuant to section 924 of Public Law 102-190 (10 U.S.C. 113 note; 105 
Stat. 1454) of national intelligence collections systems and 
exploitation organizations that would be used to provide intelligence 
support, including support of the combatant commands, during a crisis 
or conflict.
    (e) Defense Attache System.--The Director shall manage the Defense 
Attache system.
    (f) Additional Functions.--The Director shall perform such 
additional services of common concern to the intelligence elements of 
the Department of Defense as the Secretary of Defense determines can be 
more efficiently accomplished centrally.

                  Subtitle D--The Military Departments

SEC. 451. INTELLIGENCE CAPABILITIES OF THE MILITARY DEPARTMENTS.

    (a) Requirement for Maintenance of Capabilities.--Under the 
direction of the Secretary of Defense, the Secretaries of the military 
departments shall maintain sufficient capabilities to collect and 
produce intelligence to meet--
            (1) the requirements of the Director of Central 
        Intelligence;
            (2) the requirements of the Secretary of Defense or the 
        Chairman of the Joint Chiefs of Staff; and
            (3) the specialized requirements of the military 
        departments for intelligence necessary to support--
                    (A) tactical commanders;
                    (B) military planners;
                    (C) the research and development process;
                    (D) the acquisition of military equipment; and
                    (E) training and doctrine.
    (b) Level and Form of Capabilities To Be Maintained.--The 
Secretaries of the military departments shall ensure that the 
capabilities maintained pursuant to subsection (a) do not exceed that 
which is necessary to satisfy the requirements of their respective 
departments. To the extent feasible, the Secretaries shall provide for 
such capabilities to be maintained jointly and in the most efficient 
and cost-effective form.

                   Subtitle E--Planning and Budgeting

SEC. 461. JOINT MILITARY INTELLIGENCE PROGRAM.

    (a) In General.--The Joint Military Intelligence Program consists 
of those programs, projects, and activities of the Department of 
Defense that are intended to provide intelligence, surveillance, and 
reconnaissance capabilities that support multiple defense-wide or joint 
theater-level consumers.
    (b) Components.--The Joint Military Intelligence Program includes 
the programs, projects, and activities that as of the date of the 
enactment of this Act are designated as follows:
            (1) The Defense Imagery Program.
            (2) The Defense Cryptologic Program.
            (3) The Defense Mapping, Charting, and Geodesy Program.
            (4) The Defense General Intelligence Applications Program, 
        including--
                    (A) the Defense Airborne Reconnaissance Program;
                    (B) the Defense Space Reconnaissance Program;
                    (C) the Defense Intelligence Counterdrug Program;
                    (D) the Defense Intelligence Tactical Program; and
                    (E) the Defense Intelligence Special Technologies 
                Program.
    (c) Additional Components.--The Joint Military Intelligence Program 
includes such additional programs, projects, and activities as are 
specified by law or are designated by the Secretary of Defense.

SEC. 462. TACTICAL INTELLIGENCE AND RELATED ACTIVITIES (TIARA).

    (a) In General.--The set of programs, projects, and activities in 
the Department of Defense referred to as Tactical Intelligence and 
Related Activities are those programs, projects, and activities of the 
Department of Defense that--
            (1) provide intelligence, surveillance, and reconnaissance 
        capabilities that are unique to one of the military services; 
        and
            (2) are part of a force structure organic to one of the 
        military services at the component level and below.
    (b) Included Personnel Activities.--Those activities include 
activities that train personnel for intelligence duties or provide an 
intelligence reserve.
    (c) Certain Weapons Targeting Programs Excluded.--Those activities 
do not include programs that are so closely integrated with a weapons 
system that their primary function is to provide immediate-use 
targeting data.

SEC. 463. NOTICE TO CONGRESS OF CHANGES IN JMIP AND TIARA.

    The Secretary of Defense may not add to or remove program elements 
from (other than a change provided by law) the Joint Military 
Intelligence Program or the Tactical Intelligence and Related 
Activities aggregation for any fiscal year unless the Secretary 
included notice of the proposed change with the budget justification 
materials submitted to the congressional intelligence committees for 
the preceding fiscal year. The Secretary shall include with any such 
notice a statement providing an explanation and justification for the 
proposed change.

