H.R. 3259 (104th): Intelligence Authorization Act for Fiscal Year 1997

104th Congress, 1995–1996. Text as of Sep 17, 1996 (Passed the Senate (Engrossed) with an Amendment).

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HR 3259 EAS

In the Senate of the United States,

September 17, 1996.

Resolved, That the bill from the House of Representatives (H.R. 3259) entitled ‘An Act to authorize appropriations for fiscal year 1997 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes.’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) SHORT TITLE- This Act may be cited as the ‘Intelligence Authorization Act for Fiscal Year 1997’.

    (b) TABLE OF CONTENTS- The table of contents for this Act is as follows:

      Sec. 1. Short title; table of contents.

TITLE I--INTELLIGENCE ACTIVITIES

      Sec. 101. Authorization of appropriations.

      Sec. 102. Classified schedule of authorizations.

      Sec. 103. Personnel ceiling adjustments.

      Sec. 104. Community Management Account.

TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

      Sec. 201. Authorization of appropriations.

TITLE III--GENERAL PROVISIONS

      Sec. 301. Increase in employee compensation and benefits authorized by law.

      Sec. 302. Restriction on conduct of intelligence activities.

      Sec. 303. Postponement of applicability of sanctions laws to intelligence activities.

      Sec. 304. Post-employment restrictions.

      Sec. 305. Executive branch oversight of budgets of elements of the intelligence community.

TITLE IV--FEDERAL BUREAU OF INVESTIGATION

      Sec. 401. Access to telephone records.

TITLE V--ECONOMIC ESPIONAGE

      Sec. 501. Short title.

      Sec. 502. Prevention of economic espionage and protection of proprietary economic information.

TITLE VI--COMBATTING PROLIFERATION

      Sec. 601. Short title.

Subtitle A--Assessment of Organization and Structure of Government for Combatting Proliferation

      Sec. 611. Establishment of commission.

      Sec. 612. Duties of commission.

      Sec. 613. Powers of commission.

      Sec. 614. Commission personnel matters.

      Sec. 615. Termination of commission.

      Sec. 616. Definition.

      Sec. 617. Authorization of appropriations.

Subtitle B--Other Matters

      Sec. 621. Reports on acquisition of technology relating to weapons of mass destruction and advanced conventional munitions.

TITLE VII--RENEWAL AND REFORM OF INTELLIGENCE ACTIVITIES

      Sec. 701. Short title.

      Sec. 702. Committee on Foreign Intelligence.

      Sec. 703. Annual reports on intelligence.

      Sec. 704. Transnational threats.

      Sec. 705. Office of the Director of Central Intelligence.

      Sec. 706. National Intelligence Council.

      Sec. 707. Enhancement of authority of Director of Central Intelligence to manage budget, personnel, and activities of intelligence community.

      Sec. 708. Responsibilities of Secretary of Defense pertaining to the National Foreign Intelligence Program.

      Sec. 709. Improvement of intelligence collection.

      Sec. 710. Improvement of analysis and production of intelligence.

      Sec. 711. Improvement of administration of intelligence activities.

      Sec. 712. Pay level of Assistant Directors of Central Intelligence.

      Sec. 713. General Counsel of the Central Intelligence Agency.

      Sec. 714. Office of Congressional Affairs of the Director of Central Intelligence.

      Sec. 715. Assistance for law enforcement agencies by intelligence community.

      Sec. 716. Appointment and evaluation of officials responsible for intelligence-related activities.

      Sec. 717. Requirements for submittal of budget information on intelligence activities.

      Sec. 718. Report on intelligence community policy on protecting the national information infrastructure against strategic attacks.

TITLE VIII--NATIONAL IMAGERY AND MAPPING AGENCY

      Sec. 801. National mission and collection tasking authority for the National Imagery and Mapping Agency.

TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 1997 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government:

      (1) The Central Intelligence Agency.

      (2) The Department of Defense.

      (3) The Defense Intelligence Agency.

      (4) The National Security Agency.

      (5) The Department of the Army, the Department of the Navy, and the Department of the Air Force.

      (6) The Department of State.

      (7) The Department of Treasury.

      (8) The Department of Energy.

      (9) The Federal Bureau of Investigation.

      (10) The Drug Enforcement Administration.

      (11) The National Reconnaissance Office.

      (12) The Central Imagery Office.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

    (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL CEILINGS- The amounts authorized to be appropriated under section 101, and the authorized personnel ceilings as of September 30, 1997, for the conduct of the intelligence and intelligence-related activities of the elements listed in such section, are those specified in the classified Schedule of Authorizations prepared to accompany the conference report on the bill XX of the One Hundred Fourth Congress.

    (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AUTHORIZATIONS- The Schedule of Authorizations shall be made available to the Committees on Appropriations of the Senate and House of Representatives and to the President. The President shall provide for suitable distribution of the Schedule, or of appropriate portions of the Schedule, within the executive branch.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

    (a) AUTHORITY FOR ADJUSTMENTS- With the approval of the Director of the Office of Management and Budget, the Director of Central Intelligence may authorize employment of civilian personnel in excess of the number authorized for fiscal year 1997 under section 102 when the Director of Central Intelligence determines that such action is necessary to the performance of important intelligence functions, except that the number of personnel employed in excess of the number authorized under such section may not, for any element of the intelligence community, exceed two percent of the number of civilian personnel authorized under such section for such element.

    (b) NOTICE TO INTELLIGENCE COMMITTEES- The Director of Central Intelligence shall promptly notify the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate whenever he exercises the authority granted by this section.

SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

    (a) AUTHORIZATIONS OF APPROPRIATIONS- There is authorized to be appropriated for the Community Management Account of the Director of Central Intelligence for fiscal year 1997 the sum of $95,526,000. Within such amounts authorized, funds identified in the classified Schedule of Authorizations referred to in section 102(a) for the Advanced Research and Development Committee and the Environmental Task Force shall remain available until September 30, 1998.

    (b) AUTHORIZED PERSONNEL LEVELS- The staff of the Community Management Account of the Director of Central Intelligence is authorized 265 full-time personnel as of September 30, 1997. Such personnel of the Community Management Staff may be permanent employees of the Community Management Staff or personnel detailed from other elements of the United States Government.

    (c) REIMBURSEMENT- During fiscal year 1997, any officer or employee of the United States or member of the Armed Forces who is detailed to the staff of the Community Management Account from another element of the United States Government shall be detailed on a reimbursable basis, except that any such officer, employee, or member may be detailed on a non-reimbursable basis for a period of less than one year for the performance of temporary functions as required by the Director of Central Intelligence.

TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 1997 the sum of $184,200,000.

TITLE III--GENERAL PROVISIONS

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY LAW.

    Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law.

SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

    The authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or the laws of the United States.

SEC. 303. POSTPONEMENT OF APPLICABILITY OF SANCTIONS LAWS TO INTELLIGENCE ACTIVITIES.

    Section 905 of the National Security Act of 1947 (50 U.S.C. 441d) is amended by striking ‘the date which is one year after the date of the enactment of this title’ and inserting ‘January 6, 1998’.

SEC. 304. POST-EMPLOYMENT RESTRICTIONS.

    (a) IN GENERAL- Not later than 90 days after the date of enactment of this Act, the Director of Central Intelligence shall prescribe regulations requiring each new and current employee of the Central Intelligence Agency to sign a written agreement restricting the activities of that employee upon ceasing employment with the Central Intelligence Agency.

    (b) AGREEMENT ELEMENTS- The regulations shall provide that an agreement contain provisions specifying that the employee concerned not represent or advise the government, or any political party, of a foreign country during the five-year period beginning on the termination of the employee’s employment with the Central Intelligence Agency.

    (c) DISCIPLINARY ACTIONS- The regulations shall specify appropriate disciplinary actions (including loss of retirement benefits) to be taken against any employee determined by the Director of Central Intelligence to have violated the agreement of the employee under this section.

SEC. 305. EXECUTIVE BRANCH OVERSIGHT OF BUDGETS OF ELEMENTS OF THE INTELLIGENCE COMMUNITY.

    (a) REPORT- Not later than 90 days after the date of the enactment of this Act, the President shall submit to the congressional intelligence committees a report setting forth the actions that have been taken to ensure adequate oversight by the executive branch of the budget of the National Reconnaissance Office and the budgets of other elements of the intelligence community within the Department of Defense.

    (b) REPORT ELEMENTS- The report required by subsection (a) shall--

      (1) describe the extent to which the elements of the intelligence community carrying out programs and activities in the National Foreign Intelligence Program are subject to requirements imposed on other elements and components of the Department of Defense under the Chief Financial Officers Act of 1990 (Public Law 101-576), and the amendments made by that Act, and the Federal Financial Management Act of 1994 (title IV of Public Law 103-356), and the amendments made by that Act;

      (2) describe the extent to which such elements submit to the Office of Management and Budget budget justification materials and execution reports similar to the budget justification materials and execution reports submitted to the Office of Management and Budget by the non-intelligence components of the Department of Defense;

      (3) describe the extent to which the National Reconnaissance Office submits to the Office of Management and Budget, the Community Management Staff, and the Office of the Secretary of Defense--

        (A) complete information on the cost, schedule, performance, and requirements for any new major acquisition before initiating the acquisition;

        (B) yearly reports (including baseline cost and schedule information) on major acquisitions;

        (C) planned and actual expenditures in connection with major acquisitions; and

        (D) variances from any cost baselines for major acquisitions (including explanations of such variances); and

      (4) assess the extent to which the National Reconnaissance Office has submitted to Office of Management and Budget, the Community Management Staff, and the Office of the Secretary of Defense on a monthly basis a detailed budget execution report similar to the budget execution report prepared for Department of Defense programs.

    (c) DEFINITIONS- For purposes of this section:

      (1) The term ‘congressional intelligence committees’ shall mean the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.

      (2) The term ‘National Foreign Intelligence Program’ has the meaning given such term in section 3(6) of the National Security Act of 1947 (50 U.S.C. 401a(6)).

TITLE IV--FEDERAL BUREAU OF INVESTIGATION

SEC. 401. ACCESS TO TELEPHONE RECORDS.

    (a) ACCESS FOR COUNTERINTELLIGENCE PURPOSES- Section 2709(b)(1) of title 18, United States Code, is amended by inserting ‘local and long distance’ before ‘toll billing records’.

    (b) CONFORMING AMENDMENT- Section 2703(c)(1)(C) of such title is amended by inserting ‘local and long distance’ after ‘address,’.

    (c) CIVIL REMEDY- Section 2707 of such title is amended--

      (1) in subsection (a), by striking ‘customer’ and inserting ‘other person’;

      (2) in subsection (c), by adding at the end the following: ‘If the violation is willful or intentional, the court may assess punitive damages. In the case of a successful action to enforce liability under this section, the court may assess the costs of the action, together with reasonable attorney fees determined by the court.’;

      (3) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and

      (4) by inserting after subsection (c) the following new subsection (d):

    ‘(d) DISCIPLINARY ACTIONS FOR VIOLATIONS- If a court determines that any agency or department of the United States has violated this chapter and the court finds that the circumstances surrounding the violation raise the question whether or not an officer or employee of the agency or department acted willfully or intentionally with respect to the violation, the agency or department concerned shall promptly initiate a proceeding to determine whether or not disciplinary action is warranted against the officer or employee.’.

TITLE V--ECONOMIC ESPIONAGE

SEC. 501. SHORT TITLE.

    This title may be cited as the ‘Economic Espionage Act of 1996’.

SEC. 502. PREVENTION OF ECONOMIC ESPIONAGE AND PROTECTION OF PROPRIETARY ECONOMIC INFORMATION.

    (a) IN GENERAL- Part I of title 18, United States Code, is amended by inserting after chapter 27 the following new chapter:

‘CHAPTER 28--ECONOMIC ESPIONAGE

‘Sec.

      ‘571. Definitions.

      ‘572. Economic espionage.

      ‘573. Criminal forfeiture.

      ‘574. Import and export sanctions.

      ‘575. Scope of extraterritorial jurisdiction.

      ‘576. Construction with other laws.

      ‘577. Preservation of confidentiality.

      ‘578. Law enforcement and intelligence activities.

‘Sec. 571. Definitions

    ‘For purposes of this chapter, the following definitions shall apply:

      ‘(1) FOREIGN AGENT- The term ‘foreign agent’ means any officer, employee, proxy, servant, delegate, or representative of a foreign nation or government.

      ‘(2) FOREIGN INSTRUMENTALITY- The term ‘foreign instrumentality’ means any agency, bureau, ministry, component, institution, association, or any legal, commercial, or business organization, corporation, firm, or entity that is substantially owned, controlled, sponsored, commanded, managed, or dominated by a foreign government or any political subdivision, instrumentality, or other authority thereof.

