Congressional Record: November 12, 2002 (House)
Page H8092-H8142


      CONFERENCE REPORT ON H.R. 4546, BOB STUMP NATIONAL DEFENSE
                 AUTHORIZATION ACT FOR FISCAL YEAR 2003

			House Report 107-772


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     SEC. 901. UNDER SECRETARY OF DEFENSE FOR INTELLIGENCE.

       (a) Establishment of Position.--Chapter 4 of title 10,
     United States Code, is amended--
       (1) by transferring section 137 within such chapter to
     appear after section 139 and redesignating that section as
     section 139a; and
       (2) by inserting after section 136a the following new
     section 137:

     ``Sec. 137. Under Secretary of Defense for Intelligence

       ``(a) There is an Under Secretary of Defense for
     Intelligence, appointed from civilian life by the President,
     by and with the advice and consent of the Senate.
       ``(b) Subject to the authority, direction, and control of
     the Secretary of Defense, the Under Secretary of Defense for
     Intelligence shall perform such duties and exercise such
     powers as the Secretary of Defense may prescribe in the area
     of intelligence.
       ``(c) The Under Secretary of Defense for Intelligence takes
     precedence in the Department of Defense after the Under
     Secretary of Defense for Personnel and Readiness.''.
       (b) Conforming Amendments.--(1) Section 131(b) of such
     title is amended--
       (A) by striking paragraphs (2) through (5) and inserting
     the following:
       ``(2) The Under Secretaries of Defense, as follows:
       ``(A) The Under Secretary of Defense for Acquisition,
     Technology, and Logistics.
       ``(B) The Under Secretary of Defense for Policy.
       ``(C) The Under Secretary of Defense (Comptroller).
       ``(D) The Under Secretary of Defense for Personnel and
     Readiness.
       ``(E) The Under Secretary of Defense for Intelligence.'';
     and
       (B) by redesignating paragraphs (6), (7), (8), (9), (10),
     and (11) as paragraphs (3), (4), (5), (6), (7), and (8),
     respectively.
       (2) The table of sections at the beginning of chapter 4 of
     such title is amended--

[[Page H8141]]

       (A) by striking the item relating to section 137 and
     inserting the following:

``137. Under Secretary of Defense for Intelligence.'';

     and
       (B) by inserting after the item relating to section 139 the
     following new item:

``139a. Director of Defense Research and Engineering.''.
       (c) Executive Level III.--Section 5314 of title 5, United
     States Code, is amended by inserting after ``Under Secretary
     of Defense for Personnel and Readiness.'' the following:

            ``Under Secretary of Defense for Intelligence.''.

       (d) Relationship to Authorities Under National Security Act
     of 1947.--Nothing in section 137 of title 10, United States
     Code, as added by subsection (a), shall supersede or modify
     the authorities of the Secretary of Defense and the Director
     of Central Intelligence as established by the National
     Security Act of 1947 (50 U.S.C. 401 et seq.).
       (e) Report.--Not later than 90 days after the date of the
     enactment of this Act, the Secretary of Defense shall submit
     to Congress a report on the establishment of the position of
     Under Secretary of Defense for Intelligence. The report shall
     set forth the following:
       (1) The mission prescribed for that Under Secretary.
       (2) The organizational structure established for the office
     of that Under Secretary.
       (3) The relationship of that Under Secretary with the Under
     Secretary of Defense for Acquisition, Technology, and
     Logistics and the Under Secretary of Defense for Policy.
       (4) The relationship of that Under Secretary with each of
     the following intelligence components of the Department of
     Defense: the National Security Agency, the Defense
     Intelligence Agency, the National Imagery and Mapping Agency,
     and the National Reconnaissance Office.
       (5) The mission of the position designated, as of the date
     of the enactment of this Act, as Assistant Secretary of
     Defense for Command, Control, Communications, and
     Intelligence and the relationship of that position to the
     Under Secretary of Defense for Intelligence.

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                     Legislative Provisions Adopted

   Subtitle A--Duties and Functions of Department of Defense Officers

     Under Secretary of Defense for Intelligence (sec. 901)
       The Senate amendment contained a provision (sec. 907) that
     would amend Chapter 4 of title 10, United States Code, to
     establish the position of Under Secretary of Defense for
     Intelligence.
       The House bill contained no similar provision.
       The House recedes with an amendment that would make clear
     that the establishment of this new position does not
     supercede or modify the authorities of the Secretary of
     Defense and the Director of Central Intelligence as
     established by the National Security Act of 1947. It would
     also require the Secretary of Defense to submit a report to
     Congress within 90 days after enactment on the establishment
     of the position of Under Secretary of Defense for
     Intelligence, including mission, organizational structure,
     and relationships.

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