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Mr. BOREN. Mr. President, I ask unanimous consent that the Senate Committee on Intelligence be discharged from further consideration of H.R. 5095, the companion bill of S. 2991; that the Senate proceed to its immediate consideration; that all after the enacting clause be stricken, and the text of S. 2991, as amended, be inserted in lieu thereof, and that the bill be deemed read the third time, passed, and the motion to reconsider laid upon the table.
So the bill (H.R. 5095), as amended, was deemed read the third time and passed, as follows:
Resolved, That the bill from the House of Representatives (H.R. 5095) entitled `An Act to authorize appropriations for fiscal year 1993 for intelligence and intelligence-related activities of the United States Government and the Central Intelligence Agency Retirement and Disability System, to revise and restate the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, 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 1993'.
(b) Table of Contents: The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Community Management Staff.
Sec. 201. Authorization of appropriations.
Sec. 301. Postemployment assistance for certain DIA employees.
Sec. 302. Inclusion of Senior Executive Service positions in civilian intelligence personnel system.
Sec. 303. Awarding of degrees by Defense Intelligence College.
Sec. 304. National Security Education Act amendments.
Sec. 305. Pay and allowances for employees of the National Security Agency.
Sec. 401. Temporary FBI authority to accept bequests or devises.
Sec. 501. Authority of Inspector General to receive complaints and information from any person.
Sec. 601. Increase in employee compensation and benefits authorized by law.
Sec. 602. Restriction on conduct of intelligence activities.
Sec. 603. Sense of Congress regarding disclosure of annual intelligence budget.
Sec. 604. Redesignation of National Security Education Act of 1991.
Sec. 701. Short title.
Sec. 702. Definitions.
Sec. 711. Participation of the Director of Central Intelligence in the National Security Council.
Sec. 721. Appointment of the Director and Deputy Director of Central Intelligence.
Sec. 722. Responsibilities and authorities of the Director of Central Intelligence.
Sec. 731. Responsibilities of the Secretary of Defense pertaining to the National Foreign Intelligence Program.
Sec. 741. Effective date.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 1993 for the conduct of the intelligence 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 the Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specification of Amounts and Personnel Ceilings: The amounts authorized to be appropriated under section 101, and the authorized personnel ceilings as of September 30, 1993, for the conduct of the intelligence activities of the elements listed in such section, are those specified in the classified Schedule of Authorizations prepared by the Committee of Conference to accompany (S. 2991) of the One Hundred Second Congress.
(b) Availability of Classified Schedule of Authorizations: The Schedule of Authorizations shall be made available to the Committee 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: The Director of Central Intelligence may authorize employment of civilian personnel in excess of the numbers authorized for fiscal year 1993 under section 102 of this Act whenever he determines that such action is necessary to the performance of important intelligence functions, except that such number 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 Select Committee on Intelligence of the Senate and the Permanent Select Committee of the House of Representatives whenever he exercises the authority granted by this section.
SEC. 104. COMMUNITY MANAGEMENT STAFF.
(a) Authorization of Appropriations: There is authorized to be appropriated for the Community Management Staff of the Director of Central Intelligence for fiscal year 1993 the sum of $10,500,000.
(b) Authorized Personnel Levels: The Community Management Staff of the Director of Central Intelligence is authorized 68 full-time personnel as of September 30, 1993. Such personnel may be permanent employees of personnel detailed from other elements of the United States Government. Any such personnel detailed to the Community Management Staff from another element of the United States Government shall be detailed on a reimbursable basis, except that such personnel may be detailed on a nonreimbursable basis for a period of less than one year for the performance of temporary functions as required by the Director of Central Intelligence.
(c) Administration of Community Management Staff: The activities and personnel of the Community Management Staff of the Director of Central Intelligence shall be subject to the provisions of the National Security Act of 1947 (50 U.S.C. 401 et seq.) and the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) in the same manner as are the activities and personnel of the Central Intelligence Agency.
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 1993 the sum of $168,900,000.
TITLE III--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
SEC. 301. POSTEMPLOYMENT ASSISTANCE FOR CERTAIN DIA EMPLOYEES.
