Intelligence Reorganization Act of 1992

Summary

Intelligence Reorganization Act of 1992 - Title I: The National Security Council - Amends the National Security Act of 1947 (NSA) to: (1) authorize the Director of National Intelligence (DNI) (established pursuant to this Act) to attend and participate in meetings of the National Security Council (NSC), but not to vote on any policy matter before the NSC; and (2) establish within the NSC a Committee on Foreign Intelligence, composed of the Secretaries of State, Department, and Commerce (or their respective deputies), the Assistant to the President for National Security Affairs (APNSA), and such other members as the President may designate, to establish (consistent with presidential policy and objectives) the overall requirements and priorities for the Intelligence Community (IC) and regularly assess how effectively the IC has preformed its responsibilities under the NSA. Specifies that the APNSA shall serve as chairman of the Committee. Title II: The Director of National Intelligence - Revises NSA provisions to establish the position of DNI who shall: (1) be appointed by the President, by and with the advice and consent of the Senate; (2) serve as head of the IC and act as the principal intelligence adviser to the President; (3) exercise authority, direction, and control over the Central Intelligence Agency (CIA); and (4) be subject to the policy directives of the President and the NSC. Provides for the establishment of a Deputy DNI for the IC and a Deputy DNI for Estimates and Analysis. Specifies that the offices of the Deputy DNIs shall constitute a National Intelligence Center, located in the same office building as the DNI. Makes the DNI responsible for providing timely, objective intelligence to the President and, where appropriate, to the heads of executive departments and agencies, the Chairman of the Joint Chiefs of Staff and senior military commanders, and the Congress. Establishes the National Intelligence Council (NIC), composed of senior IC analysts who shall be appointed by the DNI. Makes the NIC responsible for the production of national intelligence estimates for the Government and otherwise assisting the DNI in carrying out his responsibilities. Requires NIC members to constitute the senior intelligence advisers of the IC for purposes of representing the views of the IC within the Government. Establishes under the Deputy DNI for Estimates and Analysis an Office of Intelligence Analysis, headed by a director appointed by the DNI. Requires the Office to be comprised of analysts assigned to agencies within the IC and to be responsible for preparing all current intelligence and other analysis that is intended to be disseminated within the Government as a whole. Makes the DNI responsible for: (1) developing and presenting to the President and the Congress an annual budget for the National Foreign Intelligence Program (Program); (2) managing the collection capabilities of the IC to ensure the satisfaction of national requirements; (3) promoting and evaluating the utility of national intelligence to consumers within the Government; (4) eliminating waste and unnecessary duplication within the IC; (5) providing guidance, direction, and approval for the procurement and operation of overhead reconnaissance systems to ensure appropriate compatibility and integration of such systems; and (6) protecting intelligence sources and methods from unauthorized disclosure. Establishes under the Deputy DNI for the IC an Office of Warning and Crisis Support, comprised of full-time senior representatives of the IC appointed by the DNI. Directs that the Office be headed by a director appointed by the DNI to be responsible for: (1) identifying on a regular, continuing basis any immediate threat to national security or any area or circumstances where U.S. intervention or involvement is, or may become, necessary or desirable; (2) providing to the President and other senior officials options pertaining to such intervention or involvement; (3) providing intelligence support during periods of crisis to the President and other senior officials, as appropriate; and (4) otherwise assisting the DNI in carrying out his responsibilities. Requires the DNI to establish a board, composed of experienced current or former Government officials, without conflicting allegiances to particular elements of the IC, to: (1) provide a full-time capability to evaluate objectively the quality and timeliness of intelligence support provided by the Government; and (2) otherwise assist the DNI. Makes the Director of the CIA (DCIA), subject to the authority, direction, and control of the DNI, responsible for: (1) collecting intelligence through human sources and by other appropriate means, subject to specified limitations; (2) providing overall direction for the collection of intelligence through human sources by elements of the IC; (3) performing such additional services of common concern to the IC as the DNI determines can be more efficiently accomplished centrally; and (4) performing such other functions and duties relating to intelligence affecting the national security as the President or the NSC may direct, including the carrying out of such covert actions as authorized by the President under the NSA. Establishes within the CIA an Assistant Deputy Director for Operations (Military Support), who shall: (1) be appointed by the DCIA