DEFENSE DRAFT BILL 100-117, "TO AMEND TITLE 10, U.S.C. TO IMPROVE EXISTING MILITARY INTELLIGENCE COLLECTION, PRODUCTION AND DISSEMINATION CAPABILITIES.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90M00005R001400010032-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 27, 2016
• Document Release Date: October 17, 2012
• Sequence Number: 32
• Publication Date: August 15, 1988
• Content Type: LETTER

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OCA 059-88
STAT
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OCA P59-88
EXECUTIVE OFFICE OF 114E PRESIDENT
Aft. t .
OFFICE OF MANAGEMENT AND BUDGET um
WASHINGTON. D.C. 1110903
August 15, 1988
LEGISLATIVE REFERRAL MEMORANDUM
TO: Legislative Liaison Officer -
Office of Personnel Management
National Security Council'
Department of State
iCeritral---LnEdrligence_An-cp
SPECIAL
SUBJECT: Defense draft bill 100-117, "To amend Title 10, U.S.C.
to improve existing military intelligence collection,
production and dissemination capabilities."
The Office of Management and Budget requests the views of your
agency on the above subject before advising on its relationship
to the program of the President, in accordance with OMB Circular
A-19.
A response to this request for your views is needed no later than
WEDNESDAY, SEPTEMBER 7, 1988.
Questions should be referred to SUE TEAUANNETTE ROONEY
(395-7300), the legislative analyst in this office.
Enclosures
CC: A. Donahue
H. Schreiber
N. Moore
J. Eisenhour
E. Rea
RONALD K. PETERSON FOR
Assistant Director for
Legislative Reference
SPECIAL
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The Honorable Jim Wright
Speaker of the House of Representatives
Washington, D.C. 20515
Dear Mr. Speaker:
Allow me to Submit ,for consideration the attached draft legis-
lation; which is Intended to improve existing military intelli-
gence collection, production and dissemination capabilities.
This legislation can be entitled "The Military Intelligence
Authorities EnhanceMent-Act."
This proposal is part of the Department of Defense legislative
program for the [ ] Congress. The Office of Management and
Budget advises that, from the standpoint of the Administration's
program, there is no objection to presenting this legislation to
the Congress for consideration at this time.
PURPOSE OF THE LEGISLATION
This proposal seeks to ameliorate several shortcomings in
authority that currently degrade our ability to collect, produce
and disseminate the quantity and quality of foreign intelligence
and counterintelligence necessary for the national defense.
1. Foreign Language Proficiency Pay. This proposal would merely
authorize the Secretary of Defense to provide the same foreign
language proficiency incentive pay to DoD civilian personnel that
previously has been authorized for CIA, NSA and uniformed
military personnel. The need for such incentive pay within the
Intel ligence arena is crucial, especially given the expanded
language proficiency requirements levied by the INF treaty
inspection and compliance regime.
2. Intelligence Training for Foreign Military Personnel. The
Defense Intelligence Agency has had several opportunities to
establish or improve intelligence collection capabilities frus-
trated because of the Agency's inability to offer basic intelli-
gence training to foreign military personnel. Such training
authority could enhance substantially the Agency's ability to
establish or expand liaison and cooperation with foreign intel-
ligence services. The training to be provided generally would
teach basic intelligence skills to selected foreign military
personnel. We believe the intelligence benefits received would
far outweigh the modest training costs anticipated.
3. Foreign Materiel Utilization. The Department of Defense
recently has had difficulty in transferring and/or reprogramming
sufficient appropriated funds quickly enough to capitalize upon
the unanticipated availability of foreign material with signif-
icant intelligence value, or to acquire such materiel that may
have significant implications for assessing the likelihood of
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success Of pOssible ? foreign -:policy actions. In both Cases,
timely acquisition and exploitation may be vital. Improved
acquisition and exploitation authority will also satisfy foreign
materiel requirements crucial to other significant activities
such as weapons testing and development. The present acquisition
.and exploitation system does not have sufficient flextbility to
respond to these needs.
COST AND BUDGET DATA
1. Do0 Foreign Language Proficiency Pay. DIA anticipates an
expenditure of approximately $80,000 during the first year.
2. Intelligence Training for Foreign Military Personnel. Use of
this training authority anticipates inclusion of small numbers of
foreign military personnel in existing, ongoing DoD training pro-
grams or classes. Hence, this proposal will result in only a
slight increase in existing training requirements. We anticipate
that the cost of this added training increment will be minimal.
3. Foreign Materiel Utilization. There will be no cost to this
legislation, since it merely amends the foreign materiel acquisi-
tion and exploitation procedures. The cost of the acquisition
and exploitation program that will utilize this authority is
addressed in the appropriations process. Meaningful cost and
budget data are reviewable in that context.