(a) Assistance Authorized: Section 1604(e) of title 10, United States Code, is amended by adding at the end thereof the following new paragraph:
`(4)(A) Notwithstanding any other provision of law, the Secretary of Defense may assist employees who have occupied sensitive positions in the Defense Intelligence Agency and who are found to be ineligible for continued access to Sensitive Compartmented Information and employment with the Defense Intelligence Agency, or whose employment with the Defense Intelligence Agency has been terminated--
`(i) in finding and qualifying for subsequent employment;
`(ii) in receiving treatment of medical or psychological disabilities; and
`(iii) in receiving necessary financial support during periods of unemployment.
`(B) Assistance may be provided under subparagraph (A) only if the Secretary determines that such assistance is essential to maintain the judgment and emotional stability of such employee and to avoid circumstances that might lead to the unlawful disclosure of classified information to which such employee had access. Assistance provided under subparagraph (A) for an employee may not be provided any longer than five years after the termination of the employment of the employee.
`(C) The Secretary of Defense shall submit to the Committees on Appropriations of the Senate and House of Representatives, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives an annual report describing the expenditures, if any, made pursuant to this paragraph during the fiscal year preceding the fiscal year in which the report is submitted.'.
(b) First Annual Report: The first report under paragraph (4) of section 1604(e) of title 10, United States Code, shall be submitted not later than 12 months after the date of the enactment of this Act.
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SEC. 302. INCLUSION OF SENIOR EXECUTIVE SERVICE POSITIONS IN CIVILIAN INTELLIGENCE PERSONNEL SYSTEM.
(a) Inclusion of Senior Executive Service Positions: Section 1590 of title 10, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by inserting `, including positions in the Senior Executive Service,' after `positions'; and
(B) by inserting after `such departments' the following: `, except that the total number of positions in the Senior Executive Service established pursuant to this section may not exceed one-half of one percent of the total number of all civilian intelligence positions established pursuant to this section;';
(2) in subsection (b), by inserting after the first sentence the following new sentence: `The Secretary shall also fix rates of pay for positions in the Senior Executive Service established pursuant to this section that are not in excess of the maximum rate or less than the minimum rate of basic pay established pursuant to section 5382 of title 5.'; and
(3) by inserting at the end of the section the following new subsections:
`(f) With regard to any position in the Senior Executive Service which may be established pursuant to this section, the Secretary of Defense shall prescribe regulations to implement this section which are consistent with the requirements set forth in sections 3131, 3132(a)(2), 3393a, 3396(c), 3592, 3595(a), 5384, and 6304, subsections (a), (b), and (c) of section 7543 (except that any hearing or appeal to which a member of the Senior Executive Service is entitled shall be held or decided pursuant to regulations issued by the Secretary), and subchapter II of chapter 43 of title 5. The Secretary of Defense shall also prescribe, to the extent practicable, regulations to implement such other provisions of title 5 as apply to members of the Senior Executive Service or to individuals applying for positions in the Senior Executive Service.
`(g) The President, based on the recommendations of the Secretary of Defense, may award a rank referred to in section 4507 of title 5 to members of the Senior Executive Service whose positions may be established pursuant to this section. The awarding of such a rank shall be made in a manner consistent with the provisions of that section.'.
(b) Conforming Amendment: Section 3132(a)(1)(B) of title 5, United States Code, is amended by inserting after `National Security Agency' the following: `, Department of Defense intelligence activities the civilian employees of which are subject to section 1590 of title 10,'.
SEC. 303. AWARDING OF DEGREES BY DEFENSE INTELLIGENCE COLLEGE.
(a) Amendment to Title 10: Section 2161 of title 10, United States Code, is amended to read as follows:
`2161. Defense Intelligence College: conferral of degrees on graduates
`(a) Under regulations prescribed by the Secretary of Defense, the Commandant of the Defense Intelligence College may, upon recommendation by the faculty of such college, confer a bachelor's or master's degree appropriate to the profession of intelligence upon graduates of the college who have fulfilled the requirements for that degree.
`(b) A degree may not be conferred under this section unless entering students have fulfilled general education requirements suitable for a bachelor's degree before being accepted into the program and unless the curriculum leading to the degree is approved by the Secretary of Education and is accredited by a professional authority determined appropriate by the Secretary of Defense.'.
(b) Table of Sections: The item relating to that section in the table of sections at the beginning of chapter 108 of such title is amended to read as follows:
`2161. Defense Intelligence College: conferral of degrees on graduates.'.
SEC. 304. NATIONAL SECURITY EDUCATION ACT AMENDMENTS.
