Text: H.R.3259 — 104th Congress (1995-1996)All Information (Except Text)

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Public Law No: 104-293 (10/11/1996)

 
[104th Congress Public Law 293]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ293.104]


[[Page 110 STAT. 3461]]

Public Law 104-293
104th Congress

                                 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. <<NOTE: Oct. 
                       11, 1996 -  [H.R. 3259]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Intelligence 
Authorization Act for Fiscal Year 1997.>> 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 1997''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Community Management Account.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

                      TITLE III--GENERAL PROVISIONS

Sec. 301. Increase in employee compensation and benefits authorized by 
           law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Limitation on availability of funds for automatic 
           declassification of records over 25 years old.
Sec. 304. Application of sanctions laws to intelligence activities.
Sec. 305. Expedited naturalization.
Sec. 306. Sense of Congress on enforcement of requirement to protect the 
           identities of undercover intelligence officers, agents, 
           informants, and sources.
Sec. 307. Sense of Congress on intelligence community contracting.
Sec. 308. Restrictions on intelligence sharing with the United Nations.
Sec. 309. Prohibition on using journalists as agents or assets.
Sec. 310. Report on policy of intelligence community regarding the 
           protection of the national information infrastructure against 
           attack.

                  TITLE IV--CENTRAL INTELLIGENCE AGENCY

Sec. 401. Elimination of double surcharge on Central Intelligence Agency 
           relating to employees who retire or resign in fiscal years 
           1998 or 1999 and who receive voluntary separation incentive 
           payments.
Sec. 402. Post-employment restrictions.

         TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

Sec. 501. Executive branch oversight of budgets of elements of the 
           intelligence 
           community.

                TITLE VI--FEDERAL BUREAU OF INVESTIGATION

Sec. 601. Access to telephone records.

[[Page 110 STAT. 3462]]

                   TITLE VII--COMBATTING PROLIFERATION

Sec. 701. Short title.

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

Sec. 711. Establishment of commission.
Sec. 712. Duties of commission.
Sec. 713. Powers of commission.
Sec. 714. Commission personnel matters.
Sec. 715. Termination of commission.
Sec. 716. Definition.
Sec. 717. Payment of commission expenses.

                        Subtitle B--Other Matters

Sec. 721. Reports on acquisition of technology relating to weapons of 
           mass 
           destruction and advanced conventional munitions.

        TITLE VIII--RENEWAL AND REFORM OF INTELLIGENCE ACTIVITIES

Sec. 801. Short title.
Sec. 802. Committee on Foreign Intelligence.
Sec. 803. Annual reports on intelligence.
Sec. 804. Transnational threats.
Sec. 805. Overall management of central intelligence.
Sec. 806. National Intelligence Council.
Sec. 807. Enhancement of authority of Director of Central Intelligence 
           to manage budget, personnel, and activities of intelligence 
           community.
Sec. 808. Responsibilities of Secretary of Defense pertaining to the 
           National 
           Foreign Intelligence Program.
Sec. 809. Improvement of intelligence collection.
Sec. 810. Improvement of analysis and production of intelligence.
Sec. 811. Improvement of administration of intelligence activities.
Sec. 812. Pay level of Deputy Director of Central Intelligence for 
           Community Management and Assistant Directors of Central 
           Intelligence.
Sec. 813. General Counsel of the Central Intelligence Agency.
Sec. 814. Assistance for law enforcement agencies by intelligence 
           community.
Sec. 815. Appointment of officials responsible for intelligence-related 
           activities.
Sec. 816. Study on the future of intelligence collection.
Sec. 817. Intelligence Reserve Corps.

                       TITLE IX--FINANCIAL MATTERS

Sec. 901. Authorization of funding provided by 1996 supplemental 
           appropriations Act.

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 1997 
for the conduct of the intelligence and intelligence-related activities 
of the following elements of the United States Government:
            (1) The Central Intelligence Agency.
            (2) The Department of Defense.
            (3) The Defense Intelligence Agency.
            (4) The National Security Agency.
            (5) The Department of the Army, the Department of the Navy, 
        and the Department of the Air Force.
            (6) The Department of State.
            (7) The Department of Treasury.
            (8) The Department of Energy.
            (9) The Federal Bureau of Investigation.
            (10) The Drug Enforcement Administration.
            (11) The National Reconnaissance Office.
            (12) The National Imagery and Mapping Agency.

[[Page 110 STAT. 3463]]

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

    (a) Specifications of Amounts and Personnel Ceilings.--The amounts 
authorized to be appropriated under section 101, and the authorized 
personnel ceilings as of September 30, 1997, for the conduct of the 
intelligence and intelligence-related activities of the elements listed 
in such section, are those specified in the classified Schedule of 
Authorizations prepared to accompany the conference report on the bill 
H.R. 3259 of the One Hundred Fourth Congress.
    (b) Availability of Classified Schedule of Authorizations.--The 
Schedule of Authorizations shall be made available to the Committees on 
Appropriations of the Senate and House of Representatives and to the 
President. The President shall provide for suitable distribution of the 
Schedule, or of appropriate portions of the Schedule, within the 
executive branch.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

    (a) Authority for Adjustments.--With the approval of the Director of 
the Office of Management and Budget, the Director of Central 
Intelligence may authorize employment of civilian 
personnel in excess of the number authorized for fiscal year 1997 under 
section 102 when the Director of Central Intelligence determines that 
such action is necessary to the performance of important intelligence 
functions, except that the number of personnel employed in excess of the 
number authorized under such section may not, for any element of the 
intelligence community, exceed two percent of the number of civilian 
personnel authorized under such section for such element.
    (b) Notice to Intelligence Committees.--The Director of Central 
Intelligence shall promptly notify the Permanent Select Committee on 
Intelligence of the House of Representatives and the Select Committee on 
Intelligence of the Senate whenever he exercises the authority granted 
by this section.

SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

    (a) Authorizations of Appropriations.--There is authorized to be 
appropriated for the Community Management Account of the Director of 
Central Intelligence for fiscal year 1997 the sum of $131,116,000. 
Within such amount, funds identified in the classified Schedule of 
Authorizations referred to in section 102(a) for the Advanced Research 
and Development Committee shall remain available until September 30, 
1998.
    (b) Authorized Personnel Levels.--The staff of the Community 
Management Account of the Director of Central Intelligence is authorized 
303 full-time personnel as of September 30, 1997. Such personnel of the 
Community Management Staff may be permanent employees of the Community 
Management Staff or personnel detailed from other elements of the United 
States Government.
    (c) Reimbursement.--During fiscal year 1997, any officer or employee 
of the United States or member of the Armed Forces who is detailed to 
the staff of the Community Management Account from another element of 
the United States Government shall be detailed on a reimbursable basis, 
except that any such officer, employee, or member may be detailed on a 
non-reimbursable basis for a period of less than one year for the 
performance of temporary functions as required by the Director of 
Central Intelligence.

[[Page 110 STAT. 3464]]

    (d) National <<NOTE: 21 USC 873 note.>> Drug Intelligence Center.--
(1) Of the amount authorized to be appropriated in subsection (a), 
$27,000,000 shall be available for the National Drug Intelligence Center 
located in Johnstown, Pennsylvania.

    (2) The Director of Central Intelligence shall transfer to the 
Attorney General funds available for the National Drug Intelligence 
Center under paragraph (1). The Attorney General shall utilize funds so 
transferred for the activities of the Center.
    (3) Amounts available for the Center may not be used in 
contravention of the provisions of section 103(d)(1) of the National 
Security Act of 1947 (50 U.S.C. 403-3(d)(1)).
    (4) Notwithstanding any other provision of law, the Attorney General 
shall retain full authority over the operations of the Center.
    (e) Environmental Programs.--Of the amount authorized to be 
appropriated in subsection (a), $18,000,000 shall be available for the 
Environmental Intelligence and Applications Program, 
formerly known as the Environmental Task Force, and remain available 
until September 30, 1998.

          TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 
                            DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

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

                      TITLE III--GENERAL PROVISIONS

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

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

SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

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

SEC. 303. LIMITATION ON AVAILABILITY OF FUNDS FOR AUTOMATIC 
            DECLASSIFICATION OF RECORDS OVER 25 YEARS OLD.

    Of the amounts authorized to be appropriated for fiscal year 1997 by 
this Act for the National Foreign Intelligence Program, not more than 
$27,200,000 shall be available to carry out the provisions of section 
3.4 of Executive Order 12958.

SEC. 304. APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE ACTIVITIES.

    Section 905 of the National Security Act of 1947 (50 U.S.C. 441d) is 
amended by striking out ``on the date which is one year

[[Page 110 STAT. 3465]]

after the date of the enactment of this title'' and inserting in lieu 
thereof ``on January 6, 1998''.

SEC. 305. <<NOTE: 8 USC 1427 note.>> EXPEDITED NATURALIZATION.

    (a) In General.--With the approval of the Director of Central 
Intelligence, the Attorney General, and the Commissioner of Immigration 
and Naturalization, an applicant described in subsection (b) and 
otherwise eligible for naturalization may be 
naturalized without regard to the residence and physical presence 
requirements of section 316(a) of the Immigration and Nationality Act, 
or to the prohibitions of section 313 of such Act, and no residence 
within a particular State or district of the Immigration and 
Naturalization Service in the United States shall be required.
    (b) Eligible Applicant.--An applicant eligible for naturalization 
under this section is the spouse or child of a deceased alien whose 
death resulted from the intentional and unauthorized disclosure of 
classified information regarding the alien's participation in the 
conduct of United States intelligence activities and who--
            (1) has resided continuously, after being lawfully admitted 
        for permanent residence, within the United States for at least 
        one year prior to naturalization; and
            (2) is not described in subparagraph (A), (B), (C), or (D) 
        of section 243(h)(2) of such Act.

    (c) Administration of Oath.--An applicant for naturalization under 
this section may be administered the oath of allegiance under section 
337(a) of the Immigration and Nationality Act by the Attorney General or 
any district court of the United States, without regard to the residence 
of the applicant. Proceedings under this subsection shall be conducted 
in a manner consistent with the protection of intelligence sources, 
methods, and activities.
    (d) Definitions.--For purposes of this section--
            (1) the term ``child'' means a child as defined in 
        subparagraphs (A) through (E) of section 101(b)(1) of the 
        Immigration and Nationality Act, without regard to age or 
        marital status; and
            (2) the term ``spouse'' means the wife or husband of a 
        deceased alien referred to in subsection (b) who was married to 
        such alien during the time the alien participated in the conduct 
        of United States intelligence activities.

SEC. 306. SENSE OF CONGRESS ON ENFORCEMENT OF REQUIREMENT TO PROTECT THE 
            IDENTITIES OF UNDERCOVER 
            INTELLIGENCE OFFICERS, AGENTS, INFORMANTS, AND SOURCES.

    It is the sense of Congress that title VI of the National Security 
Act of 1947 (50 U.S.C. 421 et seq.) (relating to protection of the 
identities of undercover intelligence officers, agents, informants, and 
sources) should be enforced by the appropriate law enforcement agencies.

SEC. 307. SENSE OF CONGRESS ON INTELLIGENCE COMMUNITY CONTRACTING.

    It is the sense of Congress that the Director of Central 
Intelligence should continue to direct that elements of the intelligence 
community, whenever compatible with the national security interests of 
the United States and consistent with the operational and security 
concerns related to the conduct of intelligence activities, and where 
fiscally sound, should award contracts in a manner

[[Page 110 STAT. 3466]]

that would maximize the procurement of products properly 
designated as having been made in the United States.

SEC. 308. RESTRICTIONS ON INTELLIGENCE SHARING WITH THE UNITED NATIONS.

    (a) In General.--The National Security Act of 1947 (50 U.S.C. 401 et 
seq.) is amended by adding at the end of title I the following new 
section:

     ``restrictions on intelligence sharing with the united nations

    ``Sec. 110. <<NOTE: President. 50 USC 404d-1.>> (a) Provision of 
Intelligence Information to the United Nations.--(1) No United States 
intelligence information may be provided to the United Nations or any 
organization affiliated with the United Nations, or to any officials or 
employees thereof, unless the President certifies to the appropriate 
committees of Congress that the Director of Central Intelligence, in 
consultation with the Secretary of State and the Secretary of Defense, 
has established and implemented procedures, and has worked with the 
United Nations to ensure implementation of procedures, for protecting 
from unauthorized disclosure United States intelligence sources and 
methods connected to such information.

    ``(2) Paragraph (1) may be waived upon written certification by the 
President to the appropriate committees of Congress that providing such 
information to the United Nations or an organization affiliated with the 
United Nations, or to any officials or employees thereof, is in the 
national security interests of the United States.
    ``(b) Periodic and Special Reports.--(1) The President shall report 
semiannually to the appropriate committees of Congress on the types and 
volume of intelligence provided to the United Nations and the purposes 
for which it was provided during the period covered by the report. The 
President shall also report to the appropriate committees of Congress 
within 15 days after it has become known to the United States Government 
that there has been an unauthorized disclosure of intelligence provided 
by the United States to the United Nations.
    ``(2) The requirement for periodic reports under the first sentence 
of paragraph (1) shall not apply to the provision of intelligence that 
is provided only to, and for the use of, appropriately cleared United 
States Government personnel serving with the United Nations.
    ``(c) Delegation of Duties.--The President may not delegate or 
assign the duties of the President under this section.
    ``(d) Relationship to Existing Law.--Nothing in this section shall 
be construed to--
            ``(1) impair or otherwise affect the authority of the 
        Director of Central Intelligence to protect intelligence sources 
        and 
        methods from unauthorized disclosure pursuant to section 
        103(c)(6) of this Act; or
            ``(2) supersede or otherwise affect the provisions of title 
        V of this Act.

    ``(e) Definition.--As used in this section, the term `appropriate 
committees of Congress' means the Committee on Foreign Relations and the 
Select Committee on Intelligence of the Senate and the Committee on 
Foreign Relations and the Permanent Select Committee on Intelligence of 
the House of Representatives.''.

[[Page 110 STAT. 3467]]

    (b) Clerical Amendment.--The table of contents for the National 
Security Act of 1947 is amended by inserting after the item relating to 
section 109 the following:

``Sec. 110. Restrictions on intelligence sharing with the United 
           Nations.''.

SEC. 309. <<NOTE: 50 USC 403-7.>> PROHIBITION ON USING JOURNALISTS AS 
            AGENTS OR ASSETS.

    (a) Policy.--It is the policy of the United States that an 
element of the Intelligence Community may not use as an agent or asset 
for the purposes of collecting intelligence any individual who--
            (1) is authorized by contract or by the issuance of press 
        credentials to represent himself or herself, either in the 
        United States or abroad, as a correspondent of a United States 
        news media organization; or
            (2) is officially recognized by a foreign government as a 
        representative of a United States media organization.

    (b) Waiver.--Pursuant <<NOTE: President.>> to such procedures as the 
President may prescribe, the President or the Director of Central 
Intelligence may waive subsection (a) in the case of an individual if 
the President or the Director, as the case may be, makes a written 
determination that the waiver is necessary to address the overriding 
national security interest of the United States. The Permanent Select 
Committee on Intelligence of the House of Representatives and the Select 
Committee on Intelligence of the Senate shall be notified of any waiver 
under this subsection.

    (c) Voluntary Cooperation.--Subsection (a) shall not be 
construed to prohibit the voluntary cooperation of any person who is 
aware that the cooperation is being provided to an element of the United 
States Intelligence Community.

SEC. 310. REPORT ON POLICY OF INTELLIGENCE COMMUNITY 
            REGARDING THE PROTECTION OF THE NATIONAL 
            INFORMATION INFRASTRUCTURE AGAINST ATTACK.