      ‘(3) OWNER- The term ‘owner’ means the person or persons in whom, or the United States Government component, department, or agency in which, rightful legal, beneficial, or equitable title to, or license in, proprietary economic information is reposed.

      ‘(4) PROPRIETARY ECONOMIC INFORMATION- The term ‘proprietary economic information’ means all forms and types of financial, business, scientific, technical, economic, or engineering information (including data, plans, tools, mechanisms, compounds, formulas, designs, prototypes, processes, procedures, programs, codes, or commercial strategies, whether tangible or intangible, and whether stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing), if--

        ‘(A) the owner thereof has taken reasonable measures to keep such information confidential; and

        ‘(B) the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by, the public.

      ‘(5) UNITED STATES PERSON- The term ‘United States person’ means--

        ‘(A) in the case of a natural person, a citizen of the United States or a permanent resident alien of the United States; and

        ‘(B) in the case of an organization (as that term is defined in section 18 of this title), an entity substantially owned or controlled by citizens of the United States or permanent resident aliens of the United States, or incorporated in the United States.

‘Sec. 572. Economic espionage

    ‘(a) IN GENERAL- Any person who, with knowledge or reason to believe that he or she is acting on behalf of, or with the intent to benefit, any foreign nation, government, instrumentality, or agent, knowingly--

      ‘(1) steals, wrongfully appropriates, takes, carries away, or conceals, or by fraud, artifice, or deception obtains proprietary economic information;

      ‘(2) wrongfully copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys proprietary economic information;

      ‘(3) being entrusted with, or having lawful possession or control of, or access to, proprietary economic information, wrongfully copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys the same;

      ‘(4) receives, buys, or possesses proprietary economic information, knowing the same to have been stolen or wrongfully appropriated, obtained, or converted;

      ‘(5) attempts to commit any offense described in any of paragraphs (1) through (4);

      ‘(6) wrongfully solicits another to commit any offense described in any of paragraphs (1) through (4); or

      ‘(7) conspires with one or more other persons to commit any offense described in any of paragraphs (1) through (4), and one or more of such persons do any act to effect the object of the conspiracy,

    shall, except as provided in subsection (b), be fined not more than $500,000 or imprisoned not more than 25 years, or both.

    ‘(b) ORGANIZATIONS- Any organization that commits any offense described in subsection (a) shall be fined not more than $10,000,000.

    ‘(c) EXCEPTION- It shall not be a violation of this section to disclose proprietary economic information in the case of--

      ‘(1) appropriate disclosures to Congress; or

      ‘(2) disclosures to an authorized official of an executive agency that are deemed essential to reporting a violation of United States law.

‘Sec. 573. Criminal forfeiture

    ‘(a) IN GENERAL- Notwithstanding any provision of State law to the contrary, any person convicted of a violation under this chapter shall forfeit to the United States--

      ‘(1) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and

      ‘(2) any of the property of that person used, or intended to be used, in any manner or part, to commit or facilitate the commission of such violation.

    ‘(b) COURT ACTION- The court, in imposing sentence on such person, shall order, in addition to any other sentence imposed pursuant to this chapter, that the person forfeit to the United States all property described in this section.

    ‘(c) APPLICABILITY OF OTHER LAW- Property subject to forfeiture under this section, any seizure and disposition thereof, and any administrative or judicial proceeding in relation thereto, shall be governed by the provisions of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), other than subsection (d) of that section.

‘Sec. 574. Import and export sanctions

    ‘(a) ACTION BY THE PRESIDENT- The President may, to the extent consistent with international agreements to which the United States is a party, prohibit, for a period of not longer than 5 years, the importation into, or exportation from, the United States, whether by carriage of tangible items or by transmission, any merchandise produced, made, assembled, or manufactured by a person convicted of any offense described in section 572 of this title, or in the case of an organization convicted of any offense described in such section, its successor entity or entities.

    ‘(b) ACTION BY THE SECRETARY OF THE TREASURY-

      ‘(1) CIVIL PENALTY- The Secretary of the Treasury may impose on any person who knowingly violates any order of the President issued under the authority of this section, a civil penalty equal to not more than 5 times the value of the exports or imports involved, or $100,000, whichever is greater.

      ‘(2) SEIZURE AND FORFEITURE- Any merchandise imported or exported in violation of an order of the President issued under this section shall be subject to seizure and forfeiture in accordance with sections 602 through 619 of the Tariff Act of 1930.

      ‘(3) APPLICABILITY OF OTHER PROVISIONS- The provisions of law relating to seizure, summary and judicial forfeiture, and condemnation of property for violation of the United States customs laws, the disposition of such property or the proceeds from the sale thereof, the remission or mitigation of such forfeiture, and the compromise of claims, shall apply to seizures and forfeitures incurred, or alleged to have been incurred under this section to the extent that they are applicable and not inconsistent with the provisions of this chapter.

‘Sec. 575. Scope of extraterritorial jurisdiction

    ‘This chapter applies--

      ‘(1) to conduct occurring within the United States; and

      ‘(2) to conduct occurring outside the United States if--

        ‘(A) the offender is a United States person; or

        ‘(B) the act in furtherance of the offense was committed in the United States.

‘Sec. 576. Construction with other laws

    ‘This chapter shall not be construed to preempt or displace any other remedies, whether civil or criminal, provided by Federal, State, commonwealth, possession, or territorial laws that are applicable to the misappropriation of proprietary economic information.

‘Sec. 577. Preservation of confidentiality

    ‘In any prosecution or other proceeding under this chapter, the court shall enter such orders and take such other action as may be necessary and appropriate to preserve the confidentiality of proprietary economic information, consistent with the requirements of the Federal Rules of Criminal Procedure, the Federal Rules of Civil Procedure, the Federal Rules of Evidence, and all other applicable laws. An interlocutory appeal by the United States shall lie from a decision or order of a district court authorizing or directing the disclosure of proprietary economic information.

‘Sec. 578. Law enforcement and intelligence activities

    ‘This chapter does not prohibit, and shall not impair, any lawful activity conducted by a law enforcement or regulatory agency of the United States, a State, or a political subdivision of a State, or an intelligence agency of the United States.’.

    (b) CLERICAL AMENDMENT- The table of chapters at the beginning of part I of title 18, United States Code, is amended by inserting after the item relating to chapter 27 the following new item:

571’.

    (c) CONFORMING AMENDMENT- Section 2516(1)(a) of title 18, United States Code, is amended by inserting ‘chapter 28 (relating to economic espionage),’ after ‘or under the following chapters of this title:’.

