[House Report 104-620]
[From the U.S. Government Publishing Office]



104th Congress                                            Rept. 104-620
                        HOUSE OF REPRESENTATIVES

 2d Session                                                      Part 2
_______________________________________________________________________


 
                      INTELLIGENCE COMMUNITY ACT

                               __________

                              R E P O R T

                                 of the

                     COMMITTEE ON NATIONAL SECURITY
                        HOUSE OF REPRESENTATIVES

                                   on

                               H.R. 3237

      [Including cost estimate of the Congressional Budget Office]



                 July 23, 1996.--Ordered to be printed


                  HOUSE COMMITTEE ON NATIONAL SECURITY

    One Hundred Fourth Congress

 FLOYD D. SPENCE, South Carolina, 
             Chairman
RONALD V. DELLUMS, California        BOB STUMP, Arizona
G.V. (SONNY) MONTGOMERY, Mississippi DUNCAN HUNTER, California
PATRICIA SCHROEDER, Colorado         JOHN R. KASICH, Ohio
IKE SKELTON, Missouri                HERBERT H. BATEMAN, Virginia
NORMAN SISISKY, Virginia             JAMES V. HANSEN, Utah
JOHN M. SPRATT, Jr., South Carolina  CURT WELDON, Pennsylvania
SOLOMON P. ORTIZ, Texas              ROBERT K. DORNAN, California
OWEN PICKETT, Virginia               JOEL HEFLEY, Colorado
LANE EVANS, Illinois                 JIM SAXTON, New Jersey
JOHN TANNER, Tennessee               RANDY ``DUKE'' CUNNINGHAM, 
GLEN BROWDER, Alabama                California
GENE TAYLOR, Mississippi             STEVE BUYER, Indiana
NEIL ABERCROMBIE, Hawaii             PETER G. TORKILDSEN, Massachusetts
CHET EDWARDS, Texas                  TILLIE K. FOWLER, Florida
FRANK TEJEDA, Texas                  JOHN M. McHUGH, New York
MARTIN T. MEEHAN, Massachusetts      JAMES TALENT, Missouri
ROBERT A. UNDERWOOD, Guam            TERRY EVERETT, Alabama
JANE HARMAN, California              ROSCOE G. BARTLETT, Maryland
PAUL McHALE, Pennsylvania            HOWARD ``BUCK'' McKEON, California
PETE GEREN, Texas                    RON LEWIS, Kentucky
PETE PETERSON, Florida               J.C. WATTS, Jr., Oklahoma
WILLIAM J. JEFFERSON, Louisiana      MAC THORNBERRY, Texas
ROSA L. DeLAURO, Connecticut         JOHN N. HOSTETTLER, Indiana
MIKE WARD, Kentucky                  SAXBY CHAMBLISS, Georgia
PATRICK J. KENNEDY, Rhode Island     VAN HILLEARY, Tennessee
                                     JOE SCARBOROUGH, Florida
                                     WALTER B. JONES, Jr., North 
                                     Carolina
                                     JAMES B. LONGLEY, Jr., Maine
                                     TODD TIAHRT, Kansas
                                     RICHARD ``DOC'' HASTINGS, 
                                     Washington
  Andrew K. Ellis, Staff Director


104th Congress                                            Rept. 104-620
                        HOUSE OF REPRESENTATIVES

 2d Session                                                      Part 2
_______________________________________________________________________


                       INTELLIGENCE COMMUNITY ACT

                                _______
                                

 July 23, 1996.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Spence, from the Committee on National Security, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3237]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on National Security, to whom was referred the 
bill (H.R. 3237) to provide for improved management and 
operation of intelligence activities of the Government by 
providing for a more corporate approach to intelligence, to 
reorganize the agencies of the Government engaged in 
intelligence activities so as to provide an improved 
Intelligence Community for the 21st century, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

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

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

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

               TITLE I--INTELLIGENCE COMMUNITY GENERALLY

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

              TITLE II--INTELLIGENCE COMMUNITY MANAGEMENT

Subtitle A--Intelligence Community Functions
Subtitle B--National Foreign Intelligence Program
Subtitle C--Personnel
Subtitle D--Intelligence Community Administration

               TITLE III--INTELLIGENCE COMMUNITY AGENCIES

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

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

Subtitle A--Secretary of Defense
Subtitle B--Director of Military Intelligence
Subtitle C--National Imagery and Mapping Agency
Subtitle D--Civilian Intelligence Personnel Policy

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

    TITLE VI--TECHNICAL AND CONFORMING AMENDMENTS AND EFFECTIVE DATE

  (b) Table of Contents.--The table of contents for this Act is as 
follows:

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

               TITLE I--INTELLIGENCE COMMUNITY GENERALLY

              Subtitle A--Director of Central Intelligence

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

          Subtitle B--Deputy Directors of Central Intelligence

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

                 Subtitle C--The Intelligence Community

Sec. 131. Elements of the Intelligence Community.

                       Subtitle D--Annual Reports

Sec. 141. Annual report on Intelligence Community activities.

              TITLE II--INTELLIGENCE COMMUNITY MANAGEMENT

              Subtitle A--Intelligence Community Functions

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

           Subtitle B--National Foreign Intelligence Program

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

                         Subtitle C--Personnel

Sec. 231. Use of personnel.
Sec. 232. Authority to terminate employment of certain employees.
Sec. 233. Study of an Intelligence Community Reserve and an 
Infrastructure Support Office.

           Subtitle D--Intelligence Community Administration

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

               TITLE III--INTELLIGENCE COMMUNITY AGENCIES

                Subtitle A--Central Intelligence Agency

Sec. 301. Central Intelligence Agency.
Sec. 302. Duties of Director of Central Intelligence with regard to the 
Central Intelligence Agency.
Sec. 303. Functions of the Central Intelligence Agency.
Sec. 304. Report on human intelligence collection activities.

        Subtitle B--The National Intelligence Evaluation Council

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

             Subtitle C--Future of Intelligence Collection

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

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

                    Subtitle A--Secretary of Defense

Sec. 401. Overall Secretary of Defense functions.
Sec. 402. Requirement that budgets for intelligence components be 
adequate.
Sec. 403. Implementation of Director of Central Intelligence policies 
and resource decisions.
Sec. 404. Relationship of NFIP activities to tactical intelligence 
activities.
Sec. 405. Responsiveness to operational military forces.
Sec. 406. Elimination of waste and unnecessary duplication.
Sec. 407. Conduct of Defense intelligence activities.
Sec. 408. Signals intelligence activities.
Sec. 409. Imagery collection, processing, and exploitation.
Sec. 410. Overhead reconnaissance systems.
Sec. 411. Defense Intelligence Agency.
Sec. 412. Military departments.
Sec. 413. Use of elements of Department of Defense.
Sec. 414. Consultations regarding appointment of certain intelligence 
officials.

             Subtitle B--Director of Military Intelligence

Sec. 421. Report on the establishment of a Director of Military 
Intelligence.

            Subtitle C--National Imagery and Mapping Agency

                    Part I--Establishment of Agency

Sec. 431. Establishment.
Sec. 432. Missions and authority.
Sec. 433. Transfers of personnel and assets.
Sec. 434. Compatibility with authority under the Intelligence Community 
Act.
Sec. 435. National mission of National Imagery and Mapping Agency.
Sec. 436. Creditable civilian service for career conditional employees 
of the Defense Mapping Agency.
Sec. 437. Saving provisions.
Sec. 438. Definitions.

           Part II--Conforming Amendments and Effective Date

Sec. 441. Redesignation and repeals.
Sec. 442. Reference amendments.
Sec. 443. Headings and clerical amendments.
Sec. 444. Effective date.

           Subtitle D--Civilian Intelligence Personnel Policy

Sec. 481. Management of civilian intelligence personnel.
Sec. 482. Repeal of superseded sections and clerical and conforming 
amendments.
Sec. 483. Other personnel management authorities.

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

Sec. 501. Recodification of laws relating to National Security Council 
and related boards and committees in Executive Office of the President.

    TITLE VI--TECHNICAL AND CONFORMING AMENDMENTS AND EFFECTIVE DATE

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

SEC. 3. FINDINGS AND PURPOSES.

  (a) Findings.--The Congress makes the following findings:
          (1) The United States must maintain a strong, capable, and 
        increasingly flexible intelligence capability to collect and 
        analyze information concerning world events that may threaten 
        its security so as to be in a position to anticipate and 
        respond to such events in an effective and timely manner.
          (2) The existing framework for the conduct of United States 
        intelligence activities, established by the National Security 
        Act of 1947, has evolved largely without changes to the 
        original statutory framework, but rather as a matter of 
        Executive order and directive.
  (b) Purposes.--The purposes of this Act are--
          (1) to provide a framework for the improved management of 
        United States intelligence activities at all levels and within 
        all intelligence disciplines; and
          (2) to provide an institutional structure that will continue 
        to ensure that the Intelligence Community serves the needs of 
        Government consumers in an effective and timely manner.

SEC. 4. DEFINITIONS.

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

               TITLE I--INTELLIGENCE COMMUNITY GENERALLY

              Subtitle A--Director of Central Intelligence

SEC. 101. DIRECTOR OF CENTRAL INTELLIGENCE.

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

SEC. 102. GENERAL INTELLIGENCE RESPONSIBILITIES OF THE DIRECTOR.

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

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

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

SEC. 104. FOREIGN INTELLIGENCE COLLECTION.

  The Director of Central Intelligence shall establish the requirements 
and priorities to govern the collection of national intelligence by 
elements of the Intelligence Community and shall approve collection 
requirements, determine collection priorities, and resolve conflicts in 
collection priorities levied on national collection assets, except as 
otherwise agreed with the Secretary of Defense pursuant to the 
direction of the President.

SEC. 105. PROTECTION OF SOURCES AND METHODS.

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

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

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

SEC. 107. ELIMINATION OF WASTE AND UNNECESSARY DUPLICATION.

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

SEC. 108. OTHER FUNCTIONS.

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

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

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

SEC. 110. ACCESS TO INTELLIGENCE.

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

SEC. 111. COORDINATION WITH FOREIGN GOVERNMENTS.

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

          Subtitle B--Deputy Directors of Central Intelligence

SEC. 121. DEPUTY DIRECTORS OF CENTRAL INTELLIGENCE.

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

SEC. 122. DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE.

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

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

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

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

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

                 Subtitle C--The Intelligence Community

SEC. 131. ELEMENTS OF THE INTELLIGENCE COMMUNITY.

  The Intelligence Community of the United States Government consists 
of the following:
          (1) The Office of the Director of Central Intelligence, which 
        shall include the Offices of the Deputy Directors of Central 
        Intelligence and such other offices as the Director may 
        designate.
          (2) The Community Management Staff.
          (3) The National Intelligence Evaluation Council.
          (4) The Central Intelligence Agency.
          (5) The Defense Intelligence Agency.
          (6) The National Security Agency.
          (7) The National Reconnaissance Office.
          (8) The National Imagery and Mapping Agency.
          (9) The intelligence elements of the Army, the Navy, the Air 
        Force, the Marine Corps, and the Coast Guard.
          (10) The intelligence elements of the Federal Bureau of 
        Investigation, the Department of the Treasury, the Department 
        of Energy, and the Drug Enforcement Administration.
          (11) The Bureau of Intelligence and Research of the 
        Department of State.
          (12) Such other elements of any other department or agency as 
        may be designated by the President, or designated jointly by 
        the Director of Central Intelligence and the head of the 
        department or agency concerned, as an element of the 
        intelligence community.

                       Subtitle D--Annual Reports

SEC. 141. ANNUAL REPORT ON INTELLIGENCE COMMUNITY ACTIVITIES.

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

              TITLE II--INTELLIGENCE COMMUNITY MANAGEMENT

              Subtitle A--Intelligence Community Functions

SEC. 201. COMMUNITY MANAGEMENT STAFF.

  There is a Community Management Staff.

SEC. 202. FUNCTIONS OF THE COMMUNITY MANAGEMENT STAFF.

  The Deputy Director of Central Intelligence for Community Management, 
acting through the Community Management Staff, shall provide direction 
for the following Intelligence Community-wide functions:
          (1) Requirements and collection management.
          (2) Planning, programming, budgeting, and accounting for the 
        National Foreign Intelligence Program.
          (3) Research and development activities.
          (4) Identification and review of intelligence gaps and 
        shortfalls.

           Subtitle B--National Foreign Intelligence Program

SEC. 221. BUDGETS.

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

SEC. 222. COMPTROLLER FUNCTIONS OF COMMUNITY MANAGEMENT STAFF.

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

SEC. 223. TRANSFER OF FUNDS OR PERSONNEL WITHIN THE NATIONAL FOREIGN 
                    INTELLIGENCE PROGRAM.

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

SEC. 224. LIMITATION ON REPROGRAMMING.

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

                         Subtitle C--Personnel

SEC. 231. USE OF PERSONNEL.

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

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

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

SEC. 233. STUDY OF AN INTELLIGENCE COMMUNITY RESERVE AND AN 
                    INFRASTRUCTURE SUPPORT OFFICE.

  (a) Study.--The Director of Central Intelligence, in consultation 
with appropriate agency heads, shall study the feasibilty of 
establishing an Intelligence Community Reserve and an Infrastructure 
Support Office.
  (b) Matters To Be Included in Study With Respect to Intelligence 
Community Reserve.--The study under this section shall address the 
following matters with respect to establishment of an Intelligence 
Community Reserve:
          (1) The criteria for membership of the Reserve, especially 
        among former and retired employees of elements of the 
        Intelligence Community.
          (2) Monetary incentives that would be appropriate or 
        necessary to attract individuals to become members of the 
        Reserve.
          (3) Programs and authorities that would be required in order 
        to provide training and support for members of the Reserve.
          (4) Whether service agreements should be offered or required 
        for members of the Reserve or as a condition of providing 
        training to a member of the Reserve.
          (5) Any changes in law that may be required in order to 
        implement the Reserve.
  (c) Matters To Be Included in Study With Respect to Intelligence 
Community Reserve.--The study under this section shall address the 
following matters with respect to establishment of an Infrastructure 
Support Office to be responsible for administrative and logistical 
functions relating to infrastructure and services of common concern to 
elements of the Intelligence Community:
          (1) Personnel management.
          (2) Security.
          (3) Community-level training.
          (4) Communications.
          (5) Automation.
          (6) Such additional functions as the Director considers 
        appropriate.

           Subtitle D--Intelligence Community Administration

SEC. 251. SECRECY AGREEMENTS USED IN INTELLIGENCE ACTIVITIES.

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

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

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

SEC. 253. INTELLIGENCE COMMUNITY CONTRACTING.

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

               TITLE III--INTELLIGENCE COMMUNITY AGENCIES

                Subtitle A--Central Intelligence Agency

SEC. 301. CENTRAL INTELLIGENCE AGENCY.

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

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

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

SEC. 303. FUNCTIONS OF THE CENTRAL INTELLIGENCE AGENCY.

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

SEC. 304. REPORT ON HUMAN INTELLIGENCE COLLECTION ACTIVITIES.

  Not later than 90 days after the date of the enactment of this Act, 
the Director of Central Intelligence and the Deputy Secretary of 
Defense shall jointly submit to the Committee on Armed Services and the 
Select Committee on Intelligence of the Senate and the Committee on 
National Security and the Permanent Select Committee on Intelligence of 
the House of Representatives a report on the ongoing efforts of those 
officials to achieve commonality, interoperability, and, where 
practicable, consolidation of the collection of clandestine 
intelligence from human sources conducted by the Defense Human 
Intelligence Service of the Department of Defense and the Directorate 
of Operations of the Central Intelligence Agency.

        Subtitle B--The National Intelligence Evaluation Council

SEC. 321. NATIONAL INTELLIGENCE EVALUATION COUNCIL.

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

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

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

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

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

             Subtitle C--Future of Intelligence Collection

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

  (a) Study.--The Director of Central Intelligence and the Secretary of 
Defense shall jointly conduct a study on the future of intelligence 
collection, in terms of managing collection resources in a more 
consolidated, synergistic manner. The study is not limited to, but 
should include specific examination of the following:
          (1) Implementation of the National Imagery and Mapping 
        Agency, including an evaluation of its effectiveness and 
        possible synergies that could be gained by assessing the 
        potential consolidation of other collection activities. These 
        other collection activities should include--
                  (A) signals intelligence (SIGINT) and measurement and 
                signatures intelligence (MASINT);
                  (B) first-phase (or initial) exploitation of the 
                results of such collection;
                  (C) dissemination of such collection in a timely 
                manner; and
                  (D) development of processing and exploitation 
                technologies to support these functions.
          (2) The joint study should include an evaluation of the 
        feasibility and efficacy of consolidating the following 
        functions, which should include--
                  (A) the specification of technical requirements for 
                such reconnaissance systems as may be needed to meet 
                the signals intelligence, imagery intelligence, and 
                measurement and signatures intelligence collection 
                requirements of the Intelligence Community;
                  (B) the operation and final disposition of such 
                systems;
                  (C) the conduct of research, development, test, and 
                evaluation, for procurement, and for launch of 
                satellite reconnaissance systems that may be required 
                to satisfy the intelligence collection requirements of 
                the Intelligence Community; and
                  (D) the conduct of research, development, test, 
                evaluation and for procurement of reconnaissance, 
                surveillance, and sensor systems, including airborne 
                and maritime reconnaissance capabilities within the 
                National Foreign Intelligence Program and the Joint 
                Military Intelligence Program.
  (b) Criteria.--The study under subsection (a) shall--
          (1) take into account current and future technological 
        capabilities and intelligence requirements;
          (2) take into account the costs and benefits associated with 
        possible additional consolidations as well as the costs and 
        benefits of maintaining the current system; and
          (3) examine such possible consolidations both on their 
        individual merits and also with a view toward having such 
        agencies co-exist as an entire new organizational structure.
  (c) Panel Members.--
          (1) Selection.--The Director of Central Intelligence and the 
        Secretary of Defense, jointly, shall select individuals for 
        membership on a panel to conduct the study under subsection (a) 
        who are--
                  (A) current and former members of the Intelligence 
                Community and senior policy makers who are 
                knowledgeable about a diverse range of intelligence 
                requirements; and
                  (B) such other public or private individuals as the 
                Director and the Secretary deem appropriate.
          (2) Balance.--Membership on the panel shall be balanced in 
        terms of technical and operational knowledge and views so as to 
        ensure the objectivity of the panel's report.
          (3) Director.--The Director of Central Intelligence, in 
        consultation with the Secretary of Defense, shall appoint a 
        director of the panel from among its members. The director of 
        the panel may create such sub-panels as the director deems 
        appropriate.
  (d) Report.--No later than April 15, 1997, the panel shall submit a 
report of the study to the Director of Central Intelligence and the 
Secretary of Defense, who shall forward the report to the President, 
the congressional intelligence committees, the Committee on Armed 
Services of the Senate, and the Committee on National Security of the 
House of Representatives.

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

                    Subtitle A--Secretary of Defense

SEC. 401. OVERALL SECRETARY OF DEFENSE FUNCTIONS.

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

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

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

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

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

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

  The Secretary of Defense shall ensure that the tactical intelligence 
activities of the Department of Defense complement, and are compatible 
with, intelligence activities under the National Foreign Intelligence 
Program.

SEC. 405. RESPONSIVENESS TO OPERATIONAL MILITARY FORCES.

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

SEC. 406. ELIMINATION OF WASTE AND UNNECESSARY DUPLICATION.

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

SEC. 407. CONDUCT OF DEFENSE INTELLIGENCE ACTIVITIES.

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

SEC. 408. SIGNALS INTELLIGENCE ACTIVITIES.

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

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

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

SEC. 410. OVERHEAD RECONNAISSANCE SYSTEMS.

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

SEC. 411. DEFENSE INTELLIGENCE AGENCY.

  The Secretary of Defense shall ensure--
          (1) through the Defense Intelligence Agency (except as 
        otherwise directed by the President or the National Security 
        Council), the continued operation of an effective unified 
        system within the Department of Defense for the production of 
        timely, objective military and military-related intelligence, 
        based upon all sources available to the intelligence community, 
        and shall ensure the appropriate dissemination of such 
        intelligence to authorized recipients; and
          (2) through the Defense Intelligence Agency (except as 
        otherwise directed by the President or the National Security 
        Council), effective management of Department of Defense human 
        intelligence activities, including defense attaches; and

SEC. 412. MILITARY DEPARTMENTS.

  The Secretary of Defense shall ensure that the military departments 
maintain sufficient capabilities to collect and produce intelligence to 
meet--
          (1) the requirements of the Director of Central Intelligence;
          (2) the requirements of the Secretary of Defense or the 
        Chairman of the Joint Chiefs of Staff;
          (3) the requirements of the unified and specified combatant 
        commands and of joint operations; and
          (4) the specialized requirements of the military departments 
        for intelligence necessary to support tactical commanders, 
        military planners, the research and development process, the 
        acquisition of military equipment, and training and doctrine.

SEC. 413. USE OF ELEMENTS OF DEPARTMENT OF DEFENSE.

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

SEC. 414. CONSULTATIONS REGARDING APPOINTMENT OF CERTAIN INTELLIGENCE 
                    OFFICIALS.

  (a) In General.--Section 201 of title 10, United States Code, is 
amended to read as follows:

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

  ``Before submitting a recommendation to the President regarding the 
appointment of an individual to the position of Director of the 
National Security Agency, Director of the Defense Intelligence Agency, 
Director of the National Reconnaissance Office, or Director of the 
National Imagery and Mapping Agency, the Secretary of Defense shall 
consult with the Director of Central Intelligence regarding the 
recommendation.''.
  (b) Clerical Amendment.--The item relating to section 201 in the 
table of sections at the beginning of subchapter II of chapter 8 of 
such title is amended to read as follows:

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

             Subtitle B--Director of Military Intelligence

SEC. 421. REPORT ON THE ESTABLISHMENT OF A DIRECTOR OF MILITARY 
                    INTELLIGENCE.

  (a) Report Required.--Not later than April 15, 1997, the Secretary of 
Defense shall submit to the congressional committees named in 
subsection (b) a report on the day-to-day coordination role of the 
intelligence activities of the military intelligence community 
performed by the Director of the Defense Intelligence Agency, as 
chairman of the Military Intelligence Board. The report shall assess 
the feasibility of formally establishing the Director of the Defense 
Intelligence Agency as the Director of Military Intelligence, with 
clear preservation of civilian oversight responsibilities.
  (b) Committees.--The committees referred to in subsection (a) are--
          (1) the Committee on Armed Services and the Select Committee 
        on Intelligence of the Senate; and
          (2) the Committee on National Security and the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives.

            Subtitle C--National Imagery and Mapping Agency

                    PART I--ESTABLISHMENT OF AGENCY

SEC. 431. ESTABLISHMENT.

  (a) Establishment.--There is hereby established in the Department of 
Defense a Defense Agency to be known as the National Imagery and 
Mapping Agency.
  (b) Transfer of Functions From Department of Defense Entities.--The 
missions and functions of the following elements of the Department of 
Defense are transferred to the National Imagery and Mapping Agency:
          (1) The Defense Mapping Agency.
          (2) The Central Imagery Office.
          (3) Other elements of the Department of Defense as specified 
        in the classified annex to this Act.
  (c) Transfer of Functions From Central Intelligence Agency.--The 
missions and functions of the following elements of the Central 
Intelligence Agency are transferred to the National Imagery and Mapping 
Agency:
          (1) The National Photographic Interpretation Center.
          (2) Other elements of the Central Intelligence Agency as 
        specified in the classified annex to this Act.

SEC. 432. MISSIONS AND AUTHORITY.

  (a) Agency Charter.--Part I of subtitle A of title 10, United States 
Code, is amended--
          (1) by redesignating chapter 22 as chapter 23; and
          (2) by inserting after chapter 21 the following new chapter 
        22:

           ``CHAPTER 22--NATIONAL IMAGERY AND MAPPING AGENCY

``Subchapter                                                       Sec.
``I. Missions and Authority.................................        441
``II. Maps, Charts, and Geodetic Products...................        451
``III. Personnel Management.................................        461
``IV. Definitions...........................................        467

                 ``SUBCHAPTER I--MISSIONS AND AUTHORITY

``Sec.
``441. Establishment.
``442. Missions.
``443. Imagery intelligence and geospatial information: support for 
foreign countries.
``444. Support from Central Intelligence Agency.
``445. Protection of agency identifications and organizational 
information.

``Sec. 441. Establishment

  ``(a) Establishment.--The National Imagery and Mapping Agency is a 
combat support agency of the Department of Defense and has significant 
national missions.
  ``(b) Director.--(1) The Director of the National Imagery and Mapping 
Agency is the head of the agency. The Director carries out the 
Director's functions subject to the authority, direction, and control 
of the Secretary of Defense.
  ``(2) If an officer of the armed forces on active duty is appointed 
to the position of Director, the position shall be treated as having 
been designated by the President as a position of importance and 
responsibility for purposes of section 601 of this title and shall 
carry the grade of lieutenant general, or, in the case of an officer of 
the Navy, vice admiral.
  ``(c) Director of Central Intelligence Collection Tasking 
Authority.--Unless otherwise directed by the President, the Director of 
Central Intelligence may (except as otherwise agreed by the Director 
and the Secretary of Defense)--
          ``(1) approve collection requirements levied on national 
        imagery collection assets;
          ``(2) determine priorities for such requirements; and
          ``(3) resolve conflicts in such priorities.

``Sec. 442. Missions

  ``(a) National Security Missions.--(1) The Director of the National 
Imagery and Mapping Agency shall, in support of the national security 
objectives of the United States, provide the following:
          ``(A) Imagery.
          ``(B) Imagery intelligence.
          ``(C) Geospatial information.
  ``(2) In carrying out paragraph (1), the Director shall ensure that 
the information and intelligence provided is timely, relevant, and 
accurate.
  ``(b) Navigation Information.--The Director of the National Imagery 
and Mapping Agency shall improve means of navigating vessels of the 
Navy and the merchant marine by providing, under the authority of the 
Secretary of Defense, accurate and inexpensive nautical charts, sailing 
directions, books on navigation, and manuals of instructions for the 
use of all vessels of the United States and of navigators generally.
  ``(c) Maps, Charts, Etc.--The Director of the National Imagery and 
Mapping Agency shall prepare and distribute maps, charts, books, and 
geodetic products as authorized under subchapter II of this chapter.
  ``(d) National Missions.--The National Imagery and Mapping Agency 
also has national missions as specified in section 120(a) of the 
National Security Act of 1947.
  ``(e) Systems.--The Director of the Agency may, in furtherance of a 
mission of the Agency, design, develop, deploy, operate, and maintain 
systems related to the processing and dissemination of imagery 
intelligence and geospatial information that may be transferred to, 
accepted or used by, or used on behalf of--
          ``(1) the armed forces, including any combatant command, 
        component of a combatant command, joint task force, or tactical 
        unit; or
          ``(2) any other department or agency of the United States.

``Sec. 443. Imagery intelligence and geospatial information: support 
                    for foreign countries

  ``(a) Use of Appropriated Funds.--The Director of the National 
Imagery and Mapping Agency may use appropriated funds available to that 
Agency to provide foreign countries with imagery intelligence and 
geospatial information support.
  ``(b) Funds Other Than Appropriated Funds.--The Director may use 
funds other than appropriated funds to provide foreign countries with 
imagery intelligence and geospatial information support, 
notwithstanding provisions of law relating to the expenditure of funds 
of the United States, except that--
          ``(1) no such funds may be expended, in whole or in part, by 
        or for the benefit of the National Imagery and Mapping Agency 
        for a purpose for which Congress had previously denied funds.
          ``(2) proceeds from the sale of imagery intelligence or 
        geospatial information items may be used only to purchase 
        replacement items similar to the items that are sold; and
          ``(3) the authority provided by this subsection may not be 
        used to acquire items or services for the principal benefit of 
        the United States.
  ``(c) Accommodation Procurements.--The authority under this section 
may be exercised to conduct accommodation procurements on behalf of 
foreign countries.
  ``(d) Coordination With Director of Central Intelligence.--The 
Director of the Agency shall coordinate with the Director of Central 
Intelligence any action under this section that involves imagery 
intelligence or intelligence products or involves providing support to 
an intelligence or security service of a foreign country.