           Subtitle F--Civilian Intelligence Personnel Policy

SEC. 481. STANDARDIZATION OF PERSONNEL POLICIES FOR INTELLIGENCE 
              COMPONENTS OF DEPARTMENT OF DEFENSE

    (a) Consolidation and Standardization.--Chapter 83 of title 10, 
United States Code, is amended--
            (1) by redesignating section 1602 as section 1607 and 
        transferring that section so as to appear after section 1606; 
        and
            (2) by striking out sections 1601, 1603, and 1604 and 
        inserting in lieu thereof the following:
``Sec. 1601. Management of civilian intelligence personnel
    ``(a) General Personnel Authority.--The Secretary of Defense may, 
without regard to the provisions of any other law relating to the 
appointment, number, classification, or compensation of employees--
            ``(1) establish such excepted service positions, including 
        positions in the Intelligence Senior Executive Service and 
        positions that may be designated as Intelligence Senior Level 
        positions under section 1602(c) of this title, for civilian 
        intelligence officers and employees of the intelligence 
        components of the Department of Defense as may be necessary to 
        carry out the intelligence functions of such components;
            ``(2) appoint individuals to such positions with 
        appropriate consideration of veterans' preference; and
            ``(3) fix the compensation of such individuals for service 
        in such positions.
    ``(b) Authority To Fix Rates of Basic Pay, Other Allowances and 
Benefits.--(1) The Secretary of Defense shall, subject to subsection 
(c), fix the rates of basic pay for positions established under this 
section in relation to the rates of basic pay provided in subpart D of 
part III of title 5, for positions subject to that title which have 
corresponding levels of duties and responsibilities. Except as 
otherwise provided by law, a civilian intelligence employee of an 
intelligence component of the Department of Defense, including an 
Intelligence Senior Level employee or a member of the Intelligence 
Senior Executive Service, may not be paid basic pay in excess of the 
maximum rate payable under section 5306(e), section 5376, or section 
5382 of title 5, respectively.
    ``(2) The Secretary of Defense may provide civilian employees of 
the intelligence components of the Department of Defense compensation 
(in addition to basic pay) including benefits, incentives, and 
allowances consistent with, and not in excess of the level authorized 
for, comparable positions authorized by title 5.
    ``(c) Prevailing Rate Systems.--The Secretary of Defense may, 
consistent with section 5341 of title 5, adopt such provisions of that 
title as provide for prevailing rate systems of basic pay and may apply 
those provisions to positions for civilian employees in or under which 
the Department may employ individuals described by section 
5342(a)(2)(A) of such title.
    ``(d) Allowances Based on Living Costs and Environment.--(1) In 
addition to the basic pay payable under subsection (b), civilian 
intelligence officers and employees of the intelligence components of 
the Department of Defense who are citizens or nationals of the United 
States and are stationed outside the continental United States or in 
Alaska may be paid allowances, in accordance with regulations 
prescribed by the Secretary of Defense, at a rate not in excess of the 
allowance authorized to be paid by section 5941(a) of title 5 for 
employees whose rates of basic pay are fixed by statute.
    ``(2) Such allowances shall be based on--
            ``(A) living costs substantially higher than in the 
        District of Columbia;
            ``(B) conditions of environment which differ substantially 
        from conditions of environment in the continental United States 
        and warrant an allowance as a recruitment incentive; or
            ``(C) both of the factors specified in subparagraphs (A) 
        and (B).
``Sec. 1602. Intelligence Senior Executive Service
    ``(a) Intelligence Senior Executive Service.--With regard to any 
positions equivalent to the Senior Executive Service which may be 
established pursuant to section 1601 of this title, the Secretary of 
Defense shall prescribe regulations which are consistent with the 
requirements set forth in sections 3131, 3132(a)(2), 3396(c), 3592, 
3595(a), 5384, and 6304 of title 5 and subsections (a), (b), and (c) of 
section 7543 of title 5 (except that any hearing or appeal shall be 
held or decided pursuant to regulations issued by the Secretary). To 
the extent practicable, the Secretary shall also prescribe regulations 
to implement such other provisions of title 5 as apply to members of 
the Senior Executive Service or to individuals applying for positions 
in the Senior Executive Service.
    ``(b) Award of Rank to Members of the Intelligence Senior Executive 
Service.--The President, based on the recommendations of the Secretary 
of Defense, may award a rank referred to in section 4507 of title 5 to 
members of the Intelligence Senior Executive Service whose positions 
may be established pursuant to this section. The awarding of such rank 
shall be made in a manner consistent with the provisions of that 
section.
    ``(c) Intelligence Senior Level Positions.--In carrying out section 
1601(a) of this title, the Secretary of Defense may designate positions 
as Intelligence Senior Level positions. Positions which may be so 
designated are those which require functional expertise and advisory 
capacity, but do not have the organizational or program management 
functions necessary for inclusion in the Intelligence Senior Executive 
Service. Before designating any such position, the Secretary shall 
prescribe regulations to implement this subsection.
``Sec. 1603. Administrative provisions
    ``(a) Time Limited Appointments.--(1) The Secretary of Defense may 
by regulation authorize the use of time-limited appointments when 
hiring and appointing an employee to certain prescribed positions 
within an intelligence component of the Department of Defense. An 
employee who has a time-limited appointment is not eligible for 
conversion to a permanent Intelligence Senior Executive Service 
position without competition.
    ``(2) In this subsection, the term `time-limited appointment' means 
an appointment to a position within an intelligence component of the 
Department of Defense for a period not to exceed five years.
    ``(b) Termination of Civilian Intelligence Employees.--(1) 
Notwithstanding any other provision of law, the Secretary of Defense 
may terminate the employment of any civilian intelligence officer or 
employee of an intelligence component of the Department of Defense if 
the Secretary--
            ``(A) considers that action to be in the interests of the 
        United States; and
            ``(B) determines that the procedures prescribed in other 
        provisions of law that authorize the termination of the 
        employment of such officer or employee cannot be invoked in a 
        manner consistent with national security.
    ``(2) A decision by the Secretary under this subsection is final 
and may not be appealed or reviewed outside the Department of Defense.
    ``(3) The Secretary of Defense shall promptly notify the Permanent 
Select Committee on Intelligence of the House of Representatives and 
the Select Committee on Intelligence of the Senate whenever the 
Secretary terminates the employment of any officer or employee under 
the authority of this section.
    ``(4) Any termination of employment under this subsection does not 
affect the right of the officer or employee involved to seek or accept 
employment with any other department or agency of the United States if 
that officer or employee is declared eligible for such employment by 
the Director of the Office of Personnel Management.
    ``(5) The authority of the Secretary of Defense under this 
subsection may be delegated only to the Deputy Secretary of Defense or 
(with respect to officers and employees under their respective 
jurisdictions) the heads of the intelligence components of the 
Department of Defense. An action to terminate employment of any 
civilian intelligence officer or employee of the Department by any such 
officer may be appealed to the Secretary of Defense.
    ``(c) Adjustment in Force.--(1) Notwithstanding sections 3501(b) 
and 3502 of title 5 and subject to paragraph (2), the Secretary of 
Defense may prescribe regulations for the separation of civilian 
employees of the intelligence components of the Department of Defense 
including members of the Intelligence Senior Executive Service and 
employees assigned to Intelligence Senior Level positions, in an 
adjustment in force which give effect to--
            ``(A) performance;
            ``(B) tenure of employment;
            ``(C) length of service as computed under section 
        3502(a)(A), (B), and (C) of title 5; and
            ``(D) veterans' preference, subject to sections 3501(a)(3) 
        and 3502(b) of title 5.
    ``(2) An adjustment in force in the Intelligence Senior Executive 
Service shall be consistent with section 3595(a) of title 5.
    ``(3) The regulations prescribed under paragraph (1) shall include 
provisions for appeal rights within the Department in lieu of the 
provisions of any other law or regulations for all employees affected 
by actions under this subsection.
    ``(d) Notification of Congress.--The Secretary of Defense shall 
notify Congress of any regulations prescribed to carry out this section 
or section 1601 or 1602 of this title. Such notice shall be provided by 
submitting a copy of the regulations to the Permanent Select Committee 
on Intelligence of the House of Representatives and the Select 
Committee on Intelligence of the Senate at least 60 days before such 
regulations take effect.
``Sec. 1604. Intelligence components of the Department of Defense 
              defined
    ``In this chapter, the term `intelligence component of the 
Department of Defense' means any of the following:
            ``(1) The National Security Agency.
            ``(2) The Defense Intelligence Agency.
            ``(3) The Central Imagery Office.
            ``(4) The National Reconnaissance Office.
            ``(5) The intelligence components of the military 
        departments.
            ``(6) Any other intelligence component of the Department of 
        Defense so designated by the Secretary of Defense.
            ``(7) Any successor to any such agency or office.''.
    (b) Repeal of Superseded Provisions.--The following provisions of 
law are repealed:
            (1) Section 1590 of title 10, United States Code.
            (2) Section 303 of the Internal Security Act of 1950 (50 
        U.S.C. 833).
    (c) Clerical Amendments.--(1)(A) The heading of chapter 83 of title 
10, United States Code, is amended to read as follows:

        ``CHAPTER 83--DEFENSE INTELLIGENCE CIVILIAN PERSONNEL''.

