[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3694 Engrossed in House (EH)]


  2d Session

                               H. R. 3694

_______________________________________________________________________

                                 AN ACT

 To authorize appropriations for fiscal year 1999 for intelligence and 
 intelligence-related activities of the United States Government, the 
   Community Management Account, and the Central Intelligence Agency 
       Retirement and Disability System, and for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  2d Session
                                H. R. 3694

_______________________________________________________________________

                                 AN ACT


 
 To authorize appropriations for fiscal year 1999 for intelligence and 
 intelligence-related activities of the United States Government, the 
   Community Management Account, and the Central Intelligence Agency 
       Retirement and Disability System, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 1999''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Community management account.
 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.
                     TITLE III--GENERAL PROVISIONS

Sec. 301. Increase in employee compensation and benefits authorized by 
                            law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Application of sanctions laws to intelligence activities.
Sec. 304. Sense of the Congress on intelligence community contracting.
Sec. 305. Annual report on intelligence community cooperation with 
                            domestic Federal law enforcement agencies.
                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

Sec. 401. Enhanced protective authority for CIA personnel and family 
                            members.
Sec. 402. Technical amendments.
         TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

Sec. 501. Extension of authority to engage in commercial activities as 
                            security for intelligence collection 
                            activities.

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 1999 
for the conduct of the intelligence and intelligence-related activities 
of the following elements of the United States Government:
            (1) The Central Intelligence Agency.
            (2) The Department of Defense.
            (3) The Defense Intelligence Agency.
            (4) The National Security Agency.
            (5) The Department of the Army, the Department of the Navy, 
        and the Department of the Air Force.
            (6) The Department of State.
            (7) The Department of the Treasury.
            (8) The Department of Energy.
            (9) The Federal Bureau of Investigation.
            (10) The National Reconnaissance Office.
            (11) The National Imagery and Mapping Agency.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

    (a) Specifications of Amounts and Personnel Ceilings.--The amounts 
authorized to be appropriated under section 101, and the authorized 
personnel ceilings as of September 30, 1999, for the conduct of the 
intelligence and intelligence-related activities of the elements listed 
in such section, are those specified in the classified Schedule of 
Authorizations prepared to accompany the bill H.R. 3694 of the 105th 
Congress.
    (b) Availability of Classified Schedule of Authorizations.--The 
Schedule of Authorizations shall be made available to the Committees on 
Appropriations of the Senate and House of Representatives and to the 
President. The President shall provide for suitable distribution of the 
Schedule, or of appropriate portions of the Schedule, within the 
executive branch.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

    (a) Authority for Adjustments.--With the approval of the Director 
of the Office of Management and Budget, the Director of Central 
Intelligence may authorize employment of civilian personnel in excess 
of the number authorized for fiscal year 1999 under section 102 when 
the Director of Central Intelligence determines that such action is 
necessary to the performance of important intelligence functions, 
except that the number of personnel employed in excess of the number 
authorized under such section may not, for any element of the 
intelligence community, exceed two percent of the number of civilian 
personnel authorized under such section for such element.
    (b) Notice to Intelligence Committees.--The Director of Central 
Intelligence shall promptly notify the Permanent Select Committee on 
Intelligence of the House of Representatives and the Select Committee 
on Intelligence of the Senate whenever he exercises the authority 
granted by this section.

SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Community Management Account of the Director of 
Central Intelligence for fiscal year 1999 the sum of $139,123,000. 
Within such amount, funds identified in the classified Schedule of 
Authorizations referred to in section 102(a) for the Advanced Research 
and Development Committee shall remain available until September 30, 
2000.
    (b) Authorized Personnel Levels.--The elements within the Community 
Management Account of the Director of Central Intelligence is 
authorized 283 full-time personnel as of September 30, 1999. Personnel 
serving in such elements may be permanent employees of the Community 
Management Staff or personnel detailed from other elements of the 
United States Government.
    (c) Classified Authorizations.--
            (1) Authorization of appropriations.--In addition to 
        amounts authorized to be appropriated for the Community 
        Management Account by subsection (a), there is also authorized 
        to be appropriated for the Community Management Account for 
        fiscal year 1999 such additional amounts as are specified in 
        the classified Schedule of Authorizations referred to in 
        section 102(a).
            (2) Authorization of personnel.--In addition to the 
        personnel authorized by subsection (b) for elements of the 
        Community Management Account as of September 30, 1999, there is 
        authorized such additional personnel for such elements as of 
        that date as is specified in the classified Schedule of 
        Authorizations.
    (d) Reimbursement.--Except as provided in section 113 of the 
National Security Act of 1947, during fiscal year 1999, any officer or 
employee of the United States or a member of the Armed Forces who is 
detailed to the staff of the Community Management Account from another 
element of the United States Government shall be detailed on a 
reimbursable basis, except that any such officer, employee or member 
may be detailed on a nonreimbursable basis for a period of less than 
one year for the performance of temporary functions as required by the 
Director of Central Intelligence.
    (e) National Drug Intelligence Center.--
            (1) In general.--Of the amount appropriated pursuant to the 
        authorization in subsection (a), the amount of $27,000,000 
        shall be available for the National Drug Intelligence Center. 
        Within such amount, funds provided for research, development, 
        test, and evaluation purposes shall remain available until 
        September 30, 2000, and funds provided for procurement purposes 
        shall remain available until September 30, 2001.
            (2) Transfer of funds.--The Director of Central 
        Intelligence shall transfer to the Attorney General of the 
        United States funds available for the National Drug 
        Intelligence Center under paragraph (1). The Attorney General 
        shall utilize funds so transferred for the activities of the 
        National Drug Intelligence Center.
            (3) Limitation.--Amounts available for the National Drug 
        Intelligence Center may not be used in contravention of the 
        provisions of section 103(d)(1) of the National Security Act of 
        1947 (50 U.S.C. 403-3(d)(1)).
            (4) Authority.--Notwithstanding any other provision of law, 
        the Attorney General shall retain full authority over the 
        operations of the National Drug Intelligence Center.
    (f) Transfer Authority for Funds for Security Requirements at 
Overseas Locations.--
            (1) In general.--Of the amount appropriated pursuant to the 
        authorization in subsection (a), the Director of Central 
        Intelligence may transfer funds to departments or other 
        agencies for the sole purpose of supporting certain 
        intelligence community security requirements at overseas 
        locations, as specified by the Director.
            (2) Limitation.--Amounts made available for departments or 
        agencies under paragraph (1) shall be--
                    (A) transferred to the specific appropriation;
                    (B) allocated to the specific account in the 
                specific amount, as determined by the Director;
                    (C) merged with funds in such account that are 
                available for architectural and engineering support 
                expenses at overseas locations; and
                    (D) available only for the same purposes, and 
                subject to the same terms and conditions, as the funds 
                described in subparagraph (C).