from among the general or flag officers of the Armed Services; (2) carry the grade of Major General or Rear Admiral; (3) serve as the principal liaison of the CIA and the Department of Defense (DOD) to facilitate the collection of intelligence through the use of human sources; and (4) otherwise assist the DCIA in carrying out his responsibilities in providing overall direction for the collection of intelligence through human sources by elements of the IC. Requires each component of the IC to provide access to the DNI to any intelligence related to national security. Makes the DNI responsible for the allocation, obligation, and expenditure of funds within the Program budget for the purpose of achieving national objectives. Specifies that no funds made available under the Program may be reprogrammed by any component of the IC without the prior approval of the DNI. Authorizes the DNI to reprogram funds within the Program in accordance with established reprogramming procedures in order to satisfy national requirements of a higher priority if prior notice is given to the head of the IC component whose funds would be reprogrammed and a reasonable opportunity is provided for such head to appeal such action to the President. Grants the DNI authority to obligate or expend funds from the Reserve for Contingencies of the National Intelligence Agency for any intelligence or intelligence-related activity of the IC in accordance with the NSA. Authorizes the DNI to temporarily reassign specified individuals to satisfy national requirements of a higher priority, subject to specified requirements. Authorizes the DNI, under the direction of the NSC, to direct the use of any collection capability within the IC in order to satisfy a priority intelligence requirement. Directs the DNI, under such direction, to coordinate the relationships between elements of the IC and the intelligence or security services of foreign governments. Authorizes the DNI to direct the preparation of intelligence analyses to satisfy national requirements by any elements of the IC after appropriate consultation with the heads of the departments or agencies concerned. Requires the DNI to institute policies and programs within the IC to provide for the rotation of personnel between components of the IC and to consolidate personnel, administrative, and security programs to reduce the overall costs of these activities within the IC. Amends the Central Intelligence Agency Act of 1949, the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, and any other law referring to the Director of Central Intelligence (DCI) with respect to his duties as head of the CIA to substitute DCIA for DCI. Directs the President, beginning with FY 1994, to include in any budget request for that fiscal year submitted to the Congress an aggregate amount for the Program. Specifies that any amount authorized to be appropriated (or appropriated) for the Program shall be considered to be authorized to be appropriated (or appropriated) to the DNI, who shall obligate, expend, and allocate such funds within the IC in accordance with the appropriate authorization or appropriation Act. Title III: The Intelligence Activities of the Department of Defense - Subtitle A: Office of the Secretary of Defense - Provides for: (1) an Assistant Secretary of Defense for Intelligence who shall have responsibility for the development of policy, resource allocation, and oversight for all intelligence and intelligence-related activities of DOD; ensure that the Secretary of Defense (Secretary) and his staff receive appropriate and timely intelligence support from the IC; and have principal responsibility for integrating the tactical intelligence programs of DOD with the Program; and (2) an Assistant Secretary of Defense for Command, Control, and Communications, who shall have as his principal duty the overall supervision of command, control, and communications affairs of DOD. (Under current law, there is a single Assistant Secretary of Defense for Command, Control, Communications, and Intelligence.) Makes the Secretary responsible for ensuring: (1) the implementation of the policies and resource decisions of the DNI by elements of DOD within the Program; and (2) that the tactical intelligence activities of DOD complement and are compatible with intelligence activities funded within the Program. Requires the Secretary, as part of the budget submission made to the Congress for FY 1994 and for each fiscal year thereafter, to identify to specified congressional committees those activities of DOD currently listed as the Tactical Intelligence and Related Activities (TIARA) which: (1) produce positive intelligence in peacetime; (2) interface or interoperate directly with national intelligence systems; or (3) satisfy the intelligence requirements of DOD elements generally rather than the requirements of a single element. Specifies that: (1) beginning with FY 1995 activities so identified shall be funded as elements of a Tactical Intelligence Program within the DOD budget and shall be managed as a separate program by the Secretary; and (2) elements of existing TIARA not identified by the Secretary as intelligence activities shall be designated for program management under existing arrangements within DOD. Subtitle B: The National Security Agency - Amends the NSA to establish within DOD a new National Security Agency (the Agency), headed by a director