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SECTION 1. SHORT TITLE.
This Act may be cited as the `National Defense Authorization Act for Fiscal Year 1997'.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions: This Act is organized into three divisions as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security Authorizations and Other Authorizations.
(b) Table of Contents: The table of contents for this Act is as follows:
SEC. 216. TACTICAL UNMANNED AERIAL VEHICLE PROGRAM.
SEC. 217. DEFENSE AIRBORNE RECONNAISSANCE PROGRAM.
No official of the Department of Defense may enter into a contract for the procurement of (including advance procurement for) a higher number of Dark Star (tier III) low observable, high altitude endurance unmanned aerial vehicles than is necessary to complete procurement of a total of three such vehicles until flight testing has been completed.
(a) Report Required: The Secretary of Defense shall submit to Congress a report comparing the Predator unmanned aerial vehicle program with the Dark Star (tier III) low observable, high altitude endurance unmanned aerial vehicle program. The report shall contain the following:
(1) A comparison of the capabilities of the Predator unmanned aerial vehicle with the capabilities of the Dark Star unmanned aerial vehicle.
(2) A comparison of the costs of the Predator program with the costs of the Dark Star program.
(3) A recommendation on which program should be funded in the event that funds are authorized to be appropriated, and are appropriated, for only one of the two programs in the future.
(b) Limitation on Use of Funds Pending Submission of Report: Funds appropriated pursuant to section 104 may not be obligated for any contract to be entered into after the date of the enactment of this Act for the procurement of Predator unmanned aerial vehicles until the date that is 60 days after the date on which the Secretary of Defense submits the report required by subsection (a).
SEC. 905. EXECUTIVE OVERSIGHT OF DEFENSE HUMAN INTELLIGENCE PERSONNEL.
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new subsection (f):
`(f) Human Intelligence Personnel: (1) Notwithstanding any other provision of law, subject to the authority, direction, and control of the President, the Secretary of Defense shall perform the responsibility within the executive branch for oversight of the clandestine activities of Department of Defense human intelligence
The Secretary may delegate authority to carry out such responsibility only to the Deputy Secretary of Defense.'.
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SEC. 906. COORDINATION OF DEFENSE INTELLIGENCE PROGRAMS AND ACTIVITIES.
(a) Director of Military Intelligence and Defense Intelligence Board: Subchapter II of chapter 8 of title 10, United States Code, is amended by adding at the end the following:
`203. Director of Military Intelligence; Defense Intelligence Board
`(a) Designation of Director: The Director of the Defense Intelligence Agency is the Director of Military Intelligence. The Director performs the duties of the position under the authority, direction, and control of the Secretary of Defense and reports directly to the Secretary.
`(b) Duties: In addition to any other duties that are assigned to the Director by the Secretary of Defense, the Director--
`(1) manages the General Defense Intelligence Program; and
`(2) is Chairman of the Military Intelligence Board.
`(c) Military Intelligence Board: (1) There is a Military Intelligence Board within the Department of Defense.
`(2) The Military Intelligence Board consists of the Director of Military Intelligence, the Director of the National Security Agency, the Director of the National Imagery and Mapping Agency, the Director of the Defense Information Systems Agency, the senior intelligence officer of each armed force (as designated by the Secretary of the military department having jurisdiction over that armed force or, in the case of the Coast Guard, the Commandant of the Coast Guard), the Deputy Director of the Defense Intelligence Agency, the Director for Joint Staff Intelligence, and any other persons designated as members of the board by the Secretary of Defense.
`(3) The Military Intelligence Board shall be the principal forum for coordination of the intelligence programs and activities of the Department of Defense.'.
(b) Clerical Amendment: The table of sections at the beginning of such subchapter is amended by adding at the end the following:
`203. Director of Military Intelligence; Military Intelligence Board.'.
SEC. 906. ROLE OF DIRECTOR OF CENTRAL INTELLIGENCE IN APPOINTMENT AND EVALUATION OF CERTAIN INTELLIGENCE OFFICIALS.
(a) In General: Section 201 of title 10, United States Code, is amended to read as follows:
`201. Certain intelligence officials: consultation and concurrence regarding appointments; evaluation of performance
`(a) Consultation Regarding Appointment: Before submitting a recommendation to the President regarding the appointment of an individual to the position of Director of the Defense Intelligence Agency, the Secretary of Defense shall consult with the Director of Central Intelligence regarding the recommendation.
`(b) Concurrence in Appointment: Before submitting a recommendation to the President regarding the appointment of an individual to a position referred to in paragraph (2), the Secretary of Defense shall seek the concurrence of the Director of Central Intelligence in the recommendation. 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) Performance Evaluations: (1) The Director of Central Intelligence shall provide annually to the Secretary of Defense an evaluation of the performance of the individuals holding the positions referred to in paragraph (2) in fulfilling their respective responsibilities with regard to the National Foreign Intelligence Program.
`(2) The positions referred to in paragraph (1) are the following:
`(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) Clerical Amendment: The table of sections at the beginning of subchapter II of chapter 8 of such title is amended by striking out the item relating to section 201 and inserting in lieu thereof the following new item:
`201. Certain intelligence officials: consultation and concurrence regarding appointments; evaluation of performance.'.
Subtitle B--National Imagery and Mapping Agency
SEC. 911. SHORT TITLE.
This subtitle may be cited as the `National Imagery and Mapping Agency Act of 1996'.
SEC. 912. FINDINGS.
Congress makes the following findings:
(1) There is a need within the Department of Defense and the Intelligence Community of the United States to provide a single agency focus for the growing number and diverse types of customers for imagery and geospatial information resources within the Government, to ensure visibility and accountability for those resources, and to harness, leverage, and focus rapid technological developments to serve the imagery, imagery intelligence, and geospatial information customers.
(2) There is a need for a single Government agency to solicit and advocate the needs of that growing and diverse pool of customers.
