[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 858 Engrossed Amendment House (EAH)]
1st Session
S. 858
_______________________________________________________________________
AMENDMENT
In the House of Representatives, U. S.,
July 17, 1997.
Resolved, That the bill from the Senate (S. 858) entitled ``An Act to
authorize appropriations for fiscal year 1998 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'', do pass with the following
AMENDMENT:
Strike all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intelligence Authorization Act for
Fiscal Year 1998''.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 1998
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 Drug Enforcement Administration.
(11) The National Reconnaissance Office.
(12) 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, 1998, 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. 1775 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 1998 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 1998 the sum of $147,588,000.
Within such amount, funds identified in the classified Schedule of
Authorizations referred to in section 102(a) for the Advanced Research
and Development Committee and the Environmental Intelligence and
Applications Program shall remain available until September 30, 1999.
(b) Authorized Personnel Levels.--The elements within the Community
Management Account of the Director of Central Intelligence are
authorized a total of 313 full-time personnel as of September 30, 1998.
Such personnel may be permanent employees of the Community Management
Account elements or personnel detailed from other elements of the
United States Government.
(c) Classified Authorizations.--In addition to amounts authorized
to be appropriated by subsection (a) and the personnel authorized by
subsection (b)--
(1) there is authorized to be appropriated for fiscal year
1998 such amounts, and
(2) there is authorized such personnel as of September 30,
1998,
for the Community Management Account, as are specified in the
classified Schedule of Authorizations referred to in section 102(a).
(d) Reimbursement.--Except as provided in section 113 of the
National Security Act of 1947 (as added by section 304 of this Act),
during fiscal year 1998 any officer or employee of the United States or
member of the Armed Forces who is detailed to an element 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 authorized to be
appropriated 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 engineering purposes shall remain available until September
30, 1999, and funds provided for procurement purposes shall
remain available until September 30, 2000.
(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
Center.
(3) Limitation.--Amounts available for the 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 Center.
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 1998 the sum of
$196,900,000.
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. ADMINISTRATION OF THE OFFICE OF THE DIRECTOR OF CENTRAL
INTELLIGENCE.
Subsection (e) of section 102 of the National Security Act of 1947
(50 U.S.C. 403) is amended by adding at the end the following new
paragraph:
``(4) The Office of the Director of Central Intelligence shall, for
administrative purposes, be within the Central Intelligence Agency.''.
SEC. 304. DETAIL OF INTELLIGENCE COMMUNITY PERSONNEL--INTELLIGENCE
COMMUNITY ASSIGNMENT PROGRAM.
(a) In General.--Title I of the National Security Act of 1947 (50
U.S.C. 401 et seq.) is amended by adding at the end the following new
section:
``detail of intelligence community personnel--intelligence community
assignment program
``Sec. 113. (a) Detail.--(1) Notwithstanding any other provision of
law, the head of a department with an element in the intelligence
community or the head of an intelligence community agency or element
may detail any employee within that department, agency, or element to
serve in any position in the Intelligence Community Assignment Program
on a reimbursable or a nonreimbursable basis.
``(2) Nonreimbursable details may be for such periods as are agreed
to between the heads of the parent and host agencies, up to a maximum
of three years, except that such details may be extended for a period
not to exceed 1 year when the heads of the parent and host agencies
determine that such extension is in the public interest.
``(b) Benefits, Allowances, Travel, Incentives.--An employee
detailed under subsection (a) may be authorized any benefit, allowance,
travel, or incentive otherwise provided to enhance staffing by the
organization from which they are being detailed.
``(c) Annual Report.--(1) Not later than March 1 of each year, the
Director of the Central Intelligence Agency shall submit to the
Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the Senate
a report describing the detail of intelligence community personnel
pursuant to subsection (a) for the previous 12-month period, including
the number of employees detailed, the identity of parent and host
agencies or elements, and an analysis of the benefits of the program.
``(2) The Director shall submit the first of such reports not later
than March 1, 1999.
``(d) Termination.--The authority to make details under this
section terminates on September 30, 2002.''.
(b) Technical Amendment.--Sections 120, 121, and 110 of the
National Security Act of 1947 are hereby redesignated as sections 110,
111, and 112, respectively.
(c) Clerical Amendment.--The table of contents contained in the
first section of such Act is amended by striking the items relating to
sections 120, 121, and 110 and inserting the following:
``Sec. 110. National mission of National Imagery and Mapping Agency.