TITLE VI--COMBATTING PROLIFERATION

SEC. 601. SHORT TITLE.

    This title may be cited as the ‘Combatting Proliferation of Weapons of Mass Destruction Act of 1996’.

Subtitle A--Assessment of Organization and Structure of Government for Combatting Proliferation

SEC. 611. ESTABLISHMENT OF COMMISSION.

    (a) ESTABLISHMENT- There is established a commission to be known as the Commission to Assess the Organization of the Federal Government to Combat the Proliferation of Weapons of Mass Destruction (in this subtitle referred to as the ‘Commission’).

    (b) MEMBERSHIP- The Commission shall be composed of eight members of whom--

      (1) four shall be appointed by the President;

      (2) one shall be appointed by the Majority Leader of the Senate;

      (3) one shall be appointed by the Minority Leader of the Senate;

      (4) one shall be appointed by the Speaker of the House of Representatives; and

      (5) one shall be appointed by the Minority Leader of the House of Representatives.

    (c) QUALIFICATIONS OF MEMBERS- (1) To the maximum extent practicable, the individuals appointed as members of the Commission shall be individuals who are nationally recognized for expertise regarding--

      (A) the nonproliferation of weapons of mass destruction;

      (B) the efficient and effective implementation of United States nonproliferation policy; or

      (C) the implementation, funding, or oversight of the national security policies of the United States.

    (2) An official who appoints members of the Commission may not appoint an individual as a member if, in the judgment of the official, the individual possesses any personal or financial interest in the discharge of any of the duties of the Commission.

    (d) PERIOD OF APPOINTMENT; VACANCIES- Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment.

    (e) INITIAL MEETING- No later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting.

    (f) QUORUM- A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.

    (g) CHAIRMAN AND VICE CHAIRMAN- The Commission shall select a Chairman and Vice Chairman from among its members.

    (h) MEETINGS- The Commission shall meet at the call of the Chairman.

SEC. 612. DUTIES OF COMMISSION.

    (a) STUDY-

      (1) IN GENERAL- The Commission shall carry out a thorough study of the organization of the Federal Government, including the elements of the intelligence community, with respect to combatting the proliferation of weapons of mass destruction.

      (2) SPECIFIC REQUIREMENTS- In carrying out the study, the Commission shall--

        (A) assess the current structure and organization of the departments and agencies of the Federal Government having responsibilities for combatting the proliferation of weapons of mass destruction; and

        (B) assess the effectiveness of United States cooperation with foreign governments with respect to nonproliferation activities, including cooperation--

          (i) between elements of the intelligence community and elements of the intelligence-gathering services of foreign governments;

          (ii) between other departments and agencies of the Federal Government and the counterparts to such departments and agencies in foreign governments; and

          (iii) between the Federal Government and international organizations.

      (3) ASSESSMENTS- In making the assessments under paragraph (2), the Commission should address--

        (A) the organization of the export control activities (including licensing and enforcement activities) of the Federal Government relating to the proliferation of weapons of mass destruction;

        (B) arrangements for coordinating the funding of United States nonproliferation activities;

        (C) existing arrangements governing the flow of information among departments and agencies of the Federal Government responsible for nonproliferation activities;

        (D) the effectiveness of the organization and function of interagency groups in ensuring implementation of United States treaty obligations, laws, and policies with respect to nonproliferation;

        (E) the administration of sanctions for purposes of nonproliferation, including the measures taken by departments and agencies of the Federal Government to implement, assess, and enhance the effectiveness of such sanctions;

        (F) the organization, management, and oversight of United States counterproliferation activities;

        (G) the recruitment, training, morale, expertise, retention, and advancement of Federal Government personnel responsible for the nonproliferation functions of the Federal Government, including any problems in such activities;

        (H) the role in United States nonproliferation activities of the National Security Council, the Office of Management and Budget, the Office of Science and Technology Policy, and other offices in the Executive Office of the President having responsibilities for such activities;

        (I) the organization of the activities of the Federal Government to verify government-to-government assurances and commitments with respect to nonproliferation, including assurances regarding the future use of commodities exported from the United States; and

        (J) the costs and benefits to the United States of increased centralization and of decreased centralization in the administration of the nonproliferation activities of the Federal Government.

    (b) RECOMMENDATIONS- In conducting the study, the Commission shall develop recommendations on means of improving the effectiveness of the organization of the departments and agencies of the Federal Government in meeting the national security interests of the United States with respect to the proliferation of weapons of mass destruction. Such recommendations shall include specific recommendations to eliminate duplications of effort, and other inefficiencies, in and among such departments and agencies.

    (c) REPORT- (1) Not later than 18 months after the date of the enactment of this Act, the Commission shall submit to Congress a report containing a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as it considers appropriate.

    (2) The report shall be submitted in unclassified form, but may include a classified annex.

SEC. 613. POWERS OF COMMISSION.

    (a) HEARINGS- The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the purposes of this subtitle.

    (b) INFORMATION FROM FEDERAL AGENCIES-

      (1) IN GENERAL- The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this subtitle. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission.

      (2) CLASSIFIED INFORMATION- A department or agency may furnish the Commission classified information under this subsection. The Commission shall take appropriate actions to safeguard classified information furnished to the Commission under this paragraph.

    (c) POSTAL SERVICES- The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.

    (d) GIFTS- The Commission may accept, use, and dispose of gifts or donations of services or property.

SEC. 614. COMMISSION PERSONNEL MATTERS.

    (a) COMPENSATION OF MEMBERS- Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States.

    (b) TRAVEL EXPENSES- The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.

    (c) STAFF-

      (1) IN GENERAL- The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission.

      (2) COMPENSATION- The Chairman of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.

    (d) DETAIL OF GOVERNMENT EMPLOYEES- Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.

    (e) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES- The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.

SEC. 615. TERMINATION OF COMMISSION.

    The Commission shall terminate 60 days after the date on which the Commission submits its report under section 612(c).

SEC. 616. DEFINITION.

    For purposes of this subtitle, the term ‘intelligence community’ shall have the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).

SEC. 617. AUTHORIZATION OF APPROPRIATIONS.

    (a) IN GENERAL- There are authorized to be appropriated for the Commission for fiscal year 1997 such sums as may be necessary for the Commission to carry out its duties under this subtitle.

    (b) AVAILABILITY- Amounts appropriated pursuant to the authorization of appropriations in subsection (a) shall remain available for expenditure until the termination of the Commission under section 615.