(a) Administration of Program: The National Security Education Act of 1991 (title VIII of the Intelligence Authorization Act, Fiscal Year 1992) (50 U.S.C. 1901 et seq.) is amended--
(1) in section 802(a)(1)(A), by inserting `or equivalent term,' after `at least one academic semester';
(2) in section 802(a)(1)(B)(i), by striking `in the United States' and inserting in lieu thereof `as part of a graduate degree program of a United States institution of higher education';
(3) in section 802(a)(4), by inserting at the end of the subsection the following new sentence: `In addition, the Secretary may enter into personal service contracts for periods up to one year for program administration, except that not more than 10 such contracts may be in effect at any one time.';
(4) by amending section 802(e) to read as follows:
`(e) Administration of Program: The Secretary shall establish an independent center for international studies to administer the program.'; and
(5) in section 803(b), by--
(A) redesignating paragraph (7) as paragraph (8);
(B) inserting after paragraph (6) the following new paragraph:
`(7) The Chairperson of the National Endowment for the Humanities.'; and
(C) in paragraph (8) (as so redesignated)--
(i) by striking `Four individuals' and inserting in lieu thereof `Six individuals'; and
(ii) by inserting before the period at the end the following: `and who may not be officers or employees of the Federal Government'.
`(6) in section 804(c), by striking `obligation' and inserting in lieu thereof `expenditure'.
(b) Authorization of Appropriations to the National Security Education Trust Fund: There is authorized to be appropriated to the National Security Education Trust Fund, established pursuant to section 804 of the Intelligence Authorization Act of 1991 (50 U.S.C. 1904), for fiscal year 1993, the sum of $35,000,000.
SEC. 305. PAY AND ALLOWANCES FOR EMPLOYEES OF THE NATIONAL SECURITY AGENCY.
Section 2 of the National Security Agency Act of 1959 (Public Law 86-36; 50 U.S.C. 402 note) is amended to read as follows:
`Sec. 2. (a) The Secretary of Defense (or his designee) is authorized to establish such positions, and to appoint thereto, without regard to the civil service laws, such officers and employees, in the National Security Agency, as may be necessary to carry out the functions of such agency. The rates of basic pay for such positions shall be fixed by the Secretary of Defense (or his designee for this purpose) in relation to the rates of basic pay provided for in subpart D of part III of title 5, United States Code, for positions subject to such title which have corresponding levels of duties and responsibilities. Except as otherwise provided by law, no officer or employee of the National Security Agency shall be paid basic pay at a rate in excess of the maximum rate payable under section 5376 of such title and not more than 70 such officers and employees shall be paid within the range of rates authorized in section 5376 of such title.
`(b) The Secretary of Defense (or his designee) may provide officers and employees of the National Security Agency other compensation, benefits, incentives, and allowances which are consistent with, and do not exceed the levels authorized for, such compensation, benefits, incentives, or allowances by title 5, United States Code.'.
TITLE IV--FEDERAL BUREAU OFINVESTIGATION ADMINISTRATIVE PROVISIONS
SEC. 401. TEMPORARY FBI AUTHORITY TO ACCEPT BEQUESTS OR DEVISES.
(a) Acceptance of Bequests: During fiscal year 1993, the Director of the Federal Bureau of Investigation may accept, on behalf of the Bureau, any bequest or devise made by a citizen of the United States, if such bequest or devise is used only--
(1) to fund and administer, in accordance with regulations prescribed by the Director, a scholarship program for the benefit of the immediate families of Federal law enforcement officers slain or permanently disabled in the line of duty; and
(2) to pay all necessary expenses in connection with the acceptance of such bequest or devise.
(b) Authority To Use Funds: (1) Notwithstanding any other provision of law, proceeds from the sale of property accepted as a bequest or devise by the Director pursuant to subsection (a) shall be maintained in an interest bearing account and shall remain available for disbursement for purposes of this section until such funds are expended.
(2) The authority of paragraph (1) may be exercised only to such extent and in such amounts as are provided in advance in appropriation Acts.
(c) Regulations Required: Not later than 90 days after accepting any bequest or devise pursuant to this section, the Director shall prescribe regulations to implement the provisions of this section in a fair, equitable manner, and shall make copies of such regulations available to all Federal law enforcement agencies. Copies of such regulations shall also be provided the Judiciary Committees of the Senate and the House of Representatives.
TITLE V--CENTRAL INTELLIGENCE AGENCY
SEC. 501. AUTHORITY OF INSPECTOR GENERAL TO RECEIVE COMPLAINTS AND INFORMATION FROM ANY PERSON.
