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