    (B) The items relating to such chapter in the tables of chapters at 
the beginning of subtitle A, and at the beginning of part II of 
subtitle A, of such title are amended by striking out ``Agency and 
Central Imagery Office''.
    (2) The table of sections at the beginning of chapter 81 of such 
title is amended by striking out the item relating to section 1590.
    (3) The table of sections at the beginning of chapter 83 of such 
title is amended--
            (A) by striking out the items relating to sections 1601, 
        1602, 1603, and 1604 and inserting in lieu thereof the 
        following:

``1601. Management of civilian intelligence personnel.
``1602. Intelligence Senior Executive Service.
``1603. Administrative provisions.
``1604. Intelligence components of the Department of Defense 
                            defined.''; and
            (B) by inserting after the item relating to section 1606 
        the following new item:

``1607. Merit pay system: Defense Intelligence Agency and Central 
                            Imagery Office.''.
    (3) The heading of section 1607, as transferred and redesignated by 
subsection (a), is amended to read as follows:
``Sec. 1607. Merit pay system: Defense Intelligence Agency and Central 
              Imagery Office''.

SEC. 482. TEMPORARY PROGRAM FOR CIVILIAN WORKFORCE REDUCTION IN THE 
              NATIONAL SECURITY AGENCY.

    (a) Voluntary Early Retirement Program.--The Secretary of Defense 
may authorize the Director of the National Security Agency to permit 
eligible employees to retire early from service voluntarily by 
obtaining a lump-sum payment representing the present value of the 2 
percent per annum early retirement penalty provided in section 8339(h) 
of title 5, United States Code.
    (b) Conditions for Payment.--Under the program, the payment may be 
offered only--
            (1) with the prior consent, or on the authority, of the 
        Secretary of Defense;
            (2) to employees of the National Security Agency;
            (3) to employees within such occupational groups or 
        geographic locations, or subject to such other similar 
        limitations or conditions as the Director of the National 
        Security Agency may require; and
            (4) for a period not to exceed 90 consecutive days during 
        the period from October 1, 1996, to September 30, 1997.
    (c) Terms of Payment.--Such payment shall--
            (1) be paid in a lump sum;
            (2) be equal to the present value of the total reduction in 
        the annuity pursuant to section 8339(h) of title 5, United 
        States Code, as calculated using appropriate present value 
        factors supplied by the Director of the Office of Personnel 
        Management;
            (3) not be a basis for payment, and not be included in the 
        computation, of any other type of Government benefit;
            (4) not be provided to employees who elect to receive 
        separation pay under section 5597 of title 5, United States 
        Code; and
            (5) be subject to the availability of appropriations 
        pursuant to subsection (e).
    (d)  Repayment  Upon  Reemployment  by  the  United States.--(1) An 
individual who has received a payment under this section and 
subsequently accepts employment with the United States shall be 
required to repay, before the individual's first day of employment, the 
entire amount of the lump-sum payment to the National Security Agency.
    (2) For the purpose of this section, the term ``employment'' 
includes--
            (A) employment of any length or under any type of 
        appointment, but does not include employment that is without 
        compensation; and
            (B) employment under a personal services contract, as 
        defined in the Federal Procurement Regulations.
    (e) Source of Payment.--(1) A lump-sum payment under this section 
may be paid by the Director of the National Security Agency only out of 
appropriations available to the National Security Agency for salaries 
and expenses.
    (2) Funds authorized to be appropriated for operation and 
maintenance for the National Security Agency in the Intelligence 
Authorization Act for Fiscal Year 1997 are authorized to be made 
available for lump sum payments under this section.
    (f) Definition.--For purposes of this section, the term 
``employee'' means an individual who on the date of the enactment of 
this Act is an employee of the National Security Agency, serving under 
an appointment without time limitation, who has been employed as of 
that date for a period of at least 60 months, and who is in the Civil 
Service Retirement System and is eligible for an annuity under section 
8336(d)(2) of title 5, United States Code. Such term does not include--
            (1) a reemployed annuitant under subchapter III of chapter 
        83 of such title; or
            (2) an employee having a disability on the basis of which 
        such employee is or would be eligible for disability retirement 
        under chapter 83 of such title.

  TITLE V--NATIONAL SECURITY COUNCIL AND RELATED BOARDS AND COMMITTEES

SEC. 501. RECODIFICATION OF LAWS RELATING TO NATIONAL SECURITY COUNCIL 
              AND RELATED BOARDS AND COMMITTEES IN EXECUTIVE OFFICE OF 
              THE PRESIDENT.

    Title I of the National Security Act of 1947 is amended by striking 
out the title heading and sections 101 through 107 and inserting in 
lieu thereof the following:

 ``TITLE I--NATIONAL SECURITY COUNCIL AND RELATED BOARDS AND COMMITTEES

``SEC. 101. NATIONAL SECURITY COUNCIL.

    ``(a) In General.--There is in the Executive Office of the 
President the National Security Council. The Council is composed of the 
following:
            ``(1) The President.
            ``(2) The Vice President.
            ``(3) The Secretary of State.
            ``(4) The Secretary of Defense.
    ``(b) Additional Participants.--Subject to the direction of the 
President, the following officers may attend and participate in 
meetings of the National Security Council:
            ``(1) Director of central intelligence.--The Director of 
        Central Intelligence (or, in the Director's absence, a Deputy 
        Director of Central Intelligence), in the performance of the 
        Director's duties under this Act and the Intelligence Community 
        Act.
            ``(2) Chairman of the joint chiefs of staff.--The Chairman 
        (or, in the Chairman's absence, the Vice Chairman) of the Joint 
        Chiefs of Staff, in the Chairman's role as principal military 
        adviser to the National Security Council.
            ``(3) Director of national drug control policy.--The 
        Director of National Drug Control Policy, in the Director's 
        role as principal adviser to the National Security Council on 
        national drug control policy, but only through the date 
        specified in section 1009 of the National Narcotics Leadership 
        Act of 1988 (21 U.S.C. 1506).
            ``(4) Others designated by the president.--Such additional 
        officers as may be designated by the President.
    ``(c) Functions.--The function of the Council shall be to advise 
the President with respect to the integration of domestic, foreign, and 
military policies relating to the national security so as to enable the 
military services and the other departments and agencies of the 
Government to cooperate more effectively in matters involving the 
national security. In addition to performing such other functions as 
the President may direct, the Council (subject to the direction of the 
President) shall, for the purpose of more effectively coordinating the 
policies and functions of the departments and agencies of the 
Government relating to the national security--
            ``(1) assess and appraise the objectives, commitments, and 
        risks of the United States in relation to our actual and 
        potential military power, in the interest of national security, 
        for the purpose of making recommendations to the President in 
        connection therewith; and
            ``(2) consider policies on matters of common interest to 
        the departments and agencies of the Government concerned with 
        the national security and make recommendations to the President 
        in connection therewith.
    ``(d) Recommendations and Reports.--The Council shall, from time to 
time, make such recommendations and such other reports to the President 
as it considers appropriate or as the President may require.
    ``(e) Staff.--The Council shall have a staff to be headed by a 
civilian executive secretary who shall be appointed by the President. 
The executive secretary, subject to the direction of the Council, may 
subject to the civil-service laws, appoint and fix the compensation of 
such personnel as may be necessary to perform such duties as may be 
prescribed by the Council in connection with the performance of its 
functions.