Section 17(e)(3) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403q) is amended--
(1) by striking `an employee of the Agency' and inserting in lieu thereof `any person'; and
(2) by inserting `from an employee of the Agency' after `received'.
TITLE VI--GENERAL PROVISIONS
SEC. 601. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY LAW.
There are authorized to be appropriated to carry out the purposes of this Act such additional amounts for fiscal year 1993 as may be necessary for increases in salary, pay, retirement, and other employee benefits authorized by law.
SEC. 602. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations in this Act does not 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. 603. SENSE OF CONGRESS REGARDING DISCLOSURE OF ANNUAL INTELLIGENCE BUDGET.
It is the sense of Congress that, beginning in 1993, and in each year thereafter, the aggregate amount requested and authorized for, and spent on, intelligence and intelligence-related activities should be disclosed to the public in an appropriate manner.
SEC. 604. REDESIGNATION OF NATIONAL SECURITY EDUCATION ACT OF 1991.
Section 801(a) of Public Law 102-183 is amended to read as follows:
`(a) Short Title: This title may be cited as the `David L. Boren National Security Education Act of 1991'.'.
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TITLE VII--INTELLIGENCE REORGANIZATION ACT OF 1992
Subtitle A--In General
SEC. 701. SHORT TITLE.
This title may be cited as the `Intelligence Reorganization Act of 1992'.
SEC. 702. DEFINITIONS.
The National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended by inserting after section 2 the following new section:
`SEC. 3. DEFINITIONS.
`As used in this Act--
`(1) the term `commissioned officer of the Armed Forces' does not include a commissioned warrant officer;
`(2) the term `counterintelligence' means information gathered and activities conducted to protect against espionage, other intelligence activities, sabotage, or assassinations conducted by or on behalf of foreign powers, foreign organizations, or foreign persons, or international terrorist activities;
`(3) the term `Intelligence Community' includes--
`(A) the Office of the Director of Central Intelligence, which shall include the Office of the Deputy Director of Central Intelligence, the National Intelligence Council (as provided for in section 105(b)(3)), and such other offices as the Director may designate;
`(B) the Central Intelligence Agency;
`(C) the National Security Agency;
`(D) the Defense Intelligence Agency;
`(E) the central imagery authority within the Department of Defense;
`(F) the National Reconnaissance Office within the Department of Defense;
`(G) other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;
`(H) the intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Federal Bureau of Investigation, the Department of the Treasury, and the Department of Energy;
`(I) the Bureau of Intelligence and Research of the Department of State; and
`(J) such other elements of any other department or agency as may be designated by the President, or designated jointly by the Director of Central Intelligence and the head of the department or agency concerned, as an element of the Intelligence Community;
`(4) the term `intelligence' includes foreign intelligence and counterintelligence;
`(5) the term `foreign intelligence' means information relating to the capabilities, intentions, or activities of foreign powers, foreign organizations, or foreign persons;
`(6) the term `foreign power' means--
`(A) a foreign government or any component thereof;
`(B) an entity that is openly acknowledged by a foreign government or governments to be directed and controlled by such foreign government or governments;
`(C) any group engaged in international terrorist activities or international narcotics activities abroad; or
`(D) a foreign-based political organization not substantially composed of United States citizens or persons admitted into the United States for permanent residence;
`(7) the terms `national intelligence' and `intelligence related to the national security'--
`(A) each refer to intelligence which pertains to the interests of more than one department or agency of the Government; and
`(B) do not refer to counterintelligence or law enforcement activities conducted by the Federal Bureau of Investigation except to the extent provided for in procedures agreed to by the Director of Central Intelligence and the Attorney General, or otherwise as expressly provided for in this title; and
`(8) the term `National Foreign Intelligence Program' refers to all programs, projects, and activities of the Intelligence Community, as well as any other programs of the Intelligence Community designated jointly by the Director of Central Intelligence and the head of a United States department or agency or by the President, and does not include programs, projects, or activities of the military departments to acquire intelligence solely for the planning and conduct of tactical military operations by United States Armed Forces.'.
Subtitle B--The National Security Council
SEC. 711. PARTICIPATION OF THE DIRECTOR OF CENTRAL INTELLIGENCE IN THE NATIONAL SECURITY COUNCIL.