    (a) Report.--(1) Not later than 120 days after the date of the 
enactment of this Act, the Director of Central Intelligence shall submit 
to Congress a report on the potential responses of the intelligence 
community to threats to and attacks upon the information infrastructure 
of the United States by foreign countries, groups, or individuals, or by 
other entities, groups, or individuals.
    (2) The report shall include the following:
            (A) An analysis of the threats posed to the information 
        infrastructure of the United States by information warfare and 
        other forms of non-traditional attacks on the infrastructure by 
        foreign countries, groups, or individuals, or by other entities, 
        groups, or individuals.
            (B) A description and assessment of the counterintelligence 
        activities required to respond to such threats, including the 
        plans of the intelligence community to support such activities.

    (b) Definitions.--For purposes of this section:
            (1) The term ``intelligence community'' has the meaning 
        given such term in section 3(4) of the National Security Act of 
        1947 (50 U.S.C. 401a(4)).
            (2) The term ``information infrastructure of the United 
        States'' includes the information infrastructure of the public 
        sector and of the private sector.

[[Page 110 STAT. 3468]]

                  TITLE IV--CENTRAL INTELLIGENCE AGENCY

SEC. 401. ELIMINATION OF DOUBLE SURCHARGE ON CENTRAL 
            INTELLIGENCE AGENCY RELATING TO EMPLOYEES WHO RETIRE OR 
            RESIGN IN FISCAL YEARS 1998 OR 1999 AND WHO RECEIVE 
            VOLUNTARY SEPARATION INCENTIVE PAYMENTS.

    Section 2(i) of the Central Intelligence Agency Voluntary Separation 
Pay Act (50 U.S.C. 403-4 note) is amended by adding at the end the 
following: ``The remittance required by this subsection shall be in lieu 
of any remittance required by section 4(a) of the Federal Workforce 
Restructuring Act of 1994 (5 U.S.C. 8331 note).''.

SEC. 402. <<NOTE: 50 USC 403-4 note.>> POST-EMPLOYMENT RESTRICTIONS.

    (a) In <<NOTE: Regulations.>> General.--Not later than 90 days after 
the date of enactment of this Act, the Director of Central Intelligence 
shall prescribe regulations requiring each employee of the Central 
Intelligence Agency designated by the Director for such purpose to sign 
a written agreement restricting the activities of the employee upon 
ceasing employment with the Central Intelligence Agency. The Director 
may designate a group or class of employees for such purpose.

    (b) Agreement Elements.--The regulations shall provide that an 
agreement contain provisions specifying that the employee 
concerned not represent or advise the government, or any political 
party, of any foreign country during the three-year period beginning on 
the cessation of the employee's employment with the Central Intelligence 
Agency unless the Director determines that such representation or advice 
would be in the best interests of the United States.
    (c) Disciplinary Actions.--The regulations shall specify appropriate 
disciplinary actions (including loss of retirement benefits) to be taken 
against any employee determined by the Director of Central Intelligence 
to have violated the agreement of the employee under this section.

         TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

SEC. 501. EXECUTIVE BRANCH OVERSIGHT OF BUDGETS OF ELEMENTS OF THE 
            INTELLIGENCE COMMUNITY.

    (a) Report.--Not later than 90 days after the date of the enactment 
of this Act, the President shall submit to the appropriate congressional 
committees a report setting forth the actions that have been taken to 
ensure adequate oversight by the executive branch of the budget of the 
National Reconnaissance Office and the budgets of other elements of the 
intelligence community within the Department of Defense.
    (b) Report Elements.--The report required by subsection 
(a) shall--
            (1) describe the extent to which the elements of the 
        intelligence community carrying out programs and activities in 
        the National Foreign Intelligence Program are subject to


[[Page 110 STAT. 3469]]

        requirements imposed on other elements and components of the 
        Department of Defense under the Chief Financial Officers Act of 
        1990 (Public Law 101-576), and the amendments made by that Act, 
        and the Federal Financial Management Act of 1994 (title IV of 
        Public Law 103-356), and the amendments made by that Act;
            (2) describe the extent to which such elements submit to the 
        Office of Management and Budget budget justification materials 
        and execution reports similar to the budget justification 
        materials and execution reports submitted to the Office of 
        Management and Budget by the non-intelligence components of the 
        Department of Defense;
            (3) describe the extent to which the National Reconnaissance 
        Office submits to the Office of Management and Budget, the 
        Community Management Staff, and the Office of the Secretary of 
        Defense--
                    (A) complete information on the cost, schedule, 
                performance, and requirements for any new major 
                acquisition before initiating the acquisition;
                    (B) yearly reports (including baseline cost and 
                schedule information) on major acquisitions;
                    (C) planned and actual expenditures in connection 
                with major acquisitions; and
                    (D) variances from any cost baselines for major 
                acquisitions (including explanations of such variances); 
                and
            (4) assess the extent to which the National Reconnaissance 
        Office has submitted to Office of Management and Budget, the 
        Community Management Staff, and the Office of the Secretary of 
        Defense on a monthly basis a detailed budget execution report 
        similar to the budget execution report prepared for Department 
        of Defense programs.

    (c) Definitions.--For purposes of this section:
            (1) The term ``appropriate congressional committees'' means 
        the following:
                    (A) The Select Committee on Intelligence and the 
                Committee on Armed Services of the Senate.
                    (B) The Permanent Select Committee on Intelligence 
                and the Committee on National Security of the House of 
                Representatives.
            (2) The term ``National Foreign Intelligence Program'' has 
        the meaning given such term in section 3(6) of the National 
        Security Act of 1947 (50 U.S.C. 401a(6)).

                TITLE VI--FEDERAL BUREAU OF INVESTIGATION

SEC. 601. ACCESS TO TELEPHONE RECORDS.

    (a) Access for Counterintelligence Purposes.--Section 2709(b)(1) of 
title 18, United States Code, is amended by inserting ``local and long 
distance'' before ``toll billing records''.
    (b) Conforming Amendment.--Section 2703(c)(1)(C) of such title is 
amended by inserting ``local and long distance'' after ``address,''.
    (c) Civil Remedy.--Section 2707 of such title is amended--
            (1) in subsection (a), by striking out ``customer'' and 
        inserting in lieu thereof ``other person'';

[[Page 110 STAT. 3470]]

            (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 <<NOTE: Combatting Proliferation of Weapons of Mass Destruction 
Act of 1996.>> VII--COMBATTING PROLIFERATION

<<NOTE: 50 USC 2301 note.>> SEC. 701. SHORT TITLE.

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

 Subtitle <<NOTE: 50 USC 2351 note.>> A--Assessment of Organization and 
Structure of Government for Combatting Proliferation

SEC. 711. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission to be known as 
the Commission to Assess the Organization of the Federal Government to 
Combat the Proliferation of Weapons of Mass Destruction (in this 
subtitle referred to as the ``Commission'').
    (b) Membership.--The Commission shall be composed of eight members 
of whom--
            (1) four shall be appointed by the President;
            (2) one shall be appointed by the Majority Leader of the 
        Senate;
            (3) one shall be appointed by the Minority Leader of the 
        Senate;
            (4) one shall be appointed by the Speaker of the House of 
        Representatives; and
            (5) one shall be appointed by the Minority Leader of the 
        House of Representatives.

    (c) Qualifications of Members.--(1) To the maximum extent 
practicable, the individuals appointed as members of the Commission 
shall be individuals who are nationally recognized for expertise 
regarding--
            (A) the nonproliferation of weapons of mass destruction;

[[Page 110 STAT. 3471]]

            (B) the efficient and effective implementation of United 
        States nonproliferation policy; or
            (C) the implementation, funding, or oversight of the 
        national security policies of the United States.

    (2) An official who appoints members of the Commission may not 
appoint an individual as a member if, in the judgment of the official, 
the individual possesses any personal or financial interest in the 
discharge of any of the duties of the Commission.
    (d) Period of Appointment; Vacancies.--Members shall be appointed 
for the life of the Commission. Any vacancy in the Commission shall not 
affect its powers, but shall be filled in the same manner as the 
original appointment.
    (e)  Initial Meeting.--Not later than 30 days after the date on 
which all members of the Commission have been appointed, the Commission 
shall hold its first meeting.
    (f) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number of members may hold hearings.
    (g) Chairman and Vice Chairman.--The Commission shall select a 
Chairman and Vice Chairman from among its members.
    (h) Meetings.--The Commission shall meet at the call of the 
Chairman.