``SEC. 104. BOARD FOR LOW INTENSITY CONFLICT.

    ``(a) Establishment of Board.--The President shall establish within 
the National Security Council a board to be known as the `Board for Low 
Intensity Conflict'.
    ``(b) Function.--The principal function of the board shall be to 
coordinate the policies of the United States for low intensity 
conflict.

``SEC. 105. NATIONAL COUNTERINTELLIGENCE POLICY BOARD.

    ``(a) Establishment of Board.--There is within the executive branch 
of the Government a National Counterintelligence Policy Board. The 
Board shall report to the President through the National Security 
Council.
    ``(b) Function of the Board.--The Board shall serve as the 
principal mechanism for--
            ``(1) developing policies and procedures for the approval 
        of the President to govern the conduct of counterintelligence 
        activities; and
            ``(2) resolving conflicts, as directed by the President, 
        which may arise between elements of the Government which carry 
        out such activities.''.

SEC. 502. COMMITTEE ON FOREIGN INTELLIGENCE.

    Title I of the National Security Act of 1947, as amended by section 
501, is further amended by inserting after section 101 the following 
new section 102:

``SEC. 102. COMMITTEE ON FOREIGN INTELLIGENCE.

    ``(a) Establishment of Committee.--There is established within the 
National Security Council a Committee on Foreign Intelligence. The 
Committee shall be composed of the following:
            ``(1) The Assistant to the President for National Security 
        Affairs, who shall serve as chairman of the Committee.
            ``(2) The following officers or their respective deputies:
                    ``(A) The Director of Central Intelligence.
                    ``(B) The Secretary of State.
                    ``(C) The Secretary of Defense.
                    ``(D) The Attorney General.
                    ``(E) The Chairman of the Joint Chiefs of Staff.
            ``(3) Such other members as the President may designate.
    ``(b) Function.--The function of the Committee on Foreign 
Intelligence shall be--
            ``(1) to establish, consistent with the policy and 
        objectives of the President, the overall requirements and 
        priorities for the Intelligence Community; and
            ``(2) to assess regularly, on behalf of the President, how 
        effectively the Intelligence Community has performed its 
        responsibilities under this Act and the Intelligence Community 
        Act.
    ``(c) Semiannual Strategic Intelligence Review Process With 
Congress.--Not less often than every six months, the Committee on 
Foreign Intelligence shall convene a meeting with the members of the 
congressional intelligence committees to conduct a comprehensive, 
global strategic intelligence review. Each semiannual meeting shall 
review significant strategic intelligence trends, strategic 
intelligence reporting, and anticipated Intelligence Community 
requirements for the following six to twelve months.''.

SEC. 503. TRANSNATIONAL THREATS.

    Title I of the National Security Act of 1947, as amended by 
sections 501 and 502, is further amended by inserting after section 102 
the following new section 103:

``SEC. 103. COMMITTEE ON TRANSNATIONAL THREATS.

    ``(a) Establishment.--There is established within the National 
Security Council a Committee on Transnational Threats. The Committee 
shall be composed of the following:
            ``(1) The Assistant to the President for National Security 
        Affairs, who shall serve as chairman of the Committee.
            ``(2) The following officers or their respective deputies:
                    ``(A) The Director of Central Intelligence.
                    ``(B) The Secretary of State.
                    ``(C) The Secretary of Defense.
                    ``(D) The Attorney General.
            ``(3) Such other members as the President may designate.
    ``(b) Function.--The function of the Committee on Transnational 
Threats shall be to coordinate and direct the activities of the United 
States Government relating to combating transnational threats. In 
carrying out its function, the Committee shall--
            ``(1) identify transnational threats;
            ``(2) develop strategies to enable the United States 
        Government to respond to transnational threats identified under 
        paragraph (1);
            ``(3) monitor implementation of such strategies;
            ``(4) make recommendations as to appropriate responses to 
        specific transnational threats;
            ``(5) assist in the resolution of operational and policy 
        differences among Federal departments and agencies in their 
        responses to transnational threats;
            ``(6) develop policies and procedures to ensure the 
        effective sharing of information about transnational threats 
        among Federal departments and agencies, including law 
        enforcement agencies and the elements of the intelligence 
        community; and
            ``(7) develop guidelines to enhance and improve the 
        coordination of Federal law enforcement activities overseas.
    ``(c) Definition of transnational threat.--For purposes of this 
section, the term `transnational threat' means the following:
            ``(1) Any transnational activity (including international 
        terrorism, narcotics trafficking, the proliferation of weapons 
        of mass destruction and the delivery systems for such weapons, 
        and organized crime) that threatens the national security of 
the United States.
            ``(2) Any individual or group that engages in an activity 
        referred to in paragraph (1).''.

    TITLE VI--TECHNICAL AND CONFORMING AMENDMENTS AND EFFECTIVE DATE

SEC. 601. RESTATEMENT OF NATIONAL SECURITY AGENCY ACT OF 1959.

    The National Security Agency Act of 1959 (50 U.S.C. 402 note) is 
amended to read as follows:

``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    ``(a) Short Title.--This Act may be cited as the `National Security 
Agency Act of 1959'.
    ``(b) Table of Contents.--The table of contents for this Act is as 
follows:

``Sec. 1. Short title; table of contents.
``Sec. 2. General personnel authorities.
``Sec. 3. Protection of identities of employees.
``Sec. 4. Authority to lease real property outside the United States.
``Sec. 5. Benefits for personnel assigned to special cryptologic 
                            activities outside the United States.
``Sec. 10. Language training for cryptologic personnel.
``Sec. 11. Protection of facilities by General Services Administration.
``Sec. 12. Senior Cryptologic Executive Service.
``Sec. 13. Grants for cryptologic research.
``Sec. 14. Availability of certain appropriations.
``Sec. 15. Protection of agency name from unauthorized use.
``Sec. 16. Recruitment of qualified personnel.
``Sec. 17. Authority to pay certain expenses for employees dying while 
                            on rotational tour of duty in the United 
                            States.

``SEC. 2. GENERAL PERSONNEL AUTHORITIES.