``Sec. 444. Support from Central Intelligence Agency

  ``(a) Support Authorized.--The Director of Central Intelligence may 
provide support in accordance with this section to the Director of the 
National Imagery and Mapping Agency. The Director of the National 
Imagery and Mapping Agency may accept support provided under this 
section.
  ``(b) Administrative and Contract Services.--(1) In furtherance of 
the national intelligence effort, the Director of Central Intelligence 
may provide administrative and contract services to the National 
Imagery and Mapping Agency as if that agency were an organizational 
element of the Central Intelligence Agency.
  ``(2) Services provided under paragraph (1) may include the services 
of security police. For purposes of section 15 of the Central 
Intelligence Agency Act of 1949 (50 U.S.C. 403o), an installation of 
the National Imagery and Mapping Agency that is provided security 
police services under this section shall be considered an installation 
of the Central Intelligence Agency.
  ``(3) Support provided under this subsection shall be provided under 
terms and conditions agreed upon by the Secretary of Defense and the 
Director of Central Intelligence.
  ``(c) Detail of Personnel.--The Director of Central Intelligence may 
detail personnel of the Central Intelligence Agency indefinitely to the 
National Imagery and Mapping Agency without regard to any limitation on 
the duration of interagency details of Federal Government personnel.
  ``(d) Reimbursable or Nonreimbursable Support.--Support under this 
section may be provided and accepted on either a reimbursable basis or 
a nonreimbursable basis.
  ``(e) Authority To Transfer Funds.--(1) The Director of the National 
Imagery and Mapping Agency may transfer funds available for that agency 
to the Director of Central Intelligence for the Central Intelligence 
Agency.
  ``(2) The Director of Central Intelligence--
          ``(A) may accept funds transferred under paragraph (1); and
          ``(B) shall expend such funds, in accordance with the Central 
        Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), to 
        provide administrative and contract services or detail 
        personnel to the National Imagery and Mapping Agency under this 
        section.

``Sec. 445. Protection of agency identifications and organizational 
                    information

  ``(a) Unauthorized Use of Agency Name, Initials, or Seal.--(1) Except 
with the written permission of the Secretary of Defense, no person may 
knowingly use, in connection with any merchandise, retail product, 
impersonation, solicitation, or commercial activity in a manner 
reasonably calculated to convey the impression that such use is 
approved, endorsed, or authorized by the Secretary of Defense, any of 
the following:
          ``(A) The words `National Imagery and Mapping Agency', the 
        initials `NIMA', or the seal of the National Imagery and 
        Mapping Agency.
          ``(B) The words `Defense Mapping Agency', the initials `DMA', 
        or the seal of the Defense Mapping Agency.
          ``(C) Any colorable imitation of such words, initials, or 
        seals.
  ``(2) Whenever it appears to the Attorney General that any person is 
engaged or about to engage in an act or practice which constitutes or 
will constitute conduct prohibited by paragraph (1), the Attorney 
General may initiate a civil proceeding in a district court of the 
United States to enjoin such act or practice. Such court shall proceed 
as soon as practicable to a hearing and determination of such action 
and may, at any time before such final determination, enter such 
restraining orders or prohibitions, or take such other action as is 
warranted, to prevent injury to the United States or to any person or 
class of persons for whose protection the action is brought.
  ``(b) Protection of Organizational Information.--Notwithstanding any 
other provision of law, the Director of the National Imagery and 
Mapping Agency is not required to disclose the organization of the 
agency, any function of the agency, any information with respect to the 
activities of the agency, or the names, titles, salaries, or number of 
the persons employed by the agency. This subsection does not apply to 
disclosures of information to Congress.

          ``SUBCHAPTER II--MAPS, CHARTS, AND GEODETIC PRODUCTS

``Sec.
``451. Maps, charts, and books.
``452. Pilot charts.
``453. Prices of maps, charts, and navigational publications.
``454. Exchange of mapping, charting, and geodetic data with foreign 
countries and international organizations
``455. Maps, charts, and geodetic data: public availability; 
exceptions.
``456. Civil actions barred.

                 ``SUBCHAPTER III--PERSONNEL MANAGEMENT

``Sec.
``461. Management rights.

``Sec. 461. Management rights

  ``(a) Scope.--If there is no obligation under the provisions of 
chapter 71 of title 5 for the head of an agency of the United States to 
consult or negotiate with a labor organization on a particular matter 
by reason of that matter being covered by a provision of law or a 
Governmentwide regulation, the Director of the National Imagery and 
Mapping Agency is not obligated to consult or negotiate with a labor 
organization on that matter even if that provision of law or regulation 
is inapplicable to the National Imagery and Mapping Agency.
  ``(b) Bargaining Units.--The National Imagery and Mapping Agency 
shall accord exclusive recognition to a labor organization under 
section 7111 of title 5 only for a bargaining unit that was recognized 
as appropriate for the Defense Mapping Agency on the day before the 
date on which employees and positions of the Defense Mapping Agency in 
that bargaining unit became employees and positions of the National 
Imagery and Mapping Agency under the Intelligence Community Act.
  ``(c) Termination of Bargaining Unit Coverage of Position Modified To 
Affect National Security Directly.--(1) If the Director of the National 
Imagery and Mapping Agency determines that the responsibilities of a 
position within a collective bargaining unit should be modified to 
include intelligence, counterintelligence, investigative, or security 
duties not previously assigned to that position and that the 
performance of the newly assigned duties directly affects the national 
security of the United States, then, upon such a modification of the 
responsibilities of that position, the position shall cease to be 
covered by the collective bargaining unit and the employee in that 
position shall cease to be entitled to representation by a labor 
organization accorded exclusive recognition for that collective 
bargaining unit.
  ``(2) A determination described in paragraph (1) that is made by the 
Director of the National Imagery and Mapping Agency may not be reviewed 
by the Federal Labor Relations Authority or any court of the United 
States.

                      ``SUBCHAPTER IV--DEFINITIONS

``Sec.
``467. Definitions.

``Sec. 467. Definitions

  ``In this chapter:
          ``(1) The term `function' means any duty, obligation, 
        responsibility, privilege, activity, or program.
          ``(2)(A) The term `imagery' means, except as provided in 
        subparagraph (B), a likeness or presentation of any natural or 
        manmade feature or related object or activity and the 
        positional data acquired at the same time the likeness or 
        representation was acquired, including--
                  ``(i) products produced by space-based national 
                intelligence reconnaissance systems; and
                  ``(ii) likenesses or presentations produced by 
                satellites, airborne platforms, unmanned aerial 
                vehicles, or other similar means.
          ``(B) Such term does not include handheld or clandestine 
        photography taken by or on behalf of human intelligence 
        collection organizations.
          ``(3) The term `imagery intelligence' means the technical, 
        geographic, and intelligence information derived through the 
        interpretation or analysis of imagery and collateral materials.
          ``(4) The term `geospatial information' means information 
        that identifies the geographic location and characteristics of 
        natural or constructed features and boundaries on the earth and 
        includes--
                  ``(A) statistical data and information derived from, 
                among other things, remote sensing, mapping, and 
                surveying technologies;
                  ``(B) mapping, charting, and geodetic data; and
                  ``(C) geodetic products, as defined in section 455(c) 
                of this title.''.
  (b) Transfer of Defense Mapping Agency Provisions.--(1) Sections 
2792, 2793, 2794, 2795, 2796, and 2798 of title 10, United States Code, 
are transferred to subchapter II of chapter 22 of such title, as added 
by subsection (a), inserted in that sequence in such subchapter 
following the table of sections, and redesignated in accordance with 
the following table:

Section                                                      Section as
transferred                                                redesignated
  2792......................................................       451 
  2793......................................................       452 
  2794......................................................       453 
  2795......................................................       454 
  2796......................................................       455 
  2798......................................................       456.

  (2) Sections 451(1), 452, 453, 454, and 455 (in subsections (a) and 
(b)(1)(C)), and 456 of title 10, United States Code, as transferred and 
redesignated by paragraph (1), are amended by striking out ``Defense 
Mapping Agency'' each place it appears and inserting in lieu thereof 
``National Imagery and Mapping Agency''.
  (c) Oversight of Agency as a Combat Support Agency.--Section 193 of 
title 10, United States Code, is amended--
          (1) in subsection (d)--
                  (A) by striking out the caption and inserting in lieu 
                thereof ``Review of National Security Agency and 
                National Imagery and Mapping Agency.--'';
                  (B) in paragraph (1)--
                          (i) by inserting ``and the National Imagery 
                        and Mapping Agency'' after ``the National 
                        Security Agency''; and
                          (ii) by striking out ``the Agency'' and 
                        inserting in lieu thereof ``that the 
                        agencies''; and
                  (C) in paragraph (2), by inserting ``and the National 
                Imagery and Mapping Agency'' after ``the National 
                Security Agency'';
          (2) in subsection (e)--
                  (A) by striking out ``DIA and NSA'' in the caption 
                and inserting in lieu thereof the following: ``DIA, 
                NSA, and NIMA.--''; and
                  (B) by striking out ``and the National Security 
                Agency'' and inserting in lieu thereof ``, the National 
                Security Agency, and the National Imagery and Mapping 
                Agency''; and
          (3) in subsection (f), by striking out paragraph (4) and 
        inserting in lieu thereof the following:
          ``(4) The National Imagery and Mapping Agency.''.
  (d) Special Printing Authority for Agency.--(1) Section 207(a)(2)(B) 
of the Legislative Branch Appropriations Act, 1993 (Public Law 102-392; 
44 U.S.C. 501 note), is amended by inserting ``National Imagery and 
Mapping Agency,'' after ``Defense Intelligence Agency,''.
  (2) Section 1336 of title 44, United States Code, is amended--
          (A) by striking out ``Secretary of the Navy'' and inserting 
        in lieu thereof ``Director of the National Imagery and Mapping 
        Agency''; and
          (B) by striking out ``United States Naval Oceanographic 
        Office'' and inserting in lieu thereof ``National Imagery and 
        Mapping Agency''.

SEC. 433. TRANSFERS OF PERSONNEL AND ASSETS.

  The personnel, assets, unobligated balances of appropriations and 
authorizations of appropriations, and, to the extent jointly determined 
appropriate by the Secretary of Defense and Director of Central 
Intelligence, obligated balances of appropriations and authorizations 
of appropriations employed, used, held, arising from, or available in 
connection with the missions and functions transferred under section 
431(c) are transferred to the National Imagery and Mapping Agency. 
Transfers of appropriations from the Central Intelligence Agency under 
this section shall be made in accordance with section 1531 of title 31, 
United States Code.

SEC. 434. COMPATIBILITY WITH AUTHORITY UNDER THE INTELLIGENCE COMMUNITY 
                    ACT.

  Consistent with the other provisions of this Act, the Secretary of 
Defense shall ensure, through the National Imagery and Mapping Agency 
(except as otherwise directed by the President or the National Security 
Council) and with appropriate representation from the intelligence 
community, the continued operation of an effective unified organization 
within the Department of Defense--
          (1) for carrying out tasking of imagery collection;
          (2) for the coordination of imagery processing and 
        exploitation activities;
          (3) for ensuring the dissemination of imagery in a timely 
        manner to authorized recipients; and
          (4) notwithstanding any other provision of law, for--
                  (A) prescribing technical architecture and standards 
                related to imagery intelligence and geospatial 
                information and ensuring compliance with such 
                architecture and standards; and
                  (B) developing and fielding systems of common concern 
                related to imagery intelligence and geospatial 
                information.

SEC. 435. NATIONAL MISSION OF NATIONAL IMAGERY AND MAPPING AGENCY.

  (a) In General.--In addition to the Department of Defense missions 
set forth in section 442 of title 10, United States Code, the National 
Imagery and Mapping Agency shall support the imagery requirements of 
the Department of State and other departments and agencies of the 
United States outside the Department of Defense.
  (b) Requirements and Priorities.--The Director of Central 
Intelligence shall establish requirements and priorities governing the 
collection of national intelligence by the National Imagery and Mapping 
Agency under subsection (a).
  (c) Correction of Deficiencies.--The Director of Central Intelligence 
shall develop and implement such programs and policies as the Director 
and the Secretary of Defense jointly determine necessary to review and 
correct deficiencies identified in the capabilities of the National 
Imagery and Mapping Agency to accomplish assigned national missions. 
The Director shall consult with the Secretary of Defense on the 
development and implementation of such programs and policies. The 
Secretary shall obtain the advice of the Chairman of the Joint Chiefs 
of Staff regarding the matters on which the Director and the Secretary 
are to consult under the preceding sentence.

SEC. 436. CREDITABLE CIVILIAN SERVICE FOR CAREER CONDITIONAL EMPLOYEES 
                    OF THE DEFENSE MAPPING AGENCY.

  In the case of an employee of the National Imagery and Mapping Agency 
who, on the day before the effective date of this title, was an 
employee of the Defense Mapping Agency in a career-conditional status, 
the continuous service of that employee as an employee of the National 
Imagery and Mapping Agency on and after such date shall be considered 
creditable service for the purpose of any determination of the career 
status of the employee.

SEC. 437. SAVING PROVISIONS.

  (a) Continuing Effect on Legal Documents.--All orders, 
determinations, rules, regulations, permits, agreements, international 
agreements, grants, contracts, leases, certificates, licenses, 
registrations, privileges, and other administrative actions--
          (1) which have been issued, made, granted, or allowed to 
        become effective by the President, any Federal agency or 
        official thereof, or by a court of competent jurisdiction, in 
        connection with any of the functions which are transferred 
        under this title or any function that the National Imagery and 
        Mapping Agency is authorized to perform by law, and
          (2) which are in effect at the time this title takes effect, 
        or were final before the effective date of this title and are 
        to become effective on or after the effective date of this 
        title,
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the President, the Secretary of Defense, the Director of the National 
Imagery and Mapping Agency or other authorized official, a court of 
competent jurisdiction, or by operation of law.
  (b) Proceedings Not Affected.--This title and the amendments made by 
this title shall not affect any proceedings, including notices of 
proposed rulemaking, or any application for any license, permit, 
certificate, or financial assistance pending before an element of the 
Department of Defense or Central Intelligence Agency at the time this 
title takes effect, with respect to function of that element 
transferred by section 442, but such proceedings and applications shall 
be continued. Orders shall be issued in such proceedings, appeals shall 
be taken therefrom, and payments shall be made pursuant to such orders, 
as if this title had not been enacted, and orders issued in any such 
proceedings shall continue in effect until modified, terminated, 
superseded, or revoked by a duly authorized official, by a court of 
competent jurisdiction, or by operation of law. Nothing in this section 
shall be deemed to prohibit the discontinuance or modification of any 
such proceeding under the same terms and conditions and to the same 
extent that such proceeding could have been discontinued or modified if 
this title had not been enacted.

SEC. 438. DEFINITIONS.

  In this part, the terms ``function'', ``imagery'', ``imagery 
intelligence'', and ``geospatial information'' have the meanings given 
those terms in section 467 of title 10, United States Code, as added by 
section 432.

           PART II--CONFORMING AMENDMENTS AND EFFECTIVE DATE

SEC. 441. REDESIGNATION AND REPEALS.

  (a) Redesignation.--Chapter 23 of title 10, United States Code (as 
redesignated by section 432(a)(1)) is amended by redesignating the 
sections in that chapter as sections 481 and 482, respectively.
  (b) Repeal of Superseded Law.--Chapter 167 of such title, as amended 
by section 432(b), is repealed.

SEC. 442. REFERENCE AMENDMENTS.

  (a) Title 5, United States Code.--Title 5, United States Code, is 
amended as follows:
          (1) Central imagery office.--Sections 2302(a)(2)(C)(ii), 
        3132(a)(1)(B), 4301(1) (in clause (ii)), 4701(a)(1)(B), 
        5102(a)(1) (in clause (xi)), 5342(a)(1)(L), 6339(a)(1)(E), and 
        7323(b)(2)(B)(i)(XIII) are amended by striking out ``Central 
        Imagery Office'' and inserting in lieu thereof ``National 
        Imagery and Mapping Agency''.
          (2) Director, central imagery office.--Section 6339(a)(2)(E) 
        is amended by striking out ``Central Imagery Office, the 
        Director of the Central Imagery Office'' and inserting in lieu 
        thereof ``National Imagery and Mapping Agency, the Director of 
        the National Imagery and Mapping Agency''.
  (b) Other Laws.--The following provisions of law are amended by 
striking out ``Central Imagery Office'' and inserting in lieu thereof 
``National Imagery and Mapping Agency'':
          (1) National security act of 1947.--Section 3(4)(E) of the 
        National Security Act of 1947 (50 U.S.C. 401a(4)(E).
          (2) Ethics in government act of 1978.--Section 105(a) of the 
        Ethics in Government Act of 1978 (Public Law 95-521; 5 U.S.C. 
        App. 4).
          (3) Employee polygraph protection act.--Section 7(b)(2)(A)(i) 
        of the Employee Polygraph Protection Act of 1988 (Public Law 
        100-347; 29 U.S.C. 2006(b)(2)(A)(i)).
  (c) Cross Reference.--Section 82 of title 14, United States Code, is 
amended by striking out ``chapter 167'' and inserting in lieu thereof 
``subchapter II of chapter 22''.

SEC. 443. HEADINGS AND CLERICAL AMENDMENTS.

  (a) Title 10, United States Code.--
          (1) The table of chapters at the beginning of subtitle A of 
        title 10, United States Code, is amended--
                  (A) by striking out the item relating to chapter 22 
                and inserting in lieu thereof the following:

``22. National Imagery and Mapping Agency...................      441  
``23. Miscellaneous Studies and Reports.....................     471'';

                and
                  (B) by striking out the item relating to chapter 167.
          (2) The table of chapters at the beginning of part I of such 
        subtitle is amended by striking out the item relating to 
        chapter 22 and inserting in lieu thereof the following:

``22. National Imagery and Mapping Agency...................      441  
``23. Miscellaneous Studies and Reports.....................     471'';

          (3) The table of chapters at the beginning of part IV of such 
        subtitle is amended by striking out the item relating to 
        chapter 167.
          (4) The items in the table of sections at the beginning of 
        chapter 23 of title 10, United States Code (as redesignated by 
        section 432(a)(1)), are revised so as to reflect the 
        redesignations made by section 441(a).
  (b) Title 44, United States Code.--
          (1) The heading of section 1336 of title 44, United States 
        Code, is amended to read as follows:

``Sec. 1336. National Imagery and Mapping Agency: special 
                    publications''.

          (2) The item relating to that section in the tables of 
        sections at the beginning of chapter 13 of such title is 
        amended to read as follows:

``1336. National Imagery and Mapping Agency: special publications.''.

SEC. 444. EFFECTIVE DATE.

  This subtitle and the amendments made by this subtitle shall take 
effect on the later of October 1, 1996, or the date of the enactment of 
an Act, whichever is later.

           Subtitle D--Civilian Intelligence Personnel Policy

SEC. 481. MANAGEMENT OF CIVILIAN INTELLIGENCE PERSONNEL.

  (a) Consolidation and Standardization of Civilian Personnel Policy.--
Chapter 83 of title 10, United States Code, is amended--
          (1) by redesignating section 1602 as section 1621 and 
        transferring that section so as to appear after section 1605;
          (2) by redesignating sections 1606 and 1608 as section 1622 
        and 1623, respectively; and
          (3) by striking out the chapter heading, the table of 
        sections, and sections 1601, 1603, and 1604 and inserting in 
        lieu thereof the following:

         ``CHAPTER 83--CIVILIAN DEFENSE INTELLIGENCE EMPLOYEES

``Subchapter                                                       Sec.
``I. Defense-Wide Intelligence Personnel Policy.............       1601
``II. Defense Intelligence Agency Personnel.................       1621

       ``SUBCHAPTER I--DEFENSE-WIDE INTELLIGENCE PERSONNEL POLICY

``Sec.
``1601. Civilian intelligence personnel: general authority to establish 
excepted positions, appoint personnel, and fix rates of pay.
``1602. Basic pay.
``1603. Additional compensation, incentives, and allowances.
``1605. Benefits for certain employees assigned outside the United 
States.
``1606. Defense Intelligence Senior Executive Service.
``1607. Intelligence Senior Level positions.
``1608. Time-limited appointments.
``1609. Termination of defense intelligence employees.
``1610. Reductions and other adjustments in force.
``1611. Postemployment assistance: certain terminated intelligence 
employees.
``1612. Merit system principles and civil service protections: 
applicability.
``1613. Miscellaneous provisions.
``1614. Definitions.

``Sec. 1601. Civilian intelligence personnel: general authority to 
                    establish excepted positions, appoint personnel, 
                    and fix rates of pay

  ``(a) General Authority.--The Secretary of Defense may--
          ``(1) establish, as positions in the excepted service, such 
        defense intelligence positions in the intelligence components 
        of the Department of Defense and the military departments as 
        the Secretary determines necessary to carry out the 
        intelligence functions of those components and departments, 
        including--
                  ``(A) Intelligence Senior Level positions designated 
                under section 1607 of this title; and
                  ``(B) positions in the Defense Intelligence Senior 
                Executive Service;
          ``(2) appoint individuals to those positions (after taking 
        into consideration the availability of preference eligibles for 
        appointment to those positions); and
          ``(3) fix the compensation of such individuals for service in 
        those positions.
  ``(b) Construction With Other Laws.--The authority of the Secretary 
of Defense under subsection (a) applies without regard to the 
provisions of any other law relating to the appointment, number, 
classification, or compensation of employees.

``Sec. 1602. Basic pay

  ``(a) Authority To Fix Rates of Basic Pay.--The Secretary of Defense 
(subject to the provisions of this section) shall fix the rates of 
basic pay for positions established under section 1601 of this title in 
relation to the rates of basic pay provided in subpart D of part III of 
title 5 for positions subject to that subpart which have corresponding 
levels of duties and responsibilities.
  ``(b) Maximum Rates.--A rate of basic pay fixed under subsection (a) 
for a position established under section 1601 of this title may not 
(except as otherwise provided by law) exceed--
          ``(1) in the case of a Defense Intelligence Senior Executive 
        Service position, the maximum rate provided in section 5382 of 
        title 5;
          ``(2) in the case of an Intelligence Senior Level position, 
        the maximum rate provided in section 5382 of title 5; and
          ``(3) in the case of any other position, the maximum rate 
        provided in section 5306(e) of title 5.
  ``(c) Prevailing Rate Systems.--The Secretary of Defense may, 
consistent with section 5341 of title 5, adopt such provisions of that 
title as provide for prevailing rate systems of basic pay and may apply 
those provisions to positions for civilian employees in or under which 
the Department of Defense may employ individuals described by section 
5342(a)(2)(A) of that title.

``Sec. 1603. Additional compensation, incentives, and allowances

  ``(a) Additional Compensation Based on Title 5 Authorities.--The 
Secretary of Defense may provide employees in defense intelligence 
positions compensation (in addition to basic pay), including benefits, 
incentives, and allowances, consistent with, and not in excess of the 
level authorized for, comparable positions authorized by title 5.
  ``(b) Allowances Based on Living Costs and Environment.--(1) In 
addition to basic pay, employees in defense intelligence positions who 
are citizens or nationals of the United States and are stationed 
outside the continental United States or in Alaska may be paid an 
allowance, in accordance with regulations prescribed by the Secretary 
of Defense, while they are so stationed.
  ``(2) An allowance under this subsection shall be based on--
          ``(A) living costs substantially higher than in the District 
        of Columbia;
          ``(B) conditions of environment which (i) differ 
        substantially from conditions of environment in the continental 
        United States, and (ii) warrant an allowance as a recruitment 
        incentive; or
          ``(C) both of the factors specified in subparagraphs (A) and 
        (B).
  ``(3) An allowance under this subsection may not exceed the allowance 
authorized to be paid by section 5941(a) of title 5 for employees whose 
rates of basic pay are fixed by statute.''.
  (b) Matters Other Than Pay and Benefits.--Such chapter is further 
amended by inserting after section 1605 the following new sections:

``Sec. 1606. Defense Intelligence Senior Executive Service

  ``(a) Establishment.--The Secretary of Defense may establish a 
Defense Intelligence Senior Executive Service for defense intelligence 
positions established pursuant to section 1601(a) of this title that 
are equivalent to Senior Executive Service positions. The number of 
positions in the Defense Intelligence Senior Executive Service may not 
exceed the number of Defense Intelligence Senior Executive Service 
positions established as of January 1, 1996.
  ``(b) Regulations Consistent With Title 5 Provisions.--The Secretary 
of Defense shall prescribe regulations for the Defense Intelligence 
Senior Executive Service which are consistent with the requirements set 
forth in sections 3131, 3132(a)(2), 3393a, 3396(c), 3592, 3595(a), 
5384, and 6304 of title 5, subsections (a), (b), and (c) of section 
7543 of such title (except that any hearing or appeal to which a member 
of the Defense Intelligence Senior Executive Service is entitled shall 
be held or decided pursuant to those regulations), and subchapter II of 
chapter 43 of such title. To the extent that the Secretary determines 
it practicable to apply to members of, or applicants for, the Defense 
Intelligence Senior Executive Service other provisions of title 5 that 
apply to members of, or applicants for, the Senior Executive Service, 
the Secretary shall also prescribe regulations to implement those 
provisions with respect to the Defense Intelligence Senior Executive 
Service.
  ``(c) Award of Rank to Members of the Defense Intelligence Senior 
Executive Service.--The President, based on the recommendations of the 
Secretary of Defense, may award a rank referred to in section 4507 of 
title 5 to members of the Defense Intelligence Senior Executive 
Service. The award of such rank shall be made in a manner consistent 
with the provisions of that section.

``Sec. 1607. Intelligence Senior Level positions

  ``(a) Designation of Positions.--The Secretary of Defense may 
designate as an Intelligence Senior Level position any defense 
intelligence position that, as determined by the Secretary--
          ``(1) is classifiable above grade GS-15 of the General 
        Schedule;
          ``(2) does not satisfy functional or program management 
        criteria for being designated a Defense Intelligence Senior 
        Executive Service position; and
          ``(3) has no more than minimal supervisory responsibilities.
  ``(b) Regulations.--Subsection (a) shall be carried out in accordance 
with regulations prescribed by the Secretary of Defense.

``Sec. 1608. Time-limited appointments

  ``(a) Authority for Time-Limited Appointments.--The Secretary of 
Defense may by regulation authorize appointing officials to make time-
limited appointments to defense intelligence positions specified in the 
regulations.
  ``(b) Review of Use of Authority.--The Secretary of Defense shall 
review each time-limited appointment in a defense intelligence position 
at the end of the first year of the period of the appointment and 
determine whether the appointment should be continued for the remainder 
of the period. The continuation of a time-limited appointment after the 
first year shall be subject to the approval of the Secretary.
  ``(c) Condition on Permanent Appointment to Defense Intelligence 
Senior Executive Service.--An employee serving in a defense 
intelligence position pursuant to a time-limited appointment is not 
eligible for a permanent appointment to a Defense Intelligence Senior 
Executive Service position (including a position in which the employee 
is serving) unless the employee is selected for the permanent 
appointment on a competitive basis.
  ``(d) Time-Limited Appointment Defined.--In this section, the term 
`time-limited appointment' means an appointment (subject to the 
condition in subsection (b)) for a period not to exceed two years.