SEC. 712. DUTIES OF COMMISSION.

    (a) Study.--
            (1) In general.--The Commission shall carry out a 
        thorough study of the organization of the Federal Government, 
        including the elements of the intelligence community, with 
        respect to combatting the proliferation of weapons of mass 
        destruction.
            (2) Specific requirements.--In carrying out the study, the 
        Commission shall--
                    (A) assess the current structure and organization of 
                the departments and agencies of the Federal Government 
                having responsibilities for combatting the proliferation 
                of weapons of mass destruction; and
                    (B) assess the effectiveness of United States 
                cooperation with foreign governments with respect to 
                nonproliferation activities, including cooperation--
                          (i) between elements of the intelligence 
                      community and elements of the intelligence-
                      gathering services of foreign governments;
                          (ii) between other departments and agencies of 
                      the Federal Government and the counterparts to 
                      such departments and agencies in foreign 
                      governments; and
                          (iii) between the Federal Government and 
                      international organizations.
            (3) Assessments.--In making the assessments under paragraph 
        (2), the Commission should address--
                    (A) the organization of the export control 
                activities (including licensing and enforcement 
                activities) of the Federal Government relating to the 
                proliferation of weapons of mass destruction;
                    (B) arrangements for coordinating the funding of 
                United States nonproliferation activities;
                    (C) existing arrangements governing the flow of 
                information among departments and agencies of the


[[Page 110 STAT. 3472]]

                Federal Government responsible for nonproliferation 
                activities;
                    (D) the effectiveness of the organization and 
                function of interagency groups in ensuring 
                implementation of United States treaty obligations, 
                laws, and policies with respect to nonproliferation;
                    (E) the administration of sanctions for purposes of 
                nonproliferation, including the measures taken by 
                departments and agencies of the Federal Government to 
                implement, assess, and enhance the effectiveness of such 
                sanctions;
                    (F) the organization, management, and oversight of 
                United States counterproliferation activities;
                    (G) the recruitment, training, morale, expertise, 
                retention, and advancement of Federal Government 
                personnel responsible for the nonproliferation functions 
                of the Federal Government, including any problems in 
                such activities;
                    (H) the role in United States nonproliferation 
                activities of the National Security Council, the Office 
                of Management and Budget, the Office of Science and 
                Technology Policy, and other offices in the Executive 
                Office of the President having responsibilities for such 
                activities;
                    (I) the organization of the activities of the 
                Federal Government to verify government-to-government 
                assurances and commitments with respect to 
                nonproliferation, including assurances regarding the 
                future use of commodities exported from the United 
                States; and
                    (J) the costs and benefits to the United States of 
                increased centralization and of decreased centralization 
                in the administration of the nonproliferation activities 
                of the Federal Government.

    (b) Recommendations.--In conducting the study, the Commission shall 
develop recommendations on means of improving the effectiveness of the 
organization of the departments and agencies of the Federal Government 
in meeting the national security interests of the United States with 
respect to the proliferation of weapons of mass destruction. Such 
recommendations shall include specific recommendations to eliminate 
duplications of effort, and other inefficiencies, in and among such 
departments and 
agencies.
    (c) Report.--(1) Not later than 18 months after the date of the 
enactment of this Act, the Commission shall submit to Congress a report 
containing a detailed statement of the findings and conclusions of the 
Commission, together with its recommendations for such legislation and 
administrative actions as it considers appropriate.
    (2) The report shall be submitted in unclassified form, but may 
include a classified annex.

SEC. 713. POWERS OF COMMISSION.

    (a) Hearings.--The Commission may hold such hearings, sit and act at 
such times and places, take such testimony, and receive such evidence as 
the Commission considers advisable to carry out the purposes of this 
subtitle.
    (b) Information From Federal Agencies.--
            (1) In general.--The Commission may secure directly from any 
        Federal department or agency such information as the

[[Page 110 STAT. 3473]]

        Commission considers necessary to carry out the provisions of 
        this subtitle. Upon request of the Chairman of the Commission, 
        the head of such department or agency shall furnish such 
        information to the Commission.
            (2) Classified information.--A department or agency may 
        furnish the Commission classified information under this 
        subsection. The Commission shall take appropriate actions to 
        safeguard classified information furnished to the Commission 
        under this paragraph.

    (c) Postal Services.--The Commission may use the United States mails 
in the same manner and under the same conditions as other departments 
and agencies of the Federal Government.
    (d) Gifts.--The Commission may accept, use, and dispose of gifts or 
donations of services or property.

SEC. 714. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--Each member of the Commission who is 
not an officer or employee of the Federal Government shall be 
compensated at a rate equal to the daily equivalent of the annual rate 
of basic pay prescribed for level IV of the Executive Schedule under 
section 5315 of title 5, United States Code, for each day (including 
travel time) during which such member is engaged in the performance of 
the duties of the Commission. All members of the Commission who are 
officers or employees of the United States shall serve without 
compensation in addition to that received for their services as officers 
or employees of the United States.
    (b) Travel Expenses.--The members of the Commission shall be allowed 
travel expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of chapter 57 of 
title 5, United States Code, while away from their homes or regular 
places of business in the performance of services for the Commission.
    (c) Staff.--
            (1) In general.--The Chairman of the Commission may, without 
        regard to the civil service laws and regulations, appoint and 
        terminate an executive director and such other additional 
        personnel as may be necessary to enable the Commission to 
        perform its duties. The employment of an executive director 
        shall be subject to confirmation by the Commission.
            (2) Compensation.--The Chairman of the Commission may fix 
        the compensation of the executive director and other 
        personnel without regard to the provisions of chapter 51 and 
        subchapter III of chapter 53 of title 5, United States Code, 
        relating to classification of positions and General Schedule pay 
        rates, except that the rate of pay for the executive director 
        and other personnel may not exceed the rate payable for level V 
        of the Executive Schedule under section 5316 of such title.

    (d) Detail of Government Employees.--Any Federal Government employee 
may be detailed to the Commission without reimbursement, and such detail 
shall be without interruption or loss of civil service status or 
privilege.
    (e) Procurement of Temporary and Intermittent 
Services.--The Chairman of the Commission may procure temporary and 
intermittent services under section 3109(b) of title 5, United States 
Code, at rates for individuals which do not exceed the daily equivalent 
of the annual rate of basic pay prescribed

[[Page 110 STAT. 3474]]

for level V of the Executive Schedule under section 5316 of such title.

SEC. 715. TERMINATION OF COMMISSION.

    The Commission shall terminate 60 days after the date on which the 
Commission submits its report under section 712(c).

SEC. 716. DEFINITION.

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

SEC. 717. PAYMENT OF COMMISSION EXPENSES.

    The compensation, travel expenses, per diem allowances of members 
and employees of the Commission, and other expenses of the Commission 
shall be paid out of funds available to the Director of Central 
Intelligence for the payment of compensation, travel allowances, and per 
diem allowances, respectively, of 
employees of the Central Intelligence Agency.

                        Subtitle B--Other Matters

SEC. 721. <<NOTE: 50 USC 2366.>> 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 <<NOTE: Intelligence Renewal and Reform Act of 1996.>> VIII--
RENEWAL AND REFORM OF INTELLIGENCE ACTIVITIES

SEC. 801. <<NOTE: 50 USC 401 note.>> SHORT TITLE.

    This title may be cited as the ``Intelligence Renewal and Reform Act 
of 1996''.

SEC. 802. COMMITTEE ON FOREIGN INTELLIGENCE.

    Section 101 of the National Security Act of 1947 (50 U.S.C. 402) is 
amended--
            (1) by redesignating subsection (h) as subsection (j); and
            (2) by inserting after subsection (g) the following new 
        subsection (h):

    ``(h)(1) <<NOTE: Establishment.>> There is established within the 
National Security 
Council a committee to be known as the Committee on Foreign Intelligence 
(in this subsection referred to as the `Committee').

