[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2778 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2778

To amend title 10, United States Code, to provide for the establishment 
of a unified combatant command for military intelligence, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 8, 2004

 Mr. Chambliss introduced the following bill; which was read twice and 
            referred to the Select Committee on Intelligence

_______________________________________________________________________

                                 A BILL


 
To amend title 10, United States Code, to provide for the establishment 
of a unified combatant command for military intelligence, 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. UNIFIED COMBATANT COMMAND FOR MILITARY INTELLIGENCE.

    (a) In General.--Chapter 6 of title 10, United States Code, is 
amended by inserting after section 167a the following new section:
``Sec. 167b. Unified combatant command for military intelligence
    ``(a) Establishment.--(1) With the advice and assistance of the 
Chairman of the Joint Chiefs of Staff, the President, through the 
Secretary of Defense, shall establish under section 161 of this title a 
unified combatant command for military intelligence (hereinafter in 
this section referred to as the `military intelligence command').
    ``(2) The principle functions of the military intelligence command 
are--
            ``(A) to coordinate all military intelligence activities;
            ``(B) to develop new military intelligence collection 
        capabilities; and
            ``(C) to represent the Department of Defense in the 
        intelligence community under the National Intelligence 
        Director.
    ``(b) Assignment of Forces and Civilian Personnel.--(1) Unless 
otherwise directed by the Secretary of Defense, all active and reserve 
military intelligence forces of the armed forces within the elements of 
the Department of Defense referred to in subsection (i)(2) shall be 
assigned to the military intelligence command.
    ``(2) Unless otherwise directed by the Secretary of Defense, the 
civilian personnel of the elements of the Department of Defense 
referred to in subsection (i)(2) shall be under the military 
intelligence command.
    ``(c) Grade of Commander.--The commander of the military 
intelligence command shall hold the grade of general or, in the case of 
an officer of the Navy, admiral while serving in that position, without 
vacating his permanent grade. The commander of such command shall be 
appointed by the President, by and with the consent of the Senate, for 
service in that position.
    ``(d) Duties of Commander.--Unless otherwise directed by the 
President or the Secretary of Defense, the commander of the military 
intelligence command shall--
            ``(1) carry out intelligence collection and analysis 
        activities in response to requests from the National 
        Intelligence Director; and
            ``(2) serve as the principle advisor to the Secretary of 
        Defense, the Chairman of the Joint Chiefs of Staff, and the 
        National Intelligence Director on all matters relating to 
        military intelligence.
    ``(e) Authority of Commander.--(1) In addition to the authority 
prescribed in section 164(c) of this title, the commander of the 
military intelligence command shall be responsible for, and shall have 
the authority to conduct, all affairs of the command relating to 
military intelligence activities.
    ``(2) The commander of the military intelligence command shall be 
responsible for, and shall have the authority to conduct, the following 
functions relating to military intelligence activities:
            ``(A) Developing strategy, doctrine, and tactics.
            ``(B) Preparing and submitting to the Secretary of Defense 
        and the National Intelligence Director recommendations and 
        budget proposals for military intelligence forces and 
        activities.
            ``(C) Exercising authority, direction, and control over the 
        expenditure of funds for personnel and activities assigned to 
        the command.
            ``(D) Training military and civilian personnel assigned to 
        or under the command.
            ``(E) Conducting specialized courses of instruction for 
        military and civilian personnel assigned to or under the 
        command.
            ``(F) Validating requirements.
            ``(G) Establishing priorities for military intelligence in 
        harmony with national priorities established by the National 
        Intelligence Director and approved by the President.
            ``(H) Ensuring the interoperability of intelligence sharing 
        within the Department of Defense and within the intelligence 
community as a whole, as directed by the National Intelligence 
Director.
            ``(I) Formulating and submitting requirements to other 
        commanders of the unified combatant commands to support 
        military intelligence activities.
            ``(J) Recommending to the Secretary of Defense individuals 
        to head the components of the command.
    ``(3) The commander of the military intelligence command shall be 
responsible for--
            ``(A) ensuring that the military intelligence requirements 
        of the other unified combatant commanders are satisfied; and
            ``(B) responding to intelligence requirements levied by the 
        National Intelligence Director.
    ``(4)(A) The commander of the military intelligence command shall 
be responsible for, and shall have the authority to conduct the 
development and acquisition of specialized technical intelligence 
capabilities.
    ``(B) Subject to the authority, direction, and control of the 
Secretary of Defense, the commander of the command, in carrying out the 
function under subparagraph (A), shall have authority to exercise the 
functions of the head of an agency under chapter 137 of this title.
    ``(f) Inspector General.--The staff of the commander of the 
military intelligence command shall include an inspector general who 
shall conduct internal audits and inspections of purchasing and 
contracting actions through the command and such other inspector 
general functions as may be assigned.
    ``(g) Budget.--(1) The Secretary of Defense and the National 
Intelligence Director shall jointly consult on the budget of the 
military intelligence command before submitting the budget to the 
President.
    ``(2) In addition to the activities of a combatant commander for 
which funding may be requested under section 166(b) of this title, the 
budget proposal for the military intelligence command shall include 
requests for funding for--
            ``(A) development and acquisition of military intelligence 
        collection systems; and
            ``(B) acquisition of other material, supplies, or services 
        that are peculiar to military intelligence activities.
    ``(h) Regulations.--The Secretary of Defense shall prescribe 
regulations for the activities of the military intelligence command. 
The regulations shall include authorization for the commander of the 
command to provide for operational security of military intelligence 
forces, civilian personnel, and activities.
    ``(i) Identification of Military Intelligence Forces.--(1) For 
purposes of this section, military intelligence forces are the 
following:
            ``(A) The forces of the elements of the Department of 
        Defense referred to in paragraph (2) that carry out military 
        intelligence activities.
            ``(B) Any other forces of the armed forces that are 
        designated as military intelligence forces by the Secretary of 
        Defense.
    ``(2) The elements of the Department of Defense referred to in this 
paragraph are as follows:
            ``(A) The Defense Intelligence Agency.
            ``(B) The National Security Agency.
            ``(C) The National Geospatial-Intelligence Agency.
            ``(D) The National Reconnaissance Office.
            ``(E) Any intelligence activities or units of the military 
        departments designated by the Secretary of Defense for purposes 
        of this section.
    ``(j) Military Intelligence Activities.--For purposes of this 
section, military intelligence activities include each of the following 
insofar as it relates to military intelligence:
            ``(1) Intelligence collection.
            ``(2) Intelligence analysis.
            ``(3) Intelligence information management.
            ``(4) Intelligence workforce planning.
            ``(5) Such other activities as may be specified by the 
        President or the Secretary of Defense.''.
    ``(k) Intelligence Community Defined.--In this section, the term 
`intelligence community' means the elements of the intelligence 
community listed or designated under section 3(4) of the National 
Security Act of 1947 (50 U.S.C. 401a(4)).''.
    (2) The table of sections at the beginning of that chapter is 
amended by inserting after the item relating to section 167a the 
following new item:

``167b. Unified combatant command for military intelligence.''.
    (b) Consultation With National Intelligence Director on Heads of 
Components of Command.--The Secretary of Defense shall consult with the 
National Intelligence Director on any recommendations made by the 
commander of the military intelligence command under section 
167b(e)(2)(J) of title 10, United States Code (as added by subsection 
(a)), regarding the heads of the components of the military 
intelligence command before transmitting such recommendations to the 
President.
                                 <all>