    ``(a) In General.--General personnel authorities of the Secretary 
of Defense with respect to the National Security Agency are provided in 
chapter 83 of title 10, United States Code.
    ``(b) Authority for Additional Compensation for Certain 
Employees.--Officers and employees of the National Security Agency who 
are citizens or nationals of the United States may be granted 
additional compensation, in accordance with regulations which shall be 
prescribed by the Secretary of Defense, not in excess of additional 
compensation authorized by section 5941 of title 5, United States Code, 
for employees whose rates of basic compensation are fixed by statute.

``SEC. 3. PROTECTION OF IDENTITIES OF EMPLOYEES.

    ``Nothing in this Act or any other law shall be construed to 
require the disclosure of the organization or any function of the 
National Security Agency, of any information with respect to the 
activities thereof, or of the names, titles, salaries, or number of the 
persons employed by such agency.

``SEC. 4. AUTHORITY TO LEASE REAL PROPERTY OUTSIDE THE UNITED STATES.

    ``(a) Authority.--Notwithstanding section 322 of the Act of June 
30, 1932 (40 U.S.C. 278a), section 5536 of title 5, United States Code, 
and section 2675 of title 10, United States Code, the Director of the 
National Security Agency, on behalf of the Secretary of Defense, may 
lease real property outside the United States, for periods not 
exceeding ten years, for the use of the National Security Agency for 
special cryptologic activities and for housing for personnel assigned 
to such activities.
    ``(b) Limitation to Appropriated Funds.--The authority of the 
Director of the National Security Agency, on behalf of the Secretary of 
Defense, to make payments under subsection (a), and under contracts for 
leases entered into under subsection (a), is effective for any fiscal 
year only to the extent that appropriated funds are available for such 
purpose.

``SEC. 5. BENEFITS FOR PERSONNEL ASSIGNED TO SPECIAL CRYPTOLOGIC 
              ACTIVITIES OUTSIDE THE UNITED STATES.

    ``(a) Authority To Provide Certain Benefits.--The Director of the 
National Security Agency, on behalf of the Secretary of Defense, may 
provide to certain civilian and military personnel of the Department of 
Defense who are assigned to special cryptologic activities outside the 
United States and who are designated by the Secretary of Defense for 
the purposes of this subsection the following:
            ``(1) Allowances and benefits--
                    ``(A) comparable to those provided by the Secretary 
                of State to members of the Foreign Service under 
                chapter 9 of title I of the Foreign Service Act of 1980 
                (22 U.S.C. 4081 et seq.) or any other provision of law; 
                and
                    ``(B) in the case of selected personnel serving in 
                circumstances similar to those in which personnel of 
                the Central Intelligence Agency serve, comparable to 
                those provided by the Director of Central Intelligence 
                to personnel of the Central Intelligence Agency.
            ``(2) Housing (including heat, light, and household 
        equipment) without cost to such personnel, if the Director of 
        the National Security Agency, on behalf of the Secretary of 
        Defense, determines that it would be in the public interest to 
        provide such housing.
            ``(3) Special retirement accrual in the same manner 
        provided in section 303 of the Central Intelligence Agency 
        Retirement Act (50 U.S.C. 2153) and in section 18 of the 
        Central Intelligence Agency Act of 1949.
    ``(b) Limitation to Appropriated Funds.--The authority of the 
Director of the National Security Agency, on behalf of the Secretary of 
Defense, to make payments under subsection (a) is effective for any 
fiscal year only to the extent that appropriated funds are available 
for such purpose.
    ``(c) Prohibition of Duplication of Benefits.--Members of the Armed 
Forces may not receive benefits under both subsection (a)(1) and under 
title 37, United States Code, for the same purpose. The Secretary of 
Defense shall prescribe such regulations as may be necessary to carry 
out this subsection.
    ``(d) Regulations.--Regulations prescribed under subsection (a)(1) 
shall be submitted to the Permanent Select Committee on Intelligence of 
the House of Representatives and the Select Committee on Intelligence 
of the Senate before such regulations take effect.

``SEC. 10. LANGUAGE TRAINING FOR CRYPTOLOGIC PERSONNEL.