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

[[Page 110 STAT. 3475]]

            ``(A) The Director of Central Intelligence.
            ``(B) The Secretary of State.
            ``(C) The Secretary of Defense.
            ``(D) The Assistant to the President for National Security 
        Affairs, who shall serve as the chairperson of the Committee.
            ``(E) Such other members as the President may designate.

    ``(3) The function of the Committee shall be to assist the Council 
in its activities by--
            ``(A) identifying the intelligence required to address the 
        national security interests of the United States as specified by 
        the President;
            ``(B) establishing priorities (including funding priorities) 
        among the programs, projects, and activities that address such 
        interests and requirements; and
            ``(C) establishing policies relating to the conduct of 
        intelligence activities of the United States, including 
        appropriate roles and missions for the elements of the 
        intelligence community and appropriate targets of intelligence 
        collection activities.

    ``(4) In carrying out its function, the Committee shall--
            ``(A) conduct an annual review of the national security 
        interests of the United States;
            ``(B) identify on an annual basis, and at such other times 
        as the Council may require, the intelligence required to meet 
        such interests and establish an order of priority for the 
        collection and analysis of such intelligence; and
            ``(C) conduct an annual review of the elements of the 
        intelligence community in order to determine the success of such 
        elements in collecting, analyzing, and disseminating the 
        intelligence identified under subparagraph (B).

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

SEC. 803. ANNUAL REPORTS ON INTELLIGENCE.

    (a) In General.--Section 109 of the National Security Act of 1947 
(50 U.S.C. 404d) is amended by striking out subsections (a) and (b) and 
inserting in lieu thereof the following new subsections:
    ``Sec. 109. <<NOTE: President.>> (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

[[Page 110 STAT. 3476]]

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

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

    ``(c) Definition.--In this section, the term `appropriate 
congressional committees' means the following:
            ``(1) The Select Committee on Intelligence, the Committee on 
        Appropriations, and the Committee on Armed Services of the 
        Senate.
            ``(2) The Permanent Select Committee on Intelligence, the 
        Committee on Appropriations, and the Committee on National 
        Security of the House of Representatives.''.

    (b) Conforming Amendments.--(1) The section heading of such section 
is amended to read as follows:

                   ``annual report on intelligence''.

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

``Sec. 109. Annual report on intelligence.''.

SEC. 804. TRANSNATIONAL THREATS.

    Section 101 of the National Security Act of 1947 (50 U.S.C. 402) is 
amended by inserting after subsection (h), as amended by section 802 of 
this Act, the following new subsection:
    ``(i)(1) There is established within the National Security Council a 
committee to be known as the Committee on Transnational Threats (in this 
subsection referred to as the `Committee').
    ``(2) The Committee shall include the following members:
            ``(A) The Director of Central Intelligence.
            ``(B) The Secretary of State.
            ``(C) The Secretary of Defense.
            ``(D) The Attorney General.
            ``(E) The Assistant to the President for National Security 
        Affairs, who shall serve as the chairperson of the Committee.
            ``(F) Such other members as the President may designate.

    ``(3) The function of the Committee shall be to coordinate and 
direct the activities of the United States Government relating to 
combatting transnational threats.
    ``(4) In carrying out its function, the Committee shall--
            ``(A) identify transnational threats;
            ``(B) develop strategies to enable the United States 
        Government to respond to transnational threats identified under 
        subparagraph (A);
            ``(C) monitor implementation of such strategies;
            ``(D) make recommendations as to appropriate responses to 
        specific transnational threats;
            ``(E) assist in the resolution of operational and policy 
        differences among Federal departments and agencies in their 
        responses to transnational threats;

[[Page 110 STAT. 3477]]

            ``(F) develop policies and procedures to ensure the 
        effective sharing of information about transnational threats 
        among 
        Federal departments and agencies, including law enforcement 
        agencies and the elements of the intelligence community; and
            ``(G) develop guidelines to enhance and improve the 
        coordination of activities of Federal law enforcement agencies 
        and elements of the intelligence community outside the United 
        States with respect to transnational threats.

    ``(5) For purposes of this subsection, the term `transnational 
threat' means the following:
            ``(A) Any transnational activity (including international 
        terrorism, narcotics trafficking, the proliferation of weapons 
        of mass destruction and the delivery systems for such weapons, 
        and organized crime) that threatens the national security of the 
        United States.
            ``(B) Any individual or group that engages in an activity 
        referred to in subparagraph (A).''.

SEC. 805. OVERALL MANAGEMENT OF CENTRAL INTELLIGENCE.

    (a) Office of the Director of Central Intelligence.--Title I of the 
National Security Act of 1947 (50 U.S.C. 402 et seq.) is amended by 
striking out section 102 <<NOTE: 50 USC 403.>> and inserting in lieu 
thereof the following new section 102:

            ``office of the director of central intelligence

    ``Sec. 102. (a) Director of Central Intelligence.--There is a 
Director of Central Intelligence who shall be appointed by the 
President, by and with the advice and consent of the Senate. The 
Director shall--
            ``(1) serve as head of the United States intelligence 
        community;
            ``(2) act as the principal adviser to the President for 
        intelligence matters related to the national security; and
            ``(3) serve as head of the Central Intelligence Agency.

    ``(b) Deputy Directors of Central Intelligence.--(1) There is a 
Deputy Director of Central Intelligence who shall be appointed by the 
President, by and with the advice and consent of the Senate.
    ``(2) There is a Deputy Director of Central Intelligence for 
Community Management who shall be appointed by the President, by and 
with the advice and consent of the Senate.
    ``(3) Each Deputy Director of Central Intelligence shall have 
extensive national security expertise.
    ``(c) Military Status of Director and Deputy Directors.--(1)(A) Not 
more than one of the individuals serving in the positions specified in 
subparagraph (B) may be a commissioned officer of the Armed Forces, 
whether in active or retired status.
    ``(B) The positions referred to in subparagraph (A) are the 
following:
            ``(i) The Director of Central Intelligence.
            ``(ii) The Deputy Director of Central Intelligence.
            ``(iii) The Deputy Director of Central Intelligence for 
        Community Management.

    ``(2) It is the sense of Congress that, under ordinary 
circumstances, it is desirable that one of the individuals serving in 
the positions specified in paragraph (1)(B)--
            ``(A) be a commissioned officer of the Armed Forces, whether 
        in active or retired status; or

[[Page 110 STAT. 3478]]

            ``(B) have, by training or experience, an appreciation of 
        military intelligence activities and requirements.

    ``(3) A commissioned officer of the Armed Forces, while serving in a 
position specified in paragraph (1)(B)--
            ``(A) shall not be subject to supervision or control by the 
        Secretary of Defense or by any officer or employee of the 
        Department of Defense;
            ``(B) shall not exercise, by reason of the officer's status 
        as a commissioned officer, any supervision or control with 
        respect to any of the military or civilian personnel of the 
        Department of Defense except as otherwise authorized by law; and
            ``(C) shall not be counted against the numbers and 
        percentages of commissioned officers of the rank and grade of 
        such officer authorized for the military department of that 
        officer.