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the Central Intelligence 
Agency Retirement and Disability Fund for fiscal year 1999 the sum of 
$201,500,000.

                     TITLE III--GENERAL PROVISIONS

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY 
              LAW.

    Appropriations authorized by this Act for salary, pay, retirement, 
and other benefits for Federal employees may be increased by such 
additional or supplemental amounts as may be necessary for increases in 
such compensation or benefits authorized by law.

SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

    The authorization of appropriations by this Act shall not be deemed 
to constitute authority for the conduct of any intelligence activity 
which is not otherwise authorized by the Constitution or the laws of 
the United States.

SEC. 303. APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE ACTIVITIES.

    Section 905 of the National Security Act of 1947 (50 U.S.C. 441d) 
is amended by striking out ``January 6, 1999'' and inserting in lieu 
thereof ``January 6, 2000''.

SEC. 304. SENSE OF THE CONGRESS ON INTELLIGENCE COMMUNITY CONTRACTING.

    It is the sense of the Congress that the Director of Central 
Intelligence should continue to direct that elements of the 
intelligence community, whenever compatible with the national security 
interests of the United States and consistent with operational and 
security concerns related to the conduct of intelligence activities, 
and where fiscally sound, should competitively award contracts in a 
manner that maximizes the procurement of products properly designated 
as having been made in the United States.

SEC. 305. ANNUAL REPORT ON INTELLIGENCE COMMUNITY COOPERATION WITH 
              DOMESTIC FEDERAL LAW ENFORCEMENT AGENCIES.

    Not later than 90 days after the end of each fiscal year ending 
after the date of the enactment of this Act, the Director of Central 
Intelligence shall submit a report to the Congress that describes the 
level of cooperation and assistance provided to domestic Federal law 
enforcement agencies by the intelligence community during such fiscal 
year relating to the effort to stop the flow of illegal drugs into the 
United States through the United States-Mexico border and the United 
States-Canada border.

                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

SEC. 401. ENHANCED PROTECTIVE AUTHORITY FOR CIA PERSONNEL AND FAMILY 
              MEMBERS.

    Section 5(a)(4) of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 403f(a)(4)) is amended by striking out ``and the protection of 
Agency personnel and of defectors, their families'' and inserting in 
lieu thereof ``and the protection of current and former Agency 
personnel and their immediate families, and defectors and their 
immediate families''.

SEC. 402. TECHNICAL AMENDMENTS.

    (a) Central Intelligence Agency Act of 1949.--(1) Section 5(a)(1) 
of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403f(a)(1)) 
is amended--
            (A) by striking out ``subparagraphs (B) and (C) of section 
        102(a)(2)'' and inserting in lieu thereof ``paragraphs (2) and 
        (3) of section 102(a)'';
            (B) by striking out ``(c)(5)'' and inserting in lieu 
        thereof ``(c)(6)'';
            (C) by inserting ``(3),'' after ``403(a)(2),'';
            (D) by inserting ``(c)(6), (d)'' after ``403-3''; and
            (E) by inserting ``(a), (g)'' after ``403-4''.
    (2) Section 6 of such Act (50 U.S.C. 403g) is amended by striking 
out ``(c)(5)'' each place it appears and inserting in lieu thereof 
``(c)(6)''.
    (b) Central Intelligence Agency Retirement Act.--Section 201(c) of 
the Central Intelligence Agency Retirement Act (50 U.S.C. 2011(c)) is 
amended by striking out ``(c)(5)'' each place it appears and inserting 
in lieu thereof ``(c)(6)''.

         TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

SEC. 501. EXTENSION OF AUTHORITY TO ENGAGE IN COMMERCIAL ACTIVITIES AS 
              SECURITY FOR INTELLIGENCE COLLECTION ACTIVITIES.

    Section 431(a) of title 10, United States Code, is amended by 
striking out ``December 31, 1998'' and inserting in lieu thereof 
``December 31, 2001''.

            Passed the House of Representatives May 7, 1998.

            Attest:

                                                                 Clerk.