Section 101 of the National Security Act of 1947 (50 U.S.C. 402) is amended by adding at the end thereof the following new subsection:
`(h) The Director of Central Intelligence (or, in his absence, the Deputy Director of Central Intelligence) may, in performance of his duties under this Act and subject to the direction of the President, attend and participate in meetings of the National Security Council.'.
Subtitle C--The Director of Central Intelligence
SEC. 721. APPOINTMENT OF THE DIRECTOR AND DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE.
(a) In General: Section 102(a) of the National Security Act of 1947 (50 U.S.C. 403(a)) is amended--
(1) by inserting `(1)' immediately after `(a)';
(2) in the first sentence--
(A) by striking `under the National Security Council'; and
(B) by striking `with a Director' and all that follows through `disability'; and
(3) by striking the second sentence and subsections (b) through (f) and inserting in lieu thereof the following:
`(2) There shall be a Director of Central Intelligence who shall be appointed by the President, by and with the advice and consent of the Senate--
`(A) who shall serve as head of the United States Intelligence Community;
`(B) who shall act as the principal adviser to the President for intelligence matters related to the national security; and
`(C) who shall serve as head of the Central Intelligence Agency.
`(3) To assist the Director of Central Intelligence in carrying out his responsibilities under this Act, there shall be a Deputy Director of Central Intelligence, who shall be appointed by the President, by and with the advice and consent of the Senate, who shall act for, and exercise the powers of, the Director during his or her absence or disability.
`(4)(A) The Director or Deputy Director of Central Intelligence may be appointed from among the commissioned officers of the Armed Forces, or from civilian life, but at no time shall both positions be simultaneously occupied by commissioned officers of the Armed Forces, whether in an active or retired status.
`(B) It is the sense of the Congress that under ordinary circumstances, it is desirable that either the Director or the Deputy Director be a commissioned officer of the Armed Forces or that either such appointee otherwise have, by training or experience, an appreciation of military intelligence activities and requirements.
`(5)(A) A commissioned officer of the Armed Forces appointed pursuant to paragraph (2) or (3), while serving in such position--
`(i) shall not be subject to supervision or control by the Secretary of Defense or by any officer or employee of the Department of Defense;
`(ii) shall not exercise, by reason of his or her status as a commissioned officer, any supervision or control with respect to any of the military or civilian personnel of the Department of Defense except as otherwise authorized by law; and
`(iii) shall not be counted against the numbers and percentages of commissioned officers of the rank and grade of such officer authorized for the military department of which such officer is a member.
`(B) Except as provided in clause (i) or (ii) of paragraph (A), the appointment of a commissioned officer of the Armed Forces pursuant to paragraph (2) or (3) shall in no way affect the status, position, rank, or grade of such officer in the Armed Forces, or any emolument, perquisite, right, privilege, or benefit incident to or arising out of any such status, position, rank, or grade.
`(C) A commissioned officer of the Armed Forces appointed pursuant to paragraph (2) or (3), while serving in such position, shall continue to receive military pay and allowances (including retired or retainer pay) payable to a commissioned officer of the officer's grade and length of service for which the appropriate military department shall be reimbursed from funds available to the Director of Central Intelligence.
`(6) The Office of the Director of Central Intelligence shall, for administrative purposes, be within the Central Intelligence Agency.'.
(b) Amendment to Title 5, United States Code: Section 5312 of title 5, United States Code, is amended by adding at the end thereof the following new undesignated paragraph:
`Director of Central Intelligence.'.
SEC. 722. RESPONSIBILITIES AND AUTHORITIES OF THE DIRECTOR OF CENTRAL INTELLIGENCE.
(a) In General: The National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended--
(1) by redesignating section 103 as section 107, and section 104 as section 108; and
(2) by striking section 102a and inserting in lieu thereof the following new sections:
`SEC. 103. RESPONSIBILITIES OF THE DIRECTOR OF CENTRAL INTELLIGENCE.
`(a) Provision of Intelligence: Under the direction of the National Security Council, the Director of Central Intelligence shall be responsible for providing timely, objective national intelligence, independent of political considerations, and based upon all sources available to the Intelligence Community--
`(1) to the President;
`(2)(A) to the heads of departments and agencies of the executive branch; and
`(B) to the Chairman of the Joint Chiefs of Staff and senior military commanders; and
`(3) where appropriate, to the Senate and House of Representatives and the committees thereof.