Subtitle B--Other Matters

SEC. 621. REPORTS ON ACQUISITION OF TECHNOLOGY RELATING TO WEAPONS OF MASS DESTRUCTION AND ADVANCED CONVENTIONAL MUNITIONS.

    (a) REPORTS- Not later than 6 months after the date of the enactment of this Act, and every 6 months thereafter, the Director of Central Intelligence shall submit to Congress a report on--

      (1) the acquisition by foreign countries during the preceding 6 months of dual-use and other technology useful for the development or production of weapons of mass destruction (including nuclear weapons, chemical weapons, and biological weapons) and advanced conventional munitions; and

      (2) trends in the acquisition of such technology by such countries.

    (b) FORM OF REPORTS- The reports submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex.

TITLE VII--RENEWAL AND REFORM OF INTELLIGENCE ACTIVITIES

SEC. 701. SHORT TITLE.

    This title may be cited as the ‘Intelligence Activities Renewal and Reform Act of 1996’.

SEC. 702. COMMITTEE ON FOREIGN INTELLIGENCE.

    Section 101 of the National Security Act of 1947 (50 U.S.C. 402) is amended--

      (1) by redesignating subsection (h) as subsection (j); and

      (2) by inserting after subsection (g) the following new subsection (h):

    ‘(h)(1) There is established within the National Security Council a committee to be known as the ‘Committee on Foreign Intelligence’.

    ‘(2) The Committee shall be composed of the following:

      ‘(A) The Director of Central Intelligence.

      ‘(B) The Secretary of State.

      ‘(C) The Secretary of Defense.

      ‘(D) The Assistant to the President for National Security Affairs, who shall serve as the chairperson of the Committee.

      ‘(E) Such other members as the President may designate.

    ‘(3) The function of the Committee shall be to assist the Council in its activities by--

      ‘(A) identifying the intelligence required to address the national security interests of the United States as specified by the President;

      ‘(B) establishing priorities (including funding priorities) among the programs, projects, and activities that address such interests and requirements; and

      ‘(C) establishing policies relating to the conduct of intelligence activities of the United States, including appropriate roles and missions for the elements of the intelligence community and appropriate targets of intelligence collection activities.

    ‘(4) In carrying out its function, the Committee shall--

      ‘(A) conduct an annual review of the national security interests of the United States;

      ‘(B) identify on an annual basis, and at such other times as the Council may require, the intelligence required to meet such interests and establish an order of priority for the collection and analysis of such intelligence; and

      ‘(C) conduct an annual review of the elements of the intelligence community in order to determine the success of such elements in collecting, analyzing, and disseminating the intelligence identified under subparagraph (B).

    ‘(5) The Committee shall submit each year to the Council and to the Director of Central Intelligence a comprehensive report on its activities during the preceding year, including its activities under paragraphs (3) and (4).’.

SEC. 703. ANNUAL REPORTS ON INTELLIGENCE.

    (a) IN GENERAL- Section 109 of the National Security Act of 1947 (50 U.S.C. 404d) is amended by striking out subsections (a) and (b) and inserting in lieu thereof the following new subsections:

    ‘SEC. 109. (a) IN GENERAL- (1) Not later than January 31 each year, the President shall submit to the appropriate congressional committees a report on the requirements of the United States for intelligence and the activities of the intelligence community.

    ‘(2) The purpose of the report is to facilitate an assessment of the activities of the intelligence community during the preceding fiscal year and to assist in the development of a mission and a budget for the intelligence community for the fiscal year beginning in the year in which the report is submitted.

    ‘(3) The report shall be submitted in unclassified form, but may include a classified annex.

    ‘(b) MATTERS COVERED- (1) Each report under subsection (a) shall--

      ‘(A) specify the intelligence required to meet the national security interests of the United States, and set forth an order of priority for the collection and analysis of intelligence required to meet such interests, for the fiscal year beginning in the year in which the report is submitted; and

      ‘(B) evaluate the performance of the intelligence community in collecting and analyzing intelligence required to meet such interests during the fiscal year ending in the year preceding the year in which the report is submitted, including a description of the significant successes and significant failures of the intelligence community in such collection and analysis during that fiscal year.

    ‘(2) The report shall specify matters under paragraph (1)(A) in sufficient detail to assist Congress in making decisions with respect to the allocation of resources for the matters specified.

    ‘(c) DEFINITION- In this section, the term ‘appropriate congressional committees’ means the following:

      ‘(1) The Select Committee on Intelligence, the Committee on Appropriations, and the Committee on Armed Services of the Senate.

      ‘(2) The Permanent Select Committee on Intelligence, the Committee on Appropriations, and the Committee on National Security of the House of Representatives.’.

    (b) CONFORMING AMENDMENTS- (1) The section heading of such section is amended to read as follows:

‘ANNUAL REPORT ON INTELLIGENCE’.

    (2) The table of contents in the first section of that Act is amended by striking the item relating to section 109 and inserting the following new item:

      ‘Sec. 109. Annual report on intelligence.’.

SEC. 704. TRANSNATIONAL THREATS.

    Section 101 of the National Security Act of 1947 (50 U.S.C. 402) is amended by inserting after subsection (h), as amended by section 702 of this Act, the following new subsection:

    ‘(i)(1) There is established within the National Security Council a committee to be known as the ‘Committee on Transnational Threats’.

    ‘(2) The Committee shall include the following members:

      ‘(A) The Director of Central Intelligence.

      ‘(B) The Secretary of State.

      ‘(C) The Secretary of Defense.

      ‘(D) The Attorney General.

      ‘(E) The Assistant to the President for National Security Affairs, who shall serve as the chairperson of the Committee.

      ‘(F) Such other members as the President may designate.

    ‘(3) The function of the Committee shall be to coordinate and direct the activities of the United States Government relating to combatting transnational threats.

    ‘(4) In carrying out its function, the Committee shall--

      ‘(A) identify transnational threats;

      ‘(B) develop strategies to enable the United States Government to respond to transnational threats identified under subparagraph (A);

      ‘(C) monitor implementation of such strategies;

      ‘(D) make recommendations as to appropriate responses to specific transnational threats;

      ‘(E) assist in the resolution of operational and policy differences among Federal departments and agencies in their responses to transnational threats;

      ‘(F) develop policies and procedures to ensure the effective sharing of information about transnational threats among Federal departments and agencies, including law enforcement agencies and the elements of the intelligence community; and

      ‘(G) develop guidelines to enhance and improve the coordination of activities of Federal law enforcement agencies and elements of the intelligence community outside the United States with respect to transnational threats.