    ``(4) Except as provided in subparagraph (A) or (B) of paragraph 
(3), the appointment of an officer of the Armed Forces to a position 
specified in paragraph (1)(B) shall not affect the status, position, 
rank, or grade of such officer in the Armed Forces, or any 
emolument, perquisite, right, privilege, or benefit incident to or 
arising out of any such status, position, rank, or grade.
    ``(5) A commissioned officer of the Armed Forces on active duty who 
is appointed to a position specified in paragraph (1)(B), while serving 
in such position and while remaining on active duty, shall continue to 
receive military pay and allowances and shall not receive the pay 
prescribed for such position. Funds from which such pay and allowances 
are paid shall be reimbursed from funds available to the Director of 
Central Intelligence.
    ``(d) Duties of Deputy Directors.--(1)(A) The Deputy Director of 
Central Intelligence shall assist the Director of Central Intelligence 
in carrying out the Director's responsibilities under this Act.
    ``(B) The Deputy Director of Central Intelligence shall act for, and 
exercise the powers of, the Director of Central Intelligence during the 
Director's absence or disability or during a vacancy in the position of 
the Director of Central Intelligence.
    ``(2) The Deputy Director of Central Intelligence for Community 
Management shall, subject to the direction of the Director of Central 
Intelligence, be responsible for the following:
            ``(A) Directing the operations of the Community Management 
        Staff.
            ``(B) Through the Assistant Director of Central Intelligence 
        for Collection, ensuring the efficient and effective collection 
        of national intelligence using technical means and human 
        sources.
            ``(C) Through the Assistant Director of Central Intelligence 
        for Analysis and Production, conducting oversight of the 
        analysis and production of intelligence by elements of the 
        intelligence community.
            ``(D) Through the Assistant Director of Central Intelligence 
        for Administration, performing community-wide management 
        functions of the intelligence community, including the 
        management of personnel and resources.

    ``(3)(A) The Deputy Director of Central Intelligence takes 
precedence in the Office of the Director of Central Intelligence 
immediately after the Director of Central Intelligence.

[[Page 110 STAT. 3479]]

    ``(B) The Deputy Director of Central Intelligence for Community 
Management takes precedence in the Office of the Director of Central 
Intelligence immediately after the Deputy Director 
of Central Intelligence.
    ``(e) Office of the Director of Central Intelligence.--(1) There is 
an Office of the Director of Central Intelligence. The function of the 
Office is to assist the Director of Central Intelligence in carrying out 
the duties and responsibilities of the Director under this Act and to 
carry out such other duties as may be prescribed by law.
    ``(2) The Office of the Director of Central Intelligence is composed 
of the following:
            ``(A) The Director of Central Intelligence.
            ``(B) The Deputy Director of Central Intelligence.
            ``(C) The Deputy Director of Central Intelligence for 
        Community Management.
            ``(D) The National Intelligence Council.
            ``(E) The Assistant Director of Central Intelligence for 
        Collection.
            ``(F) The Assistant Director of Central Intelligence for 
        Analysis and Production.
            ``(G) The Assistant Director of Central Intelligence for 
        Administration.
            ``(H) Such other offices and officials as may be established 
        by law or the Director of Central Intelligence may establish or 
        designate in the Office.

    ``(3) To assist the Director in fulfilling the responsibilities of 
the Director as head of the intelligence community, the Director shall 
employ and utilize in the Office of the Director of Central Intelligence 
a professional staff having an expertise in matters relating to such 
responsibilities and may establish permanent positions and appropriate 
rates of pay with respect to that staff.''.
    (b) Central Intelligence Agency.--Title I of the National Security 
Act of 1947 (50 U.S.C. 402 et seq.) is amended by inserting after 
section 102, as amended by subsection (a), the following new section:

                      ``central intelligence agency

    ``Sec. 102A. <<NOTE: 50 USC 403-1.>> There is a Central Intelligence 
Agency. The 
function of the Agency shall be to assist the Director of Central 
Intelligence in carrying out the responsibilities referred to in 
paragraphs (1) through (5) of section 103(d) of this Act.''.

    (c) Clerical Amendment.--The table of contents for that Act is 
amended by striking out the item relating to section 102 and inserting 
in lieu thereof the following new items:

``Sec. 102. Office of the Director of Central Intelligence.
``Sec. 102A. Central Intelligence Agency.''.

SEC. 806. NATIONAL INTELLIGENCE COUNCIL.

    Section 103(b) of the National Security Act of 1947 (50 U.S.C. 403-
3(b)) is amended--
            (1) in paragraph (1)(B), by inserting ``, or as contractors 
        of the Council or employees of such contractors,'' after ``on 
        the Council'';
            (2) in paragraph (2)--
                    (A) by striking out ``and'' at the end of sub-
                paragraph (A);

[[Page 110 STAT. 3480]]

                    (B) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    (C) by inserting after subparagraph (A) the 
                following new subparagraph (B):
            ``(B) evaluate community-wide collection and production of 
        intelligence by the intelligence community and the requirements 
        and resources of such collection and production; and'';
            (3) by redesignating paragraphs (4) and (5) as paragraphs 
        (5) and (6), respectively;
            (4) by inserting after paragraph (3) the following new 
        paragraph (4):

    ``(4) Subject to the direction and control of the Director of 
Central Intelligence, the Council may carry out its responsibilities 
under this subsection by contract, including contracts for substantive 
experts necessary to assist the Council with particular assessments 
under this subsection.''; and
            (5) in paragraph (5), as so redesignated, by adding at the 
        end the following: ``The Council shall also be readily 
        accessible to policymaking officials and other appropriate 
        individuals not otherwise associated with the intelligence 
        community.''.

SEC. 807. ENHANCEMENT OF AUTHORITY OF DIRECTOR OF CENTRAL INTELLIGENCE 
            TO MANAGE BUDGET, PERSONNEL, AND ACTIVITIES OF INTELLIGENCE 
            COMMUNITY.

    (a) In General.--Section 103(c) of the National Security Act of 1947 
(50 U.S.C. 403-3(c)) is amended--
            (1) by striking out paragraph (1) and inserting in lieu 
        thereof the following new paragraph (1):
            ``(1) facilitate the development of an annual budget for 
        intelligence and intelligence-related activities of the United 
        States by--
                    ``(A) developing and presenting to the President an 
                annual budget for the National Foreign Intelligence 
                Program; and
                    ``(B) participating in the development by the 
                Secretary of Defense of the annual budgets for the Joint 
                Military Intelligence Program and the Tactical 
                Intelligence and Related Activities Program;'';
            (2) by redesignating paragraphs (3) through (6) as 
        paragraphs (4) through (7), respectively; and
            (3) by inserting after paragraph (2) the following new 
        paragraph (3):
            ``(3) approve collection requirements, determine collection 
        priorities, and resolve conflicts in collection priorities 
        levied on national collection assets, except as otherwise agreed 
        with the Secretary of Defense pursuant to the direction of the 
        President;''.

    (b) Use of Funds.--Section 104(c) of the National Security Act of 
1947 (50 U.S.C. 403-4(c)) is amended by adding at the end the following: 
``The Secretary of Defense shall consult with the Director of Central 
Intelligence before reprogramming funds made available under the Joint 
Military Intelligence Program.''.
    (c) Periodic <<NOTE: Guidelines. 50 USC 403-3 note.>> Reports on 
Expenditures.--Not later than 
January 1, 1997, the Director of Central Intelligence and the Secretary 
of Defense shall prescribe guidelines to ensure prompt reporting to the 
Director and the Secretary on a periodic basis of budget

[[Page 110 STAT. 3481]]

execution data for all national, defense-wide, and tactical intelligence 
activities.

    (d) Database <<NOTE: 50 USC 403-3 note.>> Program Tracking.--Not 
later than January 1, 1999, the Director of Central Intelligence and the 
Secretary of Defense shall develop and implement a database to provide 
timely and accurate information on the amounts, purposes, and status of 
the resources, including periodic budget execution updates, for all 
national, defense-wide, and tactical intelligence activities.

    (e) Personnel, <<NOTE: 50 USC 403-4 note.>> Training, and 
Administrative Activities.--Not later than January 31 of each year 
through 1999, the Director of Central Intelligence shall submit to the 
Select Committee on Intelligence of the Senate and the Permanent Select 
Committee on Intelligence of the House of Representatives a report on 
the policies and programs the Director has instituted under subsection 
(f) of section 104 of the National Security Act of 1947.

SEC. 808. RESPONSIBILITIES OF SECRETARY OF DEFENSE PERTAINING TO THE 
            NATIONAL FOREIGN INTELLIGENCE PROGRAM.

