[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2778 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2778
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
September 8, 2004
Mr. Chambliss introduced the following bill; which was read twice and
referred to the Select Committee on Intelligence
_______________________________________________________________________
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. 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 all military intelligence activities;
``(B) to develop new military intelligence collection
capabilities; and
``(C) to represent the Department of Defense in the
intelligence community under the National Intelligence
Director.
``(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.--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 his 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.
``(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 National
Intelligence Director; and
``(2) serve as the principle advisor to the Secretary of
Defense, the Chairman of the Joint Chiefs of Staff, and the
National Intelligence Director on all matters relating to
military intelligence.
``(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) Preparing and submitting to the Secretary of Defense
and the National Intelligence Director recommendations and
budget proposals for military intelligence forces and
activities.
``(C) Exercising authority, direction, and control over the
expenditure of funds for personnel and activities assigned to
the command.
``(D) Training military and civilian personnel assigned to
or under the command.
``(E) Conducting specialized courses of instruction for
military and civilian personnel assigned to or under the
command.
``(F) Validating requirements.
``(G) Establishing priorities for military intelligence in
harmony with national priorities established by the National
Intelligence Director and approved by the President.
``(H) Ensuring the interoperability of intelligence sharing
within the Department of Defense and within the intelligence
community as a whole, as directed by the National Intelligence
Director.
``(I) Formulating and submitting requirements to other
commanders of the unified combatant commands to support
military intelligence activities.
``(J) Recommending to the Secretary of Defense individuals
to head the components of the command.
``(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
National Intelligence Director.
``(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.--(1) The Secretary of Defense and the National
Intelligence Director shall jointly consult on the budget of the
military intelligence command before submitting the budget to the
President.
``(2) 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--
``(A) development and acquisition of military intelligence
collection systems; and
``(B) 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) The National Security Agency.
``(C) The National Geospatial-Intelligence Agency.
``(D) The National Reconnaissance Office.
``(E) 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)).''.
(2) The table of sections at the beginning of that chapter is
amended by inserting after the item relating to section 167a the
following new item:
``167b. Unified combatant command for military intelligence.''.
(b) Consultation With National Intelligence Director on Heads of
Components of Command.--The Secretary of Defense shall consult with the
National Intelligence Director on any recommendations made by the
commander of the military intelligence command under section
167b(e)(2)(J) of title 10, United States Code (as added by subsection
(a)), regarding the heads of the components of the military
intelligence command before transmitting such recommendations to the
President.
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