(3) A single combat support agency dedicated to imagery, imagery intelligence, and geospatial information could act as a focal point for support of all imagery intelligence and geospatial information customers, including customers in the Department of Defense, the Intelligence Community, and related agencies outside of the Department of Defense.
(4) Such an agency would best serve the needs of the imagery, imagery intelligence, and geospatial information customers if it were organized--
(A) to carry out its mission responsibilities under the authority, direction, and control of the Secretary of Defense, with the advice of the Chairman of the Joint Chiefs of Staff; and
(B) to carry out its responsibilities to national intelligence customers in accordance with policies and priorities established by the Director of Central Intelligence.
PART I--ESTABLISHMENT
SEC. 921. ESTABLISHMENT, MISSIONS, AND AUTHORITY.
(a) Establishment in Title 10, United States Code: Part I of subtitle A of title 10, United States Code, is amended--
(1) by redesignating chapter 22 as chapter 23; and
(2) by inserting after chapter 21 the following new chapter 22:
`Subchapter
Sec.
441
451
461
471
`Sec.
`441. Establishment.
`442. Missions.
`443. Imagery intelligence and geospatial information support for foreign countries
`444. Support from Central Intelligence Agency.
`445. Limitation on oversight by Inspector General of the Central Intelligence Agency.
`446. 445. Protection of agency identifications and organizational information.
`441. Establishment
`(a) Establishment: The National Imagery and Mapping Agency is a combat support agency of the Department of Defense.
`(b) Director: (1) The Director of the National Imagery and Mapping Agency is the head of the agency. The President shall appoint the Director, by and with the advice and consent of the Senate, from among the officers of the regular components of the armed forces.
`(2) The position of Director is a position of importance and responsibility for purposes of section 601 of this title and carries the grade of lieutenant general or, in the case of an officer of the Navy, vice admiral.
`(a) Establishment: The National Imagery and Mapping Agency is an agency of the Department of Defense.
`(b) Director: (1) The Director of the National Imagery and Mapping Agency is the head of the agency. The President shall appoint the Director.
`(2)(A) Upon a vacancy in the position of Director, the Secretary of Defense shall recommend to the President an individual for appointment to the position.
`(B) The Secretary shall seek the concurrence of the Director of Central Intelligence in recommending an individual for appointment under subparagraph (A). 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.
`(3) If an officer of the armed forces is appointed to the position of Director under this subsection, the officer shall hold the grade of lieutenant general or, in the case of an officer of the Navy, vice admiral, while serving in the position. An officer while serving in the position is in addition to the number that would otherwise be permitted for that officer's armed force for officers serving on active duty in grades above major general or rear admiral, as the case may be, under paragraph (1) or (2) of section 525(b) of this title, as applicable.
`(c) Collection Tasking Authority: The Director of Central Intelligence shall have authority to approve collection requirements, determine collection priorities, and resolve conflicts in collection priorities levied on national imagery collection assets, except as otherwise agreed by the Director and the Secretary of Defense pursuant to the direction of the President.
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`442. Missions
`(a) Department of Defense Missions: The National Imagery and Mapping Agency shall--
`(1) provide timely, relevant, and accurate imagery, imagery intelligence, and geospatial information in support of the national security objectives of the United States;
`(2) improve means of navigating vessels of the Navy and the merchant marine by providing, under the authority of the Secretary of Defense, accurate and inexpensive nautical charts, sailing directions, books on navigation, and manuals of instructions for the use of all vessels of the United States and of navigators generally; and
`(3) prepare and distribute maps, charts, books, and geodetic products as authorized under subchapter II of this chapter.
`(b) National Mission: (1) The National Imagery and Mapping Agency shall also support the imagery requirements of the Department of State and other departments and agencies of the United States outside the Department of Defense.
`(2)(A) The Director of Central Intelligence shall establish requirements and priorities to govern the collection of national intelligence by the National Imagery and Mapping Agency under paragraph (1).
`(B) The Director of Central Intelligence shall develop and implement such policies and programs as the Secretary of Defense and the Director jointly determine necessary to review and correct deficiencies identified in the capabilities of the National Imagery and Mapping Agency to accomplish assigned national missions. The Director shall consult with the Secretary of Defense on the development and implementation of such policies and programs. The Secretary of Defense shall obtain the advice of the Chairman of the Joint Chiefs of Staff regarding the matters on which the Director and the Secretary are to consult under the preceding sentence.
`(C) The President may direct the Secretary of Defense to exercise authority of the Director of Central Intelligence under subparagraphs (A) and (B) during a war, military crisis, or military operation.
`(b) National Mission: The National Imagery and Mapping Agency shall also have national missions as specified in section 120(a) of the National Security Act of 1947.
`(c) Life Cycle Support: The National Imagery and Mapping Agency may, in furtherance of a mission of the agency, design, develop, deploy, operate, and maintain systems related to the processing and dissemination of imagery intelligence and geospatial information that may be transferred to, accepted or used by, or used on behalf of--
`(1) the armed forces, including any combatant command, component of a combatant command, joint task force, or tactical unit; or
`(2) to any other department or agency of the United States.
`443. Imagery intelligence and geospatial information support for foreign countries
`(a) Appropriated Funds: The Director of the National Imagery and Mapping Agency may use appropriated funds available to the National Imagery and Mapping Agency to provide foreign countries with imagery intelligence and geospatial information support.
`(b) Funds Other Than Appropriated Funds: (1) Subject to paragraphs (2), (3), and (4), the Director is also authorized to use funds other than appropriated funds to provide foreign countries with imagery intelligence and geospatial information support.
`(2) Funds other than appropriated funds may not be expended, in whole or in part, by or for the benefit of the National Imagery and Mapping Agency for a purpose for which Congress had previously denied funds.
`(3) Proceeds from the sale of imagery intelligence or geospatial information items may be used only to purchase replacement items similar to the items that are sold.
`(4) Funds other than appropriated funds may not be expended to acquire items or services for the principal benefit of the United States.