``Sec. 111. Collection tasking authority.
``Sec. 112. Restrictions on intelligence sharing with the United
Nations.
``Sec. 113. Detail of intelligence community personnel--intelligence
community assignment program.''.
(d) Effective Date.--The amendment made by subsection (a) of this
section shall apply to an employee on detail on or after January 1,
1997.
SEC. 305. 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 ``1998'' and inserting ``1999''.
SEC. 306. COMPLIANCE WITH BUY AMERICAN ACT.
No funds appropriated pursuant to this Act may be expended by an
entity unless the entity agrees that in expending the assistance the
entity will comply with sections 2 through 4 of the Act of March 3,
1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act'').
SEC. 307. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.
(a) Purchase of American-Made Equipment and Products.--In the case
of any equipment or products that may be authorized to be purchased
with financial assistance provided under this Act, it is the sense of
the Congress that entities receiving such assistance should, in
expending the assistance, purchase only American-made equipment and
products.
(b) Notice to Recipients of Assistance.--In providing financial
assistance under this Act, the head of the appropriate element of the
Intelligence Community shall provide to each recipient of the
assistance a notice describing the statement made in subsection (a) by
the Congress.
SEC. 308. PROHIBITION OF CONTRACTS.
If it has been finally determined by a court or Federal agency that
any person intentionally affixed a fraudulent label bearing a ``Made in
America'' inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that was not made in
the United States, such person shall be ineligible to receive any
contract or subcontract made with funds provided pursuant to this Act,
pursuant to the debarment, suspension, and ineligibility procedures
described in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
SEC. 309. REPORT ON INTELLIGENCE ACTIVITIES OF THE PEOPLE'S REPUBLIC OF
CHINA.
(a) Report to Congress.--Not later than 1 year after the date of
the enactment of this Act and annually thereafter, the Director of
Central Intelligence and the Director of the Federal Bureau of
Investigation, jointly, in consultation with the heads of other
appropriate Federal agencies, including the National Security Agency,
and the Departments of Defense, Justice, Treasury, and State, shall
prepare and transmit to the Congress a report on intelligence
activities of the People's Republic of China, directed against or
affecting the interests of the United States.
(b) Delivery of Report.--The Director of Central Intelligence and
the Director of the Federal Bureau of Investigation, jointly, shall
transmit classified and unclassified versions of the report to the
Speaker and minority leader of the House of Representatives, the
majority and minority leaders of the Senate, the Chairman and Ranking
Member of the Permanent Select Committee on Intelligence of the House
of Representatives, and the Chairman and Vice-Chairman of the Select
Committee on Intelligence of the Senate.
(c) Contents of Report.--Each report under subsection (a) shall
include information concerning the following:
(1) Political, military, and economic espionage.
(2) Intelligence activities designed to gain political
influence, including activities undertaken or coordinated by
the United Front Works Department of the Chinese Communist
Party.
(3) Efforts to gain direct or indirect influence through
commercial or noncommercial intermediaries subject to control
by the People's Republic of China, including enterprises
controlled by the People's Liberation Army.
(4) Disinformation and press manipulation by the People's
Republic of China with respect to the United States, including
activities undertaken or coordinated by the United Front Works
Department of the Chinese Communist Party.
SEC. 310. REVIEW OF THE PRESENCE OF CHEMICAL WEAPONS IN THE PERSIAN
GULF THEATER.
The Inspector General of the Central Intelligence Agency shall
conduct a review to determine what knowledge the Central Intelligence
Agency had about the presence or use of chemical weapons in the Persian
Gulf Theater during the course of the Persian Gulf War. The Inspector
General shall submit a report of his findings to the House Permanent
Select Committee on Intelligence and the Senate Select Committee on
Intelligence, no later than August 15, 1998 in both classified and
unclassified form. The unclassified form shall also be made available
to the public.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
SEC. 401. MULTIYEAR LEASING AUTHORITY.