``Sec. 1609. Termination of defense intelligence employees

  ``(a) Termination Authority.--Notwithstanding any other provision of 
law, the Secretary of Defense may terminate the employment of any 
employee in a defense intelligence position if the Secretary--
          ``(1) considers that action to be in the interests of the 
        United States; and
          ``(2) determines that the procedures prescribed in other 
        provisions of law that authorize the termination of the 
        employment of such employee cannot be invoked in a manner 
        consistent with the national security.
  ``(b) Finality.--A decision by the Secretary of Defense to terminate 
the employment of an employee under this section is final and may not 
be appealed or reviewed outside the Department of Defense.
  ``(c) Notification to Congressional Committees.--Whenever the 
Secretary of Defense terminates the employment of an employee under the 
authority of this section, the Secretary shall promptly notify the 
congressional oversight committees of such termination.
  ``(d) Preservation of Right To Seek Other Employment.--Any 
termination of employment under this section does not affect the right 
of the employee involved to seek or accept employment with any other 
department or agency of the United States if that employee is declared 
eligible for such employment by the Director of the Office of Personnel 
Management.
  ``(e) Limitation on Delegation.--The authority of the Secretary of 
Defense under this section may be delegated only to the Deputy 
Secretary of Defense, the head of an intelligence component of the 
Department of Defense (with respect to employees of that component), or 
the Secretary of a military department (with respect to employees of 
that department). An action to terminate employment of such an employee 
by any such official may be appealed to the Secretary of Defense.

``Sec. 1610. Reductions and other adjustments in force

  ``(a) In General.--The Secretary of Defense shall prescribe 
regulations for the separation of employees in defense intelligence 
positions, including members of the Defense Intelligence Senior 
Executive Service and employees in Intelligence Senior Level positions, 
during a reduction in force or other adjustment in force. The 
regulations shall apply to such a reduction in force or other 
adjustment in force notwithstanding sections 3501(b) and 3502 of title 
5.
  ``(b) Matters To Be Given Effect.--The regulations shall give effect 
to the following:
          ``(1) Tenure of employment.
          ``(2) Military preference, subject to sections 3501(a)(3) and 
        3502(b) of title 5.
          ``(3) The veteran's preference under section 3502(b) of title 
        5.
          ``(4) Performance.
          ``(5) Length of service computed in accordance with the 
        second sentence of section 3502(a) of title 5.
  ``(c) Regulations Relating to Defense Intelligence SES.--The 
regulations relating to removal from the Defense Intelligence Senior 
Executive Service in a reduction in force or other adjustment in force 
shall be consistent with section 3595(a) of title 5.
  ``(d) Right of Appeal.--(1) The regulations shall provide a right of 
appeal regarding a personnel action under the regulations. The appeal 
shall be determined within the Department of Defense. An appeal 
determined at the highest level provided in the regulations shall be 
final and not subject to review outside the Department of Defense. A 
personnel action covered by the regulations is not subject to any other 
provision of law that provides appellate rights or procedures.
  ``(2) Notwithstanding paragraph (1), a preference eligible referred 
to in section 7511(a)(1)(B) of title 5 may elect to have an appeal of a 
personnel action taken against the preference eligible under the 
regulation determined by the Merit Systems Protection Board instead of 
having the appeal determined within the Department of Defense. Section 
7701 of title 5 shall apply to any such appeal to the Merit Systems 
Protection Board.
  ``(e) Consultation With OPM.--Regulations under this section shall be 
prescribed in consultation with the Director of the Office of Personnel 
Management.''.
  (c) Transfer of Section 1599.--Subtitle A of title 10, United States 
Code, is amended by transferring section 1599 to chapter 83 of such 
title, inserting such section after section 1610 (as added by 
subsection (b)), redesignating such section as section 1611, and in 
subsection (f) striking out ``means'' and all that follows and 
inserting in lieu thereof ``includes the National Reconnaissance Office 
and any intelligence component of a military department.''.
  (d) Additional Provisions.--Such chapter is further amended by 
inserting after section 1611 (as so transferred and redesignated) the 
following new sections:

``Sec. 1612. Merit system principles and civil service protections: 
                    applicability

  ``(a) Applicability of Merit System Principles.--Section 2301 of 
title 5 shall apply to the exercise of authority under this subchapter 
(other than sections 1605 and 1611).
  ``(b) Civil Service Protections.--(1) If, in the case of a position 
established under authority other than section 1601(a)(1) of this title 
that is reestablished as an excepted service position under that 
section, the provisions of law referred to in paragraph (2) applied to 
the person serving in that position immediately before the position is 
so reestablished and such provisions of law would not otherwise apply 
to the person while serving in the position as so reestablished, then 
such provisions of law shall continue to apply to the person with 
respect to service in that position for as long as the person continues 
to serve in the position without a break in service.
  ``(2) The provisions of law referred to in paragraph (1) are the 
following provisions of title 5:
          ``(A) Section 2302, relating to prohibited personnel 
        practices.
          ``(B) Chapter 75, relating to adverse actions, unless, in the 
        case of any individual employee, that employee elects to have 
        an appeal determined within the Department of Defense.

``Sec. 1613. Miscellaneous provisions

  ``(a) Collective Bargaining Agreements.--Nothing in sections 1601 
through 1604 and 1606 through 1610 may be construed to impair the 
continued effectiveness of a collective bargaining agreement with 
respect to an agency or office that is a successor to an agency or 
office covered by the agreement before the succession.
  ``(b) Notice to Congress of Regulations.--The Secretary of Defense 
shall notify Congress of any regulations prescribed to carry out this 
subchapter (other than sections 1605 and 1611). Such notice shall be 
provided by submitting a copy of the regulations to the congressional 
oversight committees not less than 60 days before such regulations take 
effect.

``Sec. 1614. Definitions

  ``In this subchapter:
          ``(1) The term `defense intelligence position' means a 
        civilian position as an intelligence officer or intelligence 
        employee of an intelligence component of the Department of 
        Defense or of a military department.
          ``(2) The term `intelligence component of the Department of 
        Defense' means any of the following:
                  ``(A) The National Security Agency.
                  ``(B) The Defense Intelligence Agency.
                  ``(C) The National Imagery and Mapping Agency.
                  ``(D) Any other component of the Department of 
                Defense that performs intelligence functions and is 
                designated by the Secretary of Defense as an 
                intelligence component of the Department of Defense.
                  ``(E) Any successor to a component specified in, or 
                designated pursuant to, this paragraph.
          ``(3) The term `congressional oversight committees' means--
                  ``(A) the Committee on Armed Services and the Select 
                Committee on Intelligence of the Senate; and
                  ``(B) the Committee on National Security and the 
                Permanent Select Committee on Intelligence of the House 
                of Representatives.
          ``(4) The term `excepted service' has the meaning given such 
        term in section 2103 of title 5.
          ``(5) The term `preference eligible' has the meaning given 
        such term in section 2108(3) of title 5.
          ``(6) The term `Senior Executive Service position' has the 
        meaning given such term in section 3132(a)(2) of title 5.
          ``(7) The term `collective bargaining agreement' has the 
        meaning given such term in section 7103(8) of title 5.''.
  (e) Designation of New Subchapter II.--Chapter 83 of such title is 
further amended by inserting after section 1614 (as added by subsection 
(d)) the following:

         ``SUBCHAPTER II--DEFENSE INTELLIGENCE AGENCY PERSONNEL

``Sec.
``1621. Defense Intelligence Agency merit pay system.
``1622. Uniform allowance: civilian employees.
``1623. Financial assistance to certain employees in acquisition of 
critical skills.''.

SEC. 482. REPEAL OF SUPERSEDED SECTIONS AND CLERICAL AND CONFORMING 
                    AMENDMENTS.

  (a) Repeal of Separate Military Department Authorities.--Section 1590 
of title 10, United States Code, is repealed. 
  (b) Repeal of Separate National Security Agency Authorities.--The 
following provisions of law are repealed:
          (1) Sections 2 and 4 of the National Security Agency Act of 
        1959 (50 U.S.C. 402 note).
          (2) Section 303 of the Internal Security Act of 1950 (50 
        U.S.C. 833).
  (c) Clerical Amendments.--Title 10, United States Code, is amended as 
follows:
          (1) The heading for section 1605 is amended to read as 
        follows:

``Sec. 1605. Benefits for certain employees assigned outside the United 
                    States''.

          (2) The table of sections at the beginning of chapter 81 is 
        amended by striking out the items relating to sections 1590 and 
        1599.
          (3) The tables of chapters at the beginning of subtitle A, 
        and at the beginning of part II of subtitle A, are amended by 
        striking out the item relating to chapter 83 and inserting in 
        lieu thereof the following:

``83. Civilian Defense Intelligence Employees...............    1601''.

  (d) Conforming Amendment.--Section 1621 of such title, as transferred 
and redesignated by section 481(a)(1), is amended by striking out ``and 
Central Imagery Office''.
  (e) Cross Reference Amendments.--Chapter 81 of title 10, United 
States Code, is amended as follows:
          (1) Section 1593(a)(3) is amended by striking out ``section 
        1606'' and inserting in lieu thereof ``section 1622''.
          (2) Section 1596(c) is amended by striking out ``section 
        1604(b)'' and inserting in lieu thereof ``section 1602''.

SEC. 483. OTHER PERSONNEL MANAGEMENT AUTHORITIES.

  (a) Applicability of Federal Labor-Management Relations System.--
Section 7103(a)(3) of title 5, United States Code is amended--
          (1) by inserting ``or'' at the end of subparagraph (F);
          (2) by striking out ``; or'' at the end of subparagraph (G) 
        and inserting in lieu thereof a period; and
          (3) by striking out subparagraph (H).
  (b) Applicability of Authority and Procedures for Imposing Certain 
Adverse Actions.--Section 7511(b)(8) of such title is amended by 
striking out ``the National Security Agency'' and all that follows 
through ``title 10'' and inserting in lieu thereof ``an intelligence 
component of the Department of Defense (as defined in section 1614 of 
title 10), or an intelligence activity of a military department covered 
under subchapter I of chapter 83 of title 10''.

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

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

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

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

``SEC. 101. NATIONAL SECURITY COUNCIL.

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

``SEC. 104. NATIONAL COUNTERINTELLIGENCE POLICY BOARD.

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

    TITLE VI--TECHNICAL AND CONFORMING AMENDMENTS AND EFFECTIVE DATE

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

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

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

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

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

``SEC. 2. GENERAL PERSONNEL AUTHORITIES.

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

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

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

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

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

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

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

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

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

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

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

``SEC. 12. SENIOR CRYPTOLOGIC EXECUTIVE SERVICE.

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

``SEC. 13. GRANTS FOR CRYPTOLOGIC RESEARCH.

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

``SEC. 14. AVAILABILITY OF CERTAIN APPROPRIATIONS.

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

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

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

``SEC. 16. RECRUITMENT OF QUALIFIED PERSONNEL.

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

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

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

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

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

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

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

SEC. 604. NATIONAL SECURITY ACT OF 1947.

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

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

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

``Sec. 101. National Security Council.
``Sec. 104. National Counterintelligence Policy Board.'';

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

SEC. 605. ABOLITION OF NATIONAL INTELLIGENCE COUNCIL.

  The National Intelligence Council is abolished.

SEC. 606. EFFECTIVE DATE.

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

                          Purpose and Summary

    H.R. 3237, the Intelligence Community Act, would make broad 
structural and organizational reforms to the national 
intelligence community.

                          Legislative History

     H.R. 3237 was introduced on April 15, 1996 and was 
referred to the Permanent Select Committee on Intelligence and 
to the Committee on National Security. On June 13, 1996, the 
Permanent Select Committee on Intelligence agreed to an 
amendment in the nature of a substitute to H.R. 3237 and 
ordered the bill, as amended, favorably reported by a vote of 6 
to 3.
    On July 11, 1996, the Committee on National Security held a 
hearing to consider H.R. 3237. Testimony was received from: 
Honorable John P. White, Deputy Secretary of Defense; 
Lieutenant General Paul Van Riper, Commanding General of the 
Combat Development Command, U.S. Marine Corps; Major General 
Edward Anderson, Assistant Deputy Chief of Staff for Operations 
and Plans, U.S. Army; Major General Bobby O. Floyd, Director of 
Forces, Office of the Deputy Chief of Staff for Plans and 
Operations, U.S. Air Force; and Rear Admiral John Luecke, 
Assistant Deputy Chief of Naval Operations, U.S. Navy.
     On July 17, 1996, the Committee on National Security met 
to consider H.R. 3237. The committee agreed to an amendment in 
the nature of a substitute and ordered the bill, as amended, 
reported favorably to the House by unanimous voice vote.

                 Explanation of the Committee Amendment

     The committee adopted an amendment in the nature of a 
substitute during the consideration of H.R. 3237. The remainder 
of the report discusses the bill, as amended by the amendment 
in the nature of a substitute.

                                purpose

     The United States continues to need a strong, highly 
capable and increasingly flexible intelligence community. This 
need has not diminished since the end of the Cold War. Indeed, 
the current international situation is, in many ways, more 
complex and more difficult to manage than was the relatively 
stable, bi-polar Cold War. This changed security environment 
has particularly impacted on the military with a dramatic 
increase in participation in peacekeeping and humanitarian 
missions. Thus, the demands for military and non military 
intelligence remain significant and may likely increase. While 
the focus of national security challenges has changed, the 
mission of the intelligence community has not: to ensure that 
the United States does not suffer a crippling, strategic 
surprise; to provide timely intelligence to civil and military 
policy-makers that may provide the basis for sound decision 
making; to support military operations; and, to carry out 
certain non-traditional intelligence operations in accordance 
with laws and as tasked by legally responsible officials.
     The changed international scene may require, and improving 
technologies offer opportunities for, revolutionary advances in 
technical intelligence. Significant advances in technical 
intelligence and overall efficiency may also be promoted 
through reorganization of the intelligence community.
     However, the intelligence community in its present form 
was a major contributor to the favorable end of the Cold War 
and generally continues to serve the nation well. The mission 
and structure of the intelligence community is complex, and its 
wholesale transformation, however well planned, runs the risk 
of inadvertent disruption or damage to U.S. intelligence 
capabilities through unforeseen consequences. Moreover, sudden 
comprehensive restructuring of the intelligence community in 
the face of an unpredictable international environment could, 
if a crisis arises while the intelligence community is 
undergoing upheaval, put at risk U.S. national security. 
Therefore, the committee believes that incremental change of 
the intelligence community is the more prudent course toward 
realizing the potential technological benefits and improved 
efficiencies that may derive from reorganization, without 
compromising national security.
     Accordingly, this bill, as amended, provides for a number 
of changes in the intelligence community that move toward the 
promising revolution in technical intelligence and greater 
efficiencies that may be realized from a more far reaching 
reorganization. Specifically, this bill, as amended by the 
committee, establishes a National Imagery and Mapping Agency 
(NIMA), creates a second Deputy Director of Central 
Intelligence (DDCI), promotes increased cooperation between the 
Defense Human Intelligence Service (DHS) and the Directorate of 
Operations (DO) of the Central Intelligence Agency, requires 
the Director of Central Intelligence and the Secretary of 
Defense to report on the advisability of establishing a 
Director of Military Intelligence, consolidates and streamlines 
intelligence personnel authorities, and appropriately 
recodifies and restructures the National Security Act of 1947.

           authority of the director of central intelligence

     The bill, as amended, would retain the current balance of 
authorities and responsibility between the Director of Central 
Intelligence (DCI) and the Secretary of Defense over national 
intelligence components of the Department of Defense. While the 
committee acknowledges the argument that the present 
distribution of authority over intelligence community assets is 
complex and fragmented, it is not convinced that the solution 
rests with removing management, budgetary and programmatic 
execution responsibilities from the Secretary of Defense. To 
the extent that many of the national intelligence organizations 
remain integral elements of the Department of Defense with a 
clear combat support mission and responsibility, the committee 
continues to believe that statutory authorities should remain 
clearly and unambiguously vested with the Secretary of Defense.

                  national imagery and mapping agency

     The National Imagery and Mapping Agency (NIMA) would 
combine most imagery intelligence management and analysis 
functions into one consolidated Department of Defense agency. 
NIMA would subsume the Defense Mapping Agency (DMA), the 
Central Imagery Office (CIO), the CIA National Photographic 
Interpretation Center (NPIC), portions of the National 
Reconnaissance Office (NRO), portions of the Defense 
Intelligence Agency (DIA) and other minor components. The 
committee believes that it is essential to establish NIMA as a 
defense Combat Support Agency because, in taking over the 
Defense Mapping Agency, NIMA would control the Department of 
Defense's entire cartography capability, which is indispensable 
to military operations and mission success. However, a 
permanent Customer Advisory Board would ensure that NIMA is 
responsive to the needs of all intelligence consumers.
    The objective in establishing NIMA is to fuse imagery and 
digital mapping technologies to provide promptly databases on 
terrain and targets for U.S. forces wherever they may deploy. 
Current U.S. capabilities to provide such intelligence are 
limited. By furthering the ``digitization'' of future potential 
battlefields, NIMA would create a new technical capability that 
would improve U.S. warfighting capabilities at every level, 
from precision-guided munitions to a rifle platoon on patrol. 
Moreover, the synergistic effects of merging imagery and 
mapping technologies promises to multiply U.S. reconnaissance 
capabilities against a host of intelligence problems, including 
arms control verification, countering denial and deception 
activities, and monitoring relocatable targets.
    NIMA may also serve as the first in a series of 
evolutionary steps toward consolidation or increased 
coordination of intelligence disciplines. NIMA would provide a 
basis for further evaluation of the concept of combining 
mapping, imagery, signals intelligence (SIGINT), and 
measurement and signatures intelligence (MASINT) into a single 
technical collection agency or similar organization.
    NIMA would also consolidate and streamline management for 
the production of imagery intelligence. NIMA would attempt to 
compensate for the shrinking workforce of imagery analysts by 
eliminating redundancy among several imagery organizations, 
better coordinating the efforts of scarce manpower, better 
prioritizing targets, and other efficiencies. Consolidating 
analysts in a single organization dedicated to imagery would 
create an opportunity to provide special training to improve 
the professional standards of all imagery analysts. Central 
management of imagery resources through NIMA would therefore 
facilitate the introduction of common architectures and 
improved management of emerging technologies to support the 
imagery mission.

              new deputy director of central intelligence

    The bill, as amended by the Committee on National Security, 
would establish a second Deputy Director of Central 
Intelligence to support the Director of Central Intelligence, 
consistent with the existing authorities of the DCI for 
community-wide management. The Deputy Director of Central 
Intelligence for Community Management would be established to 
provide coordination for community-wide activities, such as 
identifying and reviewing intelligence gaps and shortfalls. The 
DDCI for Community Management would direct the operations of 
the Community Management Staff and coordinate community-wide 
resources, requirements, and research and development.

                   director of military intelligence

    The bill, as amended by the Committee on National Security, 
would direct the Secretary of Defense to submit a report on the 
day-to-day coordination role of the intelligence activities of 
the military intelligence community performed by the Director 
of the Defense Intelligence Agency, as chairman of the Military 
Intelligence Board. The report would address the feasibility of 
formally establishing the Director of the Defense Intelligence 
Agency as the Director of Military Intelligence.
    Establishing a Director of Military Intelligence holds the 
potential for improving coordination within the defense 
intelligence community and with the larger intelligence 
community. However, the consolidation of these responsibilities 
in a position which would be filled by a military officer 
raises legitimate and important questions about maintaining an 
appropriate level of civilian oversight over this critical 
intelligence function. Therefore, the committee-reported bill 
recommends deletion of the provision establishing a Director of 
Military Intelligence.

                        dhs and cia coordination

    The Defense Human Intelligence Service (DHS) of the Defense 
Intelligence Agency was recently established to consolidate the 
human intelligence (HUMINT) activities of the several military 
services into a single organization. The objective of DHS 
differs significantly from that of its counterpart in the 
Directorate of Operations in the CIA. DHS operations primarily 
support military operations and theater commanders, while CIA 
operations are oriented toward collection of national 
intelligence. Moreover, only a small fraction of DHS operations 
involve covert collection. Military officers serving in DHS 
must weigh the benefits of a covert operation against the risks 
to U.S. military-to-military relations with foreign 
governments. DHS and CIA missions are complementary, not 
redundant. Nonetheless, DHS and CIA may both benefit from 
closer coordination.
    The bill, as amended by the Committee on National Security, 
would direct the Director of Central Intelligence and the 
Deputy Secretary of Defense to jointly prepare a report on the 
progress of ongoing efforts by DHS and CIA to improve 
coordination and, where practicable, consolidate the collection 
of clandestine intelligence from human sources. The report 
would be submitted to the Committee on Armed Services and the 
Select Committee on Intelligence of the Senate and the 
Committee on National Security and the Permanent Select 
Committee on Intelligence of the House of Representatives.

                     intelligence personnel reform

    The bill, as amended, would provide the foundation for 
common personnel practices and standards across the 
intelligence community. The adoption of common career 
development objectives, performance rating systems, and other 
personnel programs will ease the mobility between the 
components of the Intelligence Community and result in a new 
capability to respond to shifts in consumer needs in a 
demanding and dynamic national security environment. The bill 
would also fully integrate the National Imagery and Mapping 
Agency (NIMA) into the personnel management structure common to 
all components of the Defense Intelligence Community and would 
provide the unique personnel authorities required to make the 
implementation of NIMA a success.

             panel on the future of intelligence collection

    The bill, as amended by the Committee on National Security, 
would authorize the Director of Central Intelligence (DCI) and 
the Secretary of Defense to jointly conduct a study, to be 
performed by a panel selected by the DCI and Secretary of 
Defense, on the future of intelligence collection. In 
particular, the study would review and evaluate the 
implementation and effectiveness of the NIMA and possible 
synergistic benefits of future consolidation of other 
collection activities, particularly signals intelligence 
(SIGINT) and measurement and signatures intelligence (MASINT). 
The study would also evaluate the possible benefits that may 
derive from consolidating the development, testing, and 
procurement of reconnaissance systems for imagery, SIGINT, and 
MASINT required by the Intelligence Community.
    The panel would submit their report no later than April 15, 
1997 to the DCI and Secretary of Defense, who would forward the 
report to the President, the congressional intelligence 
committees, the Committee on Armed Services of the Senate, and 
the Committee on National Security of the House of 
Representatives.

                           Departmental Data

    The Committee on National Security received correspondence 
from the Department of Defense concerning H.R. 3237:

                               Deputy Secretary of Defense,
                                      Washington, DC, May 31, 1996.
Hon. Floyd D. Spence,
Chairman, Committee on National Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: On May 29, John Deutch and I appeared 
before House Permanent Select Committee on Intelligence (HPSCI) 
in an informal session to discuss the intelligence community 
reform IC-21 proposal. While I regard the discussion helpful, 
there remain several issues regarding the IC-21 Substitute bill 
that give the Department of Defense serious concern.
    First, in accordance with the Administration's proposal for 
intelligence reform, the Department will be unable to support 
any bill that does not include the establishment of the 
National Imagery and Mapping Agency (NIMA) as a combat support 
agency in Title 10, USC.
    Second, the Department strongly rejects the bill's 
provision that provides the DCI the authority to unilaterally 
transfer National Foreign Intelligence Program (NFIP) funds in 
Defense accounts without the agreement of the Department. 
Defense cannot afford to find itself, after-the-fact, in the 
position of having Defense-appropriated dollars used for what 
Defense deems less important Defense initiatives or non-Defense 
requirements.
    Third, the Department strongly objects to the proposal to 
transfer any Defense Human-Source Intelligence (HUMINT) Service 
(DHS) responsibilities, activities, or resources to the Central 
Intelligence Agency. The Department's conduct of HUMINT 
activities is mission-essential and the Secretary's oversight 
of the activities cannot be abrogated. Further, a phased plan 
concerning DHS has been agreed upon between the DCI and me, and 
no additional legislation is required.
    It is the Department's position that, at a minimum, these 
three issues must be resolved in order to move the IC-21 
Substitute forward. Without these corrections, the Department 
will not support any reform proposal. Additionally, I am 
providing the attached assessment of each of the provisions of 
the IC-21 Substitute that affect Defense. I also have provided 
this assessment to HPSCI Chairman Combest as an outcome of the 
May 29 discussion.
    Mr. Chairman, as the HNSC begins its deliberations on this 
subject, I look forward to working with you to achieve sound 
and workable intelligence community reforms. A courtesy copy of 
this letter has been provided to Rep. Dellums.
            Sincerely,
                                                        John White.
    Attachment.

Subject: Defense positions on IC-21 and other intelligence reform 
        issues.
    Intelligence is critical to the success of military 
operations and the Department has been consistent throughout 
the development of the Administration's intelligence reform 
package and during subsequent reviews of other intelligence 
reform proposals to ensure that every change and every 
recommendation for change could be tied directly to improving 
the quality and timeliness of intelligence to the fighting 
forces.
    NIMA: The Secretary and the Chairman, Joint Chiefs of 
Staff, worked with the DCI on a legislative proposal for the 
National Imagery and Mapping Agency, using concern for the 
warfighter as DoD's single most important qualifier for how 
NIMA would be structured. With the Department's entire mapping 
capability rolled up into NIMA--a capability without which 
there can be no successful planning for military operations or 
guarantee of mission success--it is essential that NIMA emerge 
as a combat support agency in legislation. That is not to say 
that there are not other, extremely significant customers of a 
NIMA, and those customers have been recognized and accommodated 
in the legislative proposal. The preeminent concern in the 
proposal to establish NIMA, however, was to ensure we meet the 
needs of the most demanding and challenging customer--the 
warfighter.
    DCI Unilateral Transfer Authority of NFIP Funds: The 
Department does not agree that the DCI should be allowed to 
transfer (or reprogram) up to five percent of NFIP funds in any 
year. DoD coordinates with the DCI on any proposed execution-
year change in NFIP resources within Defense accounts. The 
Department must insist upon the same consideration from the 
DCI. Defense cannot afford to find itself, after-the-fact, in 
the position of having Defense-appropriated dollars used for 
what Defense deems less important Defense initiatives or non-
Defense requirements.
    DoD Clandestine HUMINT: In response to a Brown Commission 
recommendation, as well as proposals from the HPSCI and the 
SSCI, the Department and the DCI have agreed to changes in 
Defense HUMINT Service clandestine activities that respond to 
congressional concerns, while at the same time ensuring that 
Defense has not abrogated its responsibilities to conduct and 
oversee clandestine Departmental activities. The Department and 
the DCI can report back to the Committees on the implementation 
of those changes, as required. The Department does not support 
IC-21 proposed changes to the Defense HUMINT Service.
    Personnel Reform: The Department forwarded to Congress a 
legislative package that reforms DoD intelligence personnel 
management. The Department also worked hard with the DCI to 
identify improvements to Intelligence Community wide personnel 
management and practices. The HPSCI has included this 
initiative in its intelligence reform package.
    Establishment of the Director of Military Intelligence 
(DMI) and Military Intelligence Board (MIB):The Department 
appreciates the important role that the Director of the Defense 
Intelligence Age performs as Chairman of the MIB to coordinate 
the day-to-day intelligence activities of the military 
intelligence community. However, Defense does not agree that 
there is a requirement to legislate the DMI position or the 
MIB.
    IC-21 Substitute Proposal for a Collection Study: The 
Department recognizes that the HPSCI has not supported 
establishment of NIMA this year. DoD appreciates the fact that 
the original IC-21 proposal regarding the establishment of what 
the Department considers to be an extremely disruptive 
consolidation of all technical collection into one organization 
was modified to require a study of collection organizations in 
the IC-21 Substitute. Provided the Department participates in 
the development and conduct of such a study, there may be 
potential improvements in the way collection programs are 
managed and resourced beyond those programmatic process 
improvements already implemented by the Department and the DCI.
    However, DoD only supports a collection study provided the 
Administration's proposed legislation is passed. Further, the 
Department cannot support any legislative proposal on 
intelligence reform that does not include establishment this 
year of NIMA as a combat support agency in Title 10.
    Intelligence Community Inspector General Forum: IC-21 
Substitute reflects agreement with a DOD Inspector General 
proposal to use the Inspector General Forum to look at issues 
across the Intelligence Community without impinging on the need 
for the DoD Inspector General to look at Defense intelligence 
issues within a Departmental context. However, the Department 
does not support the IC-21 proposal to establish this Forum in 
statute. DCI Consultation on Defense Appointments: Since IC-21 
Substitute changed the requirement for the DCI to concur in 
Defense appointments, the Department concurs in the IC-21 
Substitute provision that requires the Secretary to consult 
with the DCI prior to selection of the Directors of the 
National Reconnaissance Office and the National Security 
Agency.
    Establishment of the Deputy Director of Central 
intelligence f or Community Management: Such a Deputy Director 
could play an important role to provide direction for 
community-wide activities and to identify and review 
intelligence gaps and shortfalls, but it is essential that the 
clear lines of command and control from the Secretary of 
Defense to DoD intelligence activities and organizations remain 
unclouded.
    Establishment of a DCI Infrastructure Support Office: 
Whether DoD could support establishment of such an office 
depends on the conduct of a thorough review of the functions 
proposed for consolidation and the identification of clear 
advantages, such as substantial resource savings or process 
improvements.