`(5) The authority to use funds other than appropriated funds under this section may be exercised notwithstanding provisions of law relating to the expenditure of funds of the United States.
`(c) Accommodation Procurements: The authority under this section may be exercised to conduct accommodation procurements on behalf of foreign countries.
`(d) Coordination With Director of Central Intelligence: The Director shall coordinate with the Director of Central Intelligence any action under this section that involves imagery intelligence or intelligence products or involves providing support to an intelligence or security service of a foreign country.
`444. Support from Central Intelligence Agency
`(a) Support Authorized: The Director of Central Intelligence may provide support in accordance with this section to the Director of the National Imagery and Mapping Agency. The Director of the National Imagery and Mapping Agency may accept support provided under this section.
`(b) Administrative and Contract Services: (1) In furtherance of the national intelligence effort, the Director of Central Intelligence may provide administrative and contract services to the National Imagery and Mapping Agency as if that agency were an organizational element of the Central Intelligence Agency.
`(2) Services provided under paragraph (1) may include the services of security police.
For purposes of section 15 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403o), an installation of the National Imagery and Mapping Agency provided security police services under this section shall be considered an installation of the Central Intelligence Agency.
`(3) Support provided under this subsection shall be provided under terms and conditions agreed upon by the
Secretary of Defense and the Director of Central Intelligence.
`(c) Detail of Personnel: The Director of Central Intelligence may detail Central Intelligence Agency personnel indefinitely to the National Imagery and Mapping Agency without regard to any limitation on the duration of interagency details of Federal Government personnel.
`(d) Reimbursable or Nonreimbursable Support: Support under this section may be provided and accepted on either a reimbursable basis or a nonreimbursable basis.
`(e) Authority To Transfer Funds: (1) The Director of the National Imagery and Mapping Agency may transfer funds available for the agency to the Director of Central Intelligence for the Central Intelligence Agency.
`(2) The Director of Central Intelligence--
`(A) may accept funds transferred under paragraph (1); and
`(B) shall expend such funds, in accordance with the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), to provide administrative and contract services or detail personnel to the National Imagery and Mapping Agency under this section.
`445. Limitation on oversight by Inspector General of the Central Intelligence Agency
`The Inspector General of the Central Intelligence Agency may not conduct any inspection, investigation, or audit of the National Imagery and Mapping Agency without the written consent of the Inspector General of the Department of Defense. In conducting an inspection, investigation, or audit of the National Imagery and Mapping Agency, the Inspector General of the Central Intelligence Agency shall be subject to the authority, direction, and control of the Secretary of Defense to the same extent as is the Inspector General of the Department of Defense under section 8 of the Inspector General Act of 1978 (5 U.S.C. App.).
`446. Protection of agency identifications and organizational information
`445. Protection of agency identifications and organizational information
`(a) Unauthorized Use of Agency Name, Initials, or Seal: (1) Except with the written permission of the Secretary of Defense, no person may knowingly use, in connection with any merchandise, retail product, impersonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the Secretary of Defense, any of the following:
`(A) The words `National Imagery and Mapping Agency', the initials `NIMA', or the seal of the National Imagery and Mapping Agency.
`(B) The words `Defense Mapping Agency', the initials `DMA', or the seal of the Defense Mapping Agency.
`(C) Any colorable imitation of such words, initials, or seals.
`(2) Whenever it appears to the Attorney General that any person is engaged or about to engage in an act or practice which constitutes or will constitute conduct prohibited by paragraph (1), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. Such court shall proceed as soon as practicable to a hearing and determination of such action and may, at any time before such final determination, enter such restraining orders or prohibitions, or take such other action as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought.
`(b) Protection of Organizational Information: Notwithstanding any other provision of law, the Director of the National Imagery and Mapping Agency is not required to disclose the organization of the agency, any function of the agency, any information with respect to the activities of the agency, or the names, titles, salaries, or number of the persons employed by the agency. This subsection does not apply to disclosures of information to Congress.
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`Sec.
`451. Maps, charts, and books.
`452. Pilot charts.
`453. Prices of maps, charts, and navigational publications.
`454. Exchange of mapping, charting, and geodetic data with foreign countries and international organizations.
`455. Maps, charts, and geodetic data: public availability; exceptions.
`456. Civil actions barred.
`Sec.
`461. Civilian personnel management generally.
`462. National Imagery and Mapping Senior Executive Service.
`463. Management rights.
`461. Civilian personnel management generally
`(a) General Personnel Authority: The Secretary of Defense may, without regard to the provisions of any other law relating to the appointment, number, classification, or compensation of Federal employees--
`(1) establish such excepted service positions for employees in the National Imagery and Mapping Agency as the Secretary considers necessary to carry out the functions of those agencies, including positions designated under subsection (f) as National Imagery and Mapping Senior Level positions;
`(2) appoint individuals to those positions; and
`(3) fix the compensation for service in those positions.
`(b) Authority To Fix Rates of Basic Pay and Other Allowances and Benefits: (1) The Secretary of Defense shall, subject to subsection (c), fix the rates of basic pay for positions established under subsection (a) in relation to the rates of basic pay provided in subpart D of part III of title 5 for positions subject to that title which have corresponding levels of duties and responsibilities. Except as otherwise provided by law, an employee of the National Imagery and Mapping Agency may not be paid basic pay at a rate in excess of the maximum rate payable under section 5376 of title 5.
`(2) The Secretary of Defense may provide employees in positions of the National Imagery and Mapping Agency compensation (in addition to basic pay under paragraph (1)) and benefits, incentives, and allowances consistent with, and not in excess of the levels authorized for, comparable positions authorized by title 5.
`(c) Prevailing Rates Systems: The Secretary of Defense may, consistent with section 5341 of title 5, adopt such provisions of that title as provide for prevailing
rate systems of basic pay and may apply those provisions to positions in or under which the National Imagery and Mapping Agency may employ individuals described in section 5342(a)(2)(A) of such title.