    ``(a) Language Training Programs.--The Director of the National 
Security Agency shall arrange for, and shall prescribe regulations 
concerning, language and language-related training programs for 
military and civilian cryptologic personnel. In establishing programs 
under this section for language and language-related training, the 
Director--
            ``(1) may provide for the training and instruction to be 
        furnished, including functional and geographic area 
        specializations;
            ``(2) may arrange for training and instruction through 
        other Government agencies and, in any case in which appropriate 
        training or instruction is unavailable through Government 
        facilities, through nongovernmental facilities that furnish 
        training and instruction useful in the fields of language and 
        foreign affairs;
            ``(3) may support programs that furnish necessary language 
        and language-related skills, including, in any case in which 
        appropriate programs are unavailable at Government facilities, 
        support through contracts, grants, or cooperation with 
        nongovernmental educational institutions; and
            ``(4) may obtain by appointment or contract the services of 
        individuals to serve as language instructors, linguists, or 
        special language project personnel.
    ``(b) Foreign Language Proficiency Incentives.--(1) In order to 
maintain necessary capability in foreign language skills and related 
abilities needed by the National Security Agency, the Director, without 
regard to subchapter IV of chapter 55 of title 5, United States Code, 
may provide special monetary or other incentives to encourage civilian 
cryptologic personnel of the Agency to acquire or retain proficiency in 
foreign languages or special related abilities needed by the Agency.
    ``(2) In order to provide linguistic training and support for 
cryptologic personnel, the Director--
            ``(A) may pay all or part of the tuition and other expenses 
        related to the training of personnel who are assigned or 
        detailed for language and language-related training, 
        orientation, or instruction; and
            ``(B) may pay benefits and allowances to civilian personnel 
        in accordance with chapters 57 and 59 of title 5, United States 
        Code, and to military personnel in accordance with chapter 7 of 
        title 37, United States Code, and applicable provisions of 
        title 10, United States Code, when such personnel are assigned 
        to training at sites away from their designated duty station.
    ``(c) Cryptologic Linguist Reserve.--(1) To the extent not 
inconsistent, in the opinion of the Secretary of Defense, with the 
operation of military cryptologic reserve units and in order to 
maintain necessary capability in foreign language skills and related 
abilities needed by the National Security Agency, the Director may 
establish a Cryptologic Linguist Reserve.
    ``(2) The Cryptologic Linguist Reserve may consist of former or 
retired civilian or military cryptologic personnel of the National 
Security Agency and of other qualified individuals, as determined by 
the Director of the Agency. Each member of the Cryptologic Linguist 
Reserve shall agree that, during any period of emergency (as determined 
by the Director), the member shall return to active civilian status 
with the National Security Agency and shall perform such linguistic or 
linguistic-related duties as the Director may assign.
    ``(3) In order to attract individuals to become members of the 
Cryptologic Linguist Reserve, the Director, without regard to 
subchapter IV of chapter 55 of title 5, United States Code, may provide 
special monetary incentives to individuals eligible to become members 
of the reserve who agree to become members of the cryptologic linguist 
reserve and to acquire or retain proficiency in foreign languages or 
special related abilities.
    ``(4) In order to provide training and support for members of the 
Cryptologic Linguist Reserve, the Director--
            ``(A) may pay all or part of the tuition and other expenses 
        related to the training of individuals in the Cryptologic 
        Linguist Reserve who are assigned or detailed for language and 
        language-related training, orientation, or instruction; and
            ``(B) may pay benefits and allowances in accordance with 
        chapters 57 and 59 of title 5, United States Code, to 
        individuals in the Cryptologic Linguist Reserve who are 
assigned to training at sites away from their homes or regular places 
of business.
    ``(d) Service Agreements.--(1) The Director, before providing 
training under this section to any individual, may obtain an agreement 
with that individual that--
            ``(A) in the case of current employees, pertains to 
        continuation of service of the employee, and repayment of the 
        expenses of such training for failure to fulfill the agreement, 
        consistent with the provisions of section 4108 of title 5, 
        United States Code; and
            ``(B) in the case of individuals accepted for membership in 
        the Cryptologic Linguist Reserve, pertains to return to service 
        when requested, and repayment of the expenses of such training 
        for failure to fulfill the agreement, consistent with the 
        provisions of section 4108 of title 5, United States Code.
    ``(2) The Director, under regulations prescribed under this 
section, may waive, in whole or in part, a right of recovery under an 
agreement made under this subsection if it is shown that the recovery 
would be against equity and good conscience or against the public 
interest.
    ``(e) Language Training for Family Members.--(1) Subject to 
paragraph (2), the Director may provide to family members of military 
and civilian cryptologic personnel assigned to representational duties 
outside the United States, in anticipation of the assignment of such 
personnel outside the United States or while outside the United States, 
appropriate orientation and language training that is directly related 
to the assignment abroad.
    ``(2) Language training under paragraph (1) may not be provided to 
any individual through payment of the expenses of tuition or other cost 
of instruction at a non-Government educational institution unless 
appropriate instruction is not available at a Government facility.
    ``(f) Waiver Authority.--The Director may waive the applicability 
of any provision of chapter 41 of title 5, United States Code, to any 
provision of this section if he finds that such waiver is important to 
the performance of cryptologic functions.
    ``(g) Limitation to Appropriated Funds.--The authority of the 
Director to enter into contracts or to make grants under this section 
is effective for any fiscal year only to the extent that appropriated 
funds are available for such purpose.
    ``(h) Regulations.--Regulations prescribed under this section shall 
be submitted to the Permanent Select Committee on Intelligence of the 
House of Representatives and the Select Committee on Intelligence of 
the Senate before such regulations take effect.
    ``(i) Travel and Transportation Expenses in Connection With 
Training Outside the United States.--The Director of the National 
Security Agency, on behalf of the Secretary of Defense, may, without 
regard to section 4109(a)(2)(B) of title 5, United States Code, pay 
travel, transportation, storage, and subsistence expenses under chapter 
57 of such title to civilian and military personnel of the Department 
of Defense who are assigned to duty outside the United States for a 
period of one year or longer which involves cryptologic training, 
language training, or related disciplines.

``SEC. 11. PROTECTION OF FACILITIES BY GENERAL SERVICES ADMINISTRATION.

    ``The Administrator of General Services, upon the application of 
the Director of the National Security Agency, may provide for the 
protection in accordance with section 3 of the Act of June 1, 1948 (40 
U.S.C. 318b), of certain facilities (as designated by the Director of 
such Agency) which are under the administration and control of, or are 
used by, the National Security Agency in the same manner as if such 
facilities were property of the United States over which the United 
States has acquired exclusive or concurrent criminal jurisdiction.

``SEC. 12. SENIOR CRYPTOLOGIC EXECUTIVE SERVICE.

    ``(a) Authority To Establish SCES.--(1) The Secretary of Defense 
(or his designee) may by regulation establish a personnel system for 
senior civilian cryptologic personnel in the National Security Agency 
to be known as the Senior Cryptologic Executive Service. The 
regulations establishing the Senior Cryptologic Executive Service shall 
do the following:
            ``(A) Meet the requirements set forth in section 3131 of 
        title 5, United States Code, for the Senior Executive Service.
            ``(B) Provide that positions in the Senior Cryptologic 
        Executive Service meet requirements that are consistent with 
        the provisions of section 3132(a)(2) of such title.
            ``(C) Provide, without regard to section 2, rates of pay 
        for the Senior Cryptologic Executive Service that are not in 
        excess of the maximum rate or less than the minimum rate of 
        basic pay established for the Senior Executive Service under 
        section 5382 of such title, and that are adjusted at the same 
        time and to the same extent as rates of basic pay for the 
        Senior Executive Service are adjusted.
            ``(D) Provide a performance appraisal system for the Senior 
        Cryptologic Executive Service that conforms to the provisions 
        of subchapter II of chapter 43 of such title.
            ``(E) Provide for removal consistent with section 3592 of 
        such title, and removal or suspension consistent with 
        subsections (a), (b), and (c) of section 7543 of such title 
        (except that any hearing or appeal to which a member of the 
        Senior Cryptologic Executive Service is entitled shall be held 
        or decided pursuant to procedures established by regulations of 
        the Secretary of Defense).
            ``(F) Permit the payment of performance awards to members 
        of the Senior Cryptologic Executive Service consistent with the 
        provisions applicable to performance awards under section 5384 
        of such title.
            ``(G) Provide that members of the Senior Cryptologic 
        Executive Service may be granted sabbatical leaves consistent 
        with the provisions of section 3396(c) of such title.
            ``(H) Provide for the recertification of members of the 
        Senior Cryptologic Executive Service consistent with the 
        provisions of section 3393a of such title.
    ``(2) Except as otherwise provided in paragraph (1), the Secretary 
of Defense may--
            ``(A) make applicable to the Senior Cryptologic Executive 
        Service any of the provisions of title 5, United States Code, 
applicable to applicants for or members of the Senior Executive 
Service; and
            ``(B) appoint, promote, and assign individuals to positions 
        established within the Senior Cryptologic Executive Service 
        without regard to the provisions of title 5, United States 
        Code, governing appointments and other personnel actions in the 
        competitive service.
    ``(3) The President, based on the recommendations of the Secretary 
of Defense, may award ranks to members of the Senior Cryptologic 
Executive Service in a manner consistent with the provisions of section 
4507 of title 5, United States Code.
    ``(4) Notwithstanding any other provision of this section, the 
Director of the National Security Agency may detail or assign any 
member of the Senior Cryptologic Executive Service to serve in a 
position outside the National Security Agency in which the member's 
expertise and experience may be of benefit to the National Security 
Agency or another Government agency. Any such member shall not by 
reason of such detail or assignment lose any entitlement or status 
associated with membership in the Senior Cryptologic Executive Service.
    ``(b) Merit Pay System.--The Secretary of Defense may by regulation 
establish a merit pay system for such employees of the National 
Security Agency as the Secretary of Defense considers appropriate. The 
merit pay system shall be designed to carry out purposes consistent 
with those set forth in section 5401(a) of title 5, United States Code.
    ``(c) Limitation on Total Compensation.--Nothing in this section 
shall be construed to allow the aggregate amount payable to a member of 
the Senior Cryptologic Executive Service under this section during any 
fiscal year to exceed the annual rate payable for positions at level I 
of the Executive Schedule in effect at the end of such year.