    ‘(5) For purposes of this subsection, the term ‘transnational threat’ means the following:

      ‘(A) Any transnational activity (including international terrorism, narcotics trafficking, the proliferation of weapons of mass destruction and the delivery systems for such weapons, and organized crime) that threatens the national security of the United States.

      ‘(B) Any individual or group that engages in an activity referred to in subparagraph (A).’.

SEC. 705. OFFICE OF THE DIRECTOR OF CENTRAL INTELLIGENCE.

    (a) IN GENERAL- Title I of The National Security Act of 1947 (50 U.S.C. 402 et seq.) is amended--

      (1) in section 102 (50 U.S.C. 403)--

        (A) by striking the section heading and all that follows through paragraph (1) of subsection (a) and inserting the following:

‘OFFICE OF THE DIRECTOR OF CENTRAL INTELLIGENCE

    ‘SEC. 102.’;

        (B) by redesignating paragraph (2) of subsection (a) as subsection (a) and in such subsection (a), as so redesignated, by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively; and

        (C) by striking subsection (d) and inserting the following:

    ‘(d)(1) There is an Office of the Director of Central Intelligence. The function of the Office is to assist the Director of Central Intelligence in carrying out the duties and responsibilities of the Director under this Act and to carry out such other duties as may be prescribed by law.

    ‘(2) The Office of the Director of Central Intelligence is composed of the following:

      ‘(A) The Director of Central Intelligence.

      ‘(B) The Deputy Director of Central Intelligence.

      ‘(C) The National Intelligence Council.

      ‘(D) The Assistant Director of Central Intelligence for Collection.

      ‘(E) The Assistant Director of Central Intelligence for Analysis and Production.

      ‘(F) The Assistant Director of Central Intelligence for Administration.

      ‘(G) Such other offices and officials as may be established by law or the Director of Central Intelligence may establish or designate in the Office.

    ‘(3) To assist the Director in fulfilling the responsibilities of the Director as head of the intelligence community, the Director shall employ and utilize in the Office of the Director of Central Intelligence a professional staff having an expertise in matters relating to such responsibilities and may establish permanent positions and appropriate rates of pay with respect to that staff.’; and

      (2) by inserting after section 102, as so amended, the following new section:

‘CENTRAL INTELLIGENCE AGENCY

    ‘SEC. 102A. There is a Central Intelligence Agency. The function of the Agency shall be to assist the Director of Central Intelligence in carrying out the responsibilities referred to in paragraphs (1) through (4) of section 103(d) of this Act.’.

    (b) CLERICAL AMENDMENT- The table of contents in the first section of that Act is amended by striking the item relating to section 102 and inserting the following new items:

      ‘Sec. 102. Office of the Director of Central Intelligence.

      ‘Sec. 102A. Central Intelligence Agency.’.

SEC. 706. NATIONAL INTELLIGENCE COUNCIL.

    Section 103(b) of the National Security Act of 1947 (50 U.S.C. 403-3(b)) is amended--

      (1) in paragraph (1)(B), by inserting ‘, or as contractors of the Council or employees of such contractors,’ after ‘on the Council’;

      (2) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively;

      (3) by inserting after paragraph (3) the following new paragraph (4):

    ‘(4) Subject to the direction and control of the Director of Central Intelligence, the Center may carry out its responsibilities under this subsection by contract, including contracts for substantive experts necessary to assist the Center with particular assessments under this subsection.’; and

      (4) in paragraph (5), as so redesignated, by adding at the end the following: ‘The Center shall also be readily accessible to policymaking officials and other appropriate individuals not otherwise associated with the intelligence community.’.

SEC. 707. ENHANCEMENT OF AUTHORITY OF DIRECTOR OF CENTRAL INTELLIGENCE TO MANAGE BUDGET, PERSONNEL, AND ACTIVITIES OF INTELLIGENCE COMMUNITY.

    (a) IN GENERAL- Section 103(c) of the National Security Act of 1947 (50 U.S.C. 403-3(c)) is amended--

      (1) by striking paragraph (1) and inserting the following new paragraph (1):

      ‘(1) facilitate the development of an annual budget for intelligence and intelligence-related activities of the United States by--

        ‘(A) developing and presenting to the President an annual budget for the National Foreign Intelligence Program; and

        ‘(B) participating in the development by the Secretary of Defense of the annual budgets for the Joint Military Intelligence Program and the Tactical Intelligence and Related Activities Program;’;

      (2) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively; and

      (3) by inserting after paragraph (2) the following new paragraph (3):

      ‘(3) approve collection requirements, determine collection priorities, and resolve conflicts in collection priorities levied on national collection assets, except as otherwise agreed with the Secretary of Defense pursuant to the direction of the President;’.

    (b) USE OF FUNDS- Section 104 of the National Security Act of 1947 (50 U.S.C. 403-4) is amended--

      (1) by adding at the end of subsection (c) the following: ‘The Secretary of Defense shall consult with the Director of Central Intelligence before reprogramming funds made available under the Joint Military Intelligence Program.’;

      (2) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and

      (3) by inserting after subsection (d) the following new subsection (e):

    ‘(e) DATABASE AND BUDGET EXECUTION INFORMATION- The Director of Central Intelligence and the Secretary of Defense shall jointly issue guidance for the development and implementation by the year 2000 of a database to provide timely and accurate information on the amounts and status of resources, including periodic budget execution updates, for national, defense-wide, and tactical intelligence activities.’.

SEC. 708. RESPONSIBILITIES OF SECRETARY OF DEFENSE PERTAINING TO THE NATIONAL FOREIGN INTELLIGENCE PROGRAM.

    Section 105 of the National Security Act of 1947 (50 U.S.C. 403-5) is amended--

      (1) in subsection (a), by inserting ‘, in consultation with the Director of Central Intelligence,’ after ‘Secretary of Defense’ in the matter preceding paragraph (1); and

      (2) by adding at the end the following:

    ‘(d) ANNUAL EVALUATION OF THE DIRECTOR OF CENTRAL INTELLIGENCE- The Director of Central Intelligence, in consultation with the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, shall submit each year to the Committee on Foreign Intelligence of the National Security Council and the appropriate congressional committees (as defined in section 109(c)) an evaluation of the performance and the responsiveness of the National Security Agency, the National Reconnaissance Office, and the National Imagery and Mapping Agency in meeting their national missions.’.

SEC. 709. IMPROVEMENT OF INTELLIGENCE COLLECTION.