`(d) Allowances Based on Living Costs and Environment for Employees Stationed Outside Continental United States or in Alaska: (1) In addition to the basic compensation payable under subsection (b), employees of the National Imagery and Mapping Agency described in paragraph (3) may be paid an allowance, in accordance with regulations prescribed by the Secretary of Defense, at a rate not in excess of the allowance authorized to be paid under section 5941(a) of title 5 for employees whose rates of basic pay are fixed by statute.
`(2) Such allowance shall be based on--
`(A) living costs substantially higher than in the District of Columbia;
`(B) conditions of environment which--
`(i) differ substantially from conditions of environment in the continental United States; and
`(ii) warrant an allowance as a recruitment incentive; or
`(C) both of those factors.
`(3) This subsection applies to employees who--
`(A) are citizens or nationals of the United States; and
`(B) are stationed outside the continental United States or in Alaska.
`(e) Termination of Employees: (1) Notwithstanding any other provision of law, the Secretary of Defense may terminate the employment of any employee of the National Imagery and Mapping Agency if the Secretary--
`(A) considers such action to be in the interests of the United States; and
`(B) determines that the procedures prescribed in other provisions of law that authorize the termination of the employment of such employee cannot be invoked in a manner consistent with the national security.
`(2) A decision by the Secretary of Defense to terminate the employment of an employee under this subsection is final and may not be appealed or reviewed outside the Department of Defense.
`(3) The Secretary of Defense shall promptly notify the Committee on National Security and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Armed Services and the Select Committee on Intelligence of the Senate whenever the Secretary terminates the employment of any employee under the authority of this subsection.
`(4) Any termination of employment under this subsection shall not affect the right of the employee involved to seek or accept employment with any other department or agency of the United States if that employee is declared eligible for such employment by the Director of the Office of Personnel Management.
`(5) The authority of the Secretary of Defense under this subsection may be delegated only to the Deputy Secretary of Defense and the Director of the National Imagery and Mapping Agency. An action to terminate employment of an employee by any such officer may be appealed to the Secretary of Defense.
`(f) National Imagery and Mapping Senior Level Positions: (1) In carrying out subsection (a)(1), the Secretary may designate positions described in paragraph (3) as National Imagery and Mapping Senior Level positions.
`(2) Positions designated under this subsection shall be treated as equivalent for purposes of compensation to the senior level positions to which section 5376 of title 5 is applicable.
`(3) Positions that may be designated as National Imagery and Mapping Senior Level positions are positions in the National Imagery and Mapping Agency that (A) are classified above the GS-15 level, (B) emphasize function expertise and advisory activity, but (C) do not have the organizational or program management functions necessary for inclusion in the National Imagery and Mapping Senior Executive Service.
`(4) Positions referred to in paragraph (3) include National Imagery and Mapping Senior Technical positions and National Imagery and Mapping Senior Professional positions. For purposes of this subsection National Imagery and Mapping Senior Technical positions are positions covered by paragraph (3) if--
`(A) the positions involve--
`(i) research and development;
`(ii) test and evaluation;
`(iii) substantive analysis, liaison, or advisory activity focusing on engineering, physical sciences, computer science, mathematics, biology, chemistry, medicine, or other closely related scientific and technical fields; or
`(iv) intelligence disciplines including production, collection, and operations in close association with any of the activities described in clauses (i), (ii), and (iii) or related activities; or
`(B) the positions emphasize staff, liaison, analytical, advisory, or other activity focusing on intelligence, law, finance and accounting, program and budget, human resources management, training, information services, logistics, security, and other appropriate fields.
`(g) `Employee' Defined as Including Officers: In this section, the term `employee', with respect to the National Imagery and Mapping Agency, includes any civilian officer of that agency.
`462. National Imagery and Mapping Senior Executive Service
`(a) Establishment: The Secretary of Defense may establish a National Imagery and Mapping Senior Executive Service for senior civilian personnel within the National Imagery and Mapping Agency.
`(b) Requirements for the Service: In establishing a National Imagery and Mapping Senior Executive Service the Secretary shall--
`(1) meet the requirements set forth for the Senior Executive Service in section 3131 of title 5;
`(2) ensure that the National Imagery and Mapping Senior Executive Service positions satisfy requirements that are consistent with the provisions of section 3132(a)(2) of title 5;
`(3) prescribe rates of pay for the National Imagery and Mapping Senior Executive Service that are not in excess of the maximum rate of basic pay, nor less than the minimum rate of basic pay, established for the Senior Executive Service under section 5382 of title 5;
`(4) provide for adjusting the rates of pay at the same time and to the same extent as rates of basic pay for the Senior Executive Service are adjusted;
`(5) provide a performance appraisal system for the National Imagery and Mapping Senior Executive Service that conforms to the provisions of subchapter II of chapter 43 of title 5;
`(6) provide for removal consistent with section 3592 of title 5, and removal or suspension consistent with subsections (a), (b), and (c) of section 7543 of title 5 (except that any hearing or appeal to which a member of the National Imagery and Mapping Senior Executive Service is entitled shall be held or decided pursuant to procedures established by the Secretary of Defense);
`(7) permit the payment of performance awards to members of the National Imagery and Mapping Senior Executive Service consistent with the provisions applicable to performance awards under section 5384 of title 5;
`(8) provide that members of the National Imagery and Mapping Senior Executive Service may be granted sabbatical leaves consistent with the provisions of section 3396(c) of title 5; and
`(9) provide for the recertification of members of the National Imagery and Mapping Senior Executive Service consistent with the provisions of section 3393a of title 5.
`(c) Authority: Except as otherwise provided in subsection (b), the Secretary of Defense may--
`(1) make applicable to the National Imagery and Mapping Senior Executive Service any of the provisions of title 5 that are applicable to applicants for or members of the Senior Executive Service; and
`(2) appoint, promote, and assign individuals to positions established within the National Imagery and Mapping Senior Executive Service without regard to the provisions of title 5 governing appointments and other personnel actions in the competitive service.