appointed by the Secretary from among the active component commissioned officers of the armed forces, subject to specified requirements. Sets forth as the responsibilities of the Agency to: (1) establish and operate, subject to the authorities and guidance of the DNI, an effective unified organization within the IC for the conduct of signals intelligence activities and to ensure that the product of such activities is disseminated in a timely manner to authorized recipients within the Government; (2) serve, subject to the authorities and guidance of the DNI, as the sole agent within the IC for the procurement and operation of such overhead reconnaissance systems as may be required to satisfy the signals intelligence collection requirements of the IC; and (3) provide for the communications security needs of the Government. Subtitle C: The National Imagery Agency - Amends the NSA to establish within DOD a National Imagery Agency (NIA), headed by a director appointed by the Secretary. Specifies that, subject to the authorities and guidance of the DNI, the NIA shall: (1) establish and operate an effective unified organization within the IC for the tasking of imagery collectors, the exploitation and analysis of the results of such collection, and the dissemination of the product of such collection in a timely manner to authorized recipients within the Government; and (2) serve as the sole agent within the IC for the procurement and operation of such overhead reconnaissance systems as may be required to satisfy the imagery collection requirements of the IC. Subtitle D: The Defense Intelligence Agency - Establishes within DOD a Defense Intelligence Agency (DIA), headed by a director appointed by the Secretary from among the active component commissioned officers of the armed forces, subject to specified requirements (thus providing a permanent statutory basis for the DIA's existence, which was created by order of the Secretary on October 1, 1961). Specifies that, subject to the direction of the Secretary, the DIA shall: (1) produce timely, objective military and military-related intelligence and disseminate such intelligence to the Secretary and, as appropriate, to the Joint Chiefs of Staff and senior military commanders, other elements of DOD, and other agencies and elements of the Government; (2) coordinate the production of all military and military-related intelligence by intelligence elements of DOD to ensure adequacy and objectivity and to avoid unnecessary duplication; (3) manage the Defense Attache system; (4) validate the intelligence collection requirements of intelligence elements within DOD; and (5) perform such additional services of common concern to such elements as the Secretary determines can be more efficiently accomplished centrally. Specifies that, to carry out his responsibilities under the NSA, the Director of the DIA: (1) shall have access to all intelligence collected by any intelligence element of DOD, or any component of the IC, which bears upon a matter within his area of responsibility, and shall require the military departments to assign qualified active duty officers of the armed forces to the Defense Attache system; and (2) may evaluate any military and military-related intelligence produced by any component of DOD for use or dissemination outside such component, to ensure accuracy, completeness, objectivity, or timeliness, and may (in order to avoid unnecessary duplication) evaluate the production of such intelligence by intelligence elements of or within DOD and direct that the requirements of a particular element be satisfied by alternative means, except that independent intelligence production capabilities shall be maintained as required by each of the military departments. Subtitle E: The Military Departments - Requires the Secretaries of the military departments: (1) under the direction of the Secretary, to maintain sufficient capabilities to collect and produce intelligence in satisfaction of any requirements of the DNI, the Secretary or the Chairman of the Joint Chiefs of Staff, and the military department concerned; and (2) to ensure that such capabilities do not exceed that which is necessary to satisfy the requirements of their respective departments (and, to the extent feasible, to provide for such capabilities to be maintained jointly and in the most efficient and cost-effective form). Title IV: Congressional Oversight - Amends Senate Resolution 400 (94th Congress) (which established the Senate Select Committee on Intelligence) to eliminate an exclusion from the jurisdiction of such Committee with respect to tactical intelligence activities, effective October 1, 1993. Title V: Transfer of Functions and Savings Provisions - Provides for the transfer of functions from existing organizational entities to entities created under this Act. Sets forth administrative provisions relating to such transfers, including the transfer and allocation of appropriations and personnel. Title VI: Effective Date - Specifies that, except for provisions related to the DIA and to congressional oversight, this Act shall take effect 180 days after its enactment.

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• Introduced in Senate (text)

  Introduced in Senate · EN

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• Introduced in Senate

  summary · EN · 5 February 1992

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