    (a) ASSISTANT DIRECTOR OF CENTRAL INTELLIGENCE FOR COLLECTION- Section 102 of the National Security Act of 1947, as amended by section 705(a)(1) of this Act, is amended by adding at the end the following:

    ‘(e)(1) To assist the Director of Central Intelligence in carrying out the Director’s responsibilities under this Act, there shall be an Assistant Director of Central Intelligence for Collection, who shall be appointed by the President, by and with the advice and consent of the Senate.

    ‘(2)(A) If neither the Director of Central Intelligence nor the Deputy Director of Central Intelligence is a commissioned officer of the Armed Forces at the time of the nomination of an individual to the position of Assistant Director of Central Intelligence for Collection, the President shall nominate an individual for that position from among the commissioned officers of the Armed Forces who have substantial experience in managing intelligence activities.

    ‘(B) The provisions of subsection (c)(3) shall apply to any commissioned officer of the Armed Forces while serving in the position of Assistant Director for Collection.

    ‘(3) The Assistant Director for Collection shall assist the Director of Central Intelligence in carrying out the Director’s collection responsibilities in order to ensure the efficient and effective collection of national intelligence.’.

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

SEC. 710. IMPROVEMENT OF ANALYSIS AND PRODUCTION OF INTELLIGENCE.

    Section 102 of the National Security Act of 1947, as amended by section 709(a) of this Act, is further amended by adding at the end the following:

    ‘(f)(1) To assist the Director of Central Intelligence in carrying out the Director’s responsibilities under this Act, there shall be an Assistant Director of Central Intelligence for Analysis and Production, who shall be appointed by the President, by and with the advice and consent of the Senate.

    ‘(2) The Assistant Director for Analysis and Production shall--

      ‘(A) oversee the analysis and production of intelligence by the elements of the intelligence community;

      ‘(B) establish standards and priorities relating to such analysis and production;

      ‘(C) monitor the allocation of resources for the analysis and production of intelligence in order to identify unnecessary duplication in the analysis and production of intelligence;

      ‘(D) identify intelligence to be collected for purposes of the Assistant Director of Central Intelligence for Collection; and

      ‘(E) provide such additional analysis and production of intelligence as the President and the National Security Council may require.’.

SEC. 711. IMPROVEMENT OF ADMINISTRATION OF INTELLIGENCE ACTIVITIES.

    Section 102 of the National Security Act of 1947, as amended by section 710 of this Act, is further amended by adding at the end the following:

    ‘(g)(1) To assist the Director of Central Intelligence in carrying out the Director’s responsibilities under this Act, there shall be an Assistant Director of Central Intelligence for Administration, who shall be appointed by the President, by and with the advice and consent of the Senate.

    ‘(2) The Assistant Director for Administration shall manage such activities relating to the administration of the intelligence community as the Director of Central Intelligence shall require.’.

SEC. 712. PAY LEVEL OF ASSISTANT DIRECTORS OF CENTRAL INTELLIGENCE.

    Section 5315 of title 5, United States Code, is amended by adding at the end the following:

      ‘Assistant Directors of Central Intelligence (3).’.

SEC. 713. GENERAL COUNSEL OF THE CENTRAL INTELLIGENCE AGENCY.

    (a) ESTABLISHMENT OF POSITION- The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) is amended by adding at the end the following:

‘GENERAL COUNSEL OF THE CENTRAL INTELLIGENCE AGENCY

    ‘SEC. 20. (a) There is a General Counsel of the Central Intelligence Agency, appointed from civilian life by the President, by and with the advice and consent of the Senate.

    ‘(b) The General Counsel is the chief legal officer of the Central Intelligence Agency.

    ‘(c) The General Counsel of the Central Intelligence Agency shall perform such functions as the Director of Central Intelligence may prescribe.’.

    (b) EXECUTIVE SCHEDULE IV PAY LEVEL- Section 5315 of title 5, United States Code, as amended by section 712 of this Act, is further amended by adding at the end the following:

      ‘General Counsel of the Central Intelligence Agency.’.

SEC. 714. OFFICE OF CONGRESSIONAL AFFAIRS OF THE DIRECTOR OF CENTRAL INTELLIGENCE.

    Section 102 of the National Security Act of 1947, as amended by section 711 of this Act, is further amended by adding at the end the following:

    ‘(h)(1) There is hereby established the Office of Congressional Affairs of the Director of Central Intelligence.

    ‘(2)(A) The Office shall be headed by the Director of the Office of Congressional Affairs of the Director of Central Intelligence.

    ‘(B) The Director of Central Intelligence may designate the Director of the Office of Congressional Affairs of the Central Intelligence Agency to serve as the Director of the Office of Congressional Affairs of the Director of Central Intelligence.

    ‘(3) The Director shall coordinate the congressional affairs activities of the elements of the intelligence community and have such additional responsibilities as the Director of Central Intelligence may prescribe.

    ‘(4) Nothing in the subsection may be construed to preclude the elements of the intelligence community from responding directly to requests from Congress.’.

SEC. 715. ASSISTANCE FOR LAW ENFORCEMENT AGENCIES BY INTELLIGENCE COMMUNITY.

    (a) IN GENERAL- Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.) is amended by inserting after section 105 the following new section:

‘ASSISTANCE TO UNITED STATES LAW ENFORCEMENT AGENCIES

    ‘SEC. 105A. (a) AUTHORITY TO PROVIDE ASSISTANCE- Subject to subsection (b), elements of the intelligence community may, upon the request of a United States law enforcement agency, collect information outside the United States about individuals who are not United States persons. Such elements may collect such information notwithstanding that the law enforcement agency intends to use the information collected for purposes of a law enforcement investigation or counterintelligence investigation.

    ‘(b) LIMITATION ON ASSISTANCE BY ELEMENTS OF DEPARTMENT OF DEFENSE- (1) With respect to elements within the Department of Defense, the authority in subsection (a) applies only to the National Security Agency, the National Reconnaissance Office, and the National Imagery and Mapping Agency.

    ‘(2) Assistance provided under this section by elements of the Department of Defense may not include the direct participation of a member of the Army, Navy, Air Force, or Marine Corps in an arrest or similar activity.

    ‘(3) Assistance may not be provided under this section by an element of the Department of Defense if the provision of such assistance will adversely affect the military preparedness of the United States.

    ‘(4) The Secretary of Defense shall prescribe regulations governing the exercise of authority under this section by elements of the Department of Defense, including regulations relating to the protection of sources and methods in the exercise of such authority.