`(b) Establishment of National Intelligence Council: (1)(A) There is established within the Office of the Director of Central Intelligence the National Intelligence Council (hereafter in this section referred to as the `Council'), composed of senior analysts within the Intelligence Community and substantive experts from the public and private sector, who shall be appointed by, report to, and serve at the pleasure of, the Director of Central Intelligence. The Council shall be headed by a Chairman with two deputy chairmen, at least one of whom shall be from the private sector.
`(B) The Director shall prescribe appropriate security requirements for personnel appointed from the private sector as a condition of service on the Council to ensure the protection of intelligence sources and methods while avoiding, wherever possible, unduly intrusive requirements which are deemed unnecessary by the Director for this purpose.
`(2) The Council shall--
`(A) produce national intelligence estimates for the Government, including, whenever the Council deems appropriate, alternative views held by elements of the Intelligence Community; and
`(B) otherwise assist the Director in carrying out the responsibilities described in subsection (a).
`(3) Within their respective areas of expertise and under the direction of the Director, the members of the Council shall constitute the senior intelligence advisers of the Intelligence Community for purposes of representing the views of the Intelligence Community within the Government.
`(4) The Director shall make available to the Council such staff as may be necessary to permit the Council to carry out its responsibilities under this subsection, and shall take appropriate measures to ensure that the Council and its staff satisfy the needs of policymaking officials and other consumers of intelligence.
`(5) The heads of elements within the Intelligence Community shall, as appropriate, furnish such support to the Council, including the preparation of intelligence analyses, as may be required by the Director.
`(c) As Head of the Intelligence Community: In his capacity as head of the Intelligence Community, the Director shall--
`(1) develop and present to the President and the Congress an annual budget for the National Foreign Intelligence Program of the United States;
`(2) establish the requirements and priorities to govern the collection of national intelligence by elements of the Intelligence Community;
`(3) promote and evaluate the utility of national intelligence to consumers within the Government;
`(4) eliminate waste and unnecessary duplication within the Intelligence Community;
`(5) protect intelligence sources and methods from unauthorized disclosure; and
`(6) perform such other functions as the President or the National Security Council may direct.
`(d) As Head of the Central Intelligence Agency: In his capacity as head of the Central Intelligence Agency, the Director shall--
`(1) collect intelligence through human sources and by other appropriate means, except that the Agency shall have no police, subpoena, or law enforcement powers, or internal security functions;
`(2) provide overall direction for the collection of national intelligence through human sources by elements of the Intelligence Community authorized to undertake such collection and, in coordination with other agencies of the Government which are authorized to undertake such collection, ensure that the most effective use is made of resources and that the risks to the United States and those involved in such collection are minimized;
`(3) correlate and evaluate intelligence related to the national security and providing appropriate dissemination of such intelligence;
`(4) perform such additional services as are of common concern to the elements of the Intelligence Community, which services the Director of Central Intelligence determines can be more efficiently accomplished centrally; and
`(5) perform such other functions and duties related to intelligence affecting the national security as the President or the National Security Council may direct, including the conduct of covert actions as may be authorized pursuant to title V of this Act.
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`SEC. 104. AUTHORITIES OF THE DIRECTOR OF CENTRAL INTELLIGENCE.
`(a) Access to Intelligence: Subject to the direction of the National Security Council, the Director of Central Intelligence shall have access to all intelligence related to the national security which is collected by any department, agency, or other entity of the United States.
`(b) Approval of Budgets: The Director of Central Intelligence shall provide guidance to elements of the Intelligence Community for the preparation of their annual budgets and shall approve such budgets before their incorporation in the National Foreign Intelligence Program.
`(c) Role of DCI in Reprogramming: No funds made available under the National Foreign Intelligence Program may be reprogrammed by any element of the Intelligence Community without the prior approval of the Director of Central Intelligence except in accordance with procedures issued by the Director.
`(d) Transfer of Funds or Personnel Within the National Foreign Intelligence Program: (1) In addition to any other authorities available under law for such purposes, the Director of Central Intelligence is authorized, with the approval of the Director of the Office of Management and Budget, to transfer funds appropriated for a program within the National Foreign Intelligence Program to another such program and, in accordance with procedures to be developed by the Director and the heads of affected departments and agencies, may transfer personnel authorized for an element of the Intelligence Community to another such element for periods up to a year, only if--
`(A) the funds or personnel are being transferred to an activity that is a higher priority intelligence activity;
`(B) the need for funds or personnel for such activity is based on unforeseen requirements;
`(C) the transfer does not involve a transfer of funds to the Reserve for Contingencies of the Central Intelligence Agency;
`(D) the transfer does not involve a transfer of funds or personnel from the Federal Bureau of Investigation; and
`(E) the Secretary or head of the department which contains the affected element or elements of the Intelligence Community does not object to such transfer.