    Section 105 of the National Security Act of 1947 (50 U.S.C. 403-5) 
is amended--
            (1) in subsection (a), by inserting ``, in consultation with 
        the Director of Central Intelligence,'' after ``Secretary of 
        Defense'' in the matter preceding paragraph (1); and
            (2) by adding at the end the following:

    ``(d) Annual Evaluation of the Director of Central Intelligence.--
The Director of Central Intelligence, in consultation with the Secretary 
of Defense and the Chairman of the Joint Chiefs of Staff, shall submit 
each year to the Committee on Foreign Intelligence of the National 
Security Council and the appropriate congressional committees (as 
defined in section 109(c) of this Act) an evaluation of the performance 
and the responsiveness of the National Security Agency, the National 
Reconnaissance Office, and the National Imagery and Mapping Agency in 
meeting their national missions.''.

SEC. 809. IMPROVEMENT OF INTELLIGENCE COLLECTION.

    (a) Assistant Director of Central Intelligence for Collection.--
Section 102 of the National Security Act of 1947, as amended by section 
805(a) of this Act, is further amended by adding at the end the 
following:
    ``(f) Assistant Director of Central Intelligence for Collection.--
(1) To assist the Director of Central Intelligence in carrying out the 
Director's responsibilities under this Act, there shall be an Assistant 
Director of Central Intelligence for Collection who shall be appointed 
by the President, by and with the advice and consent of the Senate.
    ``(2) The Assistant Director for Collection shall assist the 
Director of Central Intelligence in carrying out the Director's 
collection responsibilities in order to ensure the efficient and 
effective collection of national intelligence.''.
    (b) Consolidation of Human Intelligence Collection Activities.--Not 
later than 90 days after the date of the enactment of this Act, the 
Director of Central Intelligence and the Deputy Secretary of Defense 
shall jointly submit to the Committee on Armed Services and the Select 
Committee on Intelligence of the Senate and the Committee on National 
Security and the Permanent Select Committee on Intelligence of the House 
of Representatives a report on the ongoing efforts of those officials to 
achieve


[[Page 110 STAT. 3482]]

commonality, interoperability, and, where practicable, consolidation of 
the collection of clandestine intelligence from human sources 
conducted by the Defense Human Intelligence Service of the Department of 
Defense and the Directorate of Operations of the Central Intelligence 
Agency.

SEC. 810. IMPROVEMENT OF ANALYSIS AND PRODUCTION OF 
            INTELLIGENCE.

    Section 102 of the National Security Act of 1947, as amended by 
section 809(a) of this Act, is further amended by adding at the end the 
following:
    ``(g) Assistant Director of Central Intelligence for Analysis and 
Production.--(1) To assist the Director of Central Intelligence in 
carrying out the Director's responsibilities under this Act, there shall 
be an Assistant Director of Central Intelligence for Analysis and 
Production who shall be appointed by the 
President, by and with the advice and consent of the Senate.
    ``(2) The Assistant Director for Analysis and Production shall--
            ``(A) oversee the analysis and production of intelligence by 
        the elements of the intelligence community;
            ``(B) establish standards and priorities relating to such 
        analysis and production;
            ``(C) monitor the allocation of resources for the analysis 
        and production of intelligence in order to identify unnecessary 
        duplication in the analysis and production of intelligence;
            ``(D) identify intelligence to be collected for purposes of 
        the Assistant Director of Central Intelligence for Collection; 
        and
            ``(E) provide such additional analysis and production of 
        intelligence as the President and the National Security Council 
        may require.''.

SEC. 811. IMPROVEMENT OF ADMINISTRATION OF INTELLIGENCE ACTIVITIES.

    Section 102 of the National Security Act of 1947, as amended by 
section 810 of this Act, is further amended by adding at the end the 
following:
    ``(h) Assistant Director of Central Intelligence for 
Administration.--(1) To assist the Director of Central Intelligence in 
carrying out the Director's responsibilities under this Act, there shall 
be an Assistant Director of Central Intelligence for Administration who 
shall be appointed by the President, by and with the advice and consent 
of the Senate.
    ``(2) The Assistant Director for Administration shall manage such 
activities relating to the administration of the intelligence community 
as the Director of Central Intelligence shall require.''.

SEC. 812. PAY LEVEL OF DEPUTY DIRECTOR OF CENTRAL 
            INTELLIGENCE FOR COMMUNITY MANAGEMENT AND ASSISTANT 
            DIRECTORS OF CENTRAL INTELLIGENCE.

    (a) Executive Schedule III Pay Level.--Section 5314 of title 5, 
United States Code, is amended by striking out item the relating to the 
Deputy Director of Central Intelligence and inserting in lieu thereof 
the following:
            ``Deputy Directors of Central Intelligence (2).''.

    (b) Executive Schedule IV Pay Level.--Section 5315 of 
title 5, United States Code, is amended by adding at the end the 
following:

[[Page 110 STAT. 3483]]

            ``Assistant Directors of Central Intelligence (3).''.

SEC. 813. GENERAL COUNSEL OF THE CENTRAL INTELLIGENCE AGENCY.

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

          ``general counsel of the central intelligence agency

    ``Sec. 20. <<NOTE: 50 USC 403t.>> (a) There is a General Counsel of 
the Central Intelligence Agency, appointed from civilian life by the 
President, by and with the advice and consent of the Senate.

    ``(b) The General Counsel is the chief legal officer of the Central 
Intelligence Agency.
    ``(c) The General Counsel of the Central Intelligence Agency shall 
perform such functions as the Director of Central Intelligence may 
prescribe.''.
    (b) Applicability <<NOTE: 50 USC 403t note.>> of Appointment 
Requirements.--The requirement established by section 20 of the Central 
Intelligence Agency Act of 1949, as added by subsection (a), for the 
appointment by the President, by and with the advice and consent of the 
Senate, of an individual to the position of General Counsel of the 
Central Intelligence Agency shall apply as follows:
            (1) To any vacancy in such position that occurs after the 
        date of the enactment of this Act.
            (2) To the incumbent serving in such position on the date of 
        the enactment of this Act as of the date that is six months 
        after such date of enactment, if such incumbent has served in 
        such position continuously between such date of enactment and 
        the date that is six months after such date of enactment.

    (c) Executive Schedule IV Pay Level.--Section 5315 of title 5, 
United States Code, as amended by section 812 of this Act, is further 
amended by adding at the end the following:
            ``General Counsel of the Central Intelligence Agency.''.

SEC. 814. ASSISTANCE FOR LAW ENFORCEMENT AGENCIES BY 
            INTELLIGENCE COMMUNITY.

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

         ``assistance to united states law enforcement agencies

    ``Sec. 105A. <<NOTE: 50 USC 403-5a.>> (a) Authority To Provide 
Assistance.--Subject to subsection (b), elements of the intelligence 
community may, upon the request of a United States law enforcement 
agency, collect information outside the United States about individuals 
who are not United States persons. Such elements may collect such 
information notwithstanding that the law enforcement agency intends to 
use the information collected for purposes of a law enforcement 
investigation or counterintelligence investigation.

    ``(b) Limitation on Assistance by Elements of Department of 
Defense.--(1) With respect to elements within the Department of Defense, 
the authority in subsection (a) applies only to the following:
            ``(A) The National Security Agency.
            ``(B) The National Reconnaissance Office.
            ``(C) The National Imagery and Mapping Agency.

[[Page 110 STAT. 3484]]

            ``(D) The Defense Intelligence Agency.

    ``(2) Assistance provided under this section by elements of the 
Department of Defense may not include the direct participation of a 
member of the Army, Navy, Air Force, or Marine Corps in an arrest or 
similar activity.
    ``(3) Assistance may not be provided under this section by an 
element of the Department of Defense if the provision of such assistance 
will adversely affect the military preparedness of the United States.
    ``(4) <<NOTE: Regulations.>> The Secretary of Defense shall 
prescribe regulations governing the exercise of authority under this 
section by elements of the Department of Defense, including regulations 
relating to the protection of sources and methods in the exercise of 
such authority.