`(d) Award of Rank: The President, based on the recommendations of the Secretary of Defense, may award ranks to individuals who occupy positions in the National Imagery and Mapping Senior Executive Service in a manner consistent with the provisions of section 4507 of title 5.
`(e) Details and Assignments: Notwithstanding any other provisions of this section, the Secretary of Defense may detail or assign any member of the National Imagery and Mapping Senior Executive Service to serve in a position outside the National Imagery and Mapping Agency in which the member's expertise and experience may be of benefit to the National Imagery and Mapping Agency or another Government agency. Any such member shall not by reason of such detail or assignment lose any entitlement or status associated with membership in the National Imagery and Mapping Senior Executive Service.
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`463. Management rights
`(a) Scope: If there is no obligation under the provisions of chapter 71 of title 5 for the head of an agency of the United States to consult or negotiate with a labor organization on a particular matter by reason of that matter being covered by a provision of law or a Governmentwide regulation, the Director of the National Imagery and Mapping Agency is not obligated to consult or negotiate with a labor organization on that matter even if that provision of law or regulation is inapplicable to the National Imagery and Mapping Agency.
`(b) Bargaining Units: The National Imagery and Mapping Agency shall accord exclusive recognition to a labor organization under section 7111 of title 5 only for a bargaining unit that was recognized as appropriate for the Defense Mapping Agency on the day before the date on which employees and positions of the Defense Mapping Agency in that bargaining unit became employees and positions of the National Imagery and Mapping Agency under the National Imagery and Mapping Agency Act of 1996 (subtitle B of title IX of the National Defense Authorization Act for Fiscal Year 1997).
`(c) Termination of Bargaining Unit Coverage of Position Modified To Affect National Security Directly: (1) If the Director of the National Imagery and Mapping Agency determines that the responsibilities of a position within a collective bargaining unit should be modified to include intelligence, counterintelligence, investigative, or security duties not previously assigned to that position and that the performance of the newly assigned duties directly affects the national security of the United States, then, upon such a modification of the responsibilities of that position, the position shall cease to be covered by the collective bargaining unit and the employee in that position shall cease to be entitled to representation by a labor organization accorded exclusive recognition for that collective bargaining unit.
`(2) A determination described in paragraph (1) that is made by the Director of the National Imagery and Mapping Agency may not be reviewed by the Federal Labor Relations Authority or any court of the United States.
`Sec.
`471. Definitions.
`471. Definitions
`In this chapter:
`(1) The term `function' means any duty, obligation, responsibility, privilege, activity, or program.
`(2)(A) The term `imagery' means, except as provided in subparagraph (B), a likeness or presentation of any natural or manmade feature or related object or activity and the positional data acquired at the same time the likeness or representation was acquired, including--
`(i) products produced by space-based national intelligence reconnaissance systems; and
`(ii) likenesses or presentations produced by satellites, airborne platforms, unmanned aerial vehicles, or other similar means.
`(B) The term does not include handheld or clandestine photography taken by or on behalf of human intelligence collection organizations.
`(3) The term `imagery intelligence' means the technical, geographic, and intelligence information derived through the interpretation or analysis of imagery and collateral materials.
`(4) The term `geospatial information' means information that identifies the geographic location and characteristics of natural or constructed features and boundaries on the earth and includes--
`(A) statistical data and information derived from, among other things, remote sensing, mapping, and surveying technologies;
`(B) mapping, charting, and geodetic data; and
`(C) geodetic products, as defined in section 455(c) of this title.'.
(b) Transfer of Chapter 167 Provisions: Sections 2792, 2793, 2794, 2795, 2796, and 2798 of title 10, United States Code, are transferred to subchapter II of chapter 22 of such title, as added by subsection (a), are inserted in that sequence in such subchapter following the table of sections, and are redesignated in accordance with the following table:
Section
Section as
transferred
redesignated
451
452
453
454
455
456.
(c) Consultation on Appointment of Director: Section 201 of title 10, United States Code, is amended by striking out `or Director of the National Security Agency' and inserting in lieu thereof `, Director of the National Security Agency, or Director of the National Imagery and Mapping Agency'.
(d) (c) Oversight of Agency as a Combat Support Agency: Section 193 of title 10, United States Code, is amended--
(1) in subsection (d)--
(A) by striking out the caption and inserting in lieu thereof `Review of National Security Agency and National Imagery and Mapping Agency: ';
(B) in paragraph (1)--
(i) by inserting `and the National Imagery and Mapping Agency' after `the National Security Agency'; and
(ii) by striking out `the Agency' and inserting in lieu thereof `that the agencies'; and
(C) in paragraph (2), by inserting `and the National Imagery and Mapping Agency' after `the National Security Agency';
(2) in subsection (e)--
(A) by striking out `DIA and NSA' in the caption and inserting in lieu thereof the following: `DIA, NSA, and NIMA: '; and
(B) by striking out `and the National Security Agency' and inserting in lieu thereof `, the National Security Agency, and the National Imagery and Mapping Agency'; and
(3) in subsection (f), by striking out paragraph (4) and inserting in lieu thereof the following:
`(4) The National Imagery and Mapping Agency.'.
(e) (d) Special Printing Authority for Agency: (1) Section 207(a)(2)(B) of the Legislative Branch Appropriations Act, 1993 (Public Law 102-392; 44 U.S.C. 501 note) is amended by inserting `National Imagery and Mapping Agency,' after `Defense Intelligence Agency,'.
(2) Section 1336 of title 44, United States Code, is amended--
(A) by striking out `Secretary of the Navy' and inserting in lieu thereof `Director of the National Imagery and Mapping Agency'; and
(B) by striking out `United States Naval Oceanographic Office' and inserting in lieu thereof `National Imagery and Mapping Agency'.
SEC. 922. TRANSFERS.
