S 640 IS

109th CONGRESS

1st Session

S. 640

To amend title 10, United States Code, to provide for the establishment of a unified combatant command for military intelligence, and for other purposes.

IN THE SENATE OF THE UNITED STATES

March 16, 2005

Mr. CHAMBLISS (for himself and Mr. NELSON of Nebraska) introduced the following bill; which was read twice and referred to the Select Committee on Intelligence

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A BILL

To amend title 10, United States Code, to provide for the establishment of a unified combatant command for military intelligence, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Military Intelligence Reorganization Act of 2005'.

SEC. 2. UNIFIED COMBATANT COMMAND FOR MILITARY INTELLIGENCE.

(a) IN GENERAL- Chapter 6 of title 10, United States Code, is amended by inserting after section 167a the following new section:

`Sec. 167b. Unified combatant command for military intelligence

`(a) ESTABLISHMENT- (1) With the advice and assistance of the Chairman of the Joint Chiefs of Staff, the President, through the Secretary of Defense, shall establish under section 161 of this title a unified combatant command for military intelligence (hereinafter in this section referred to as the `military intelligence command').

`(2) The principle functions of the military intelligence command are--

`(A) to coordinate the military intelligence activities that support the Director of National Intelligence;

`(B) to represent the Department of Defense within the intelligence community under the Director of National Intelligence;

`(C) to ensure that intelligence collection requirements for the armed forces are communicated to, and the fulfillment of such requirements are coordinated with, the Director of National Intelligence;

`(D) to coordinate all military intelligence activities; and

`(E) to develop new military intelligence collection capabilities.

`(b) ASSIGNMENT OF FORCES AND CIVILIAN PERSONNEL- (1) Unless otherwise directed by the Secretary of Defense, all active and reserve military intelligence forces of the armed forces within the elements of the Department of Defense referred to in subsection (i)(2) shall be assigned to the military intelligence command.

`(2) Unless otherwise directed by the Secretary of Defense, the civilian personnel of the elements of the Department of Defense referred to in subsection (i)(2) shall be under the military intelligence command.

`(c) GRADE OF COMMANDER- (1) The commander of the military intelligence command shall hold the grade of general or, in the case of an officer of the Navy, admiral while serving in that position, without vacating that officer's permanent grade. The commander of such command shall be appointed by the President, by and with the consent of the Senate, for service in that position.

`(2) The officer appointed as commander of the military intelligence command shall not, while serving in that position, be counted against the numbers and percentages of officers of the grade of that officer authorized for the armed force of that officer.

`(d) DUTIES OF COMMANDER- Unless otherwise directed by the President or the Secretary of Defense, the commander of the military intelligence command shall--

`(1) carry out intelligence collection and analysis activities in response to requests from the Director of National Intelligence;

`(2) serve as the principle advisor to the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and the Director of National Intelligence on all matters relating to military intelligence; and

`(3) discharge any responsibilities assigned to the commander under section 427(b) of this title.

`(e) AUTHORITY OF COMMANDER- (1) In addition to the authority prescribed in section 164(c) of this title, the commander of the military intelligence command shall be responsible for, and shall have the authority to conduct, all affairs of the command relating to military intelligence activities.

`(2) The commander of the military intelligence command shall be responsible for, and shall have the authority to conduct, the following functions relating to military intelligence activities:

`(A) Developing strategy, doctrine, and tactics.

`(B) Establishing priorities for military intelligence in harmony with national priorities established by the Director of National Intelligence and approved by the President.

`(C) Ensuring the interoperability of intelligence sharing within the Department of Defense and between the Department of Defense and the intelligence community as a whole, as directed by the Director of National Intelligence.

`(D) Serving as the program manager for the Joint Military Intelligence Program (JMIP) and the Tactical Intelligence and Related Activities (TIARA) program.

`(E) Preparing and submitting to the Secretary of Defense and the Director of National Intelligence recommendations and budget proposals for military intelligence forces and activities.

`(F) Exercising authority, direction, and control over the expenditure of funds for personnel and activities assigned to the command.

`(G) Training military and civilian personnel assigned to or under the command.

`(H) Conducting specialized courses of instruction for military and civilian personnel assigned to or under the command.

`(I) Validating requirements for military intelligence activities.

`(J) Formulating and submitting requirements to other commanders of the unified combatant commands to support military intelligence activities.