Enclosures
Draft Bill
Section-by-Section Analysis
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A BILL
To amend title 10, United States Code, to improve existing,
'military intelligence collection,-production and dissemination
capabilities, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this Act
may be cited as the "Military Intelligence Enhancement Act."
Sec. 101. Chapter 33 of title 10, United States Code, is
amended by adding at the end thereof the following new section:
"1606. Special Pay for Foreign Language Proficiency
"(a) In addition to any compensation authorized under
section 1604(b) of this title, the Secretary of Defense may
further compensate civilian officers and employees of the Depart-
ment of Defense: (1) who have been certified to be proficient in
a foreign language identified by the Secretary of Defense as
being a language where personnel proficiency is necessary for
national defense considerations; and (2) who serve in positions
where proficiency facilitates performance of officially assigned
duties, or otherwise are proficient in a foreign language for
which the Department has a critical need."
"(b) The annual rate for special pay under subsection
(a) shall be determined by the Secretary of Defense but may not
exceed $[3,600]."
Sec. 102. Chapter 101 of title 10, United States Code, is
amended by adding at the end thereof the following new section:
"2011. Training of certain foreign personnel
"Notwithstanding any other provision of law, the Secretary
of Defense may provide training in intelligence collection,
analysis and dissemination to personnel of the armed forces of
any other country where the Secretary determines that such
training will further the collection, production or dissemina-
tion of foreign intelligence or counterintelligence by the
Department of Defense."
Sec. 103. Title 10, United States Code, is amended by adding
a new chapter 154 to read as follows:
"Chapter 154 - Foreign Materiel Utilization.
"2590. Notwithstanding any other provision of law, the
Secretary of Defense may acquire or accept foreign materiel
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?
important to.the.Military or Intelligence interests of the United
States and may exchange, accept or furnish information Or
materiel pursuant to an agreement with a foreign country or
International organization for the production or exchange of
inteiligence. -Transfers of foreign materiel under this chapter
are subject to the provisions of section 503 Of :the National
Security. Act of 1947."
2591 Notwithstanding any other provision of law, sums
appropriated to the Department of Defense shall be 'available for
-acquisition or exploitation of foreign materiel ? when such
acquisition or exploitation is'determined by the Secretary to be
important to the military or intelligence interests of the
United States.
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SECTION-BY-SECTION ANALYSIS
Section 101 would provide the Secretary with authority to
pay additional compensation to civilian employees of the Depart-
ment, to include the military services and defense agencies, who
are proficient in a foreign language which can be applied in the
collection, production or dissemination of foreign intelligence.
Currently, such authority exists for employees of the State
Department, Central Intelligence Agency, National Security Agency
and uniformed personnel of the military services. The need for
such proficiency in other intelligence components of the Depart-
ment of Defense, such as the Defense intelligence Agency and the
newly formed INF treaty On Site Inspection Agency, is fundamen-
tal because of increasing demands for high quality ail-source
military intelligence. In addition, it Is recognized that the
acquisition, maintenance and enhancement of a foreign language
skill requires extraordinary effort and time normally outside of
regular duty hours. Therefore, to encourage proficiency in
critical foreign language communication skills (reading, speaking
and listening) section 101 authorizes payment of special pay to
civilian employees who test at or above a utility level estab-
lished by the Secretary.
Section 102 adds a new section to chapter 101 of title 10,
United States Code, authorizing the Secretary of Defense to
provide training to foreign military personnel. Proposed section
2011 specifies that such training is confined to basic intelli-
gence collection, production and dissemination skills. Training
cannot be provided unless the Secretary determines that the
collection, production or dissemination of foreign intelligence
or counterintelligence by the Department of Defense will be
enhanced.
Section 103 creates a new chapter 154 within title 10,
United States Code, dealing with foreign materiel utilization.
Proposed section 2590 authorizes the Secretary of Defense to
acquire or accept, and exploit foreign materiel important to the
military or intelligence interests of the United States and to
exchange, accept or furnish information or materiel pursuant to
an agreement with a foreign country or international organization
for the production or exchange of intelligence. Proposed section
2590 further stipulates that foreign materiel transfers will be
governed by the provisions of section 503 of the National Secur-
ity Act of 1947 (section 415, title 50, United States Code).
Section 503 requires that the Congress be apprised of certain
transfers of materiel or services. Proposed section 2591 makes
all sums appropriated to the Department of Defense available for
use in acquiring or exploiting foreign materiel when such
acquisition is determined by the Secretary to be important to
the military or intelligence interests of the United States.
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