(a) Department of Defense: The missions and functions of the following elements of the Department of Defense are transferred to the National Imagery and Mapping Agency:
(A) The Defense Mapping Agency.
(B) The Central Imagery Office.
(C) Other elements of the Department of Defense as provided in the classified annex to this Act.
(b) Central Intelligence Agency: The missions and functions of the following elements of the Central Intelligence Agency are transferred to the National Imagery and Mapping Agency:
(A) The National Photographic Interpretation Center.
(B) Other elements of the Central Intelligence Agency as provided in the classified annex to this Act.
(c) Personnel and Assets: (1) Subject to paragraphs (2) and (3), the personnel, assets, unobligated balances of appropriations and authorizations of appropriations, and, to the extent jointly determined appropriate by the Secretary of Defense and Director of Central Intelligence, obligated balances of appropriations and authorizations of appropriations employed, used, held, arising from, or available in connection with the missions and functions transferred under subsection (a) or (b) are transferred to the National Imagery and Mapping Agency. A transfer may not be made under the preceding sentence for any program or function for which funds are not appropriated to the National Imagery and Mapping Agency for fiscal year 1997. Transfers of appropriations from the Central Intelligence Agency under this paragraph shall be made in accordance with section 1531 of title 31, United States Code.
(2) Not earlier than two years after the effective date of this subtitle, the Secretary of ¨S6344Defense and the Director of Central Intelligence shall determine which, if any, positions and personnel of the Central Intelligence Agency are to be transferred to the National Imagery and Mapping Agency. The positions to be transferred, and the employees serving in such positions, shall be transferred to the National Imagery and Mapping Agency under terms and
conditions prescribed by the Secretary of Defense and the Director of Central Intelligence.
(3) If the National Photographic Interpretation Center of the Central Intelligence Agency or any imagery-related activity of the Central Intelligence Agency authorized to be performed by the National Imagery and Mapping Agency is not completely transferred to the National Imagery and Mapping Agency, the Secretary of Defense and the Director of Central Intelligence shall--
(A) jointly determine which, if any, contracts, leases, property, and records employed, used, held, arising from, available to, or otherwise relating to such Center or activity is to be transferred to the National Imagery and Intelligence Agency; and
(B) provide by written agreement for the transfer of such items.
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SEC. 923. COMPATIBILITY WITH AUTHORITY UNDER THE NATIONAL SECURITY ACT OF 1947.
(a) Agency Functions: Section 105(b) of the National Security Act of 1947 (50 U.S.C. 403-5(b)) is amended by striking out paragraph (2) and inserting in lieu thereof the following:
`(2) through the National Imagery and Mapping Agency (except as otherwise directed by the President or the National Security Council), with appropriate representation from the intelligence community, the continued operation of an effective unified organization within the Department of Defense--
`(A) for carrying out tasking of imagery collection;
`(B) for the coordination of imagery processing and exploitation activities;
`(C) for ensuring the dissemination of imagery in a timely manner to authorized recipients; and
`(D) notwithstanding any other provision of law, for--
`(i) prescribing technical architecture and standards related to imagery intelligence and geospatial information and ensuring compliance with such architecture and standards; and
`(ii) developing and fielding systems of common concern related o imagery intelligence and geospatial information;'.
(b) Appointment of Director: Section 106 of such Act (50 U.S.C. 403-6) is amended--
(1) by striking out subsection (b); and
(2) in subsection (a)--
(A) by inserting `the National Imagery and Mapping Agency,' after `the National Reconnaissance Office,'; and
(B) by striking out `(a) Consultation With Regard to Certain Appointments: '.
(b) National Mission: Title I of such Act (50 U.S.C. 402 et seq.) is amended by adding at the end the following:
`Sec. 120. National mission of National Imagery and Mapping Agency.
`Sec. 121. Collection tasking authority.'.
SEC. 924. OTHER PERSONNEL MANAGEMENT AUTHORITIES.
(a) Comparable Treatment With Other Intelligence Senior Executive Services: Title 5, United States Code, is amended as follows:
(1) In section 2108(3), by inserting `the National Imagery and Mapping Senior Executive Service,' after `the Senior Cryptologic Executive Service,' in the matter following subparagraph (F)(iii).
(2) In section 6304(f)(1), by--
(A) by striking out `or' at the end of subparagraph (D);
(B) by striking out the period at the end of in subparagraph (E) and inserting in lieu thereof `; or'; and
(C) by adding at the end the following:
`(F) the National Imagery and Mapping Senior Executive Service.'; and
(3) In sections 8336(h)(2) and 8414(a)(2), by striking out `or the Senior Cryptologic Executive Service' and inserting in lieu thereof `, the Senior Cryptologic Executive Service, or the National Imagery and Mapping Senior Executive Service'.
(b) Central Imagery Office Personnel Management Authorities:
(1) Nonduplication of coverage by defense intelligence senior executive service: Section 1601 of title 10, United States Code, is amended--
(A) in subsection (a), by striking out `and the Central Imagery Office';
(B) in subsection (d), by striking out `or the Central Imagery Office in which the member's expertise and experience may be of benefit to the Defense Intelligence Agency, the Central Imagery Office,' in the first sentence and inserting in lieu thereof `in which the member's expertise and experience may be of benefit to the Defense Intelligence Agency'; and
(C) in subsection (e), by striking out `and the Central Imagery Office' in the first sentence.
(2) Merit pay: Section 1602 of such title is amended by striking out `and Central Imagery Office'.