                           Committee Position

    On July 17, 1996, the Committee on National Security, a 
quorum being present, approved H.R. 3237, as amended by a 
unanimous voice vote.

                              Fiscal Data

    Pursuant to clause 7 of rule XIII of the Rules of the House 
of Representatives, the committee attempted to ascertain annual 
outlays resulting from the bill during fiscal year 1997 and the 
four following fiscal years. The results of such efforts are 
reflected in the cost estimate prepared by the Director of the 
Congressional Budget Office under section 403 of the 
Congressional Budget Act of 1974, which is included in this 
report pursuant to clause 2(l)(3)(C) of House Rule XI.

                  CONGRESSIONAL BUDGET OFFICE ESTIMATE

    In compliance with clause 2(l)(3)(C) of rule XI of the 
Rules of the House of Representatives, the cost estimate 
prepared by the Congressional Budget Office and submitted 
pursuant to section 403(a) of the Congressional Budget Act of 
1974 is as follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 22, 1996.
Hon. Floyd D. Spence,
Chairman, Committee on National Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 3237, the Intelligence Community Act, as ordered 
reported by the House Committee on National Security (HNSC) on 
July 17, 1996. H.R. 3237 would reorganize elements of the 
intelligence community, require further studies on organization 
and consolidation, and define the responsibilities of various 
federal agencies for intelligence functions.
    CBO estimates that H.R. 3237 would not have a significant 
budgetary impact. On May 28, 1996, CBO prepared an estimate for 
H.R. 3237 as ordered reported by the House Permanent Select 
Committee on Intelligence; the HNSC amendments would remove 
provisions from the earlier bill that would have a measurable 
cost.
    H.R. 3237 would not affect direct spending or revenues and 
thus would not be subject to pay-as-you-go procedures under 
section 252 of the Balanced Budget and Emergency Deficit 
Control Act of 1985.
    Section 4 of the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4)excludes from application of that act 
legislative provisions that are necessary for the national 
security. CBO has determined that all the provisions of H.R. 
3237 fit within that exclusion.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeannette Van 
Winkle.
            Sincerely,
                                         June E. O'Neill, Director.

                        COMMITTEE COST ESTIMATE

    Pursuant to clause 7(a) of rule XIII of the Rules of the 
House of Representatives, the committee generally concurs with 
the estimate as contained in the report of the Congressional 
Budget Office.

                       INFLATION IMPACT STATEMENT

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the committee concludes that the bill 
would have no significant inflationary impact.

                           Oversight Findings

    With respect to clause 2(l)(3)(A) of rule XI of the Rules 
of the House of Representatives, this legislation results from 
hearings and other oversight activities conducted by the 
committee pursuant to clause 2(b)(1) of rule X.
    With respect to clause 2(l)(3)(B) of rule XI of the Rules 
of the House of Representatives and section 308(a)(1) of the 
Congressional Budget Act of 1974, this legislation does not 
include any new spending or credit authority, nor does it 
provide for any increase or decrease in tax revenues or 
expenditures. The fiscal features of this legislation are 
addressed in the estimate prepared by the Director of the 
Congressional Budget Office under section 403 of the 
Congressional Budget Act of 1974.
    With respect to clause 2(l)(3)(D) of rule XI of the Rules 
of the House of Representatives, the committee has not received 
a report from the Committee on Government Reform and Oversight 
pertaining to the subject matter of H.R. 3237.

                     Statement of Federal Mandates

    Pursuant to section 423 of Public Law 104-4, this 
legislation contains no federal mandates with respect to state, 
local, and tribal governments, nor with respect to the private 
sector. Similarly, the bill provides no federal 
intergovernmental mandates.

                             Rollcall Votes

    In accordance with clause 2(l)(2)(B) of rule XI of the 
Rules of the House of Representatives, only voice votes were 
taken with respect to the committee's consideration of H.R. 
3237. The committee ordered H.R. 3237 reported to the House 
with a favorable recommendation by a unanimous voice vote, a 
quorum being present.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

                      TITLE 10, UNITED STATES CODE

          * * * * * * *

                    Subtitle A--General Military Law

            PART I--ORGANIZATION AND GENERAL MILITARY POWERS

Chap.                                                               Sec.
      Definitions....................................................101
     * * * * * * *
      Miscellaneous Studies and Reports.............................451]
      National Imagery and Mapping Agency............................441
      Miscellaneous Studies and Reports..............................471

                           PART II--PERSONNEL

     * * * * * * *
      Defense Intelligence Agency and Central Imagery Office Civilian 3.
        Personnel..................................................1601]
      Civilian Defense Intelligence Employees.......................1601
     * * * * * * *

                PART IV--SERVICE, SUPPLY, AND PROCUREMENT

     * * * * * * *
      Defense Mapping Agency.......................................2791]
     * * * * * * *

            PART I--ORGANIZATION AND GENERAL MILITARY POWERS

Chap.                                                               Sec.
      Definitions....................................................101
     * * * * * * *
      Miscellaneous Studies and Reports.............................451]
      National Imagery and Mapping Agency............................441
      Miscellaneous Studies and Reports..............................471
     * * * * * * *

                           PART II--PERSONNEL

          * * * * * * *
      Defense Intelligence Agency and Central Imagery Office Civilian 3.
        Personnel..................................................1601]
      Civilian Defense Intelligence Employees.......................1601
     * * * * * * *

 CHAPTER 8--DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD ACTIVITIES

          * * * * * * *

           SUBCHAPTER I--COMMON SUPPLY AND SERVICE ACTIVITIES

          * * * * * * *

Sec. 193. Combat support agencies: oversight

  (a) * * *
          * * * * * * *
  (d) [Review of National Security Agency.--] Review of 
National Security Agency and National Imagery and Mapping 
Agency.--(1) Subsections (a), (b), and (c) shall apply to the 
National Security Agency and the National Imagery and Mapping 
Agency, but only with respect to combat support functions [the 
Agency] that the agencies performs for the Department of 
Defense.
  (2) The Secretary, after consulting with the Director of 
Central Intelligence, shall establish policies and procedures 
with respect to the application of subsections (a), (b), and 
(c) to the National Security Agency and the National Imagery 
and Mapping Agency.
  (e) Combat Support Capabilities of [DIA and NSA] DIA, NSA, 
and NIMA.--The Secretary of Defense, in consultation with the 
Director of Central Intelligence, shall develop and implement, 
as they may determine to be necessary, policies and programs to 
correct such deficiencies as the Chairman of the Joint Chiefs 
of Staff and other officials of the Department of Defense may 
identify in the capabilities of the Defense Intelligence Agency 
[and the National Security Agency], the National Security 
Agency, and the National Imagery and Mapping Agency to 
accomplish assigned missions in support of military combat 
operations.
  (f) Definition of Combat Support Agency.--In this section, 
the term ``combat support agency'' means any of the following 
Defense Agencies:
          (1) * * *
          * * * * * * *
          [(4) The Defense Mapping Agency.]
          (4) The National Imagery and Mapping Agency.
          * * * * * * *

          SUBCHAPTER II--MISCELLANEOUS DEFENSE AGENCY MATTERS

Sec.
[201. Consultation regarding appointment of certain intelligence 
          officials.]
201. Consultation regarding appointment of heads of certain intelligence 
          components.
     * * * * * * *

[Sec. 201. Consultation regarding appointment of certain intelligence 
                    officials

  [Before submitting a recommendation to the President 
regarding the appointment of an individual to the position of 
Director of the Defense Intelligence Agency or Director of the 
National Security Agency, the Secretary of Defense shall 
consult with the Director of Central Intelligence regarding the 
recommendation.]

Sec. 201. Consultation regarding appointment of heads of certain 
                    intelligence components

  Before submitting a recommendation to the President regarding 
the appointment of an individual to the position of Director of 
the National Security Agency, Director of the Defense 
Intelligence Agency, Director of the National Reconnaissance 
Office, or Director of the National Imagery and Mapping Agency, 
the Secretary of Defense shall consult with the Director of 
Central Intelligence regarding the recommendation.
          * * * * * * *

            CHAPTER 22--NATIONAL IMAGERY AND MAPPING AGENCY

Subchapter                                                          Sec.
I. Missions and Authority.........................................   441
II. Maps, Charts, and Geodetic Products...........................   451
III. Personnel Management.........................................   461
IV. Definitions...................................................   467

                  SUBCHAPTER I--MISSIONS AND AUTHORITY

Sec.
441. Establishment.
442. Missions.
443. Imagery intelligence and geospatial information: support for 
          foreign countries
444. Support from Central Intelligence Agency.
445. Protection of agency identifications and organizational 
          information.

Sec. 441. Establishment

  (a) Establishment.--The National Imagery and Mapping Agency 
is a combat support agency of the Department of Defense and has 
significant national missions.
  (b) Director.--(1) The Director of the National Imagery and 
Mapping Agency is the head of the agency. The Director carries 
out the Director's functions subject to the authority, 
direction, and control of the Secretary of Defense.
  (2) If an officer of the armed forces on active duty is 
appointed to the position of Director, the position shall be 
treated as having been designated by the President as a 
position of importance and responsibility for purposes of 
section 601 of this title and shall carry the grade of 
lieutenant general, or, in the case of an officer of the Navy, 
vice admiral.
  (c) Director of Central Intelligence Collection Tasking 
Authority.--Unless otherwise directed by the President, the 
Director of Central Intelligence may (except as otherwise 
agreed by the Director and the Secretary of Defense)--
          (1) approve collection requirements levied on 
        national imagery collection assets;
          (2) determine priorities for such requirements; and
          (3) resolve conflicts in such priorities.

Sec. 442. Missions

  (a) National Security Missions.--(1) The Director of the 
National Imagery and Mapping Agency shall, in support of the 
national security objectives of the United States, provide the 
following:
          (A) Imagery.
          (B) Imagery intelligence.
          (C) Geospatial information.
  (2) In carrying out paragraph (1), the Director shall ensure 
that the information and intelligence provided is timely, 
relevant, and accurate.
  (b) Navigation Information.--The Director of the National 
Imagery and Mapping Agency shall improve means of navigating 
vessels of the Navy and the merchant marine by providing, under 
the authority of the Secretary of Defense, accurate and 
inexpensive nautical charts, sailing directions, books on 
navigation, and manuals of instructions for the use of all 
vessels of the United States and of navigators generally.
  (c) Maps, Charts, Etc.--The Director of the National Imagery 
and Mapping Agency shall prepare and distribute maps, charts, 
books, and geodetic products as authorized under subchapter II 
of this chapter.
  (d) National Missions.--The National Imagery and Mapping 
Agency also has national missions as specified in section 
120(a) of the National Security Act of 1947.
  (e) Systems.--The Director of the Agency may, in furtherance 
of a mission of the Agency, design, develop, deploy, operate, 
and maintain systems related to the processing and 
dissemination of imagery intelligence and geospatial 
information that may be transferred to, accepted or used by, or 
used on behalf of--
          (1) the armed forces, including any combatant 
        command, component of a combatant command, joint task 
        force, or tactical unit; or
          (2) any other department or agency of the United 
        States.

Sec. 443. Imagery intelligence and geospatial information: support for 
                    foreign countries

  (a) Use of Appropriated Funds.--The Director of the National 
Imagery and Mapping Agency may use appropriated funds available 
to that Agency to provide foreign countries with imagery 
intelligence and geospatial information support.
  (b) Funds Other Than Appropriated Funds.--The Director may 
use funds other than appropriated funds to provide foreign 
countries with imagery intelligence and geospatial information 
support, notwithstanding provisions of law relating to the 
expenditure of funds of the United States, except that--
          (1) no such funds may be expended, in whole or in 
        part, by or for the benefit of the National Imagery and 
        Mapping Agency for a purpose for which Congress had 
        previously denied funds.
          (2) proceeds from the sale of imagery intelligence or 
        geospatial information items may be used only to 
        purchase replacement items similar to the items that 
        are sold; and
          (3) the authority provided by this subsection may not 
        be used to acquire items or services for the principal 
        benefit of the United States.
  (c) Accommodation Procurements.--The authority under this 
section may be exercised to conduct accommodation procurements 
on behalf of foreign countries.
  (d) Coordination With Director of Central Intelligence.--The 
Director of the Agency shall coordinate with the Director of 
Central Intelligence any action under this section that 
involves imagery intelligence or intelligence products or 
involves providing support to an intelligence or security 
service of a foreign country.

Sec. 444. Support from Central Intelligence Agency

  (a) Support Authorized.--The Director of Central Intelligence 
may provide support in accordance with this section to the 
Director of the National Imagery and Mapping Agency. The 
Director of the National Imagery and Mapping Agency may accept 
support provided under this section.
  (b) Administrative and Contract Services.--(1) In furtherance 
of the national intelligence effort, the Director of Central 
Intelligence may provide administrative and contract services 
to the National Imagery and Mapping Agency as if that agency 
were an organizational element of the Central Intelligence 
Agency.
  (2) Services provided under paragraph (1) may include the 
services of security police. For purposes of section 15 of the 
Central Intelligence Agency Act of 1949 (50 U.S.C. 403o), an 
installation of the National Imagery and Mapping Agency that is 
provided security police services under this section shall be 
considered an installation of the Central Intelligence Agency.
  (3) Support provided under this subsection shall be provided 
under terms and conditions agreed upon by the Secretary of 
Defense and the Director of Central Intelligence.
  (c) Detail of Personnel.--The Director of Central 
Intelligence may detail personnel of the Central Intelligence 
Agency indefinitely to the National Imagery and Mapping Agency 
without regard to any limitation on the duration of interagency 
details of Federal Government personnel.
  (d) Reimbursable or Nonreimbursable Support.--Support under 
this section may be provided and accepted on either a 
reimbursable basis or a nonreimbursable basis.
  (e) Authority To Transfer Funds.--(1) The Director of the 
National Imagery and Mapping Agency may transfer funds 
available for that agency to the Director of Central 
Intelligence for the Central Intelligence Agency.
  (2) The Director of Central Intelligence--
          (A) may accept funds transferred under paragraph (1); 
        and
          (B) shall expend such funds, in accordance with the 
        Central Intelligence Agency Act of 1949 (50 U.S.C. 403a 
        et seq.), to provide administrative and contract 
        services or detail personnel to the National Imagery 
        and Mapping Agency under this section.

Sec. 445. Protection of agency identifications and organizational 
                    information

  (a) Unauthorized Use of Agency Name, Initials, or Seal.--(1) 
Except with the written permission of the Secretary of Defense, 
no person may knowingly use, in connection with any 
merchandise, retail product, impersonation, solicitation, or 
commercial activity in a manner reasonably calculated to convey 
the impression that such use is approved, endorsed, or 
authorized by the Secretary of Defense, any of the following:
          (A) The words ``National Imagery and Mapping 
        Agency'', the initials ``NIMA'', or the seal of the 
        National Imagery and Mapping Agency.
          (B) The words ``Defense Mapping Agency'', the 
        initials ``DMA'', or the seal of the Defense Mapping 
        Agency.
          (C) Any colorable imitation of such words, initials, 
        or seals.
  (2) Whenever it appears to the Attorney General that any 
person is engaged or about to engage in an act or practice 
which constitutes or will constitute conduct prohibited by 
paragraph (1), the Attorney General may initiate a civil 
proceeding in a district court of the United States to enjoin 
such act or practice. Such court shall proceed as soon as 
practicable to a hearing and determination of such action and 
may, at any time before such final determination, enter such 
restraining orders or prohibitions, or take such other action 
as is warranted, to prevent injury to the United States or to 
any person or class of persons for whose protection the action 
is brought.
  (b) Protection of Organizational Information.--
Notwithstanding any other provision of law, the Director of the 
National Imagery and Mapping Agency is not required to disclose 
the organization of the agency, any function of the agency, any 
information with respect to the activities of the agency, or 
the names, titles, salaries, or number of the persons employed 
by the agency. This subsection does not apply to disclosures of 
information to Congress.

           SUBCHAPTER II--MAPS, CHARTS, AND GEODETIC PRODUCTS

Sec.
451. Maps, charts, and books.
452. Pilot charts.
453. Prices of maps, charts, and navigational publications.
454. Exchange of mapping, charting, and geodetic data with foreign 
          countries and international organizations
455. Maps, charts, and geodetic data: public availability; exceptions.
456. Civil actions barred.

Sec. 451. Maps, charts, and books

  The Secretary of Defense may--
          (1) have the National Imagery and Mapping Agency 
        prepare maps, charts, and nautical books required in 
        navigation and have those materials published and 
        furnished to navigators; and
          (2) buy the plates and copyrights of existing maps, 
        charts, books on navigation, and sailing directions and 
        instructions.

Sec. 452. Pilot charts

  (a) There shall be conspicuously printed on pilot charts 
prepared in the National Imagery and Mapping Agency the 
following: ``Prepared from data furnished by the National 
Imagery and Mapping Agency of the Department of Defense and by 
the Department of Commerce, and published at the National 
Imagery and Mapping Agency under the authority of the Secretary 
of Defense''.
  (b) The Secretary of Commerce shall furnish to the National 
Imagery and Mapping Agency, as quickly as possible, all 
meteorological information received by the Secretary that is 
necessary for, and of the character used in, preparing pilot 
charts.

Sec. 453. Prices of maps, charts, and navigational publications

  All maps, charts, and other publications offered for sale by 
the National Imagery and Mapping Agency shall be sold at prices 
and under regulations that may be prescribed by the Secretary 
of Defense.

Sec. 454. Exchange of mapping, charting, and geodetic data with foreign 
                    countries and international organizations

  The Secretary of Defense may authorize the National Imagery 
and Mapping Agency to exchange or furnish mapping, charting, 
and geodetic data, supplies and services to a foreign country 
or international organization pursuant to an agreement for the 
production or exchange of such data.

Sec. 455. Maps, charts, and geodetic data: public availability; 
                    exceptions

  (a) The National Imagery and Mapping Agency shall offer for 
sale maps and charts at scales of 1:500,000 and smaller, except 
those withheld in accordance with subsection (b) or those 
specifically authorized under criteria established by Executive 
order to be kept secret in the interest of national defense or 
foreign policy and in fact properly classified pursuant to such 
Executive order.
  (b)(1) Notwithstanding any other provision of law, the 
Secretary of Defense may withhold from public disclosure any 
geodetic product in the possession of, or under the control of, 
the Department of Defense--
          (A) that was obtained or produced, or that contains 
        information that was provided, pursuant to an 
        international agreement that restricts disclosure of 
        such product or information to government officials of 
        the agreeing parties or that restricts use of such 
        product or information to government purposes only;
          (B) that contains information that the Secretary of 
        Defense has determined in writing would, if disclosed, 
        reveal sources and methods used to obtain source 
        material for production of the geodetic product; or
          (C) that contains information that the Director of 
        the National Imagery and Mapping Agency has determined 
        in writing would, if disclosed, jeopardize or interfere 
        with ongoing military or intelligence operations or 
        reveal military operational or contingency plans.
  (2) In this subsection, the term ``geodetic product'' means 
any map, chart, geodetic data, or related product.
  (c)(1) Regulations to implement this section (including any 
amendments to such regulations) shall be published in the 
Federal Register for public comment for a period of not less 
than 30 days before they take effect.
  (2) Regulations under this section shall address the 
conditions under which release of geodetic products authorized 
under subsection (b) to be withheld from public disclosure 
would be appropriate--
          (A) in the case of allies of the United States; and
          (B) in the case of qualified United States 
        contractors (including contractors that are small 
        business concerns) who need such products for use in 
        the performance of contracts with the United States.

Sec. 456. Civil actions barred

  (a) Claims Barred.--No civil action may be brought against 
the United States on the basis of the content of a navigational 
aid prepared or disseminated by the National Imagery and 
Mapping Agency.
  (b) Navigational Aids Covered.--Subsection (a) applies with 
respect to a navigational aid in the form of a map, a chart, or 
a publication and any other form or medium of product or 
information in which the National Imagery and Mapping Agency 
prepares or disseminates navigational aids.

                  SUBCHAPTER III--PERSONNEL MANAGEMENT

Sec.
461. Management rights.

Sec. 461. Management rights

  (a) Scope.--If there is no obligation under the provisions of 
chapter 71 of title 5 for the head of an agency of the United 
States to consult or negotiate with a labor organization on a 
particular matter by reason of that matter being covered by a 
provision of law or a Governmentwide regulation, the Director 
of the National Imagery and Mapping Agency is not obligated to 
consult or negotiate with a labor organization on that matter 
even if that provision of law or regulation is inapplicable to 
the National Imagery and Mapping Agency.
  (b) Bargaining Units.--The National Imagery and Mapping 
Agency shall accord exclusive recognition to a labor 
organization under section 7111 of title 5 only for a 
bargaining unit that was recognized as appropriate for the 
Defense Mapping Agency on the day before the date on which 
employees and positions of the Defense Mapping Agency in that 
bargaining unit became employees and positions of the National 
Imagery and Mapping Agency under the Intelligence Community 
Act.
  (c) Termination of Bargaining Unit Coverage of Position 
Modified To Affect National Security Directly.--(1) If the 
Director of the National Imagery and Mapping Agency determines 
that the responsibilities of a position within a collective 
bargaining unit should be modified to include intelligence, 
counterintelligence, investigative, or security duties not 
previously assigned to that position and that the performance 
of the newly assigned duties directly affects the national 
security of the United States, then, upon such a modification 
of the responsibilities of that position, the position shall 
cease to be covered by the collective bargaining unit and the 
employee in that position shall cease to be entitled to 
representation by a labor organization accorded exclusive 
recognition for that collective bargaining unit.
  (2) A determination described in paragraph (1) that is made 
by the Director of the National Imagery and Mapping Agency may 
not be reviewed by the Federal Labor Relations Authority or any 
court of the United States.

                       SUBCHAPTER IV--DEFINITIONS

Sec.
467. Definitions.

Sec. 467. Definitions

  In this chapter:
          (1) The term ``function'' means any duty, obligation, 
        responsibility, privilege, activity, or program.
          (2)(A) The term ``imagery'' means, except as provided 
        in subparagraph (B), a likeness or presentation of any 
        natural or manmade feature or related object or 
        activity and the positional data acquired at the same 
        time the likeness or representation was acquired, 
        including--
                  (i) products produced by space-based national 
                intelligence reconnaissance systems; and
                  (ii) likenesses or presentations produced by 
                satellites, airborne platforms, unmanned aerial 
                vehicles, or other similar means.
          (B) Such term does not include handheld or 
        clandestine photography taken by or on behalf of human 
        intelligence collection organizations.
          (3) The term ``imagery intelligence'' means the 
        technical, geographic, and intelligence information 
        derived through the interpretation or analysis of 
        imagery and collateral materials.
          (4) The term ``geospatial information'' means 
        information that identifies the geographic location and 
        characteristics of natural or constructed features and 
        boundaries on the earth and includes--
                  (A) statistical data and information derived 
                from, among other things, remote sensing, 
                mapping, and surveying technologies;
                  (B) mapping, charting, and geodetic data; and
                  (C) geodetic products, as defined in section 
                455(c) of this title.
          * * * * * * *

           CHAPTER [22] 23--MISCELLANEOUS STUDIES AND REPORTS

Sec.
[451] 481. Racial and ethnic issues; biennial survey; biennial report.
[452] 482. Quarterly readiness reports.

[Sec. 451.] Sec. 481. Racial and ethnic issues; biennial survey; 
                    biennial report

  (a) Biennial Survey.--The Secretary of Defense shall carry 
out a biennial survey to measure the state of racial and ethnic 
issues and discrimination among members of the armed forces 
serving on active duty. The survey shall solicit information on 
the race relations climate in the armed forces, including--
          (1) indicators of positive and negative trends of 
        relations between all racial and ethnic groups;
          (2) the effectiveness of Department of Defense 
        policies designed to improve race and ethnic relations; 
        and
          (3) the effectiveness of current processes for 
        complaints on and investigations into racial and ethnic 
        discrimination.
  (b) Implementing Entity.--The Secretary shall carry out each 
biennial survey through the entity in the Department of Defense 
known as the Armed Forces Survey on Race/Ethnic Issues.
  (c) Reports to Congress.--Upon completion of each biennial 
survey under subsection (a), the Secretary shall submit to 
Congress a report containing the results of the survey.