    ‘(c) DEFINITIONS- For purposes of subsection (a):

      ‘(1) The term ‘United States law enforcement agency’ means any department or agency of the Federal Government that the Attorney General designates as law enforcement agency for purposes of this section.

      ‘(2) The term ‘United States person’ means the following:

        ‘(A) A United States citizen.

        ‘(B) An alien known by the intelligence agency concerned to be a permanent resident alien.

        ‘(C) An unincorporated association substantially composed of United States citizens or permanent resident aliens.

        ‘(D) A corporation incorporated in the United States, except for a corporation directed and controlled by a foreign government or governments.’.

    (b) CLERICAL AMENDMENT- The table of contents in the first section of that Act is amended by inserting after the item relating to section 105 the following new item:

      ‘Sec. 105A. Assistance to United States law enforcement agencies.’.

SEC. 716. APPOINTMENT AND EVALUATION OF OFFICIALS RESPONSIBLE FOR INTELLIGENCE-RELATED ACTIVITIES.

    (a) IN GENERAL- Section 106 of the National Security Act of 1947 (50 U.S.C. 403-6) is amended to read as follows:

‘APPOINTMENT AND EVALUATION OF OFFICIALS RESPONSIBLE FOR INTELLIGENCE-RELATED ACTIVITIES

    ‘SEC. 106. (a) CONCURRENCE OF DCI IN CERTAIN APPOINTMENTS- (1) In the event of a vacancy in a position referred to in paragraph (2), the Secretary of Defense shall obtain the concurrence of the Director of Central Intelligence before recommending to the President an individual for appointment to the position. If the Director does not concur in the recommendation, the Secretary may make the recommendation to the President without the Director’s concurrence, but shall include in the recommendation a statement that the Director does not concur in the recommendation.

    ‘(2) Paragraph (1) applies to the following positions:

      ‘(A) The Director of the National Security Agency.

      ‘(B) The Director of the National Reconnaissance Office.

    ‘(b) CONSULTATION WITH DCI IN CERTAIN APPOINTMENTS- (1) In the event of a vacancy in a position referred to in paragraph (2), the head of the department or agency having jurisdiction over the position shall consult with the Director of Central Intelligence before appointing an individual to fill the vacancy or recommending to the President an individual to be nominated to fill the vacancy.

    ‘(2) Paragraph (1) applies to the following positions:

      ‘(A) The Director of the Defense Intelligence Agency.

      ‘(B) The Assistant Secretary of State for Intelligence and Research.

      ‘(C) The Director of the Office of Nonproliferation and National Security of the Department of Energy.

      ‘(D) The Assistant Director, National Security Division of the Federal Bureau of Investigation.’.

    (b) CLERICAL AMENDMENT- The table of contents in the first section of that Act is amended by striking the item relating to section 106 and inserting in lieu thereof the following new item:

      ‘Sec. 106. Appointment and evaluation of officials responsible for intelligence-related activities.’.

SEC. 717. REQUIREMENTS FOR SUBMITTAL OF BUDGET INFORMATION ON INTELLIGENCE ACTIVITIES.

    (a) SUBMITTAL WITH ANNUAL BUDGET- Notwithstanding any other provision of law, the President shall include in each budget for a fiscal year submitted under section 1105 of title 31, United States Code, the following information:

      (1) The aggregate amount appropriated during the current fiscal year on all intelligence and intelligence-related activities of the United States Government.

      (2) The aggregate amount requested in such budget for the fiscal year covered by the budget for all intelligence and intelligence-related activities of the United States Government.

    (b) FORM OF SUBMITTAL- The President shall submit the information required under subsection (a) in unclassified form.

SEC. 718. REPORT ON INTELLIGENCE COMMUNITY POLICY ON PROTECTING THE NATIONAL INFORMATION INFRASTRUCTURE AGAINST STRATEGIC ATTACKS.

    (a) IN GENERAL- (1) Not later than 120 days after the date of the enactment of this Act, the Director of Central Intelligence shall submit to Congress a report setting forth--

      (A) the results of a review of the threats to the United States on protecting the national information infrastructure against information warfare and other non-traditional attacks; and

      (B) the counterintelligence response of the Director.

    (2) The report shall include a description of the plans of the intelligence community to provide intelligence support for the indications, warning, and assessment functions of the intelligence community with respect to information warfare and other non-traditional attacks by foreign nations, groups, or individuals against the national information infrastructure.

    (b) DEFINITIONS- For purposes of this section:

      (1) The term ‘national information infrastructure’ includes the information infrastructure of the public or private sector.

      (2) The term ‘intelligence community’ has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).

TITLE VIII--NATIONAL IMAGERY AND MAPPING AGENCY

SEC. 801. NATIONAL MISSION AND COLLECTION TASKING AUTHORITY FOR THE NATIONAL IMAGERY AND MAPPING AGENCY.

    (a) IN GENERAL- (1) Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.) is amended by adding at the end the following:

‘NATIONAL MISSION AND COLLECTION TASKING AUTHORITY FOR THE NATIONAL IMAGERY AND MAPPING AGENCY

    ‘SEC. 110. (a) NATIONAL MISSION- The National Imagery and Mapping Agency shall have a national mission to support the imagery requirements of the Department of State, the Department of Defense, and other departments and agencies of the Federal Government. The Director of Central Intelligence shall establish requirements and priorities to govern the collection of national intelligence by the National Imagery and Mapping Agency. The Secretary of Defense and the Director of Central Intelligence, in consultation with the Chairman of the Joint Chiefs of Staff, shall jointly identify deficiencies in the capabilities of the National Imagery and Mapping Agency to accomplish assigned national missions and shall jointly develop policies and programs to review and correct such deficiencies.

    ‘(b) COLLECTION AND TASKING AUTHORITY- Except as otherwise agreed by the Director of Central Intelligence and the Secretary of Defense pursuant to direction provided by the President, the Director of Central Intelligence has the authority to approve collection requirements, determine collection priorities, and resolve conflicts in collection priorities levied on national imagery collection assets.’.

    (2) The table of contents in the first section of that Act is amended by inserting after the item relating to section 109 the following new item:

      ‘Sec. 110. National mission and collection tasking authority for the National Imagery and Mapping Agency.’.

    (b) EFFECTIVE DATE- The amendments made by subsection (a) shall take effect on the later of--

      (1) the date of the enactment of the National Defense Authorization Act for Fiscal Year 1997; or

      (2) the date of the enactment of this Act.

Attest:

Secretary.

104th CONGRESS

2d Session

H. R. 3259

AMENDMENT

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