[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3694 Referred in Senate (RFS)]
2d Session
H. R. 3694
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 7, 1998
Received; read twice and referred to the Select Committee on
Intelligence
_______________________________________________________________________
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:
ROBIN H. CARLE,
Clerk.