[Sec. 452.] Sec. 482. Quarterly readiness reports

  (a) Requirement.--Not later than 30 days after the end of 
each calendar-year quarter, the Secretary of Defense shall 
submit to the Committee on Armed Services of the Senate and the 
Committee on National Security of the House of Representatives 
a report on military readiness. The report for any quarter 
shall be based on assessments that are provided during that 
quarter--
          (1) to any council, committee, or other body of the 
        Department of Defense (A) that has responsibility for 
        readiness oversight, and (B) the membership of which 
        includes at least one civilian officer in the Office of 
        the Secretary of Defense at the level of Assistant 
        Secretary of Defense or higher;
          (2) by senior civilian and military officers of the 
        military departments and the commanders of the unified 
        and specified commands; and
          (3) as part of any regularly established process of 
        periodic readiness reviews for the Department of 
        Defense as a whole.
  (b) Matters To Be Included.--Each such report shall--
          (1) specifically describe identified readiness 
        problems or deficiencies and planned remedial actions; 
        and
          (2) include the key indicators and other relevant 
        data related to the identified problem or deficiency.
  (c) Classification of Reports.--Reports under this section 
shall be submitted in unclassified form and may, as the 
Secretary determines necessary, also be submitted in classified 
form.
          * * * * * * *

                           PART II--PERSONNEL

          * * * * * * *
Chap.                                                               Sec.
      Enlistments....................................................501
     * * * * * * *
      [Defense Intelligence Agency and Central Imagery Office Civilian  
        Personnel..................................................1601]
      Civilian Defense Intelligence Employees.......................1601
          * * * * * * *

                     CHAPTER 81--CIVILIAN EMPLOYEES

Sec.
1581.  Foreign National Employees Separation Pay Account.
     * * * * * * *
[1590.  Management of civilian intelligence personnel of the military 
          departments.]
     * * * * * * *
[1599.  Postemployment assistance: certain terminated intelligence 
          employees.]
     * * * * * * *

[Sec. 1590. Management of civilian intelligence personnel of the 
                    military departments

  [(a) The Secretary of Defense may, without regard to the 
provisions of any other law relating to the number, 
classification, or compensation of employees--
          [(1) establish such positions, including positions in 
        the Senior Executive Service, for civilian intelligence 
        officers and employees of the military departments as 
        may be necessary to carry out the intelligence 
        functions of such departments, except that the total 
        number of positions in the Senior Executive Service 
        established pursuant to this section may not exceed 
        one-half of one percent of the total number of all 
        civilian intelligence positions established pursuant to 
        this section;
          [(2) appoint individuals to such positions; and
          [(3) fix the compensation of such individuals for 
        service in such positions.
  [(b) The Secretary of Defense shall, subject to subsection 
(c), fix the rates of basic pay for positions established under 
subsection (a) in relation to the rates of basic pay provided 
in the General Schedule under section 5332 of title 5 for 
positions subject to such Schedule which have corresponding 
levels of duties and responsibilities. The Secretary shall also 
fix rates of pay for positions in the Senior Executive Service 
established pursuant to this section that are not in excess of 
the maximum rate or less than the minimum rate of basic pay 
established pursuant to section 5382 of title 5. Except in the 
case of a civilian intelligence officer or employee of a 
military department serving as a member of the Senior Executive 
Service of a military department, no civilian intelligence 
officer or employee of a military department may be paid basic 
pay at a rate in excess of the highest rate of basic pay 
payable under such General Schedule.
  [(c) The Secretary of Defense is authorized, consistent with 
section 5341 of title 5, to adopt such provisions of such title 
as provide for prevailing rate systems of basic pay and to 
apply such provisions to positions for civilian intelligence 
officers or employees in or under which the military 
departments may employ individuals described by section 
5342(a)(2)(A) of such title.
  [(d) In addition to the basic pay payable under subsection 
(b), civilian intelligence officers and employees of the 
military departments who are citizens or nationals of the 
United States and who are stationed outside the continental 
United States or in Alaska may be paid allowances, in 
accordance with regulations prescribed by the Secretary of 
Defense, not in excess of an allowance authorized to be paid by 
section 5941(a) of title 5 for employees whose rates of basic 
pay are fixed by statute. Such allowances shall be based on--
          [(1) living costs substantially higher than in the 
        District of Columbia;
          [(2) conditions of environment which differ 
        substantially from conditions of environment in the 
        continental United States and warrant an allowance as a 
        recruitment incentive; or
          [(3) both of the factors described in paragraphs (1) 
        and (2).
  [(e)(1) Notwithstanding any other provision of law, the 
Secretary of Defense may terminate the employment of any 
civilian intelligence officer or employee of a military 
department whenever he considers that action to be in the 
interests of the United States and he determines that the 
procedures prescribed in other provisions of law that authorize 
the termination of the employment of such officer or employee 
cannot be invoked in a manner consistent with the national 
security. The decisions of the Secretary under this paragraph 
are final and may not be appealed or reviewed outside the 
Department of Defense. The Secretary of Defense shall promptly 
notify the Permanent Select Committee on Intelligence of the 
House of Representatives and the Select Committee on 
Intelligence of the Senate whenever this termination authority 
is exercised.
  [(2) Any termination of employment under this subsection 
shall not affect the right of the officer or employee involved 
to seek or accept employment with any other department or 
agency of the United States if he is declared eligible for such 
employment by the Director of the Office of Personnel 
Management.
  [(3) The Secretary of Defense may delegate authority under 
this subsection only to the Deputy Secretary of Defense or the 
Secretary concerned or both. An action to terminate any 
civilian intelligence officer or employee of a military 
department by either such officer shall be appealable to the 
Secretary of Defense.
  [(f) With regard to any position in the Senior Executive 
Service which may be established pursuant to this section, the 
Secretary of Defense shall prescribe regulations to implement 
this section which are consistent with the requirements set 
forth in sections 3131, 3132(a)(2), 3393a, 3396(c), 3592, 
3595(a), 5384, and 6304, subsections (a), (b), and (c) of 
section 7543 (except that any hearing or appeal to which a 
member of the Senior Executive Service is entitled shall be 
held or decided pursuant to regulations issued by the 
Secretary), and subchapter II of chapter 43 of title 5. The 
Secretary of Defense shall also prescribe, to the extent 
practicable, regulations to implement such other provisions of 
title 5 as apply to members of the Senior Executive Service or 
to individuals applying for positions in the Senior Executive 
Service.
  [(g) The President, based on the recommendations of the 
Secretary of Defense, may award a rank referred to in section 
4507 of title 5 to members of the Senior Executive Service 
whose positions may be established pursuant to this section. 
The awarding of such a rank shall be made in a manner 
consistent with the provisions of that section.]
          * * * * * * *

Sec. 1593. Uniform allowance: civilian employees

  (a) Allowance Authorized.--(1) * * *
          * * * * * * *
  (3) This subsection shall not apply with respect to a 
civilian employee of the Defense Intelligence Agency who is 
entitled to an allowance under section [1606] 1622 of this 
title.
          * * * * * * *

Sec. 1596. Foreign language proficiency: special pay

  (a) * * *
          * * * * * * *
  (c) Special pay under this section may be paid in addition to 
any compensation authorized under section [1604(b)] 1602 of 
this title for which an officer or employee is eligible.
          * * * * * * *

  [CHAPTER 83--DEFENSE INTELLIGENCE AGENCY AND CENTRAL IMAGERY OFFICE 
                          CIVILIAN PERSONNEL]

          CHAPTER 83--CIVILIAN DEFENSE INTELLIGENCE EMPLOYEES

[Sec.
[1601.  Defense Intelligence Senior Executive Service.
[1602.  Defense Intelligence Agency merit pay system.
[1603.  Limit on pay.
[1604.  Civilian personnel management.
[1605.  Benefits for certain employees of the Defense Intelligence 
          Agency.
[1606.  Uniform allowance: civilian employees.
[1608.  Financial assistance to certain employees in acquisition of 
          critical skills.]

Subchapter                                                          Sec.
I. Defense-Wide Intelligence Personnel Policy.....................  1601
II. Defense Intelligence Agency Personnel.........................  1621

        SUBCHAPTER I--DEFENSE-WIDE INTELLIGENCE PERSONNEL POLICY

Sec.
1601. Civilian intelligence personnel: general authority to establish 
          excepted positions, appoint personnel, and fix rates of pay.
1602. Basic pay.
1603. Additional compensation, incentives, and allowances.
1605. Benefits for certain employees assigned outside the United States.
1606. Defense Intelligence Senior Executive Service.
1607. Intelligence Senior Level positions.
1608. Time-limited appointments.
1609. Termination of defense intelligence employees.
1610. Reductions and other adjustments in force.
1611. Postemployment assistance: certain terminated intelligence 
          employees.
1612. Merit system principles and civil service protections: 
          applicability.
1613. Miscellaneous provisions.
1614. Definitions.

[Sec. 1601. Defense Intelligence Senior Executive Service

  [(a) The Secretary of Defense may by regulation establish a  
personnel system  for senior civilian personnel within the 
Defense Intelligence Agency and the Central Imagery Office to 
be known as the Defense Intelligence Senior Executive Service. 
The regulations establishing the Defense Intelligence Senior 
Executive Service shall--
          [(1) meet the requirements set forth in section 3131 
        of title 5 for the Senior Executive Service;
          [(2) provide that positions in the Defense 
        Intelligence Senior Executive Service meet requirements 
        that are consistent with the provisions of section 
        3132(a)(2) of title 5;
          [(3) provide rates of pay for the Defense 
        Intelligence Senior Executive Service that are not in 
        excess of the maximum rate or less than the minimum 
        rate of basic pay established for the Senior Executive 
        Service under section 5382 of title 5, and that are 
        adjusted at the same time and to the same extent as 
        rates of basic pay for the Senior Executive Service are 
        adjusted;
          [(4) provide a performance appraisal system for the 
        Defense Intelligence Senior Executive Service that 
        conforms to the provisions of subchapter II of chapter 
        43 of title 5;
          [(5) provide for removal consistent with section 3592 
        of such title, and removal or suspension consistent 
        with subsections (a), (b), and (c) of section 7543 of 
        title 5 (except that any hearing or appeal to which a 
        member of the Defense Intelligence Senior Executive 
        Service is entitled shall be held or decided pursuant 
        to procedures established by regulations of the 
        Secretary of Defense);
          [(6) permit the payment of performance awards to 
        members of the Defense Intelligence Senior Executive 
        Service consistent with the provisions applicable to 
        performance awards under section 5384 of title 5;
          [(7) provide that members of the Defense Intelligence 
        Senior Executive Service may be granted sabbatical 
        leaves consistent with the provisions of section 
        3396(c) of title 5; and
          [(8) provide for the recertification of members of 
        the Defense Intelligence Senior Executive Service 
        consistent with the provisions of section 3393a of 
        title 5.
  [(b) Except as otherwise provided in subsection (a), the 
Secretary of Defense may--
          [(1) make applicable to the Defense Intelligence 
        Senior Executive Service any of the provisions of title 
        5 applicable to applicants for or members of the Senior 
        Executive Service; and
          [(2) appoint, promote, and assign individuals to 
        positions established within the Defense Intelligence 
        Senior Executive Service without regard to the 
        provisions of title 5 governing appointments and other 
        personnel actions in the competitive service.
  [(c) The President, based on the recommendations of the 
Secretary of Defense, may award ranks to members of the Defense 
Intelligence Senior Executive Service in a manner consistent 
with the provisions of section 4507 of title 5.
  [(d) Notwithstanding any other provision of this section, the 
Secretary of Defense may detail or assign any member of the 
Defense Intelligence Senior Executive Service to serve in a 
position outside the Defense Intelligence Agency or the Central 
Imagery Office in which the member's expertise and experience 
may be of benefit to the Defense Intelligence Agency, the 
Central Imagery Office, or another Government agency. Any such 
member shall not by reason of such detail or assignment lose 
any entitlement or status associated with membership in the 
Defense Intelligence Senior Executive Service.
  [(e) The Secretary of Defense shall each year submit to the 
Permanent Select Committee on Intelligence of the House of 
Representatives and the Select Committee on Intelligence of the 
Senate, at the time the Budget is submitted by the President to 
the Congress for the next fiscal year, a report on the 
executive personnel in the Defense Intelligence Agency and the 
Central Imagery Office. The report shall include--
          [(1) the total number of positions added to or 
        deleted from the Defense Intelligence Senior Executive 
        Service during the preceding fiscal year;
          [(2) the number of executive personnel (including all 
        members of the Defense Intelligence Senior Executive 
        Service) being paid at each grade level and pay rate in 
        effect at the end of the preceding fiscal year;
          [(3) the number, distribution, and amount of awards 
        paid to members of the Defense Intelligence Senior 
        Executive Service during the preceding fiscal year; and
          [(4) the number of individuals removed from the 
        Defense Intelligence Senior Executive Service during 
        the preceding fiscal year for less than fully 
        successful performance.

[Sec. 1603. Limit on pay

  [Nothing in sections 1601 and 1602 of this title shall be 
construed to allow the aggregate amount payable to a member of 
the Defense Intelligence Senior Executive Service under those 
sections during any fiscal year to exceed the annual rate 
payable for positions at level I of the Executive Schedule in 
effect at the end of such year.

[Sec. 1604. Civilian personnel management

  [(a) General Personnel Authority.--The Secretary of Defense 
may, without regard to the provisions of any other law relating 
to the number, classification, or compensation of Federal 
employees--
          [(1) establish such positions for employees in the 
        Defense Intelligence Agency and the Central Imagery 
        Office as the Secretary considers necessary to carry 
        out the functions of that Agency and Office, including 
        positions designated under subsection (f) as Defense 
        Intelligence Senior Level positions;
          [(2) appoint individuals to those positions; and
          [(3) fix the compensation for service in those 
        positions.
  [(b) Authority To Fix Rates of Basic Pay; Other Allowances 
and Benefits.--(1) The Secretary of Defense shall, subject to 
subsection (c), fix the rates of basic pay for positions 
established under subsection (a) in relation to the rates of 
basic pay provided in subpart D of part III of title 5 for 
positions subject to that title which have corresponding levels 
of duties and responsibilities. Except as otherwise provided by 
law, an employee of the Defense Intelligence Agency or the 
Central Imagery Office may not be paid basic pay at a rate in 
excess of the maximum rate payable under section 5376 of title 
5.
  [(2) The Secretary of Defense may provide employees of the 
Defense Intelligence Agency and the Central Imagery Office 
compensation (in addition to basic pay under paragraph (1)) and 
benefits, incentives, and allowances consistent with, and not 
in excess of the levels authorized for, comparable positions 
authorized by title 5.
  [(c) Prevailing Rates Systems.--The Secretary of Defense may, 
consistent with section 5341 of title 5, adopt such provisions 
of that title as provide for prevailing rate systems of basic 
pay and may apply those provisions to positions in or under 
which the Defense Intelligence Agency or the Central Imagery 
Office may employ individuals described by section 
5342(a)(2)(A) of such title.
  [(d) Allowances Based on Living Costs and Environment for 
Employees Stationed Outside Continental United States or in 
Alaska.--(1) In addition to the basic compensation payable 
under subsection (b), employees of the Defense Intelligence 
Agency and the Central Imagery Office described in paragraph 
(3) may be paid an allowance, in accordance with regulations 
prescribed by the Secretary of Defense, at a rate not in excess 
of the allowance authorized to be paid under section 5941(a) of 
title 5 for employees whose rates of basic pay are fixed by 
statute.
  [(2) Such allowance shall be based on--
          [(A) living costs substantially higher than in the 
        District of Columbia;
          [(B) conditions of environment which--
                  [(i) differ substantially from conditions of 
                environment in the continental United States; 
                and
                  [(ii) warrant an allowance as a recruitment 
                incentive; or
          [(C) both of those factors.
  [(3) This subsection applies to employees who--
          [(A) are citizens or nationals of the United States; 
        and
          [(B) are stationed outside the continental United 
        States or in Alaska.
  [(e) Termination of Employees.--(1) Notwithstanding any other 
provision of law, the Secretary of Defense may terminate the 
employment of any employee of the Defense Intelligence Agency 
or the Central Imagery Office if the Secretary--
          [(A) considers such action to be in the interests of 
        the United States; and
          [(B) determines that the procedures prescribed in 
        other provisions of law that authorize the termination 
        of the employment of such employee cannot be invoked in 
        a manner consistent with the national security.
  [(2) A decision by the Secretary of Defense to terminate the 
employment of an employee under this subsection is final and 
may not be appealed or reviewed outside the Department of 
Defense.
  [(3) The Secretary of Defense shall promptly notify the 
Permanent Select Committee on Intelligence of the House of 
Representatives and the Select Committee on Intelligence of the 
Senate whenever the Secretary terminates the employment of any 
employee under the authority of this subsection.
  [(4) Any termination of employment under this subsection 
shall not affect the right of the employee involved to seek or 
accept employment with any other department or agency of the 
United States if that employee is declared eligible for such 
employment by the Director of the Office of Personnel 
Management.
  [(5) The authority of the Secretary of Defense under this 
subsection may be delegated only to the Deputy Secretary of 
Defense, the Director of the Defense Intelligence Agency (with 
respect to employees of the Defense Intelligence Agency), and 
the Director of the Central Imagery Office (with respect to 
employees of the Central Imagery Office). An action to 
terminate employment of an employee by any such officer may be 
appealed to the Secretary of Defense.
  [(f) Defense Intelligence Senior Level Positions.--(1) In 
carrying out subsection (a)(1), the Secretary may designate 
positions described in paragraph (3) as Defense Intelligence 
Senior Level positions. The total number of positions 
designated under this subsection, when combined with the total 
number of positions in the Defense Intelligence Senior 
Executive Service under section 1601 of this title, may not 
exceed the total number of positions in the Defense 
Intelligence Senior Executive Service as of June 1, 1995.
  [(2) Positions designated under this subsection shall be 
treated as equivalent for purposes of compensation to the 
senior level positions to which section 5376 of title 5 is 
applicable.
  [(3) Positions that may be designated as Defense Intelligence 
Senior Level positions are positions in the Defense 
Intelligence Agency and Central Imagery Office that (A) are 
classified above the GS-15 level, (B) emphasize functional 
expertise and advisory activity, but (C) do not have the 
organizational or program management functions necessary for 
inclusion in the Defense Intelligence Senior Executive Service.
  [(4) Positions referred to in paragraph (3) include Defense 
Intelligence Senior Technical positions and Defense 
Intelligence Senior Professional positions. For purposes of 
this subsection--
          [(A) Defense Intelligence Senior Technical positions 
        are positions covered by paragraph (3) that involve any 
        of the following:
                  [(i) Research and development.
                  [(ii) Test and evaluation.
                  [(iii) Substantive analysis, liaison, or 
                advisory activity focusing on engineering, 
                physical sciences, computer science, 
                mathematics, biology, chemistry, medicine, or 
                other closely related scientific and technical 
                fields.
                  [(iv) Intelligence disciplines including 
                production, collection, and operations in close 
                association with any of the activities 
                described in clauses (i), (ii), and (iii) or 
                related activities; and
          [(B) Defense Intelligence Senior Professional 
        positions are positions covered by paragraph (3) that 
        emphasize staff, liaison, analytical, advisory, or 
        other activity focusing on intelligence, law, finance 
        and accounting, program and budget, human resources 
        management, training, information services, logistics, 
        security, and other appropriate fields.
  [(g) ``Employee'' Defined as Including Officers.--In this 
section, the term ``employee'', with respect to the Defense 
Intelligence Agency or the Central Imagery Office, includes any 
civilian officer of that Agency or Office.]

Sec. 1601. Civilian intelligence personnel: general authority to 
                    establish excepted positions, appoint personnel, 
                    and fix rates of pay

  (a) General Authority.--The Secretary of Defense may--
          (1) establish, as positions in the excepted service, 
        such defense intelligence positions in the intelligence 
        components of the Department of Defense and the 
        military departments as the Secretary determines 
        necessary to carry out the intelligence functions of 
        those components and departments, including--
                  (A) Intelligence Senior Level positions 
                designated under section 1607 of this title; 
                and
                  (B) positions in the Defense Intelligence 
                Senior Executive Service;
          (2) appoint individuals to those positions (after 
        taking into consideration the availability of 
        preference eligibles for appointment to those 
        positions); and
          (3) fix the compensation of such individuals for 
        service in those positions.
  (b) Construction With Other Laws.--The authority of the 
Secretary of Defense under subsection (a) applies without 
regard to the provisions of any other law relating to the 
appointment, number, classification, or compensation of 
employees.

Sec. 1602. Basic pay

  (a) Authority To Fix Rates of Basic Pay.--The Secretary of 
Defense (subject to the provisions of this section) shall fix 
the rates of basic pay for positions established under section 
1601 of this title in relation to the rates of basic pay 
provided in subpart D of part III of title 5 for positions 
subject to that subpart which have corresponding levels of 
duties and responsibilities.
  (b) Maximum Rates.--A rate of basic pay fixed under 
subsection (a) for a position established under section 1601 of 
this title may not (except as otherwise provided by law) 
exceed--
          (1) in the case of a Defense Intelligence Senior 
        Executive Service position, the maximum rate provided 
        in section 5382 of title 5;
          (2) in the case of an Intelligence Senior Level 
        position, the maximum rate provided in section 5382 of 
        title 5; and
          (3) in the case of any other position, the maximum 
        rate provided in section 5306(e) of title 5.
  (c) Prevailing Rate Systems.--The Secretary of Defense may, 
consistent with section 5341 of title 5, adopt such provisions 
of that title as provide for prevailing rate systems of basic 
pay and may apply those provisions to positions for civilian 
employees in or under which the Department of Defense may 
employ individuals described by section 5342(a)(2)(A) of that 
title.

Sec. 1603. Additional compensation, incentives, and allowances

  (a) Additional Compensation Based on Title 5 Authorities.--
The Secretary of Defense may provide employees in defense 
intelligence positions compensation (in addition to basic pay), 
including benefits, incentives, and allowances, consistent 
with, and not in excess of the level authorized for, comparable 
positions authorized by title 5.
  (b) Allowances Based on Living Costs and Environment.--(1) In 
addition to basic pay, employees in defense intelligence 
positions who are citizens or nationals of the United States 
and are stationed outside the continental United States or in 
Alaska may be paid an allowance, in accordance with regulations 
prescribed by the Secretary of Defense, while they are so 
stationed.
  (2) An allowance under this subsection shall be based on--
          (A) living costs substantially higher than in the 
        District of Columbia;
          (B) conditions of environment which (i) differ 
        substantially from conditions of environment in the 
        continental United States, and (ii) warrant an 
        allowance as a recruitment incentive; or
          (C) both of the factors specified in subparagraphs 
        (A) and (B).
  (3) An allowance under this subsection may not exceed the 
allowance authorized to be paid by section 5941(a) of title 5 
for employees whose rates of basic pay are fixed by statute.

Sec. 1605. Benefits for certain employees [of the Defense Intelligence 
                    Agency] assigned outside the United States

  (a) * * *
          * * * * * * *

Sec. 1606. Defense Intelligence Senior Executive Service

  (a) Establishment.--The Secretary of Defense may establish a 
Defense Intelligence Senior Executive Service for defense 
intelligence positions established pursuant to section 1601(a) 
of this title that are equivalent to Senior Executive Service 
positions. The number of positions in the Defense Intelligence 
Senior Executive Service may not exceed the number of Defense 
Intelligence Senior Executive Service positions established as 
of January 1, 1996.
  (b) Regulations Consistent With Title 5 Provisions.--The 
Secretary of Defense shall prescribe regulations for the 
Defense Intelligence Senior Executive Service which are 
consistent with the requirements set forth in sections 3131, 
3132(a)(2), 3393a, 3396(c), 3592, 3595(a), 5384, and 6304 of 
title 5, subsections (a), (b), and (c) of section 7543 of such 
title (except that any hearing or appeal to which a member of 
the Defense Intelligence Senior Executive Service is entitled 
shall be held or decided pursuant to those regulations), and 
subchapter II of chapter 43 of such title. To the extent that 
the Secretary determines it practicable to apply to members of, 
or applicants for, the Defense Intelligence Senior Executive 
Service other provisions of title 5 that apply to members of, 
or applicants for, the Senior Executive Service, the Secretary 
shall also prescribe regulations to implement those provisions 
with respect to the Defense Intelligence Senior Executive 
Service.
  (c) Award of Rank to Members of the Defense Intelligence 
Senior Executive Service.--The President, based on the 
recommendations of the Secretary of Defense, may award a rank 
referred to in section 4507 of title 5 to members of the 
Defense Intelligence Senior Executive Service. The award of 
such rank shall be made in a manner consistent with the 
provisions of that section.

Sec. 1607. Intelligence Senior Level positions

  (a) Designation of Positions.--The Secretary of Defense may 
designate as an Intelligence Senior Level position any defense 
intelligence position that, as determined by the Secretary--
          (1) is classifiable above grade GS-15 of the General 
        Schedule;
          (2) does not satisfy functional or program management 
        criteria for being designated a Defense Intelligence 
        Senior Executive Service position; and
          (3) has no more than minimal supervisory 
        responsibilities.
  (b) Regulations.--Subsection (a) shall be carried out in 
accordance with regulations prescribed by the Secretary of 
Defense.

Sec. 1608. Time-limited appointments

  (a) Authority for Time-Limited Appointments.--The Secretary 
of Defense may by regulation authorize appointing officials to 
make time-limited appointments to defense intelligence 
positions specified in the regulations.
  (b) Review of Use of Authority.--The Secretary of Defense 
shall review each time-limited appointment in a defense 
intelligence position at the end of the first year of the 
period of the appointment and determine whether the appointment 
should be continued for the remainder of the period. The 
continuation of a time-limited appointment after the first year 
shall be subject to the approval of the Secretary.
  (c) Condition on Permanent Appointment to Defense 
Intelligence Senior Executive Service.--An employee serving in 
a defense intelligence position pursuant to a time-limited 
appointment is not eligible for a permanent appointment to a 
Defense Intelligence Senior Executive Service position 
(including a position in which the employee is serving) unless 
the employee is selected for the permanent appointment on a 
competitive basis.
  (d) Time-Limited Appointment Defined.--In this section, the 
term ``time-limited appointment'' means an appointment (subject 
to the condition in subsection (b)) for a period not to exceed 
two years.

Sec. 1609. Termination of defense intelligence employees

  (a) Termination Authority.--Notwithstanding any other 
provision of law, the Secretary of Defense may terminate the 
employment of any employee in a defense intelligence position 
if the Secretary--
          (1) considers that action to be in the interests of 
        the United States; and
          (2) determines that the procedures prescribed in 
        other provisions of law that authorize the termination 
        of the employment of such employee cannot be invoked in 
        a manner consistent with the national security.
  (b) Finality.--A decision by the Secretary of Defense to 
terminate the employment of an employee under this section is 
final and may not be appealed or reviewed outside the 
Department of Defense.
  (c) Notification to Congressional Committees.--Whenever the 
Secretary of Defense terminates the employment of an employee 
under the authority of this section, the Secretary shall 
promptly notify the congressional oversight committees of such 
termination.
  (d) Preservation of Right To Seek Other Employment.--Any 
termination of employment under this section does not affect 
the right of the employee involved to seek or accept employment 
with any other department or agency of the United States if 
that employee is declared eligible for such employment by the 
Director of the Office of Personnel Management.
  (e) Limitation on Delegation.--The authority of the Secretary 
of Defense under this section may be delegated only to the 
Deputy Secretary of Defense, the head of an intelligence 
component of the Department of Defense (with respect to 
employees of that component), or the Secretary of a military 
department (with respect to employees of that department). An 
action to terminate employment of such an employee by any such 
official may be appealed to the Secretary of Defense.

Sec. 1610. Reductions and other adjustments in force

  (a) In General.--The Secretary of Defense shall prescribe 
regulations for the separation of employees in defense 
intelligence positions, including members of the Defense 
Intelligence Senior Executive Service and employees in 
Intelligence Senior Level positions, during a reduction in 
force or other adjustment in force. The regulations shall apply 
to such a reduction in force or other adjustment in force 
notwithstanding sections 3501(b) and 3502 of title 5.
  (b) Matters To Be Given Effect.--The regulations shall give 
effect to the following:
          (1) Tenure of employment.
          (2) Military preference, subject to sections 
        3501(a)(3) and 3502(b) of title 5.
          (3) The veteran's preference under section 3502(b) of 
        title 5.
          (4) Performance.
          (5) Length of service computed in accordance with the 
        second sentence of section 3502(a) of title 5.
  (c) Regulations Relating to Defense Intelligence SES.--The 
regulations relating to removal from the Defense Intelligence 
Senior Executive Service in a reduction in force or other 
adjustment in force shall be consistent with section 3595(a) of 
title 5.
  (d) Right of Appeal.--(1) The regulations shall provide a 
right of appeal regarding a personnel action under the 
regulations. The appeal shall be determined within the 
Department of Defense. An appeal determined at the highest 
level provided in the regulations shall be final and not 
subject to review outside the Department of Defense. A 
personnel action covered by the regulations is not subject to 
any other provision of law that provides appellate rights or 
procedures.
  (2) Notwithstanding paragraph (1), a preference eligible 
referred to in section 7511(a)(1)(B) of title 5 may elect to 
have an appeal of a personnel action taken against the 
preference eligible under the regulation determined by the 
Merit Systems Protection Board instead of having the appeal 
determined within the Department of Defense. Section 7701 of 
title 5 shall apply to any such appeal to the Merit Systems 
Protection Board.
  (e) Consultation With OPM.--Regulations under this section 
shall be prescribed in consultation with the Director of the 
Office of Personnel Management.