(3) Miscellaneous authorities: Subsection 1604 of such title is amended--
(A) in subsection (a)(1)--
(i) by striking out `and the Central Imagery Office'; and
(ii) by striking out `and Office';
(B) in subsection (b)--
(i) in paragraph (1), by striking out `or the Central Imagery Office' in the second sentence; and
(ii) in paragraph (2), by striking out `and the Central Imagery Office';
(C) in subsection (c), by striking out `or the Central Imagery Office';
(D) in subsection (d)(1), by striking out `and the Central Imagery Office';
(E) in subsection (e)--
(i) in paragraph (1), by striking out `or the Central Imagery Office'; and
(ii) in paragraph (5) by striking out `, the Director of the Defense Intelligence Agency (with respect to employees of the Defense Intelligence Agency), and the Director of the Central Imagery Office (with respect to employees of the Central Imagery Office)' and inserting in lieu thereof `and the Director of the Defense Intelligence Agency (with respect to employees of the Defense Intelligence Agency)';
(F) in subsection (f)(3), by striking out `and Central Imagery Office'; and
(G) in subsection (g)--
(i) by striking out `or the Central Imagery Office'; and
(ii) by striking out `or Office'.
(c) Applicability of Federal Labor-Management Relations System: Section 7103(a)(3) of title 5, United States Code is amended--
(1) by inserting `or' at the end of subparagraph (F);
(2) by striking out `; or' at the end of subparagraph (G) and inserting in lieu thereof a period; and
(3) by striking out subparagraph (H).
(d) Applicability of Authority and Procedures for Imposing Certain Adverse Actions: Section 7511(b)(8) of title 5, United States Code, is amended by striking out `Central Imagery Office'.
SEC. 925. CREDITABLE CIVILIAN SERVICE FOR CAREER CONDITIONAL EMPLOYEES OF THE DEFENSE MAPPING AGENCY.
In the case of an employee of the National Imagery and Mapping Agency who, on the day before the effective date of this subtitle, was an employee of the Defense Mapping Agency in a career-conditional status, the continuous service of that employee as an employee of the National Imagery and Mapping Agency on and after such date shall be considered creditable service for the purpose of any determination of the career status of the employee.
SEC. 926. SAVING PROVISIONS.
(a) Continuing Effect on Legal Documents: All orders, determinations, rules, regulations, permits, agreements, international agreements, grants, contracts, leases, certificates, licenses, registrations, privileges, and other administrative actions--
(1) which have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in connection with any of the functions which are transferred under this subtitle or any function that the National Imagery and Mapping Agency is authorized to perform by law, and
(2) which are in effect at the time this title takes effect, or were final before the effective date of this subtitle and are to become effective on or after the effective date of this subtitle,
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary of Defense, the Director of the National Imagery and Mapping Agency or other authorized official, a court of competent jurisdiction, or by operation of law.
(b) Proceedings Not Affected: This subtitle and the amendments made by this subtitle shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before an element of the Department of Defense or Central Intelligence Agency at the time this subtitle takes effect, with respect to function of that element transferred by section 922, but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this subtitle had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this section shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this subtitle had not been enacted.
(c) Severability: If any provision of this subtitle (or any amendment made by this subtitle), or the application of such provision (or amendment) to any person or circumstance is held unconstitutional, the remainder of this subtitle (or of the amendments made by this subtitle) shall not be affected by that holding.
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SEC. 927. DEFINITIONS.
In this part, the terms `function', `imagery', `imagery intelligence', and `geospatial information' have the meanings given those terms in section 461 of title 10, United States Code, as added by section 921.
SEC. 928. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for the National Imagery and Mapping Agency for fiscal year 1997 in amounts and for purposes, and subject to the terms, conditions, limitations, restrictions, and requirements, that are set forth in the Classified Annex to this Act.
PART II--CONFORMING AMENDMENTS AND EFFECTIVE DATES
SEC. 931. REDESIGNATION AND REPEALS.
(a) Redesignation: Chapter 23 of title 10, United States Code (as redesignated by section 921(a)(1)) is amended by redesignating the section in that chapter as section 481.
(b) Repeal of Superseded Law: Chapter 167 of such title, as amended by section 921(b), is repealed.
SEC. 932. REFERENCES.
(a) Title 5, United States Code: Title 5, United States Code, is amended as follows:
(2) Director, central imagery office: In section 6339(a)(2)(E), by striking out `Central Imagery Office, the Director of the Central Imagery Office' and inserting in lieu thereof `National Imagery and Mapping Agency, the Director of the National Imagery and Mapping Agency'.
(b) Title 10, United States Code: Title 10, United States Code, is amended as follows:
(1) Central imagery office: In section 1599(f)(4), by striking out `Central Imagery Office' and inserting in lieu thereof `National Imagery and Mapping Agency'.
(2) Defense mapping agency: In sections 451(1), 452, 453, 454, and 455 (in subsections (a) and (b)(1)(C)), and 456, as redesignated by section 921(b), by striking out `Defense Mapping Agency' each place it appears and inserting in lieu thereof `National Imagery and Mapping Agency'.
(c) Other Laws:
(1) National security act of 1947: Section 3(4)(E) of the National Security Act of 1947 (50 U.S.C. 401a(4)(E) is amended by striking out `Central Imagery Office' and inserting in lieu thereof `National Imagery and Mapping Agency'.
(2) Ethics in government act of 1978: Section 105(a) of the Ethics in Government Act of 1978 (Public Law 95-521; 5 U.S.C. App. 4) is amended by striking out `Central Imagery Office' and inserting in lieu thereof `National Imagery and Mapping Agency'.
(3) Employee polygraph protection act: Section 7(b)(2)(A)(i) of the Employee Polygraph Protection Act of 1988 (Public Law 100-347; 29 U.S.C. 2006(b)(2)(A)(i)) is amended by striking out `Central Imagery Office' and inserting in lieu thereof `National Imagery and Mapping Agency'.
(d) Cross Reference: Section 82 of title 14, United States Code, is amended by striking out `chapter 167' and inserting in lieu thereof `subchapter II of chapter 22'.
SEC. 933. HEADINGS AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code:
(1) Heading: The heading of chapter 83 of title 10, United States Code, is amended to read as follows:
(2) Clerical amendments: (A) The table of chapters at the beginning of subtitle A of title 10, United States Code, is amended--
(i) by striking out the item relating to chapter 22 and inserting in lieu thereof the following:
441
471';
(ii) by striking out the item relating to chapter 83 and inserting in lieu thereof the following:
1601';
and
(iii) by striking out the item relating to chapter 167.