(a) In General.--Section 5 of the Central Intelligence Agency Act
of 1949 is amended--
(1) by redesignating paragraphs (a) through (f) as
paragraphs (1) through (6), respectively;
(2) by inserting ``(a)'' after ``Sec. 5.'';
(3) by striking ``and'' at the end of paragraph (5), as so
redesignated;
(4) by striking the period at the end of paragraph (6), as
so redesignated, and inserting ``; and'';
(5) by inserting after paragraph (6) the following new
paragraph:
``(7) Notwithstanding section 1341(a)(1) of title 31, United States
Code, enter into multiyear leases for up to 15 years that are not
otherwise authorized pursuant to section 8 of this Act.''; and
(6) by inserting at the end the following new subsection:
``(b)(1) The authority to enter into a multiyear lease under
subsection (a)(7) shall be subject to appropriations provided in
advance for (A) the entire lease, or (B) the first 12 months of the
lease and the Government's estimated termination liability.
``(2) In the case of any such lease entered into under clause (B)
of paragraph (1)--
``(A) such lease shall include a clause that provides that
the contract shall be terminated if budget authority (as
defined by section 3(2) of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 622(2))) is not
provided specifically for that project in an appropriations Act
in advance of an obligation of funds in respect thereto;
``(B) notwithstanding section 1552 of title 31, United
States Code, amounts obligated for paying termination costs in
respect of such lease shall remain available until the costs
associated with termination of such lease are paid;
``(C) funds available for termination liability shall
remain available to satisfy rental obligations in respect of
such lease in subsequent fiscal years in the event such lease
is not terminated early, but only to the extent those funds are
in excess of the amount of termination liability in that
subsequent year; and
``(D) annual funds made available in any fiscal year may be
used to make payments on such lease for a maximum of 12 months
beginning any time during the fiscal year.''.
(b) Effective Date.--The amendment made by subsection (a) applies
with respect to multiyear leases entered into pursuant to section 5 of
the Central Intelligence Agency Act of 1949, as amended by subsection
(a), on or after October 1, 1997.
SEC. 402. CIA CENTRAL SERVICES PROGRAM.
The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et
seq.) is amended by adding at the end the following new section:
``central services program
``Sec. 21. (a) Establishment.--The Director may--
``(1) establish a program to provide the central services
described in subsection (b)(2); and
``(2) make transfers to and expenditures from the working
capital fund established under subsection (b)(1).
``(b) Establishment and Purposes of Central Services Working
Capital Fund.--(1) There is established a central services working
capital fund. The Fund shall be available until expended for the
purposes described in paragraph (2), subject to subsection (j).
``(2) The purposes of the Fund are to pay for equipment, salaries,
maintenance, operation and other expenses for such services as the
Director, subject to paragraph (3), determines to be central services
that are appropriate and advantageous to provide to the Agency or to
other Federal agencies on a reimbursable basis.
``(3) The determination and provision of central services by the
Director of Central Intelligence under paragraph (2) shall be subject
to the prior approval of the Director of the Office of Management and
Budget.
``(c) Assets in Fund.--The Fund shall consist of money and assets,
as follows:
``(1) Amounts appropriated to the Fund for its initial
monetary capitalization.
``(2) Appropriations available to the Agency under law for
the purpose of supplementing the Fund.
``(3) Such inventories, equipment, and other assets,
including inventories and equipment on order, pertaining to the
services to be carried on by the central services program.
``(4) Such other funds as the Director is authorized to
transfer to the Fund.
``(d) Limitations.--(1) The total value of orders for services
described in subsection (b)(2) from the central services program at any
time shall not exceed an annual amount approved in advance by the
Director of the Office of Management and Budget.
``(2) No goods or services may be provided to any non-Federal
entity by the central services program.
``(e) Reimbursements to Fund.--Notwithstanding any other provision
of law, the Fund shall be--
``(1) reimbursed, or credited with advance payments, from
applicable appropriations and funds of the Agency, other
Intelligence Community agencies, or other Federal agencies, for
the central services performed by the central services program,
at rates that will recover the full cost of operations paid for
from the Fund, including accrual of annual leave, workers'
compensation, depreciation of capitalized plant and equipment,
and amortization of automated data processing software; and
``(2) if applicable credited with the receipts from sale or
exchange of property, including any real property, or in
payment for loss or damage to property, held by the central
services program as assets of the Fund.
``(f) Retention of Portion of Fund Income.--(1) The Director may
impose a fee for central services provided from the Fund. The fee for
any item or service provided under the central services program may not
exceed four percent of the cost of such item or service.