[Sec. 1599.] Sec. 1611. Postemployment assistance: certain terminated 
                    intelligence employees

  (a) Authority.--Subject to subsection (c), the Secretary of 
Defense may, in the case of any individual who is a qualified 
former intelligence employee, use appropriated funds--
          (1) to assist that individual in finding and 
        qualifying for employment other than in an intelligence 
        component of the Department of Defense;
          (2) to assist that individual in meeting the expenses 
        of treatment of medical or psychological disabilities 
        of that individual; and
          (3) to provide financial support to that individual 
        during periods of unemployment.
  (b) Qualified Former Intelligence Employees.--For purposes of 
this section, a qualified former intelligence employee is an 
individual who was employed as a civilian employee of the 
Department of Defense in a sensitive position in an 
intelligence component of the Department of Defense--
          (1) who has been found to be ineligible for continued 
        access to information designated as ``Sensitive 
        Compartmented Information'' and employment with the 
        intelligence component; or
          (2) whose employment with the intelligence component 
        has been terminated.
  (c) Conditions.--Assistance may be provided to a qualified 
former intelligence employee under subsection (a) only if the 
Secretary determines that such assistance is essential to--
          (1) maintain the judgment and emotional stability of 
        the qualified former intelligence employee; and
          (2) avoid circumstances that might lead to the 
        unlawful disclosure of classified information to which 
        the qualified former intelligence employee had access.
  (d) Duration of Assistance.--Assistance may not be provided 
under this section in the case of any individual after the end 
of the five-year period beginning on the date of the 
termination of the employment of the individual with an 
intelligence component of the Department of Defense.
  (e) Annual Report.--(1) The Secretary of Defense shall submit 
to the congressional committees specified in paragraph (2) an 
annual report with respect to any expenditure made under this 
section.
  (2) The committees referred to in paragraph (1) are the 
following:
          (A) The Committee on National Security, the Committee 
        on Appropriations, and the Permanent Select Committee 
        on Intelligence of the House of Representatives.
          (B) The Committee on Armed Services, the Committee on 
        Appropriations, and the Select Committee on 
        Intelligence of the Senate.
  (f) Definition.--In this section, the term ``intelligence 
component of the Department of Defense'' [means any of the 
following:
          [(1) The National Security Agency.
          [(2) The Defense Intelligence Agency.
          [(3) The National Reconnaissance Office.
          [(4) The Central Imagery Office.
          [(5) The intelligence components of any of the 
        military departments.] includes the National 
        Reconnaissance Office and any intelligence component of 
        a military department.

Sec. 1612. Merit system principles and civil service protections: 
                    applicability

  (a) Applicability of Merit System Principles.--Section 2301 
of title 5 shall apply to the exercise of authority under this 
subchapter (other than sections 1605 and 1611).
  (b) Civil Service Protections.--(1) If, in the case of a 
position established under authority other than section 
1601(a)(1) of this title that is reestablished as an excepted 
service position under that section, the provisions of law 
referred to in paragraph (2) applied to the person serving in 
that position immediately before the position is so 
reestablished and such provisions of law would not otherwise 
apply to the person while serving in the position as so 
reestablished, then such provisions of law shall continue to 
apply to the person with respect to service in that position 
for as long as the person continues to serve in the position 
without a break in service.
  (2) The provisions of law referred to in paragraph (1) are 
the following provisions of title 5:
          (A) Section 2302, relating to prohibited personnel 
        practices.
          (B) Chapter 75, relating to adverse actions, unless, 
        in the case of any individual employee, that employee 
        elects to have an appeal determined within the 
        Department of Defense.

Sec. 1613. Miscellaneous provisions

  (a) Collective Bargaining Agreements.--Nothing in sections 
1601 through 1604 and 1606 through 1610 may be construed to 
impair the continued effectiveness of a collective bargaining 
agreement with respect to an agency or office that is a 
successor to an agency or office covered by the agreement 
before the succession.
  (b) Notice to Congress of Regulations.--The Secretary of 
Defense shall notify Congress of any regulations prescribed to 
carry out this subchapter (other than sections 1605 and 1611). 
Such notice shall be provided by submitting a copy of the 
regulations to the congressional oversight committees not less 
than 60 days before such regulations take effect.

Sec. 1614. Definitions

  In this subchapter:
          (1) The term ``defense intelligence position'' means 
        a civilian position as an intelligence officer or 
        intelligence employee of an intelligence component of 
        the Department of Defense or of a military department.
          (2) The term ``intelligence component of the 
        Department of Defense'' means any of the following:
                  (A) The National Security Agency.
                  (B) The Defense Intelligence Agency.
                  (C) The National Imagery and Mapping Agency.
                  (D) Any other component of the Department of 
                Defense that performs intelligence functions 
                and is designated by the Secretary of Defense 
                as an intelligence component of the Department 
                of Defense.
                  (E) Any successor to a component specified 
                in, or designated pursuant to, this paragraph.
          (3) The term ``congressional oversight committees'' 
        means--
                  (A) the Committee on Armed Services and the 
                Select Committee on Intelligence of the Senate; 
                and
                  (B) the Committee on National Security and 
                the Permanent Select Committee on Intelligence 
                of the House of Representatives.
          (4) The term ``excepted service'' has the meaning 
        given such term in section 2103 of title 5.
          (5) The term ``preference eligible'' has the meaning 
        given such term in section 2108(3) of title 5.
          (6) The term ``Senior Executive Service position'' 
        has the meaning given such term in section 3132(a)(2) 
        of title 5.
          (7) The term ``collective bargaining agreement'' has 
        the meaning given such term in section 7103(8) of title 
        5.

          SUBCHAPTER II--DEFENSE INTELLIGENCE AGENCY PERSONNEL

Sec.
1621. Defense Intelligence Agency merit pay system.
1622. Uniform allowance: civilian employees.
1623. Financial assistance to certain employees in acquisition of 
          critical skills.

Sec. [1602.] 1621. Defense Intelligence Agency merit pay system

  The Secretary of Defense may by regulation establish a merit 
pay system for such employees of the Defense Intelligence 
Agency [and Central Imagery Office] as the Secretary considers 
appropriate. The merit pay system shall be designed to carry 
out purposes consistent with those set forth in section 5401 of 
title 5, as in effect on October 31, 1993.

Sec. [1606.] 1622. Uniform allowance: civilian employees

  (a) The Secretary of Defense may pay an allowance under this 
section to any civilian employee of the Defense Intelligence 
Agency who--
          (1) is assigned to a Defense Attache Office outside 
        the United States; and
          (2) is required by regulation to wear a prescribed 
        uniform in performance of official duties.
  (b) Notwithstanding section 5901(a) of title 5, the amount of 
any such allowance shall be the greater of the following:
          (1) The amount provided for employees of the 
        Department of State assigned to positions outside the 
        United States and required by regulation to wear a 
        prescribed uniform in performance of official duties.
          (2) The maximum allowance provided under section 
        1593(b) of this title.
  (c) An allowance paid under this section shall be treated in 
the same manner as is provided in subsection (c) of section 
5901 of title 5 for an allowance paid under that section.

Sec. [1608.] 1623. Financial assistance to certain employees in 
                    acquisition of critical skills

  (a) The Secretary of Defense shall establish an undergraduate 
training program with respect to civilian employees of the 
Defense Intelligence Agency that is similar in purpose, 
conditions, content, and administration to the program which 
the Secretary of Defense is authorized to establish under 
section 16 of the National Security Agency Act of 1959 (50 
U.S.C. 402 note) for civilian employees of the National 
Security Agency.
  (b) Any payments made by the Secretary to carry out the 
program required to be established by subsection (a) may be 
made in any fiscal year only to the extent that appropriated 
funds are available for that purpose.
          * * * * * * *

               PART IV--SERVICE, SUPPLY, AND PROCUREMENT

Chap.                                                               Sec.
      Planning and Coordination.....................................2201
     * * * * * * *
      Defense Mapping Agency.......................................2791]
     * * * * * * *

                  [CHAPTER 167--DEFENSE MAPPING AGENCY

[Sec.
[2791.  Establishment and duties.
[2792.  Maps, charts, and books.
[2793.  Pilot charts.
[2794.  Prices of maps, charts, and navigational publications.
[2795.  Exchange of mapping, charting, and geodetic data with foreign 
          countries and international organizations
[2796.  Maps, charts, and geodetic data: public availability; 
          exceptions.
[2797.  Unauthorized use of Defense Mapping Agency name, initials, or 
          seal.
[2798.  Civil actions barred.

[Sec. 2791. Establishment and duties

  [The Defense Mapping Agency is an agency of the Department of 
Defense. The Defense Mapping Agency shall improve means of 
navigating vessels of the Navy and the merchant marine by 
providing, under the authority of the Secretary of Defense, 
accurate and inexpensive nautical charts, sailing directions, 
books on navigation, and manuals of instructions for the use of 
all vessels of the United States and of navigators generally.

[Sec. 2792. Maps, charts, and books

  [The Secretary of Defense may--
          [(1) have the Defense Mapping Agency prepare maps, 
        charts, and nautical books required in navigation and 
        have those materials published and furnished to 
        navigators; and
          [(2) buy the plates and copyrights of existing maps, 
        charts, books on navigation, and sailing directions and 
        instructions.

[Sec. 2793. Pilot charts

  [(a) There shall be conspicuously printed on pilot charts 
prepared in the Defense Mapping Agency the following: 
``Prepared from data furnished by the Defense Mapping Agency of 
the Department of Defense and by the Department of Commerce, 
and published at the Defense Mapping Agency under the authority 
of the Secretary of Defense''.
  [(b) The Secretary of Commerce shall furnish to the Defense 
Mapping Agency, as quickly as possible, all meteorological 
information received by the Secretary that is necessary for, 
and of the character used in, preparing pilot charts.

[Sec. 2794. Prices of maps, charts, and navigational publications

  [All maps, charts, and other publications offered for sale by 
the Defense Mapping Agency shall be sold at prices and under 
regulations that may be prescribed by the Secretary of Defense.

[Sec. 2795. Exchange of mapping, charting, and geodetic data with 
                    foreign countries and international organizations.

  [The Secretary of Defense may authorize the Defense Mapping 
Agency to exchange or furnish mapping, charting, and geodetic 
data, supplies and services to a foreign country or 
international organization pursuant to an agreement for the 
production or exchange of such data.

[Sec. 2796. Maps, charts, and geodetic data: public availability; 
                    exceptions

  [(a) The Defense Mapping Agency shall offer for sale maps and 
charts at scales of 1:500,000 and smaller, except those 
withheld in accordance with subsection (b) or those 
specifically authorized under criteria established by Executive 
order to be kept secret in the interest of national defense or 
foreign policy and in fact properly classified pursuant to such 
Executive order.
  [(b)(1) Notwithstanding any other provision of law, the 
Secretary of Defense may withhold from public disclosure any 
geodetic product in the possession of, or under the control of, 
the Department of Defense--
          [(A) that was obtained or produced, or that contains 
        information that was provided, pursuant to an 
        international agreement that restricts disclosure of 
        such product or information to government officials of 
        the agreeing parties or that restricts use of such 
        product or information to government purposes only;
          [(B) that contains information that the Secretary of 
        Defense has determined in writing would, if disclosed, 
        reveal sources and methods used to obtain source 
        material for production of the geodetic product; or
          [(C) that contains information that the Director of 
        the Defense Mapping Agency has determined in writing 
        would, if disclosed, jeopardize or interfere with 
        ongoing military or intelligence operations or reveal 
        military operational or contingency plans.
  [(2) In this subsection, the term ``geodetic product'' means 
any map, chart, geodetic data, or related product.
  [(c)(1) Regulations to implement this section (including any 
amendments to such regulations) shall be published in the 
Federal Register for public comment for a period of not less 
than 30 days before they take effect.
  [(2) Regulations under this section shall address the 
conditions under which release of geodetic products authorized 
under subsection (b) to be withheld from public disclosure 
would be appropriate--
          [(A) in the case of allies of the United States; and
          [(B) in the case of qualified United States 
        contractors (including contractors that are small 
        business concerns) who need such products for use in 
        the performance of contracts with the United States.

[Sec. 2797. Unauthorized use of Defense Mapping Agency name, initials, 
                    or seal

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

[Sec. 2798. Civil actions barred

  [(a) Claims Barred.--No civil action may be brought against 
the United States on the basis of the content of a navigational 
aid prepared or disseminated by the Defense Mapping Agency.
  [(b) Navigational Aids Covered.--Subsection (a) applies with 
respect to a navigational aid in the form of a map, a chart, or 
a publication and any other form or medium of product or 
information in which the Defense Mapping Agency prepares or 
disseminates navigational aids.]
          * * * * * * *
                              ----------                              


     SECTION 207 OF THE LEGISLATIVE BRANCH APPROPRIATIONS ACT, 1993

  Sec. 207. (a)(1) None of the funds appropriated for any 
fiscal year may be obligated or expended by any entity of the 
executive branch for the procurement of any printing related to 
the production of Government publications (including printed 
forms), unless such procurement is by or through the Government 
Printing Office.
  (2) Paragraph (1) does not apply to (A) individual printing 
orders costing not more than $1,000, if the work is not of a 
continuing or repetitive nature, and, as certified by the 
Public Printer, if the work is included in a class of work 
which cannot be provided more economically through the 
Government Printing Office, (B) printing for the Central 
Intelligence Agency, the Defense Intelligence Agency, National 
Imagery and Mapping Agency, or the National Security Agency, or 
(C) printing from other sources that is specifically authorized 
by law.
          * * * * * * *
                              ----------                              


               CHAPTER 13 OF TITLE 44, UNITED STATES CODE

              CHAPTER 13--PARTICULAR REPORTS AND DOCUMENTS

Sec.
1301. Agriculture, Department of: report of Secretary.
     * * * * * * *
[1336. Naval Oceanographic Office: special publications.]
1336. National Imagery and Mapping Agency: special publications.
     * * * * * * *

[Sec. 1336. Naval Oceanographic Office: special publications]

Sec. 1336. National Imagery and Mapping Agency: special publications

  The [Secretary of the Navy] Director of the National Imagery 
and Mapping Agency may authorize the printing of notices to 
mariners, light lists, sailing directions, bulletins, and other 
special publications of the [United States Naval Oceanographic 
Office] National Imagery and Mapping Agency in editions the 
interests of the Government and of the public may require.
          * * * * * * *
                              ----------                              


                      TITLE 5, UNITED STATES CODE

          * * * * * * *

                          PART III--EMPLOYEES

                     Subpart A--General Provisions

          * * * * * * *

                  CHAPTER 23--MERIT SYSTEM PRINCIPLES

          * * * * * * *

Sec. 2302. Prohibited personnel practices

  (a)(1) For the purpose of this title, ``prohibited personnel 
practice'' means any action described in subsection (b) of this 
section.
  (2) For the purpose of this section--
          (A) * * *
          * * * * * * *
          (C) ``agency'' means an Executive agency and the 
        Government Printing Office, but does not include--
                  (i) a Government corporation, except in the 
                case of an alleged prohibited personnel 
                practice described under subsection (b)(8);
                  (ii) the Federal Bureau of Investigation, the 
                Central Intelligence Agency, the Defense 
                Intelligence Agency, the [Central Imagery 
                Office] National Imagery and Mapping Agency, 
                the National Security Agency, and, as 
                determined by the President, any Executive 
                agency or unit thereof the principal function 
                of which is the conduct of foreign intelligence 
                or counterintelligence activities; or
          * * * * * * *

Sec. 2305. Coordination with certain other provisions of law

  No provision of this chapter, or action taken under this 
chapter, shall be construed to impair the authorities and 
responsibilities set forth in [section 102 of the National 
Security Act of 1947 (61 Stat. 495; 50 U.S.C. 403),] subtitle A 
of title I of the Intelligence Community Act, the Central 
Intelligence Agency Act of 1949 (63 Stat. 208; 50 U.S.C. 403a 
and following), the Act entitled ``An Act to provide certain 
administrative authorities for the National Security Agency, 
and for other purposes'', approved May 29, 1959 (73 Stat. 63; 
50 U.S.C. 402 note), and the Act entitled ``An Act to amend the 
Internal Security Act of 1950'', approved March 26, 1964 (78 
Stat. 168; 50 U.S.C. 831-835).
          * * * * * * *

                  Subpart B--Employment and Retention

          * * * * * * *

                CHAPTER 31--THE SENIOR EXECUTIVE SERVICE

          * * * * * * *

              SUBCHAPTER II--THE SENIOR EXECUTIVE SERVICE

          * * * * * * *

Sec. 3132. Definitions and exclusions

  (a) For the purpose of this subchapter--
          (1) ``agency'' means an Executive agency, except a 
        Government corporation and the General Accounting 
        Office, but does not include--
                  (A) any agency or unit thereof excluded from 
                coverage by the President under subsection (c) 
                of this section; or
                  (B) the Federal Bureau of Investigation, the 
                Drug Enforcement Administration, the Central 
                Intelligence Agency, the Defense Intelligence 
                Agency, the [Central Imagery Office] National 
                Imagery and Mapping Agency, the National 
                Security Agency, Department of Defense 
                intelligence activities the civilian employees 
                of which are subject to section 1590 of title 
                10, and, as determined by the President, an 
                Executive agency, or unit thereof, whose 
                principal function is the conduct of foreign 
                intelligence or counterintelligence activities;
          * * * * * * *

                    Subpart C--Employee Performance

          * * * * * * *

                   CHAPTER 43--PERFORMANCE APPRAISAL

          * * * * * * *

                    SUBCHAPTER I--GENERAL PROVISIONS

Sec. 4301. Definitions

  For the purpose of this subchapter--
          (1) ``agency'' means--
                  (A) an Executive agency; and
                  (B) the Government Printing Office;
          but does not include--
                  (i) a Government corporation;
                  (ii) the Central Intelligence Agency, the 
                Defense Intelligence Agency, the [Central 
                Imagery Office] National Imagery and Mapping 
                Agency, the National Security Agency, or any 
                Executive agency or unit thereof which is 
                designated by the President and the principal 
                function of which is the conduct of foreign 
                intelligence or counterintelligence activities; 
                or
          * * * * * * *

   CHAPTER 47--PERSONNEL RESEARCH PROGRAMS AND DEMONSTRATION PROJECTS

          * * * * * * *

Sec. 4701. Definitions

  (a) For the purpose of this chapter--
          (1) ``agency'' means an Executive agency and the 
        Government Printing Office, but does not include--
                  (A) a Government corporation;
                  (B) the Federal Bureau of Investigation, the 
                Central Intelligence Agency, the Defense 
                Intelligence Agency, the [Central Imagery 
                Office] National Imagery and Mapping Agency, 
                the National Security Agency, and, as 
                determined by the President, any Executive 
                agency or unit thereof which is designated by 
                the President and which has as its principal 
                function the conduct of foreign intelligence or 
                counterintelligence activities; or
          * * * * * * *

                     Subpart D--Pay and Allowances

                       CHAPTER 51--CLASSIFICATION

          * * * * * * *

Sec. 5102. Definitions; application

  (a) For the purpose of this chapter--
          (1) ``agency'' means--
                  (A) * * *
          * * * * * * *
          but does not include--
                  (i) * * *
          * * * * * * *
                  (xi) the [Central Imagery Office] National 
                Imagery and Mapping Agency, Department of 
                Defense.
          * * * * * * *

                CHAPTER 53--EXECUTIVE SCHEDULE PAY RATES

          * * * * * * *

              SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES

          * * * * * * *

Sec. 5314. Positions at level III

  Level III of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:
          Solicitor General of the United States. * * *
          [Deputy Director of Central Intelligence] Deputy 
        Directors of Central Intelligence (2).
          * * * * * * *

                 SUBCHAPTER IV--PREVAILING RATE SYSTEMS

Sec. 5342. Definitions; application

  (a) For the purpose of this subchapter--
          (1) ``agency'' means an Executive agency; but does 
        not include--
                  (A) * * *
          * * * * * * *
                  (L) the [Central Imagery Office] National 
                Imagery and Mapping Agency, Department of 
                Defense;
          * * * * * * *

                    Subpart E--Attendance and Leave

          * * * * * * *

                CHAPTER 63--VOLUNTARY TRANSFERS OF LEAVE

          * * * * * * *

              SUBCHAPTER III--VOLUNTARY TRANSFERS OF LEAVE

          * * * * * * *

Sec. 6339. Additional leave transfer programs

  (a) For the purpose of this section--
          (1) the term ``excepted agency'' means--
                  (A) * * *
          * * * * * * *
                  (E) the [Central Imagery Office] National 
                Imagery and Mapping Agency; and
          * * * * * * *
          (2) the term ``head of an excepted agency'' means--
                  (A) * * *
          * * * * * * *
                  (E) with respect to the [Central Imagery 
                Office, the Director of the Central Imagery 
                Office] National Imagery and Mapping Agency, 
                the Director of the National Imagery and 
                Mapping Agency; and
                  (F) with respect to an Executive agency 
                designated under paragraph (1)(F), the head of 
                such Executive agency, and with respect to a 
                unit of an Executive agency designated under 
                paragraph (1)(F), such individual as the 
                President may determine.
          * * * * * * *

           Subpart F--Labor-Management and Employee Relations

                 CHAPTER 71--LABOR-MANAGEMENT RELATIONS

          * * * * * * *

                    SUBCHAPTER I--GENERAL PROVISIONS

          * * * * * * *

Sec. 7103. Definitions; application

  (a) For the purpose of this chapter--
          (1) * * *
          * * * * * * *
          (3) ``agency'' means an Executive agency (including a 
        nonappropriated fund instrumentality described in 
        section 2105(c) of this title and the Veterans' Canteen 
        Service, Department of Veterans Affairs), the Library 
        of Congress, and the Government Printing Office, but 
        does not include--
                  (A) * * *
          * * * * * * *
                  (F) the Federal Labor Relations Authority; or
                  (G) the Federal Service Impasses Panel[; or].
                  [(H) the Central Imagery Office;]
          * * * * * * *

                  SUBCHAPTER III--POLITICAL ACTIVITIES

Sec. 7323. Political activity authorized; prohibitions

  (a) Subject to the provisions of subsection (b), an employee 
may take an active part in political management or in political 
campaigns, except an employee may not--
  (b)(1) An employee of the Federal Election Commission (except 
one appointed by the President, by and with the advice and 
consent of the Senate), may not request or receive from, or 
give to, an employee, a Member of Congress, or an officer of a 
uniformed service a political contribution.
  (2)(A) No employee described under subparagraph (B) (except 
one appointed by the President, by and with the advice and 
consent of the Senate), may take an active part in political 
management or political campaigns.
  (B) The provisions of subparagraph (A) shall apply to--
          (i) an employee of--
                  (I) * * *
          * * * * * * *
                  (XIII) the [Central Imagery Office] National 
                Imagery and Mapping Agency; or
          * * * * * * *

               CHAPTER 75--REMOVAL FOR MORE THAN 14 DAYS

          * * * * * * *

SUBCHAPTER II--REMOVAL, SUSPENSION FOR MORE THAN 14 DAYS, REDUCTION IN 
             GRADE OR PAY, OR FURLOUGH FOR 30 DAYS OR LESS

Sec. 7511. Definitions; application

  (a) For the purpose of this subchapter--
  (b) This subchapter does not apply to an employee--
          (1) * * *
          * * * * * * *
          (8) whose position is within the United States Postal 
        Service, the Postal Rate Commission, the Panama Canal 
        Commission, the Tennessee Valley Authority, the Federal 
        Bureau of Investigation, [the National Security Agency, 
        the Defense Intelligence Agency, the Central Imagery 
        Office, or an intelligence activity of a military 
        department covered under section 1590 of title 10] an 
        intelligence component of the Department of Defense (as 
        defined in section 1614 of title 10), or an 
        intelligence activity of a military department covered 
        under subchapter I of chapter 83 of title 10, unless 
        subsection (a)(1)(B) of this section or section 1005(a) 
        of title 39 is the basis for this subchapter's 
        applicability;
          * * * * * * *
                              ----------                              


                     NATIONAL SECURITY ACT OF 1947

                              short title

  That this Act may be cited as the ``National Security Act of 
1947''.

                            TABLE OF CONTENTS

Sec. 2. Declaration of policy.
Sec. 3. Definitions.
     * * * * * * *

              [Title I--Coordination for National Security

[Sec. 101. National Security Council.
[Sec. 102. Central Intelligence Agency.
[Sec. 103. Responsibilities of the Director of Central Intelligence.
[Sec. 104. Authorities of the Director of Central Intelligence.
[Sec. 105. Responsibilities of the Secretary of Defense pertaining to 
          the National Foreign Intelligence Program.
[Sec. 106. Administrative provisions pertaining to defense elements 
          within the intelligence community.
[Sec. 107. National Security Resources Board.]

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

Sec. 101. National Security Council.
Sec. 104. National Counterintelligence Policy Board.
     * * * * * * *
Sec. 108. Annual National Security Strategy Report.
[Sec. 109. Annual report on intelligence community activities.
[Sec. 104. Annual national security strategy report.]

                   Title II--The Department of Defense

Sec. 201. Department of Defense.
[Sec. 202. Secretary of Defense.
[Sec. 203. Military Assistants to the Secretary.
[Sec. 204. Civilian personnel.]
Sec. 205. Department of the Army.
Sec. 206. Department of the Navy.
Sec. 207. Department of the Air Force.
[Sec. 208. United States Air Force.
[Sec. 209. Effective date of transfers.
[Sec. 210. War Council.
[Sec. 211. Joint Chiefs of Staff.
[Sec. 212. Joint Staff.
[Sec. 213. Munitions Board.
[Sec. 214. Research and Development Board.]

                        Title III--Miscellaneous

[Sec. 301. Compensation of Secretaries.
[Sec. 302. Under Secretaries and Assistant Secretaries.]
Sec. 303. Advisory committees and personnel.
[Sec. 304. Status of transferred civilian personnel.
[Sec. 305. Saving provisions.
[Sec. 306. Transfer of funds.]
     * * * * * * *

                              DEFINITIONS

  Sec. 3. As used in this Act:
          (1) * * *
          * * * * * * *
          (4) The term ``intelligence community'' includes--
                  (A) * * *
          * * * * * * *
                  (E) the [Central Imagery Office] National 
                Imagery and Mapping Agency;
          * * * * * * *

              [TITLE I--COORDINATION FOR NATIONAL SECURITY

                       [national security council

  [Sec. 101. (a) There is hereby established a council to be 
known as the National Security Council (thereinafter in this 
section referred to as the ``Council'').
  [The President of the United States shall preside over 
meetings of the Council: Provided, That in his absence he may 
designate a member of the Council to preside in his place.
  [The function of the Council shall be to advise the President 
with respect to the integration of domestic, foreign, and 
military policies relating to the national security so as to 
enable the military services and the other departments and 
agencies of the Government to cooperate more effectively in 
matters involving the national security.
  [The Council shall be composed of--
          [(1) the President;
          [(2) the Vice President;
          [(3) the Secretary of State;
          [(4) the Secretary of Defense;
          [(5) the Director for Mutual Security;
          [(6) the Chairman of the National Security Resources 
        Board; and
          [(7) The Secretaries and Under Secretaries of other 
        executive departments and the military departments, the 
        Chairman of the Munitions Board, and the Chairman of 
        the Research and Development Board, when appointed by 
        the President by and with the advice and consent of the 
        Senate, to serve at his pleasure.
  [(b) In addition to performing such other functions as the 
President may direct, for the purpose of more effectively 
coordinating the policies and functions of the departments and 
agencies of the Government relating to the national security, 
it shall, subject to the direction of the President, be the 
duty of the Council--
          [(1) to assess and appraise the objectives, 
        commitments, and risks of the United States in relation 
        to our actual and potential military power, in the 
        interest of national security, for the purpose of 
        making recommendations to the President in connection 
        therewith; and
          [(2) to consider policies on matters of common 
        interest to the departments and agencies of the 
        Government concerned with the national security, and to 
        make recommendations to the President in connection 
        therewith.
  [(c) The Council shall have a staff to be headed by a 
civilian executive secretary who shall be appointed by the 
President, and who shall receive compensation at the rate of 
$10,000 a year. The executive secretary, subject to the 
direction of the Council, is hereby authorized, subject to the 
civil-service laws and the Classification Act of 1923, as 
amended, to appoint and fix the compensation of such personnel 
as may be necessary to perform such duties as may be prescribed 
by the Council in connection with the performance of its 
functions.
  [(d) The Council shall, from time to time, make such 
recommendations, and such other reports to the President as it 
deems appropriate or as the President may require.
  [(e) The Chairman (or in his absence the Vice Chairman) of 
the Joint Chiefs of Staff may, in his role as principal 
military adviser to the National Security Council and subject 
to the direction of the President, attend and participate in 
meetings of the National Security Council.
  [(f) The Director of National Drug Control Policy may, in his 
role as principal adviser to the National Security Council on 
national drug control policy, and subject to the direction of 
the President, attend and participate in meetings of the 
National Security Council.
  [(g) The President shall establish with the National Security 
Council a board to be known as the ``Board for Low Intensity 
Conflict''. The principal function of the board shall be to 
coordinate the policies of the United States for low intensity 
conflict.
  [(h) The Director of Central Intelligence (or, in the 
Director's absence, the Deputy Director of Central 
Intelligence) may, in the performance of the Director's duties 
under this Act and subject to the direction of the President, 
attend and participate in meetings of the National Security 
Council.