`(3) The commander of the military intelligence command shall be responsible for--

`(A) ensuring that the military intelligence requirements of the other unified combatant commanders are satisfied; and

`(B) responding to intelligence requirements levied by the Director of National Intelligence.

`(4)(A) The commander of the military intelligence command shall be responsible for, and shall have the authority to conduct the development and acquisition of specialized technical intelligence capabilities.

`(B) Subject to the authority, direction, and control of the Secretary of Defense, the commander of the command, in carrying out the function under subparagraph (A), shall have authority to exercise the functions of the head of an agency under chapter 137 of this title.

`(f) INSPECTOR GENERAL- The staff of the commander of the military intelligence command shall include an inspector general who shall conduct internal audits and inspections of purchasing and contracting actions through the command and such other inspector general functions as may be assigned.

`(g) BUDGET- In addition to the activities of a combatant commander for which funding may be requested under section 166(b) of this title, the budget proposal for the military intelligence command shall include requests for funding for--

`(1) development and acquisition of military intelligence collection systems; and

`(2) acquisition of other material, supplies, or services that are peculiar to military intelligence activities.

`(h) REGULATIONS- The Secretary of Defense shall prescribe regulations for the activities of the military intelligence command. The regulations shall include authorization for the commander of the command to provide for operational security of military intelligence forces, civilian personnel, and activities.

`(i) IDENTIFICATION OF MILITARY INTELLIGENCE FORCES- (1) For purposes of this section, military intelligence forces are the following:

`(A) The forces of the elements of the Department of Defense referred to in paragraph (2) that carry out military intelligence activities.

`(B) Any other forces of the armed forces that are designated as military intelligence forces by the Secretary of Defense.

`(2) The elements of the Department of Defense referred to in this paragraph are as follows:

`(A) The Defense Intelligence Agency.

`(B) Any intelligence activities or units of the military departments designated by the Secretary of Defense for purposes of this section.

`(j) MILITARY INTELLIGENCE ACTIVITIES- For purposes of this section, military intelligence activities include each of the following insofar as it relates to military intelligence:

`(1) Intelligence collection.

`(2) Intelligence analysis.

`(3) Intelligence information management.

`(4) Intelligence workforce planning.

`(5) Such other activities as may be specified by the President or the Secretary of Defense.

`(k) INTELLIGENCE COMMUNITY DEFINED- In this section, the term `intelligence community' means the elements of the intelligence community listed or designated under section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 167a the following new item:

`167b. Unified combatant command for military intelligence.'.

SEC. 3. DIRECTION AND OVERSIGHT OF DEPARTMENT OF DEFENSE NATIONAL INTELLIGENCE AGENCIES.

(a) IN GENERAL- Subchapter I of chapter 21 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 427. Department of Defense national intelligence agencies: direction and oversight

`(a) IN GENERAL- Unless otherwise directed by the President, the Secretary of Defense shall direct, supervise, and oversee the head of each Department of Defense national intelligence agency in such official's exercise of the functions as head of such agency.

`(b) DISCHARGE THROUGH COMMANDER OF MILITARY INTELLIGENCE COMMAND- (1) The Secretary of Defense may direct that communications between the Secretary and the head of a Department of Defense national intelligence agency be transmitted through the commander of the military intelligence command under section 167b of this title.

`(2) The Secretary of Defense may assign to the commander of the military intelligence command responsibility for directing, supervising, and overseeing the activities of any Department of Defense national intelligence agency.

`(c) DEPARTMENT OF DEFENSE NATIONAL INTELLIGENCE AGENCY DEFINED- In this section, the term `Department of Defense national intelligence agency' means each of the following:

`(1) The National Security Agency.

`(2) The National Geospatial-Intelligence Agency.

`(3) The National Reconnaissance Office.'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of such subchapter is amended by adding at the end the following new item:

`427. Department of Defense national intelligence agencies: direction and oversight.'.

SEC. 4. MODIFICATION OF ELEMENTS OF THE INTELLIGENCE COMMUNITY.

Section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)), as amended by section 1073 of the National Security Intelligence Reform Act of 2004 (title I of Public Law 108-458), is further amended--

(1) by striking subparagraph (D) and inserting the following new subparagraph (D):

`(D) The military intelligence command.';

(2) by striking subparagraphs (G) and (H); and

(3) by redesignating subparagraphs (I), (J), (K), and (L) as subparagraphs (G), (H), (I), and (J), respectively.

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