``SEC. 13. GRANTS FOR CRYPTOLOGIC RESEARCH.

    ``(a) Grant Authority.--The Director of the National Security 
Agency may make grants to private individuals and institutions for the 
conduct of cryptologic research. An application for a grant under this 
section may not be approved unless the Director determines that the 
award of the grant would be clearly consistent with the national 
security.
    ``(b) Applicable Law.--The grant program established by subsection 
(a) shall be conducted in accordance with the Federal Grant and 
Cooperative Agreement Act of 1977 (41 U.S.C. 501 et seq.) to the extent 
that such Act is consistent with and in accordance with section 6 of 
this Act.
    ``(c) Limitation to Appropriated Funds.--The authority of the 
Director to make grants under this section is effective for any fiscal 
year only to the extent that appropriated funds are available for such 
purpose.

``SEC. 14. AVAILABILITY OF CERTAIN APPROPRIATIONS.

    ``Funds appropriated to an entity of the Federal Government other 
than an element of the Department of Defense that have been 
specifically appropriated for the purchase of cryptologic equipment, 
materials, or services with respect to which the National Security 
Agency has been designated as the central source of procurement for the 
Government shall remain available for a period of three fiscal years.

``SEC. 15. PROTECTION OF AGENCY NAME FROM UNAUTHORIZED USE.

    ``(a) Prohibition on Unauthorized Use.--No person may, except with 
the written permission of the Director of the National Security Agency, 
knowingly use the words `National Security Agency', the initials `NSA', 
the seal of the National Security Agency, or any colorable imitation of 
such words, initials, or seal in connection with any merchandise, 
impersonation, solicitation, or commercial activity in a manner 
reasonably calculated to convey the impression that such use is 
approved, endorsed, or authorized by the National Security Agency.
    ``(b) Enforcement.--Whenever it appears to the Attorney General 
that any person is engaged or is about to engage in an act or practice 
which constitutes or will constitute conduct prohibited by subsection 
(a), the Attorney General may initiate a civil proceeding in a district 
court of the United States to enjoin such act or practice. Such court 
shall proceed as soon as practicable to the hearing and determination 
of such action and may, at any time before final determination, enter 
such restraining orders or prohibitions, or take such other action as 
is warranted, to prevent injury to the United States or to any person 
or class of persons for whose protection the action is brought.

``SEC. 16. RECRUITMENT OF QUALIFIED PERSONNEL.

    ``(a) Purpose.--The purpose of this section is to establish an 
undergraduate training program, which may lead to the baccalaureate 
degree, to facilitate the recruitment of individuals, particularly 
minority high school students, with a demonstrated capability to 
develop skills critical to the mission of the National Security Agency, 
including mathematics, computer science, engineering, and foreign 
languages.
    ``(b) Assignment of Civilian Employees.--The Secretary of Defense 
may, in the Secretary's discretion, assign civilian employees of the 
National Security Agency as students at accredited professional, 
technical, and other institutions of higher learning for training at 
the undergraduate level in skills critical to effective performance of 
the mission of the Agency.
    ``(c) Limitation to Appropriated Funds.--The National Security 
Agency may pay, directly or by reimbursement to employees, expenses 
incident to assignments under subsection (b), in any fiscal year only 
to the extent that appropriated funds are available for such purpose.
    ``(d) Employee Agreement.--(1) To be eligible for assignment under 
subsection (b), an employee of the Agency must agree in writing to the 
following:
            ``(A) To continue in the service of the Agency for the 
        period of the assignment and to complete the educational course 
        of training for which the employee is assigned.
            ``(B) To continue in the service of the Agency following 
        completion of the assignment for a period of one-and-a-half 
        years for each year of the assignment or part thereof.
            ``(C) To reimburse the United States for the total cost of 
        education (excluding the employee's pay and allowances) 
        provided under this section to the employee if, before the 
        employee's completing the educational course of training for 
        which the employee is assigned, the assignment or the 
        employee's employment with the Agency is terminated either by 
        the Agency due to misconduct by the employee or by the employee 
        voluntarily.
            ``(D) To reimburse the United States if, after completing 
        the educational course of training for which the employee is 
        assigned, the employee's employment with the Agency is 
        terminated either by the Agency due to misconduct by the 
        employee or by the employee voluntarily, before the employee's 
        completion of the service obligation period described in 
        subparagraph (B), in an amount that bears the same ratio to the 
        total cost of the education (excluding the employee's pay and 
        allowances) provided to the employee as the unserved portion of 
        the service obligation period described in subparagraph (B) 
        bears to the total period of the service obligation described 
        in subparagraph (B).
    ``(2) Subject to paragraph (3), the obligation to reimburse the 
United States under an agreement described in paragraph (1), including 
interest due on such obligation, is for all purposes a debt owing the 
United States.
    ``(3)(A) A discharge in bankruptcy under title 11, United States 
Code, shall not release a person from an obligation to reimburse the 
United States required under an agreement described in paragraph (1) if 
the final decree of the discharge in bankruptcy is issued within five 
years after the last day of the combined period of service obligation 
described in subparagraphs (A) and (B) of paragraph (1).
    ``(B) The Secretary of Defense may release a person, in whole or in 
part, from the obligation to reimburse the United States under an 
agreement described in paragraph (1) when, in the Secretary's 
discretion, the Secretary determines that equity or the interests of 
the United States so require.
    ``(C) The Secretary of Defense shall permit an employee assigned 
under this section who, before commencing a second academic year of 
such assignment, voluntarily terminates the assignment or the 
employee's employment with the Agency, to satisfy his obligation under 
an agreement described in paragraph (1) to reimburse the United States 
by reimbursement according to a schedule of monthly payments which 
results in completion of reimbursement by a date five years after the 
date of termination of the assignment or employment or earlier at the 
option of the employee.
    ``(e) Disclosure to Educational Institution of Agency Affiliation 
of Employee.--(1) When an employee is assigned under this section to an 
institution, the Agency shall disclose to the institution to which the 
employee is assigned that the Agency employs the employee and that the 
Agency funds the employee's education.
    ``(2) Agency efforts to recruit individuals at educational 
institutions for participation in the undergraduate training program 
established by this section shall be made openly and according to the 
common practices of universities and employers recruiting at such 
institutions.
    ``(f) Inapplicability of Certain Laws.--Chapter 41 of title 5 and 
subsections (a) and (b) of section 3324 of title 31, United States 
Code, shall not apply with respect to this section.
    ``(g) Regulations.--The Secretary of Defense may prescribe such 
regulations as may be necessary to implement this section.