                      [central intelligence agency

  [Sec. 102. (a)(1) There is hereby established a Central 
Intelligence Agency.
  [(2) There shall be a Director of Central Intelligence who 
shall be appointed by the President, by and with the advice and 
consent of the Senate. The Director shall--
          [(A) serve as head of the United States intelligence 
        community;
          [(B) act as the principal adviser to the President 
        for intelligence matters related to the national 
        security; and
          [(C) serve as head of the Central Intelligence 
        Agency.
  [(b) To assist the Director of Central Intelligence in 
carrying out the Director's responsibilities under this Act, 
there shall be a Deputy Director of Central Intelligence, who 
shall be appointed by the President, by and with the advice and 
consent of the Senate, who shall act for, and exercise the 
powers of, the Director during the Director's absence or 
disability.
  [(c)(1) The Director or Deputy Director of Central 
Intelligence may be appointed from among the commissioned 
officers of the Armed Forces, or from civilian life, but at no 
time shall both positions be simultaneously occupied by 
commissioned officers of the Armed Forces, whether in an active 
or retired status.
  [(2) It is the sense of the Congress that under ordinary 
circumstances, it is desirable that either the Director or the 
Deputy Director be a commissioned officer of the Armed Forces 
or that either such appointee otherwise have, by training or 
experience, an appreciation of military intelligence activities 
and requirements.
  [(3)(A) A commissioned officer of the Armed Forces appointed 
to the position of Director or Deputy Director, while serving 
in such position--
          [(i) shall not be subject to supervision or control 
        by the Secretary of Defense or by any officer or 
        employee of the Department of Defense;
          [(ii) shall not exercise, by reason of the officer's 
        status as a commissioned officer, any supervision or 
        control with respect to any of the military or civilian 
        personnel of the Department of Defense except as 
        otherwise authorized by law; and
          [(iii) shall not be counted against the numbers and 
        percentages of commissioned officers of the rank and 
        grade of such officer authorized for the military 
        department of which such officer is a member.
  [(B) Except as provided in clause (i) or (ii) of subparagraph 
(A), the appointment of a commissioned officer of the Armed 
Forces to the position of Director or Deputy Director shall in 
no way affect the status, position, rank, or grade of such 
officer in the Armed Forces, or any emolument, perquisite, 
right, privilege, or benefit incident to or arising out of any 
such status, position, rank, or grade.
  [(C) A commissioned officer of the Armed Forces on active 
duty who is appointed to the position of Director or Deputy 
Director, while serving in such position and while remaining on 
active duty, shall continue to receive military pay and 
allowances and shall not receive the pay prescribed for the 
Director or Deputy Director. Funds from which such pay and 
allowances are paid shall be reimbursed from funds available to 
the Director.
  [(d) The Office of the Director of Central Intelligence 
shall, for administrative purposes, be within the Central 
Intelligence Agency.
  [(e) In the event that neither the Director nor Deputy 
Director of Central Intelligence is a commissioned officer of 
the Armed Forces, a commissioned officer of the Armed Forces 
appointed to the position of Associate Director of Central 
Intelligence for Military Support, while serving in such 
position, shall not be counted against the numbers and 
percentages of commissioned officers of the rank and grade of 
such officer authorized for the armed force of which such 
officer is a member.

       [RESPONSIBILITIES OF THE DIRECTOR OF CENTRAL INTELLIGENCE

  [Sec. 103. (a) Provision of Intelligence.--(1) Under the 
direction of the National Security Council, the Director of 
Central Intelligence shall be responsible for providing 
national intelligence--
          [(A) to the President;
          [(B) to the heads of departments and agencies of the 
        executive branch;
          [(C) to the Chairman of the Joint Chiefs of Staff and 
        senior military commanders; and
          [(D) where appropriate, to the Senate and House of 
        Representatives and the committees thereof.
  [(2) Such national intelligence should be timely, objective, 
independent of political considerations, and based upon all 
sources available to the intelligence community.
  [(b) National Intelligence Council.--(1)(A) There is 
established within the Office of the Director of Central 
Intelligence the National Intelligence Council (hereafter in 
this section referred to as the ``Council''). The Council shall 
be composed of senior analysts within the intelligence 
community and substantive experts from the public and private 
sector, who shall be appointed by, report to, and serve at the 
pleasure of, the Director of Central Intelligence.
  [(B) The Director shall prescribe appropriate security 
requirements for personnel appointed from the private sector as 
a condition of service on the Council to ensure the protection 
of intelligence sources and methods while avoiding, wherever 
possible, unduly intrusive requirements which the Director 
considers to be unnecessary for this purpose.
  [(2) The Council shall--
          [(A) produce national intelligence estimates for the 
        Government, including, whenever the Council considers 
        appropriate, alternative views held by elements of the 
        intelligence community; and
          [(B) otherwise assist the Director in carrying out 
        the responsibilities described in subsection (a).
  [(3) Within their respective areas of expertise and under the 
direction of the Director, the members of the Council shall 
constitute the senior intelligence advisers of the intelligence 
community for purposes of representing the views of the 
intelligence community within the Government.
  [(4) The Director shall make available to the Council such 
staff as may be necessary to permit the Council to carry out 
its responsibilities under this subsection and shall take 
appropriate measures to ensure that the Council and its staff 
satisfy the needs of policymaking officials and other consumers 
of intelligence.
  [(5) The heads of elements within the intelligence community 
shall, as appropriate, furnish such support to the Council, 
including the preparation of intelligence analyses, as may be 
required by the Director.
  [(c) Head of the Intelligence Community.--In the Director's 
capacity as head of the intelligence community, the Director 
shall--
          [(1) develop and present to the President an annual 
        budget for the National Foreign Intelligence Program of 
        the United States;
          [(2) establish the requirements and priorities to 
        govern the collection of national intelligence by 
        elements of the intelligence community;
          [(3) promote and evaluate the utility of national 
        intelligence to consumers within the Government;
          [(4) eliminate waste and unnecessary duplication 
        within the intelligence community;
          [(5) protect intelligence sources and methods from 
        unauthorized disclosure; and
          [(6) perform such other functions as the President or 
        the National Security Council may direct.
  [(d) Head of the Central Intelligence Agency.--In the 
Director's capacity as head of the Central Intelligence Agency, 
the Director shall--
          [(1) collect intelligence through human sources and 
        by other appropriate means, except that the Agency 
        shall have no police, subpoena, or law enforcement 
        powers or internal security functions;
          [(2) provide overall direction for the collection of 
        national intelligence through human sources by elements 
        of the intelligence community authorized to undertake 
        such collection and, in coordination with other 
        agencies of the Government which are authorized to 
        undertake such collection, ensure that the most 
        effective use is made of resources and that the risks 
        to the United States and those involved in such 
        collection are minimized;
          [(3) correlate and evaluate intelligence related to 
        the national security and provide appropriate 
        dissemination of such intelligence;
          [(4) perform such additional services as are of 
        common concern to the elements of the intelligence 
        community, which services the Director of Central 
        Intelligence determines can be more efficiently 
        accomplished centrally; and
          [(5) perform such other functions and duties related 
        to intelligence affecting the national security as the 
        President or the National Security Council may direct.

          [AUTHORITIES OF THE DIRECTOR OF CENTRAL INTELLIGENCE

  [Sec. 104. (a) Access to Intelligence.--To the extent 
recommended by the National Security Council and approved by 
the President, the Director of Central Intelligence shall have 
access to all intelligence related to the national security 
which is collected by any department, agency, or other entity 
of the United States.
  [(b) Approval of Budgets.--The Director of Central 
Intelligence shall provide guidance to elements of the 
intelligence community for the preparation of their annual 
budgets and shall approve such budgets before their 
incorporation in the National Foreign Intelligence Program.
  [(c) Role of DCI in Reprogramming.--No funds made available 
under the National Foreign Intelligence Program may be 
reprogrammed by any element of the intelligence community 
without the prior approval of the Director of Central 
Intelligence except in accordance with procedures issued by the 
Director.
  [(d) Transfer of Funds or Personnel Within the National 
Foreign Intelligence Program.--(1) In addition to any other 
authorities available under law for such purposes, the Director 
of Central Intelligence, with the approval of the Director of 
the Office of Management and Budget, may transfer funds 
appropriated for a program within the National Foreign 
Intelligence Program to another such program and, in accordance 
with procedures to be developed by the Director and the heads 
of affected departments and agencies, may transfer personnel 
authorized for an element of the intelligence community to 
another such element for periods up to a year.
  [(2) A transfer of funds or personnel may be made under this 
subsection only if--
          [(A) the funds or personnel are being transferred to 
        an activity that is a higher priority intelligence 
        activity;
          [(B) the need for funds or personnel for such 
        activity is based on unforeseen requirements;
          [(C) the transfer does not involve a transfer of 
        funds to the Reserve for Contingencies of the Central 
        Intelligence Agency;
          [(D) the transfer does not involve a transfer of 
        funds or personnel from the Federal Bureau of 
        Investigation; and
          [(E) the Secretary or head of the department which 
        contains the affected element or elements of the 
        intelligence community does not object to such 
        transfer.
  [(3) Funds transferred under this subsection shall remain 
available for the same period as the appropriations account to 
which transferred.
  [(4) Any transfer of funds under this subsection shall be 
carried out in accordance with existing procedures applicable 
to reprogramming notifications for the appropriate 
congressional committees. Any proposed transfer for which 
notice is given to the appropriate congressional committees 
shall be accompanied by a report explaining the nature of the 
proposed transfer and how it satisfies the requirements of this 
subsection. In addition, the Select Committee on Intelligence 
of the Senate and the Permanent Select Committee on 
Intelligence of the House of Representatives shall be promptly 
notified of any transfer of funds made pursuant to this 
subsection in any case in which the transfer would not have 
otherwise required reprogramming notification under procedures 
in effect as of the date of the enactment of this section.
  [(5) The Director shall promptly submit to the Select 
Committee on Intelligence of the Senate and to the Permanent 
Select Committee on Intelligence of the House of 
Representatives and, in the case of the transfer of personnel 
to or from the Department of Defense, the Committee on Armed 
Services of the Senate and the Committee on National Security 
of the House of Representatives, a report on any transfer of 
personnel made pursuant to this subsection. The Director shall 
include in any such report an explanation of the nature of the 
transfer and how it satisfies the requirements of this 
subsection.
  [(e) Coordination With Foreign Governments.--Under the 
direction of the National Security Council and in a manner 
consistent with section 207 of the Foreign Service Act of 1980 
(22 U.S.C. 3927), the Director shall coordinate the 
relationships between elements of the intelligence community 
and the intelligence or security services of foreign 
governments on all matters involving intelligence related to 
the national security or involving intelligence acquired 
through clandestine means.
  [(f) Use of Personnel.--The Director shall, in coordination 
with the heads of departments and agencies with elements in the 
intelligence community, institute policies and programs within 
the intelligence community--
          [(1) to provide for the rotation of personnel between 
        the elements of the intelligence community, where 
        appropriate, and to make such rotated service a factor 
        to be considered for promotion to senior positions; and
          [(2) to consolidate, wherever possible, personnel, 
        administrative, and security programs to reduce the 
        overall costs of these activities within the 
        intelligence community.
  [(g) Termination of Employment of CIA Employees.--
Notwithstanding the provisions of any other law, the Director 
may, in the Director's discretion, terminate the employment of 
any officer or employee of the Central Intelligence Agency 
whenever the Director shall deem such termination necessary or 
advisable in the interests of the United States. Any such 
termination shall not affect the right of the officer or 
employee terminated to seek or accept employment in any other 
department or agency of the Government if declared eligible for 
such employment by the Office of Personnel Management.

    [RESPONSIBILITIES OF THE SECRETARY OF DEFENSE PERTAINING TO THE 
                 NATIONAL FOREIGN INTELLIGENCE PROGRAM

  [Sec. 105. (a) In General.--The Secretary of Defense shall--
          [(1) ensure that the budgets of the elements of the 
        intelligence community within the Department of Defense 
        are adequate to satisfy the overall intelligence needs 
        of the Department of Defense, including the needs of 
        the chairman of the Joint Chiefs of Staff and the 
        commanders of the unified and specified commands and, 
        wherever such elements are performing governmentwide 
        functions, the needs of other departments and agencies;
          [(2) ensure appropriate implementation of the 
        policies and resource decisions of the Director of 
        Central Intelligence by elements of the Department of 
        Defense within the National Foreign Intelligence 
        Program;
          [(3) ensure that the tactical intelligence activities 
        of the Department of Defense complement and are 
        compatible with intelligence activities under the 
        National Foreign Intelligence Program;
          [(4) ensure that the elements of the intelligence 
        community within the Department of Defense are 
        responsive and timely with respect to satisfying the 
        needs of operational military forces;
          [(5) eliminate waste and unnecessary duplication 
        among the intelligence activities of the Department of 
        Defense; and
          [(6) ensure that intelligence activities of the 
        Department of Defense are conducted jointly where 
        appropriate.
  [(b) Responsibility for the Performance of Specific 
Functions.--Consistent with sections 103 and 104 of this Act, 
the Secretary of Defense shall ensure--
          [(1) through the National Security Agency (except as 
        otherwise directed by the President or the National 
        Security Council), the continued operation of an 
        effective unified organization for the conduct of 
        signals intelligence activities and shall ensure that 
        the product is disseminated in a timely manner to 
        authorized recipients;
          [(2) through the Central Imagery Office (except as 
        otherwise directed by the President or the National 
        Security Council), with appropriate representation from 
        the intelligence community, the continued operation of 
        an effective unified organization within the Department 
        of Defense for carrying out tasking of imagery 
        collection, for the coordination of imagery processing 
        and exploitation activities, and for ensuring the 
        dissemination of imagery in a timely manner to 
        authorized recipients;
          [(3) through the National Reconnaissance Office 
        (except as otherwise directed by the President or the 
        National Security Council), the continued operation of 
        an effective unified organization for the research and 
        development, acquisition, and operation of overhead 
        reconnaissance systems necessary to satisfy the 
        requirements of all elements of the intelligence 
        community;
          [(4) through the Defense Intelligence Agency (except 
        as otherwise directed by the President or the National 
        Security Council), the continued operation of an 
        effective unified system within the Department of 
        Defense for the production of timely, objective 
        military and military-related intelligence, based upon 
        all sources available to the intelligence community, 
        and shall ensure the appropriate dissemination of such 
        intelligence to authorized recipients;
          [(5) through the Defense Intelligence Agency (except 
        as otherwise directed by the President or the National 
        Security Council), effective management of Department 
        of Defense human intelligence activities, including 
        defense attaches; and
          [(6) that the military departments maintain 
        sufficient capabilities to collect and produce 
        intelligence to meet--
                  [(A) the requirements of the Director of 
                Central Intelligence;
                  [(B) the requirements of the Secretary of 
                Defense or the Chairman of the Joint Chiefs of 
                Staff;
                  [(C) the requirements of the unified and 
                specified combatant commands and of joint 
                operations; and
                  [(D) the specialized requirements of the 
                military departments for intelligence necessary 
                to support tactical commanders, military 
                planners, the research and development process, 
                the acquisition of military equipment, and 
                training and doctrine.
  [(c) Use of Elements of Department of Defense.--The Secretary 
of Defense, in carrying out the functions described in this 
section, may use such elements of the Department of Defense as 
may be appropriate for the execution of those functions, in 
addition to, or in lieu of, the elements identified in this 
section.

 [ADMINISTRATIVE PROVISIONS PERTAINING TO DEFENSE ELEMENTS WITHIN THE 
                         INTELLIGENCE COMMUNITY

  [Sec. 106. (a) Consultations With Regard to Certain 
Appointments.--The Secretary of Defense shall undertake 
appropriate consultations with the Director of Central 
Intelligence before the appointment of any individual as head 
of the National Security Agency, the National Reconnaissance 
Office, or the Defense Intelligence Agency.
  [(b) Appointment of Head of Central Imagery Office.--The 
Secretary shall appoint, upon the recommendation of the 
Director, the head of the Central Imagery Office within the 
Department of Defense.

                   [national security resources board

  [Sec. 107. (a) The Director of the Office of Defense 
Mobilization, subject to the direction of the President, is 
authorized, subject to the civil-service laws and the 
Classification Act of 1949, to appoint and fix the compensation 
of such personnel as may be necessary to assist the Director in 
carrying out his functions.
  [(b) It shall be the function of the Director of the Office 
of Defense Mobilization to advise the President concerning the 
coordination of military, industrial, and civilian 
mobilization, including--
          [(1) policies concerning industrial and civilian 
        mobilization in order to assure the most effective 
        mobilization and maximum utilization of the Nation's 
        manpower in the event of war.
          [(2) programs for the effective use in time of war of 
        the Nation's natural and industrial resources for 
        military and civilian needs, for the maintenance and 
        stabilization of the civilian economy in time of war, 
        and for the adjustment of such economy to war needs and 
        conditions;
          [(3) policies for unifying, in time of war, the 
        activities of Federal agencies and departments engaged 
        in or concerned with production, procurement, 
        distribution, or transportation of military or civilian 
        supplies, materials, and products;
          [(4) the relationship between potential supplies of, 
        and potential requirements for, manpower, resources, 
        and productive facilities in time of war;
          [(5) policies for establishing adequate reserves of 
        strategic and critical material, and for the 
        conservation of these reserves;
          [(6) the strategic relocation of industries, 
        services, government, and economic activities, the 
        continuous operation of which is essential to the 
        Nation's security.
  [(c) In performing his functions, the Director of the Office 
of Defense Mobilization shall utilize to the maximum extent the 
facilities and resources of the departments and agencies of the 
Government.]

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

SEC. 101. NATIONAL SECURITY COUNCIL.

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

SEC. 104. NATIONAL COUNTERINTELLIGENCE POLICY BOARD.

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

          [annual report on intelligence community activities

  [Sec. 109. (a) In General.--The Director of Central 
Intelligence shall submit to Congress an annual report on the 
activities of the intelligence community. The annual report 
under this section shall be unclassified.
  [(b) Matters To Be Covered in Annual Report.--Each report 
under this section shall describe--
          [(1) the activities of the intelligence community 
        during the preceding fiscal year, including significant 
        successes and failures that can be described in an 
        unclassified manner; and
          [(2) the areas of the world and the issues that the 
        Director expects will require increased or unusual 
        attention from the intelligence community during the 
        next fiscal year.
  [(c) Time for Submission.--The report under this section for 
any year shall be submitted at the same time that the President 
submits the budget for the next fiscal year pursuant to section 
1105 of title 31, United States Code.]
          * * * * * * *

   TITLE IX--APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE ACTIVITIES

          * * * * * * *

                          laws subject to stay

  Sec. 904. The President may use the authority of sections 901 
and 902 to stay the imposition of an economic, cultural, 
diplomatic, or other sanction or related action by the United 
States Government related to the proliferation of weapons of 
mass destruction, their delivery systems, or advanced 
conventional weapons otherwise [required to be imposed by the 
Chemical and Biological Weapons Control and Warfare Elimination 
Act of 1991 (title III of Public Law 102-182); the Nuclear 
Proliferation Prevention Act of 1994 (title VIII of Public Law 
103-236); title XVII of the National Defense Authorization Act 
for Fiscal Year 1991 (Public Law 101-510) (relating to the 
nonproliferation of missile technology); the Iran-Iraq Arms 
Nonproliferation Act of 1992 (title XVI of Public Law 102-484); 
section 573 of the Foreign Operations, Export Financing Related 
Programs Appropriations Act, 1994 (Public Law 103-87); section 
563 of the Foreign Operations, Export Financing Related 
Programs Appropriations Act, 1995 (Public Law 103-306); and 
comparable provisions.] required to be imposed by any of the 
following provisions of law:
          (1) The Chemical and Biological Weapons Control and 
        Warfare Elimination Act of 1991 (title III of Public 
        Law 102-182).
          (2) The Nuclear Proliferation Prevention Act of 1994 
        (title VIII of Public Law 103-236).
          (3) Section 11B of the Export Administration Act of 
        1979 (50 U.S.C. App. 2410b).
          (4) Chapter 7 of the Arms Export Control Act (22 
        U.S.C. 2797 et seq.).
          (5) The Iran-Iraq Arms Non-Proliferation Act of 1992 
        (title XVI of Public Law 102-484).
          (6) The following provisions of annual appropriations 
        Acts:
                  (A) Section 573 of the Foreign Operations, 
                Export Financing, and Related Programs 
                Appropriations Act, 1994 (Public Law 103-87; 
                107 Stat. 972).
                  (B) Section 563 of the Foreign Operations, 
                Export Financing, and Related Programs 
                Appropriations Act, 1995 (Public Law 103-306; 
                108 Stat. 1649).
                  (C) Section 552 of the Foreign Operations, 
                Export Financing, and Related Programs 
                Appropriations Act, 1996 (Public Law 104-107; 
                110 Stat. 741).
          (7) Comparable provisions.

                              application

  Sec. 905. This title shall cease to be effective [on the date 
which is one year after the date of the enactment of this 
title] on January 6, 1997.
                              ----------                              


          SECTION 105 OF THE ETHICS IN GOVERNMENT ACT OF 1978

                CUSTODY OF AND PUBLIC ACCESS TO REPORTS

  Sec. 105. (a) Each agency, each supervising ethics office in 
the executive or judicial branch, the Clerk of the House of 
Representatives, and the Secretary of the Senate shall make 
available to the public, in accordance with subsection (b), 
each report filed under this title with such agency or office 
or with the Clerk or the Secretary of the Senate, except that--
          (1) this section does not require public availability 
        of a report filed by any individual in the Central 
        Intelligence Agency, the Defense Intelligence Agency, 
        the [Central Imagery Office] National Imagery and 
        Mapping Agency, or the National Security Agency, or any 
        individual engaged in intelligence activities in any 
        agency of the United States, if the President finds or 
        has found that, due to the nature of the office or 
        position occupied by such individual, public disclosure 
        of such report would, be revealing the identity of the 
        individual or other sensitive information, compromise 
        the national interest of the United States; and such 
        individuals may be authorized, notwithstanding section 
        104(a), to file such additional reports as are 
        necessary to protect their identity from public 
        disclosure if the President first finds or has found 
        that such filing is necessary in the national interest; 
        and
          * * * * * * *
                              ----------                              


       SECTION 7 OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988

SEC. 7. EXEMPTIONS.