(B) The table of chapters at the beginning of part I of such subtitle is amended by striking out the item relating to chapter 22 and inserting in lieu thereof the following:
441
471';
(C) The item relating to chapter 83 in the table of chapters at the beginning of part II of such subtitle is amended to read as follows:
1601'.
(D) The table of chapters at the beginning of part IV of such subtitle is amended by striking out the item relating to chapter 167.
(E) The item in the table of sections at the beginning of chapter 23 of title 10, United States Code (as redesignated by section 921), is amended to read as follows:
`481. Racial and ethnic issues; biennial survey; biennial report.'.
(b) Title 44, United States Code:
(1) Section heading: The heading of section 1336 of title 44, United States Code, is amended to read as follows:
`1336. National Imagery and Mapping Agency: special publications'.
(2) Clerical amendment: The item relating to such section in the tables of sections at the beginning of chapter 13 of such title is amended to read as follows:
`1336. National Imagery and Mapping Agency: special publications.'.
(c) National Security Act of 1947: (1) The heading of section 106 of the National Security Act of 1947 (50 U.S.C. 403-6) is amended to read as follows:
(2) The item relating to such section in the table of contents in the first section of such Act is amended to read as follows:
Sec. 106. Consultation with regard to certain appointments.'.
SEC. 934. EFFECTIVE DATES.
(a) In General: Except as provided in subsection (b), this subtitle and the amendments made by this subtitle shall take effect on the later of October 1, 1996, or the date of the enactment of an Act appropriating funds for fiscal year 1997 for the National Imagery and Mapping Agency.
(b) Exception: Section 928 shall take effect on the date of the enactment of this Act.
SEC. 1007. PROHIBITION ON EXPENDITURE OF DEPARTMENT OF DEFENSE FUNDS BY OFFICIALS OUTSIDE THE DEPARTMENT.
(a) Prohibition: Section 2215 of title 10, United States Code, is amended to read as follows:
`2215. Prohibition on expenditure of Department of Defense intelligence funds by officials outside the department
`(a) In General: Funds appropriated for the Department of Defense for intelligence activities of that department may not be obligated or expended by an officer or employee of the United States who is not an officer or employee of the Department of Defense.
`(b) Delegation of Authority Prohibited: An officer or employee of the Department of Defense may not delegate to an officer or employee of the United States who is not an officer or employee of the Department of Defense any authority to obligate or expend funds described in subsection (a).'.
(b) Clerical Amendment: The item relating to such section in the table of sections at the beginning of chapter 131 is amended to read as follows:
`2215. Prohibition on expenditure of Department of Defense intelligence funds by officials outside the department.'.
SEC. 1008.
2421007. PROHIBITION ON USE OF FUNDS FOR OFFICE OF NAVAL INTELLIGENCE REPRESENTATION OR RELATED ACTIVITIES.
None of the funds authorized to be appropriated by this Act or otherwise made available for the Navy for fiscal year 1997 may be obligated or expended by the Office of Naval Intelligence for official representation activities or related activities.
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Subtitle C--Counter-Drug Activities
SEC. 1031. AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES OF MEXICO.
(a) Authority To Provide Additional Support: The Secretary of Defense may, during fiscal year 1997, provide the Government of Mexico the support described in subsection (b) for the counter-drug activities of the Government of Mexico. Such support shall be in addition to support provided the Government of Mexico under any other provision of law.
(b) Types of Support: The Secretary may provide the following support under subsection (a):
(1) The transfer of spare parts and non-lethal equipment and materiel, including radios, night vision goggles, global positioning systems, uniforms, command, control, communications, and intelligence (C3I) integration equipment, detection equipment, and monitoring equipment.
(2) The maintenance and repair of equipment of the Government of Mexico that is used for counter-narcotics activities.
(c) Applicability of Other Support Authorities: Except as otherwise provided in this section, the provisions of section 1004 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 374 note) shall apply to the provision of support under this section.
(d) Funding: Of the amounts authorized to be appropriated for fiscal year 1997 for the Department of Defense for drug interdiction and counter-drug activities, not more than $10,000,000 shall be available in that fiscal year for the provision of support under this section.
SEC. 1032. LIMITATION ON DEFENSE FUNDING OF THE NATIONAL DRUG INTELLIGENCE CENTER.
(a) Limitation on Use of Funds: Except as provided in subsection (b), funds appropriated or otherwise made available for the Department of Defense pursuant to this or any other Act may not be obligated or expended for the National Drug Intelligence Center, Johnstown, Pennsylvania.
(b) Exception: If the Attorney General operates the National Drug Intelligence Center using funds available for the Department of Justice, the Secretary of Defense may continue to provide Department of Defense intelligence personnel to support intelligence activities at the Center. The number of such personnel providing support to the Center after the date of the enactment of this Act may not exceed the number of the Department of Defense intelligence personnel who are supporting intelligence activities at the Center on the day before such date.
SEC. 1033. INVESTIGATION OF THE NATIONAL DRUG INTELLIGENCE CENTER.
(a) Investigation Required: The Inspector General of the Department of Defense, the Inspector General of the Department of Justice, the Inspector General of the Central Intelligence Agency, and the Comptroller General of the United States shall--
(1) jointly investigate the operations of the National Drug Intelligence Center, Johnstown, Pennsylvania; and
(2) not later than March 31, 1997, jointly submit to the President pro tempore of the Senate and the Speaker of the House of Representatives a report on the results of the investigation.
(b) Content of Report: The joint report shall contain a determination regarding whether there is a significant likelihood that the funding of the operation of the National Drug Intelligence Center, a domestic law enforcement program, through an appropriation under the
control of the Director of Central Intelligence will result in a violation of the National Security Act of 1947 or Executive Order 12333.