    ``(c) Definitions.--For purposes of subsection (a):
            ``(1) The term `United States law enforcement agency' means 
        any department or agency of the Federal Government that the 
        Attorney General designates as law enforcement agency for 
        purposes of this section.
            ``(2) The term `United States person' means the following:
                    ``(A) A United States citizen.
                    ``(B) An alien known by the intelligence agency 
                concerned to be a permanent resident alien.
                    ``(C) An unincorporated association substantially 
                composed of United States citizens or permanent resident 
                aliens.
                    ``(D) A corporation incorporated in the United 
                States, except for a corporation directed and controlled 
                by a foreign government or governments.''.

    (b) Clerical Amendment.--The table of contents for that Act is 
amended by inserting after the item relating to section 105 the 
following new item:

``Sec. 105A. Assistance to United States law enforcement agencies.''.

SEC. 815. APPOINTMENT OF OFFICIALS RESPONSIBLE FOR 
            INTELLIGENCE-RELATED ACTIVITIES.

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

    ``appointment of officials responsible for intelligence-related 
                               activities

    ``Sec. 106. (a) Concurrence of DCI in Certain Appointments.--(1) In 
the event of a vacancy in a position referred to in paragraph (2), the 
Secretary of Defense shall obtain the concurrence of the Director of 
Central Intelligence before recommending to the President an individual 
for appointment to the position. If the Director does not concur in the 
recommendation, the Secretary may make the recommendation to the 
President without the 
Director's concurrence, but shall include in the recommendation a 
statement that the Director does not concur in the recommendation.
    ``(2) Paragraph (1) applies to the following positions:
            ``(A) The Director of the National Security Agency.
            ``(B) The Director of the National Reconnaissance Office.
            ``(C) The Director of the National Imagery and Mapping 
        Agency.

    ``(b) Consultation with DCI in Certain Appointments.--(1) In the 
event of a vacancy in a position referred to in paragraph

[[Page 110 STAT. 3485]]

(2), the head of the department or agency having jurisdiction over the 
position shall consult with the Director of Central Intelligence before 
appointing an individual to fill the vacancy or recommending to the 
President an individual to be nominated to fill the vacancy.
    ``(2) Paragraph (1) applies to the following positions:
            ``(A) The Director of the Defense Intelligence Agency.
            ``(B) The Assistant Secretary of State for Intelligence and 
        Research.
            ``(C) The Director of the Office of Nonproliferation and 
        National Security of the Department of Energy.

    ``(3) In the event of a vacancy in the position of the Assistant 
Director, National Security Division of the Federal Bureau of 
Investigation, the Director of the Federal Bureau of Investigation shall 
provide timely notice to the Director of Central Intelligence of the 
recommendation of the Director of the Federal Bureau of Investigation of 
an individual to fill the position in order that the Director of Central 
Intelligence may consult with the Director of the Federal Bureau of 
Investigation before the Attorney General appoints an individual to fill 
the vacancy.''.
    (b) Clerical Amendment.--The table of contents for that Act is 
amended by striking out the item relating to section 106 and inserting 
in lieu thereof the following new item:

``Sec. 106. Appointment of officials responsible for intelligence-
           related activities.''.

SEC. 816. STUDY ON THE FUTURE OF INTELLIGENCE COLLECTION.

    (a) Study.--The Director of Central Intelligence shall, in 
consultation with the Deputy Secretary of Defense, conduct a study on 
the future of intelligence collection. The study shall address whether 
collection resources can be managed in a more consolidated, integrated 
manner. The study is not limited to, but should include, specific 
examination of the following:
            (1) Establishing within the Intelligence Community a single 
        agency with responsibility for--
                    (A) the clandestine collection of intelligence 
                through human sources and other clandestine techniques;
                    (B) covert action; and
                    (C) representing the Director of Central 
                Intelligence in liaison with foreign intelligence and 
                security services.
            (2) Establishing a single agency for the conduct of 
        technical intelligence collection activities, including--
                    (A) signals intelligence (SIGINT), imagery 
                intelligence (IMINT), and measurement and signatures 
                intelligence (MASINT);
                    (B) first-phase (or initial) exploitation of the 
                results of such collection;
                    (C) dissemination of such collection in a timely 
                manner;
                    (D) development of processing and exploitation 
                technologies to support these functions; and
                    (E) serving as the sole agent within the 
                Intelligence Community for--
                          (i) the specification of technical 
                      requirements for such reconnaissance systems as 
                      may be needed to meet the signals intelligence, 
                      imagery intelligence, and measurement and 
                      signatures intelligence collection requirements of 
                      the Intelligence Community; and
                          (ii) the operation and final disposition of 
                      such 
                      systems.

[[Page 110 STAT. 3486]]

            (3) Establishing a single agency--
                    (A) to serve as the sole agent within the 
                Intelligence Community for the conduct of research, 
                development, test, and evaluation, for procurement, and 
                for launch of satellite reconnaissance systems that may 
                be required to satisfy the intelligence collection 
                requirements of the Intelligence Community; and
                    (B) to serve as the primary agent within the 
                Intelligence Community for the conduct of research, 
                development, test, evaluation and for procurement of 
                reconnaissance, surveillance, and sensor systems, 
                including airborne and maritime reconnaissance 
                capabilities within the National Foreign Intelligence 
                Program and the Joint Military Intelligence Program.

    (b) Criteria.--The study under subsection (a) shall--
            (1) take into account current and future technological 
        capabilities and intelligence requirements;
            (2) take into account the costs and benefits associated with 
        establishing each of the agencies described in paragraphs (1) 
        through (3) of subsection (a) as well as the costs and benefits 
        of maintaining the current system of distinct ``collection 
        stovepipes''; and
            (3) examine establishing each of the agencies described in 
        paragraphs (1) through (3) of subsection (a) both on their 
        individual merits and also with a view toward having such 
        agencies co-exist as an entire new organizational structure.

    (c) Report.--Not later than April 15, 1997, the Director of Central 
Intelligence shall submit a report on the study to the following:
            (1) The President.
            (2) The Secretary of Defense.
            (3) The Select Committee on Intelligence and the 
        Committee on Armed Services of the Senate.
            (4) The Permanent Select Committee on Intelligence and the 
        Committee on National Security of the House of 
        Representatives.

SEC. 817. INTELLIGENCE RESERVE CORPS.

    (a) Report on Corps.--Not later than four months after the date of 
the enactment of this Act, the Director of Central Intelligence shall 
submit to the appropriate committees of Congress a report on the Surge 
Augmentation Program to provide for an Intelligence Reserve Corps to 
serve as a surge or augmentation resource for the Intelligence 
Community. The report shall include such recommendations for legislation 
as the Director considers appropriate.
    (b) Appropriate Committees Defined.--In this section, the term 
``appropriate committees of Congress'' means the following:
            (1) The Committee on Governmental Affairs and the Select 
        Committee on Intelligence of the Senate.
            (2) The Committee on Government Reform and Oversight and the 
        Permanent Select Committee on Intelligence of the House of 
        Representatives.

[[Page 110 STAT. 3487]]

                       TITLE IX--FINANCIAL MATTERS

SEC. 901. AUTHORIZATION OF FUNDING PROVIDED BY 1996 
            SUPPLEMENTAL APPROPRIATIONS ACT.

    Amounts obligated or expended for intelligence or intelligence-
related activities based on and otherwise in accordance with the 
appropriations provided by the Omnibus Consolidated Rescissions and 
Appropriations Act of 1996 (Public Law 104-134), including any such 
obligations or expenditures occurring before the enactment of this Act, 
shall be deemed to have been specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) and are hereby ratified and confirmed.

    Approved October 11, 1996.

LEGISLATIVE HISTORY--H.R. 3259 (S. 1718):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 104-578, Pt. 1 (Permanent Select Comm. on 
Intelligence) and 104-832 (Comm. of Conference).
SENATE REPORTS: Nos. 104-258 (Select Comm. on Intelligence), 104-277 
(Comm. on Armed Services), and 104-337 (Comm. on Governmental Affairs) 
all accompanying S. 1718.
CONGRESSIONAL RECORD, Vol. 142 (1996):
            May 22, considered and passed House.
            Sept. 17, considered and passed Senate, amended, in lieu of 
                S. 1718.
            Sept. 25, House and Senate agreed to conference report.

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