``(2) As needed for the continued self-sustaining operation of the
Fund, an amount not to exceed four percent of the net receipts of the
Fund in fiscal year 1998 and each fiscal year thereafter may be
retained, subject to subsection (j), for the acquisition of capital
equipment and for the improvement and implementation of the Agency's
information management systems (including financial management,
payroll, and personnel information systems). Any proposed use of the
retained income in fiscal years 1998, 1999, and 2000, shall only be
made with the approval of the Director of the Office of Management and
Budget and after notification to the Permanent Select Committee on
Intelligence of the House of Representatives and the Select Committee
on Intelligence of the Senate.
``(3) Not later than 30 days after the close of each fiscal year,
amounts in excess of the amount retained under paragraph (2) shall be
transferred to the United States Treasury.
``(g) Audit.--(1) The Inspector General of the Central Intelligence
Agency shall conduct and complete an audit of the Fund within three
months after the close of each fiscal year. The Director of the Office
of Management and Budget shall determine the form and content of the
audit, which shall include at least an itemized accounting of the
central services provided, the cost of each service, the total receipts
received, the agencies or departments serviced, and the amount returned
to the United States Treasury.
``(2) Not later than 30 days after the completion of the audit, the
Inspector General shall submit a copy of the audit to the Director of
the Office of Management and Budget, the Director of Central
Intelligence, the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on Intelligence of
the Senate.
``(h) Definitions.--For purposes of this section--
``(1) the term `central services program' means the program
established under subsection (a); and
``(2) the term `Fund' means the central services working
capital fund established under subsection (b)(1).
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Fund $5,000,000 for the purposes specified in
subsection (b)(2).
``(j) Termination.--(1) The Fund shall terminate on March 31, 2000,
unless otherwise reauthorized by an Act of Congress prior to that date.
``(2) Subject to paragraph (1) and after providing notice to the
Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the Senate,
the Director of Central Intelligence and the Director of the Office of
Management and Budget--
``(A) may terminate the central services program and the
Fund at any time; and
``(B) upon any such termination, shall provide for
dispositions of personnel, assets, liabilities, grants,
contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds
held, used, arising from, available to, or to be made available
in connection with such Fund, as may be necessary.''.
SEC. 403. PROTECTION OF CIA FACILITIES.
Subsection (a) of section 15 of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 403o(a)) is amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) by striking ``powers only within Agency
installations,'' and all that follows through the end, and
inserting the following: ``powers--
``(A) within the Agency Headquarters Compound and the
property controlled and occupied by the Federal Highway
Administration located immediately adjacent to such Compound
and in the streets, sidewalks, and the open areas within the
zone beginning at the outside boundary of such Compound and
property and extending outward 500 feet; and
``(B) within any other Agency installation and in the
streets, sidewalks, and open areas within the zone beginning at
the outside boundary of any such installation and extending
outward 500 feet.''; and
(3) by adding at the end the following new paragraphs:
``(2) The performance of functions and exercise of powers under
paragraph (1) shall be limited to those circumstances where such
personnel can identify specific and articulable facts giving such
personnel reason to believe that their performance of such functions
and exercise of such powers is reasonable to protect against physical
attack or threats of attack upon the Agency installations, property, or
employees.
``(3) Nothing in this subsection shall be construed to preclude, or
limit in any way, the authority of any Federal, State, or local law
enforcement agency or of any other Federal police or Federal protective
service.
``(4) The rules and regulations enforced by such personnel shall be
the rules and regulations promulgated by the Director and shall only be
applicable to the areas referred to in paragraph (1).
``(5) On December 1, 1998, and annually thereafter, the Director
shall submit a report to the Permanent Select Committee on Intelligence
of the House of Representatives and the Select Committee on
Intelligence of the Senate that describes in detail the exercise of the
authority granted by this subsection, and the underlying facts
supporting the exercise of such authority, during the preceding fiscal
year. The Director shall make such report available to the Inspector
General of the Agency.''.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
SEC. 501. AUTHORITY TO AWARD ACADEMIC DEGREE OF BACHELOR OF SCIENCE IN
INTELLIGENCE.
(a) Authority for New Bachelor's Degree.--Section 2161 of title 10,
United States Code, is amended to read as follows:
``Sec. 2161. Joint Military Intelligence College: academic degrees
``Under regulations prescribed by the Secretary of Defense, the
president of the Joint Military Intelligence College may, upon
recommendation by the faculty of the college, confer upon a graduate of
the college who has fulfilled the requirements for the degree the
following:
``(1) The degree of Master of Science of Strategic
Intelligence (MSSI).