``SEC. 17. AUTHORITY TO PAY CERTAIN EXPENSES FOR EMPLOYEES DYING WHILE 
              ON ROTATIONAL TOUR OF DUTY IN THE UNITED STATES.

    ``(a) Authority.--The Secretary of Defense may pay the expenses 
referred to in section 5742(b) of title 5, United States Code, in the 
case of any employee of the National Security Agency who dies while on 
a rotational tour of duty within the United States or while in transit 
to or from such tour of duty.
    ``(b) Definition.--For the purposes of this section, the term 
`rotational tour of duty', with respect to an employee, means a 
permanent change of station involving the transfer of the employee from 
the National Security Agency headquarters to another post of duty for a 
fixed period established by regulation to be followed at the end of 
such period by a permanent change of station involving a transfer of 
the employee back to such headquarters.''.

SEC. 602. AMENDMENTS TO TITLE 5, UNITED STATES CODE.

    (a) Pay.--Section 5314 of title 5, United States Code, is amended 
by striking out ``Deputy Director of Central Intelligence'' and 
inserting in lieu thereof ``Deputy Directors of Central Intelligence 
(2)''.
    (b) Merit System Principles.--Section 2305 of title 5, United 
States Code, is amended by striking out ``section 102 of the National 
Security Act of 1947 (61 Stat. 495; 50 U.S.C. 403),'' and inserting in 
lieu thereof ``subtitle A of title I of the Intelligence Community 
Act,''.

SEC. 603. REPEAL OF PROVISIONS RECODIFIED IN NEW ACT.

    (a) Fiscal Year 1996 Intelligence Authorization Act.--Section 306 
of the Intelligence Authorization Act for Fiscal Year 1996 (Public Law 
104-93; 50 U.S.C. 435 note; 109 Stat. 966) is repealed.
    (b) Fiscal Year 1995 Intelligence Authorization Act.--The following 
provisions of the Intelligence Authorization Act for Fiscal Year 1995 
(Public Law 103-359) are repealed:
            (1) Section 603 (50 U.S.C. 403-3 note; 108 Stat. 3433).
            (2) Section 811 (50 U.S.C. 402a; 108 Stat. 3455).
    (c) Fiscal Year 1992 Intelligence Authorization Act.--Section 403 
of the Intelligence Authorization Act for Fiscal Year 1992 (Public Law 
102-183; 50 U.S.C. 403-2; 105 Stat. 1267) is repealed.
    (d) National Security Act of 1947.--Section 109 of the National 
Security Act of 1947 (50 U.S.C. 404d) is repealed.
    (e) Fiscal Year 1995 Defense Appropriations Act.--Section 8154 of 
the Department of Defense Appropriations Act, 1995 (10 U.S.C. 384 note; 
50 U.S.C. 403f note; 108 Stat. 2658) is repealed.
    (f) Fiscal Year 1994 Defense Appropriations Act.--Section 8107 of 
the Department of Defense Appropriations Act, 1994 (50 U.S.C. 414 note; 
107 Stat. 1464) is repealed.

SEC. 604. NATIONAL SECURITY ACT OF 1947.

    (a) Table of Contents.--The table of contents in the first section 
of the National Security Act of 1947 is amended--
            (1) by inserting after the item relating to section 2 the 
        following new item:

``Sec. 3. Definitions.'';
            (2) by striking out the items relating to the heading for 
        title I and sections 101 through 107 and inserting in lieu 
        thereof the following:

 ``Title I--National Security Council and Related Boards and Committees

``Sec. 101. National Security Council.
``Sec. 102. Committee on Foreign Intelligence.
``Sec. 103. Committee on Transnational Threats.
``Sec. 104. Board for Low Intensity Conflict.
``Sec. 105. National Counterintelligence Policy Board.'';
            (3) by striking out the item relating to section 109 and 
        the item following that item (relating to section 104); and
            (4) by striking out the items relating to sections 202 
        through 204, 208 through 214, 301, 302, and 304 through 306.
    (b) Format Amendments.--Title IX of such Act is amended--
            (1) in section 904 (50 U.S.C. 441c), by striking out 
        ``required to be imposed by'' and all that follows and 
        inserting in lieu thereof ``required to be imposed by any of 
        the following provisions of law:
            ``(1) The Chemical and Biological Weapons Control and 
        Warfare Elimination Act of 1991 (title III of Public Law 102-
        182).
            ``(2) The Nuclear Proliferation Prevention Act of 1994 
        (title VIII of Public Law 103-236).
            ``(3) Section 11B of the Export Administration Act of 1979 
        (50 U.S.C. App. 2410b).
            ``(4) Chapter 7 of the Arms Export Control Act (22 U.S.C. 
        2797 et seq.).
            ``(5) The Iran-Iraq Arms Non-Proliferation Act of 1992 
        (title XVI of Public Law 102-484).
            ``(6) The following provisions of annual appropriations 
        Acts:
                    ``(A) Section 573 of the Foreign Operations, Export 
                Financing, and Related Programs Appropriations Act, 
                1994 (Public Law 103-87; 107 Stat. 972).
                    ``(B) Section 563 of the Foreign Operations, Export 
                Financing, and Related Programs Appropriations Act, 
                1995 (Public Law 103-306; 108 Stat. 1649).
                    ``(C) Section 552 of the Foreign Operations, Export 
                Financing, and Related Programs Appropriations Act, 
                1996 (Public Law 104-107; 110 Stat. 741).
            ``(7) Comparable provisions.''; and
            (2) in section 905 (50 U.S.C. 441d), by striking out ``on 
        the date which is one year after the date of the enactment of 
        this title'' and inserting in lieu thereof ``on January 6, 
        1997''.

SEC. 605. ABOLITION OF NATIONAL INTELLIGENCE COUNCIL.

    The National Intelligence Council is abolished.

SEC. 606. EFFECTIVE DATE.

    Except as otherwise specifically provided in this Act, this Act and 
the amendments made by this Act shall take effect six months after the 
date of the enactment of this Act, except that the President may 
prescribe an earlier date. Any such date prescribed by the President 
shall be published in the Federal Register.

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.
            Amend the title so as to read: ``A bill to provide for 
        improved management and operation of intelligence activities of 
        the Government by providing for a more corporate approach to 
        intelligence so as to provide an improved Intelligence 
        Community for the 21st century, and for other purposes.''.