`(2) Funds transferred under this section shall remain available for the same purposes, and for the same period, as the appropriations account from which transferred.
`(3) Any transfer of funds under this section shall be carried out in accordance with existing procedures applicable to reprogramming notifications for the appropriate congressional committees. Any proposed transfer notified to the appropriate congressional committees shall be accompanied by a report explaining the nature of the proposed transfer and how it satisfies the requirements of this subsection. In addition, the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives shall be promptly notified of any transfer of funds made pursuant to this subsection where such transfer would not have otherwise required reprogramming notification under procedures in effect as of the date of enactment of this section.
`(4) The Director shall promptly submit to the Select Committee on Intelligence of the Senate and to the Permanent Select Committee on Intelligence of the House of Representatives and, in the case of the transfer of personnel to or from the Department of Defense, the Committees on Armed Services of the Senate and House of Representatives, a report on any transfer of personnel made pursuant to this subsection. The Director shall include in any such report an explanation of the nature of the transfer and how it satisfies the requirements of this subsection.
`(e) Coordination With Foreign Governments: Under the direction of the National Security Council and in a manner consistent with section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927), the Director of Central Intelligence shall coordinate the relationships between elements of the Intelligence Community and the intelligence or security services of foreign governments on all matters involving intelligence related to the national security or involving intelligence acquired through clandestine means.
`(f) Use of Personnel: The Director of Central Intelligence shall, in coordination with the heads of departments and agencies with elements in the Intelligence Community, institute policies and programs within the Intelligence Community--
`(1) to provide for the rotation of personnel between the elements of the Intelligence Community, where appropriate, and to make such rotated service a factor to be considered for promotion to senior positions; and
`(2) to consolidate, wherever possible, personnel, administrative, and security programs to reduce the overall costs of these activities within the Intelligence Community.
`(g) Termination of Employment of CIA Employees: Notwithstanding the provisions of any other law, the Director of Central Intelligence may terminate the employment of any officer or employee of the Central Intelligence Agency whenever he shall determine such termination necessary or advisable in the interests of the United States, but such termination shall not affect the right of such officer or employee to seek or accept employment in any other department or agency of the Government if declared eligible for such employment by the Office of Personnel Management.'.
(b) Amendments to the Table of Contents: The table of contents of the National Security Act of 1947 is amended by striking out the items relating to sections 102a and 103 and inserting in lieu thereof the following new items:
`Sec. 103. Responsibilities of the Director of Central Intelligence.
`Sec. 104. Authorities of the Director of Central Intelligence.
`Sec. 107. National Security Resources Board.
`Sec. 108. Annual National Security Strategy Report.'.
Subtitle D--The Intelligence Activities of the Department of Defense
SEC. 731. RESPONSIBILITIES OF THE SECRETARY OF DEFENSE PERTAINING TO THE NATIONAL FOREIGN INTELLIGENCE PROGRAM.
(a) In General: The National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended by inserting after section 104 (as added by this title) the following:
`SEC. 105. RESPONSIBILITIES OF THE SECRETARY OF DEFENSE PERTAINING TO THE NATIONAL FOREIGN INTELLIGENCE PROGRAM.
`(a) In General: The Secretary of Defense shall--
`(1) ensure that the budgets of the elements of the Intelligence Community within the Department of Defense are adequate to satisfy the overall intelligence needs of the Department of Defense, including the needs of the Joint Chiefs of Staff and the unified and specified commands, and, wherever such elements are performing governmentwide functions, the needs of other departments and agencies;
`(2) ensure appropriate implementation of the policies and resource decisions of the Director of Central Intelligence by elements of the Department of Defense within the National Foreign Intelligence Program;
`(3) ensure that the tactical intelligence activities of the Department of Defense complement and are compatible with intelligence activities under the National Foreign Intelligence Program;
`(4) ensure that the elements of the Intelligence Community within the Department of Defense are responsive and timely with respect to satisfying the needs of operational military forces;
`(5) eliminate waste and unnecessary duplication among the intelligence activities of the Department of Defense; and
`(6) ensure that intelligence activities of the Department of Defense are conducted jointly where appropriate.