  (a) No Application to Governmental Employers.--This Act shall 
not apply with respect to the United States Government, any 
State or local government, or any political subdivision of a 
State or local government.
  (b) National Defense and Security Exemption.--
          (1) * * *
          (2) Security.--Nothing in this Act shall be construed 
        to prohibit the administration, by the Federal 
        Government, in the performance of any intelligence or 
        counterintelligence function, of any lie detector test 
        to--
                  (A)(i) any individual employed by, assigned 
                to, or detailed to, the National Security 
                Agency, the Defense Intelligence Agency, the 
                [Central Imagery Office] National Imagery and 
                Mapping Agency, or the Central Intelligence 
                Agency,
          * * * * * * *
                              ----------                              


               SECTION 82 OF TITLE 14, UNITED STATES CODE

Sec. 82. Cooperation with Administrator of the Federal Aviation 
                    Administration

  The Coast Guard, in establishing, maintaining, or operating 
any aids to air navigation herein provided, shall solicit the 
cooperation of the Administrator of the Federal Aviation 
Administration to the end that the personnel and facilities of 
the Federal Aviation Administration will be utilized to the 
fullest possible advantage. Before locating and operating any 
such aid on military or naval bases or regions, the consent of 
the Secretary of the Army, the Secretary of the Navy, or the 
Secretary of the Air Force, as the case may be, shall first be 
obtained. No such aid shall be located within the territorial 
jurisdiction of any foreign country without the consent of the 
government thereof. Nothing in this title shall be deemed to 
limit the authority granted by [chapter 167] subchapter II of 
chapter 22 of title 10 or part A of subtitle VII of title 49.
                              ----------                              


                     NATIONAL SECURITY ACT OF 1959

 AN ACT To provide certain administrative authorities for the National 
                Security Agency, and for other purposes

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, [That this 
Act may be cited as the ``National Security Agency Act of 
1959''.
  [Sec. 2. (a) The Secretary of Defense (or his designee) is 
authorized to establish such positions, and to appoint thereto, 
without regard to the civil service laws, such officers and 
employees, in the National Security Agency, as may be necessary 
to carry out the functions of such agency. The rates of basic 
pay for such positions shall be fixed by the Secretary of 
Defense (or his designee for this purpose) in relation to the 
rates of basic pay provided for in subpart D of part III of 
title 5, United States Code, for positions subject to such 
title which have corresponding levels of duties and 
responsibilities. Except as otherwise provided by law, no 
officer or employee of the National Security Agency shall be 
paid basic pay at a rate in excess of the maximum rate payable 
under section 5376 of such title and not more than 70 such 
officers and employees shall be paid within the range of rates 
authorized in section 5376 of such title.
  [(b) The Secretary of Defense (or his designee) may provide 
officers and employees of the National Security Agency other 
compensation, benefits, incentives, and allowances which are 
consistent with, and do not exceed the levels authorized for, 
such compensation, benefits, incentives, or allowances by title 
5, United States Code.
  [Sec. 3. Section 1581(a) of title 10, United States Code, as 
modified by section 12(a) of the Federal Employees Salary 
Increase Act of 1958 (72 Stat. 213), is amended by striking out 
``, and not more than fifty civilian positions in the National 
Security Agency,'' and the words ``and the National Security 
Agency, respectively,''.
  [Sec. 4. The Secretary of Defense (or his designee for the 
purpose) is authorized to--
          [(1) establish in the National Security Agency (A) 
        professional engineering positions primarily concerned 
        with research and development and (B) professional 
        positions in the physical and natural sciences, 
        medicine, and cryptology; and
          [(2) fix the respective rates of pay of such 
        positions at rates equal to rates of basic pay 
        contained in grades 16, 17, and 18 of the General 
        Schedule set forth in section 5332 of title 5, United 
        States Code.
Officers and employees appointed to positions established under 
this section shall be in addition to the number of officers and 
employees appointed to positions under section 2 of this Act 
who may be paid at rates equal to rates of basic pay contained 
in grades 16, 17, and 18 of the General Schedule.
  [Sec. 5. Officers and employees of the National Security 
Agency who are citizens or nationals of the United States may 
be granted additional compensation, in accordance with 
regulations which shall be prescribed by the Secretary of 
Defense, not in excess of additional compensation authorized by 
section 207 of the Independent Offices Appropriation Act, 1949, 
as amended (5 U.S.C. 118h), for employees whose rates of basic 
compensation are fixed by statute.
  [Sec. 6. (a) Except as provided in subsection (b) of this 
section, nothing in this Act or any other law (including, but 
not limited to, the first section and section 2 of the Act of 
August 28, 1935 (5 U.S.C. 654)) shall be construed to require 
the disclosure of the organization or any function of the 
National Security Agency, of any information with respect to 
the activities thereof, or of the names, titles, salaries, or 
number of the persons employed by such agency.
  [(b) The reporting requirements of section 1582 of title 10, 
United States Code, shall apply to positions established in the 
National Security Agency in the manner provided by section 4 of 
this Act.
  [Sec. 8. The foregoing provisions of this Act shall take 
effect on the first day of the first pay period which begins 
later than the thirtieth day following the date of enactment of 
this Act.
  [Sec. 9. (a) Notwithstanding section 322 of the Act of June 
30, 1932 (40 U.S.C. 278a), section 5536 of title 5, United 
States Code, and section 2675 of title 10, United States Code, 
the Director of the National Security Agency, on behalf of the 
Secretary of Defense, may lease real property outside the 
United States, for periods not exceeding ten years, for the use 
of the National Security Agency for special cryptologic 
activities and for housing for personnel assigned to such 
activities.
  [(b) The Director of the National Security Agency, on behalf 
of the Secretary of Defense, may provide to certain civilian 
and military personnel of the Department of Defense who are 
assigned to special cryptologic activities outside the United 
States and who are designated by the Secretary of Defense for 
the purposes of this subsection--
          [(1) allowances and benefits--
                  [(A) comparable to those provided by the 
                Secretary of State to members of the Foreign 
                Service under chapter 9 of title I of the 
                Foreign Service Act of 1980 (22 U.S.C. 4081 et 
                seq.) or any other provision of law; and
                  [(B) in the case of selected personnel 
                serving in circumstances similar to those in 
                which personnel of the Central Intelligence 
                Agency serve, comparable to those provided by 
                the Director of Central Intelligence to 
                personnel of the Central Intelligence Agency;
          [(2) housing (including heat, light, and household 
        equipment) without cost to such personnel, if the 
        Director of the National Security Agency, on behalf of 
        the Secretary of Defense determines that it would be in 
        the public interest to provide such housing; and
          [(3) special retirement accrual in the same manner 
        provided in section 303 of the Central Intelligence 
        Agency Retirement Act (50 U.S.C. 403 note) and in 
        section 18 of the Central Intelligence Agency Act of 
        1949.
  [(c) The authority of the Director of the National Security 
Agency, on behalf of the Secretary of Defense, to make payments 
under subsections (a) and (b), and under contracts for leases 
entered into under subsection (a), is effective for any fiscal 
year only to the extent that appropriated funds are available 
for such purpose.
  [(d) Members of the Armed Forces may not receive benefits 
under both subsection (b)(1) and title 37, United States Code, 
for the same purpose. The Secretary of Defense shall prescribe 
such regulations as may be necessary to carry out this 
subsection.
  [(e) Regulations issued pursuant to subsection (b)(1) shall 
be submitted to the Permanent Select Committee on Intelligence 
of the House of Representatives and the Select Committee on 
Intelligence of the Senate before such regulations take effect.
  [Sec. 10. (a) The Director of the National Security Agency 
shall arrange for, and shall prescribe regulations concerning, 
language and language-related training programs for military 
and civilian cryptologic personnel. In establishing programs 
under this section for language and language-related training, 
the Director--
          [(1) may provide for the training and instruction to 
        be furnished, including functional and geographic area 
        specializations;
          [(2) may arrange for training and instruction through 
        other Government agencies and, in any case in which 
        appropriate training or instruction is unavailable 
        through Government facilities, through nongovernmental 
        facilities that furnish training and instruction useful 
        in the fields of language and foreign affairs;
          [(3) may support programs that furnish necessary 
        language and language-related skills, including, in any 
        case in which appropriate programs are unavailable at 
        Government facilities, support through contracts, 
        grants, or cooperation with nongovernmental educational 
        institutions; and
          [(4) may obtain by appointment or contract the 
        services of individuals to serve as language 
        instructors, linguists, or special language project 
        personnel.
  [(b)(1) In order to maintain necessary capability in foreign 
language skills and related abilities needed by the National 
Security Agency, the Director, without regard to subchapter IV 
of chapter 55 of title 5, United States Code, may provide 
special monetary or other incentives to encourage civilian 
cryptologic personnel of the Agency to acquire or retain 
proficiency in foreign languages or special related abilities 
needed by the Agency.
  [(2) In order to provide linguistic training and support for 
cryptologic personnel, the Director--
          [(A) may pay all or part of the tuition and other 
        expenses related to the training of personnel who are 
        assigned or detailed for language and language-related 
        training, orientation, or instruction; and
          [(B) may pay benefits and allowances to civilian 
        personnel in accordance with chapters 57 and 59 of 
        title 5, United States Code, and to military personnel 
        in accordance with chapter 7 of title 37, United States 
        Code, and applicable provisions of title 10, United 
        States Code, when such personnel are assigned to 
        training at sites away from their designated duty 
        station.
  [(c)(1) To the extent not inconsistent, in the opinion of the 
Secretary of Defense, with the operation of military 
cryptologic reserve units and in order to maintain necessary 
capability in foreign language skills and related abilities 
needed by the National Security Agency, the Director may 
establish a cryptologic linguist reserve. The cryptologic 
linguist reserve may consist of former or retired civilian or 
military cryptologic personnel of the National Security Agency 
and of other qualified individuals, as determined by the 
Director of the Agency. Each member of the cryptologic linguist 
reserve shall agree that, during any period of emergency (as 
determined by the Director), the member shall return to active 
civilian status with the National Security Agency and shall 
perform such linguistic or linguistic-related duties as the 
Director may assign.
  [(2) In order to attract individuals to become members of the 
cryptologic linguist reserve, the Director, without regard to 
subchapter IV of chapter 55 of title 5, United States Code, may 
provide special monetary incentives to individuals eligible to 
become members of the reserve who agree to become members of 
the cryptologic linguist reserve and to acquire or retain 
proficiency in foreign languages or special related abilities.
  [(3) In order to provide training and support for members of 
the cryptologic linguist reserve, the Director--
          [(A) may pay all or part of the tuition and other 
        expenses related to the training of individuals in the 
        cryptologic linguist reserve who are assigned or 
        detailed for language and language-related training, 
        orientation, or instruction; and
          [(B) may pay benefits and allowances in accordance 
        with chapters 57 and 59 of title 5, United States Code, 
        to individuals in the cryptologic linguist reserve who 
        are assigned to training at sites away from their homes 
        or regular places of business.
  [(d)(1) The Director, before providing training under this 
section to any individual, may obtain an agreement with that 
individual that--
          [(A) in the case of current employees, pertains to 
        continuation of service of the employee, and repayment 
        of the expenses of such training for failure to fulfill 
        the agreement, consistent with the provisions of 
        section 4108 of title 5, United States Code; and
          [(B) in the case of individuals accepted for 
        membership in the cryptologic linguist reserve, 
        pertains to return to service when requested, and 
        repayment of the expenses of such training for failure 
        to fulfill the agreement, consistent with the 
        provisions of section 4108 of title 5, United States 
        Code.
  [(2) The Director, under regulations prescribed under this 
section, may waive, in whole or in part, a right of recovery 
under an agreement made under this subsection if it is shown 
that the recovery would be against equity and good conscience 
or against the public interest.
  [(e)(1) Subject to paragraph (2), the Director may provide to 
family members of military and civilian cryptologic personnel 
assigned to representational duties outside the United States, 
in anticipation of the assignment of such personnel outside the 
United States or while outside the United States, appropriate 
orientation and language training that is directly related to 
the assignment abroad.
  [(2) Language training under paragraph (1) may not be 
provided to any individual through payment of the expenses of 
tuition or other cost of instruction at a non-Government 
educational institution unless appropriate instruction is not 
available at a Government facility.
  [(f) The Director may waive the applicability of any 
provision of chapter 41 of title 5, United States Code, to any 
provision of this section if he finds that such waiver is 
important to the performance of cryptologic functions.
  [(g) The authority of the Director to enter into contracts or 
to make grants under this section is effective for any fiscal 
year only to the extent that appropriated funds are available 
for such purpose.
  [(h) Regulations issued pursuant to this section shall be 
submitted to the Permanent Select Committee on Intelligence of 
the House of Representatives and the Select Committee on 
Intelligence of the Senate before such regulations take effect.
  [(i) The Director of the National Security Agency, on behalf 
of the Secretary of Defense, may, without regard to section 
4109(a)(2)(B) of title 5, United States Code, pay travel, 
transportation, storage, and subsistence expenses under chapter 
57 of such title to civilian and military personnel of the 
Department of Defense who are assigned to duty outside the 
United States for a period of one year or longer which involves 
cryptologic training, language training, or related 
disciplines.

  [Sec. 11. The Administrator of General Services, upon the 
application of the Director of the National Security Agency, 
may provide for the protection in accordance with section 3 of 
the Act of June 1, 1948 (40 U.S.C. 318b), of certain facilities 
(as designated by the Director of such Agency) which are under 
the administration and control of, or are used by, the National 
Security Agency in the same manner as if such facilities were 
property of the United States over which the United States has 
acquired exclusive or concurrent criminal jurisdiction.
  [Sec. 12. (a)(1) The Secretary of Defense (or his designee) 
may by regulation establish a personnel system for senior 
civilian cryptologic personnel in the National Security Agency 
to be known as the Senior Cryptologic Executive Service. The 
regulations establishing the Senior Cryptologic Executive 
Service shall----
          [(A) meet the requirements set forth in section 3131 
        of title 5, United States Code, for the Senior 
        Executive Service;
          [(B) provide that positions in the Senior Cryptologic 
        Executive Service meet requirements that are consistent 
        with the provisions of section 3132(a)(2) of such 
        title;
          [(C) provide, without regard to section 2, rates of 
        pay for the Senior Cryptologic Executive Service that 
        are not in excess of the maximum rate or less than the 
        minimum rate of basic pay established for the Senior 
        Executive Service under section 5382 of such title, and 
        that are adjusted at the same time and to the same 
        extent as rates of basic pay for the Senior Executive 
        Service are adjusted;
          [(D) provide a performance appraisal system for the 
        Senior Cryptologic Executive Service that conforms to 
        the provisions of subchapter II of chapter 43 of such 
        title;
          [(E) provide for removal consistent with section 3592 
        of such title, and removal or suspension consistent 
        with subsections (a), (b), and (c) of section 7543 of 
        such title (except that any hearing or appeal to which 
        a member of the Senior Cryptologic Executive Service is 
        entitled shall be held or decided pursuant to 
        procedures established by regulations of the Secretary 
        of Defense or his designee);
          [(F) permit the payment of performance awards to 
        members of the Senior Cryptologic Executive Service 
        consistent with the provisions applicable to 
        performance awards under section 5384 of such title;
          [(G) provide that members of the Senior Cryptologic 
        Executive Service may be granted sabbatical leaves 
        consistent with the provisions of section 3396(c) of 
        such title.
          [(H) provide for the recertification of members of 
        the Senior Cryptologic Executive Service consistent 
        with the provisions of section 3393a of such title.
  [(2) Except as otherwise provided in subsection (a), the 
Secretary of Defense (or his designee) may--
          [(A) make applicable to the Senior Cryptologic 
        Executive Service any of the provisions of title 5, 
        United States Code, applicable to applicants for or 
        members of the Senior Executive Service; and
          [(B) appoint, promote, and assign individuals to 
        positions established within the Senior Cryptologic 
        Executive Service without regard to the provisions of 
        title 5, United States Code, governing appointments and 
        other personnel actions in the competitive service.
  [(3) The President, based on the recommendations of the 
Secretary of Defense, may award ranks to members of the Senior 
Cryptologic Executive Service in a manner consistent with the 
provisions of section 4507 of title 5, United States Code.
  [(4) Notwithstanding any other provision of this section, the 
Director of the National Security Agency may detail or assign 
any member of the Senior Cryptologic Executive Service to serve 
in a position outside the National Security Agency in which the 
member's expertise and experience may be of benefit to the 
National Security Agency or another Government agency. Any such 
member shall not by reason of such detail or assignment lose 
any entitlement or status associated with membership in the 
Senior Cryptologic Executive Service.
  [(b) The Secretary of Defense (or his designee) may by 
regulation establish a merit pay system for such employees of 
the National Security Agency as the Secretary of Defense (or 
his designee) considers appropriate. The merit pay system shall 
be designed to carry out purposes consistent with those set 
forth in section 5401(a) of title 5, United States Code.
  [(c) Nothing in this section shall be construed to allow the 
aggregate amount payable to a member of the Senior Cryptologic 
Executive Service under this section during any fiscal year to 
exceed the annual rate payable for positions at level I of the 
Executive Schedule in effect at the end of such year.
  [Sec. 13. (a) The Director of the National Security Agency 
may make grants to private individuals and institutions for the 
conduct of cryptologic research. An application for a grant 
under this section may not be approved unless the Director 
determines that the award of the grant would be clearly 
consistent with the national security.
  [(b) The grant program established by subsection (a) shall be 
conducted in accordance with the Federal Grant and Cooperative 
Agreement Act of 1977 (41 U.S.C. 501 et seq.) to the extent 
that such Act is consistent with and in accordance with section 
6 of this Act.
  [(c) The authority of the Director to make grants under this 
section is effective for any fiscal year only to the extent 
that appropriated funds are available for such purpose.
  [Sec. 14. Funds appropriated to an entity of the Federal 
Government other than an element of the Department of Defense 
that have been specifically appropriated for the purchase of 
cryptologic equipment, materials, or services with respect to 
which the National Security Agency has been designated as the 
central source of procurement for the Government shall remain 
available for a period of three fiscal years.
  [Sec. 15. (a) No person may, except with the written 
permission of the Director of the National Security Agency, 
knowingly use the words ``National Security Agency'', the 
initials ``NSA'', the seal of the National Security Agency, or 
any colorable imitation of such words, initials, or seal in 
connection with any merchandise, impersonation, solicitation, 
or commercial activity in a manner reasonably calculated to 
convey the impression that such use is approved, endorsed, or 
authorized by the National Security Agency.
  [(b) Whenever it appears to the Attorney General that any 
person is engaged or is about to engage in an act or practice 
which constitutes or will constitute conduct prohibited by 
subsection (a), the Attorney General may initiate a civil 
proceeding in a district court of the United States to enjoin 
such act or practice. Such court shall proceed as soon as 
practicable to the hearing and determination of such action and 
may, at any time before final determination, enter such 
restraining orders or prohibitions, or take such other action 
as is warranted, to prevent injury to the United States or to 
any person or class of persons for whose protection the action 
is brought.
  [Sec. 16. (a) The purpose of this section is to establish an 
undergraduate training program, which may lead to the 
baccalaureate degree, to facilitate the recruitment of 
individuals, particularly minority high school students, with a 
demonstrated capability to develop skills critical to the 
mission of the National Security Agency, including mathematics, 
computer science, engineering, and foreign languages.
  [(b) The Secretary of Defense is authorized, in his 
discretion, to assign civilian employees of the National 
Security Agency as students at accredited professional, 
technical, and other institutions of higher learning for 
training at the undergraduate level in skills critical to 
effective performance of the mission of the Agency.
  [(c) The National Security Agency may pay, directly or by 
reimbursement to employees, expenses incident to assignments 
under subsection (b), in any fiscal year only to the extent 
that appropriated funds are available for such purpose.
  [(d)(1) To be eligible for assignment under subsection (b), 
an employee of the Agency must agree in writing--
          [(A) to continue in the service of the Agency for the 
        period of the assignment and to complete the 
        educational course of training for which the employee 
        is assigned;
          [(B) to continue in the service of the Agency 
        following completion of the assignment for a period of 
        one-and-a-half years for each year of the assignment or 
        part thereof;
          [(C) to reimburse the United States for the total 
        cost of education (excluding the employee's pay and 
        allowances) provided under this section to the employee 
        if, prior to the employee's completing the educational 
        course of training for which the employee is assigned, 
        the assignment or the employee's employment with the 
        Agency is terminated either by the Agency due to 
        misconduct by the employee or by the employee 
        voluntarily; and
          [(D) to reimburse the United States if, after 
        completing the educational course of training for which 
        the employee is assigned, the employee's employment 
        with the Agency is terminated either by the Agency due 
        to misconduct by the employee or by the employee 
        voluntarily, prior to the employee's completion of the 
        service obligation period described in subparagraph 
        (B), in an amount that bears the same ratio to the 
        total cost of the education (excluding the employee's 
        pay and allowances) provided to the employee as the 
        unserved portion of the service obligation period 
        described in subparagraph (B) bears to the total period 
        of the service obligation described in subparagraph 
        (B).
  [(2) Subject to paragraph (3), the obligation to reimburse 
the United States under an agreement described in paragraph 
(1), including interest due on such obligation, is for all 
purposes a debt owing the United States.
  [(3)(A) A discharge in bankruptcy under title 11, United 
States Code, shall not release a person from an obligation to 
reimburse the United States required under an agreement 
described in paragraph (1) if the final decree of the discharge 
in bankruptcy is issued within five years after the last day of 
the combined period of service obligation described in 
subparagraphs (A) and (B) of paragraph (1).
  [(B) The Secretary of Defense may release a person, in whole 
or in part, from the obligation to reimburse the United States 
under an agreement described in paragraph (1) when, in his 
discretion, the Secretary determines that equity or the 
interests of the United States so require.
  [(C) The Secretary of Defense shall permit an employee 
assigned under this section who, prior to commencing a second 
academic year of such assignment, voluntarily terminates the 
assignment or the employee's employment with the Agency, to 
satisfy his obligation under an agreement described in 
paragraph (1) to reimburse the United States by reimbursement 
according to a schedule of monthly payments which results in 
completion of reimbursement by a date five years after the date 
of termination of the assignment or employment or earlier at 
the option of the employee.
  [(e)(1) When an employee is assigned under this section to an 
institution, the Agency shall disclose to the institution to 
which the employee is assigned that the Agency employs the 
employee and that the Agency funds the employee's education.
  [(2) Agency efforts to recruit individuals at educational 
institutions for participation in the undergraduate training 
program established by this section shall be made openly and 
according to the common practices of universities and employers 
recruiting at such institutions.
  [(f) Chapter 41 of title 5 and subsections (a) and (b) of 
section 3324 of title 31, United States Code, shall not apply 
with respect to this section.
  [(g) The Secretary of Defense may issue such regulations as 
may be necessary to implement this section.
  [Sec. 18. (a) The Secretary of Defense may pay the expenses 
referred to in section 5742(b) of title 5, United States Code, 
in the case of any employee of the National Security Agency who 
dies while on a rotational tour of duty within the United 
States or while in transit to or from such tour of duty.
  [(b) For the purposes of this section, the term ``rotational 
tour of duty'', with respect to an employee, means a permanent 
change of station involving the transfer of the employee from 
the National Security Agency headquarters to another post of 
duty for a fixed period established by regulation to be 
followed at the end of such period by a permanent change of 
station involving a transfer of the employee back to such 
headquarters.]

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

SEC. 2. GENERAL PERSONNEL AUTHORITIES.

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

SEC. 3. PROTECTION OF IDENTITIES OF EMPLOYEES.

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

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

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

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

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

SEC. 10. LANGUAGE TRAINING FOR CRYPTOLOGIC PERSONNEL.

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

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

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

SEC. 12. SENIOR CRYPTOLOGIC EXECUTIVE SERVICE.

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

SEC. 13. GRANTS FOR CRYPTOLOGIC RESEARCH.

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

SEC. 14. AVAILABILITY OF CERTAIN APPROPRIATIONS.

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

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

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

SEC. 16. RECRUITMENT OF QUALIFIED PERSONNEL.

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

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

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


            SECTION 303 OF THE INTERNAL SECURITY ACT OF 1950

                       [termination of employment

  [Sec. 303. (a) Notwithstanding section 14 of the Act of June 
27, 1944, chapter 287, as amended (5 U.S.C. 863), section 1 of 
the Act of August 26, 1950, chapter 803, as amended (5 U.S.C. 
22-1), or any other provision of law, the Secretary may 
terminate the employment of any officer or employee of the 
Agency whenever he considers that action to be in the interest 
of the United States, and he determines that the procedures 
prescribed in other provisions of law that authorize the 
termination of the employment of that officer or employee 
cannot be invoked consistently with the national security. Such 
a determination is final.
  [(b) Termination of employment under this section shall not 
affect the right of the officer or employee involved to seek or 
accept employment with any other department or agency of the 
United States if he is declared eligible for such employment by 
the United States Civil Service Commission.
  [(c) Notwithstanding section 113(d) of title 10, United 
States Code, any authority vested in the Secretary of Defense 
by subsection (a) may be delegated only to the Deputy Secretary 
of Defense or the Director of the National Security Agency, or 
both.]
                              ----------                              


 SECTION 306 OF THE INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1996

[SEC. 306. SECRECY AGREEMENTS USED IN INTELLIGENCE ACTIVITIES.

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


          INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1995

          * * * * * * *

  TITLE VI--CONSTRUCTION OF FACILITIES FOR THE INTELLIGENCE COMMUNITY

          * * * * * * *

[SEC. 603. IDENTIFICATION OF CONSTITUENT COMPONENTS OF BASE 
                    INTELLIGENCE BUDGET.

  [The Director of Central Intelligence shall include the same 
level of budgetary detail for the Base Budget that is provided 
for Ongoing Initiatives and New Initiatives to the Permanent 
Select Committee on Intelligence of the House of 
Representatives and the Select Committee on Intelligence of the 
Senate in the congressional justification materials for the 
annual submission of the National Foreign Intelligence Program 
of each fiscal year.]
          * * * * * * *

              TITLE VIII--COUNTERINTELLIGENCE AND SECURITY

          * * * * * * *

[SEC. 811. COORDINATION OF COUNTERINTELLIGENCE ACTIVITIES.

  [(a) Establishment of Counterintelligence Policy Board.--
There is established within the executive branch of Government 
a National Counterintelligence Policy Board (in this section 
referred to as the ``Board''). The Board shall report to the 
President through the National Security Council.
  [(b) Function of the Board.--The Board shall serve as the 
principal mechanism for--
          [(1) developing policies and procedures for the 
        approval of the President to govern the conduct of 
        counterintelligence activities; and
          [(2) resolving conflicts, as directed by the 
        President, which may arise between elements of the 
        Government which carry out such activities.
  [(c) Coordination of Counterintelligence Matters With the 
Federal Bureau of Investigation.--(1) Except as provided in 
paragraph (3), the head of each department or agency within the 
executive branch shall ensure that--
          [(A) the Federal Bureau of Investigation is advised 
        immediately of any information, regardless of its 
        origin, which indicates that classified information is 
        being, or may have been, disclosed in an unauthorized 
        manner to a foreign power or an agent of a foreign 
        power;
          [(B) following a report made pursuant to subparagraph 
        (A), the Federal Bureau of Investigation is consulted 
        with respect to all subsequent actions which may be 
        undertaken by the department or agency concerned to 
        determine the source of such loss or compromise; and
          [(C) where, after appropriate consultation with the 
        department or agency concerned, the Federal Bureau of 
        Investigation undertakes investigative activities to 
        determine the source of the loss or compromise, the 
        Federal Bureau of Investigation is given complete and 
        timely access to the employees and records of the 
        department or agency concerned for purposes of such 
        investigative activities.
  [(2) Except as provided in paragraph (3), the Director of the 
Federal Bureau of Investigation shall ensure that espionage 
information obtained by the Federal Bureau of Investigation 
pertaining to the personnel, operations, or information of 
departments or agencies of the executive branch, is provided 
through appropriate channels to the department or agency 
concerned, and that such departments or agencies are consulted 
with respect to espionage investigations undertaken by the 
Federal Bureau of Investigation which involve the personnel, 
operations, or information of such department or agency after a 
report has been provided pursuant to paragraph (1)(A).
  [(3) Where essential to meet extraordinary circumstances 
affecting vital national security interests of the United 
States, the President may on a case-by-case basis waive the 
requirements of paragraph (1) or (2), as they apply to the head 
of a particular department or agency, or the Director of the 
Federal Bureau of Investigation. Such waiver shall be in 
writing and shall fully state the justification for such 
waiver. Within thirty days, the President shall notify the 
Select Committee on Intelligence of the Senate and the 
Permanent Select Committee on Intelligence of the House of 
Representatives that such waiver has been issued, and at that 
time or as soon as national security considerations permit, 
provide these committees with a complete explanation of the 
circumstances which necessitated such waiver.
  [(4) The Director of the Federal Bureau of Investigation 
shall, in consultation with the Director of Central 
Intelligence and the Secretary of Defense, report annually, 
beginning on February 1, 1995, and continuing each year 
thereafter, to the Select Committee on Intelligence of the 
Senate and to the Permanent Select Committee on Intelligence of 
the House of Representatives and, in accordance with applicable 
security procedures, the Committees on the Judiciary of the 
House of Representatives and the Senate with respect to 
compliance with paragraphs (1) and (2) during the previous 
calendar year.
  [(5) Nothing in this section may be construed to alter the 
existing jurisdictional arrangements between the Federal Bureau 
of Investigation and the Department of Defense with respect to 
investigations of persons subject to the Uniform Code of 
Military Justice, nor to impose additional reporting 
requirements upon the Department of Defense with respect to 
such investigations beyond those required by existing law and 
executive branch policy.
  [(6) As used in this section, the terms ``foreign power'' and 
``agent of a foreign power'' have the same meanings as set 
forth in sections 101 (a) and (b), respectively, of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).]
                              ----------                              


 SECTION 403 OF THE INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1992

[SEC. 403. INTELLIGENCE COMMUNITY CONTRACTING.

  [The Director of Central Intelligence shall direct that 
elements of the Intelligence Community, whenever compatible 
with the national security interests of the United States and 
consistent with the operational and security concerns related 
to the conduct of intelligence activities, and where fiscally 
sound, shall award contracts in a manner that would maximize 
the procurement of products in the United States. For purposes 
of this provision, the term ``Intelligence Community'' has the 
same meaning as set forth in paragraph 3.4(f) of Executive 
Order 12333, dated December 4, 1981, or successor orders.]
                              ----------                              

          * * * * * * *

   SECTION 8154 OF THE DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 1995

  [Sec. 8154. (a) None of the funds available to the Department 
of Defense for any fiscal year for drug interdiction or 
counter-drug activities may be transferred to any other 
department or agency of the United States except as 
specifically provided in an appropriations law.
  [(b) None of the funds available to the Central Intelligence 
Agency for any fiscal year for drug interdiction and counter-
drug activities may be transferred to any other department or 
agency of the United States except as specifically provided in 
an appropriations law.]
                              ----------                              


   SECTION 8107 OF THE DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 1994

                          [(transfer of funds)

  [Sec. 8107. During the current fiscal year and thereafter, no 
funds may be made available through transfer, reprogramming, or 
other means between the Central Intelligence Agency and the 
Department of Defense for any intelligence or special activity 
different from that previously justified to the Congress unless 
the Director of Central Intelligence or the Secretary of 
Defense has notified the House and Senate Appropriations 
Committees of the intent to make such funds available for such 
activity.]

                                
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