`(b) Responsibility for the Performance of Specific Functions: Consistent with sections 103 and 104 of this Act, the Secretary of Defense shall ensure--
`(1) through the National Security Agency (except as otherwise directed by the President or the National Security Council), the continued operation of an effective unified organization for the conduct of signals intelligence activities and shall ensure that the product is disseminated in a timely manner to authorized recipients;
`(2) through a central imagery authority, with appropriate representation from the Intelligence Community, the continued operation of an effective unified organization within the Department of Defense for carrying out tasking of imagery collection, for the coordination of imagery processing and exploitation activities, and for ensuring the dissemination of imagery in a timely manner to authorized recipients;
`(3) through the National Reconnaissance Office, the continued operation of an effective unified organization for the research and development, acquisition, and operation of overhead reconnaissance systems necessary to satisfy the requirements of all elements of the Intelligence Community;
`(4) through the Defense Intelligence Agency, the continued operation of an effective unified system within the Department of Defense for the production of timely, objective military and military-related intelligence, based upon all sources available to the Intelligence Community, and shall ensure the appropriate dissemination of such intelligence to authorized recipients;
`(5) through the Defense Intelligence Agency, effective management of Department of Defense human intelligence activities, including defense attaches, and of such other intelligence programs as may be assigned to the Agency by the Secretary; and
`(6) that the military departments maintain sufficient capabilities to collect and produce intelligence to meet--
`(A) the requirements of the Director of Central Intelligence;
`(B) the requirements of the Secretary of Defense of the Chairman of the Joint Chiefs of Staff;
`(C) the requirements of the unified and specified combatant commands and of joint operations; and
`(D) the specialized requirements of the departments for intelligence necessary to support tactical commanders, military planners, the research and development process, the acquisition of military equipment, and training and doctrine: Provided, That the Secretary of Defense, in carrying out the functions described in this section, shall be authorized to utilize such elements of the Department of Defense as may be appropriate for the execution of such functions in addition to, or in lieu of, the elements identified in this section.
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`SEC. 106. ADMINISTRATIVE PROVISIONS PERTAINING TO DEFENSE ELEMENTS WITHIN THE INTELLIGENCE COMMUNITY.
`(a) Consultations With Regard to Certain Appointments: The Secretary of Defense shall undertake appropriate consultations with the Director of Central Intelligence before the appointment of any individual as head of the National Security Agency, the Office of Reconnaissance Support (as provided for in section 105(b)(3)), or the Defense Intelligence Agency.
`(b) Appointment of Head of Central Imagery Authority: The Secretary shall appoint, upon the recommendation of the Director, the head of the central imagery authority within the Department of Defense.
`(c) Authority To Withhold Certain Information Regarding the National Reconnaissance Office.--Nothing in this Act or any provision of law shall be construed to require the disclosure of the organization or any function of the National Reconnaissance Office, of any information with respect to the activities thereof, or of the names, titles, salaries, or number of persons employed by, or assigned or detailed to such office.'.
(b) Amendments to the Table of Contents: The table of contents of the National Security Act of 1947 is amended by inserting the following new items:
`Sec. 105. Responsibilities of the Secretary of Defense pertaining to the National Foreign Intelligence Program.
`Sec. 106. Administrative provisions pertaining to defense elements within the Intelligence Community.'.
Subtitle E--Effective Date
SEC. 741. EFFECTIVE DATE.
This title shall take effect on the date of its enactment.
Mr. BOREN. Mr. President, I move to reconsider the vote.
Mr. MURKOWSKI. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. BOREN. Mr. President, I move that the Senate insist upon its amendment, request a conference with the House on the disagreeing votes of the two Houses, and that the Chair be authorized to appoint conferees on the part of the Senate.
The motion was agreed to; and the Presiding Officer appointed Mr. Boren, Mr. Hollings, Mr. Bradley, Mr. Cranston, Mr. DeConcini, Mr. Metzenbaum, Mr. Glenn, Mr. Kerrey, Mr. Murkowski, Mr. Warner, Mr. D'Amato, Mr. Danforth, Mr. Rudman, Mr. Gorton, and Mr. Chafee; and from the Committee on Armed Services, Mr. Nunn and Mr. Thurmond conferees on the part of the Senate.
END