``(2) The degree of Bachelor of Science in Intelligence
(BSI).''.
(b) Clerical Amendment.--The item relating to that section in the
table of sections at the beginning of chapter 108 of such title is
amended to read as follows:
``2161. Joint Military Intelligence College: academic degrees.''.
SEC. 502. UNAUTHORIZED USE OF NAME, INITIALS, OR SEAL OF NATIONAL
RECONNAISSANCE OFFICE.
(a) Extension, Reorganization, and Consolidation of Authorities.--
Subchapter I of chapter 21 of title 10, United States Code, is amended
by adding at the end the following new section:
``Sec. 425. Prohibition of unauthorized use of name, initials, or seal:
specified intelligence agencies
``(a) Prohibition.--Except with the written permission of the
Secretary of Defense, no person may knowingly use, in connection with
any merchandise, retail product, impersonation, solicitation, or
commercial activity in a manner reasonably calculated to convey the
impression that such use is approved, endorsed, or authorized by the
Secretary of Defense, any of the following (or any colorable imitation
thereof):
``(1) The words `Defense Intelligence Agency', the initials
`DIA', or the seal of the Defense Intelligence Agency.
``(2) The words `National Reconnaissance Office', the
initials `NRO', or the seal of the National Reconnaissance
Office.
``(3) The words `National Imagery and Mapping Agency', the
initials `NIMA', or the seal of the National Imagery and
Mapping Agency.
``(4) The words `Defense Mapping Agency', the initials
`DMA', or the seal of the Defense Mapping Agency.''.
(b) Transfer of Enforcement Authority.--Subsection (b) of section
202 of title 10, United States Code, is transferred to the end of
section 425 of such title, as added by subsection (a), and is amended
by inserting ``Authority To Enjoin Violations.--'' after ``(b)''.
(c) Repeal of Reorganized Provisions.--Sections 202 and 445 of
title 10, United States Code, are repealed.
(d) Clerical Amendments.--
(1) The table of sections at the beginning of subchapter II
of chapter 8 of title 10, United States Code, is amended by
striking out the item relating to section 202.
(2) The table of sections at the beginning of subchapter I
of chapter 21 of title 10, United States Code, is amended by
striking out the items relating to sections 424 and 425 and
inserting in lieu thereof the following:
``424. Disclosure of organizational and personnel information:
exemption for Defense Intelligence Agency,
National Reconnaissance Office, and
National Imagery and Mapping Agency.
``425. Prohibition of unauthorized use of name, initials, or seal:
specified intelligence agencies.''.
(3) The table of sections at the beginning of subchapter I
of chapter 22 of title 10, United States Code, is amended by
striking out the item relating to section 445.
SEC. 503. EXTENSION OF AUTHORITY FOR ENHANCEMENT OF CAPABILITIES OF
CERTAIN ARMY FACILITIES.
Effective October 1, 1997, section 506(b) of the Intelligence
Authorization Act for Fiscal Year 1996 (Public Law 104-93; 109 Stat.
974) is amended by striking out ``fiscal years 1996 and 1997'' and
inserting in lieu thereof ``fiscal years 1998 and 1999''.
TITLE VI--MISCELLANEOUS COMMUNITY PROGRAM ADJUSTMENTS
SEC. 601. COORDINATION OF ARMED FORCES INFORMATION SECURITY PROGRAMS.
(a) Program Execution Coordination.--The Secretary of a military
department or the head of a defense agency may not obligate or expend
funds for any information security program of that military department
without the concurrence of the Director of the National Security
Agency.
(b) Effective Date.--This section takes effect on October 1, 1997.
SEC. 602. AUTHORITY OF EXECUTIVE AGENT OF INTEGRATED BROADCAST SERVICE.
All amounts appropriated for any fiscal year for intelligence
information data broadcast systems may be obligated or expended by an
intelligence element of the Department of Defense only with the
concurrence of the official in the Department of Defense designated as
the executive agent of the Integrated Broadcast Service.
SEC. 603. PREDATOR UNMANNED AERIAL VEHICLE.
(a) Transfer of Functions.--Effective October 1, 1997, the
functions described in subsection (b) with respect to the Predator
Unmanned Aerial Vehicle are transferred to the Secretary of the Air
Force.
(b) Functions To Be Transferred.--Subsection (a) applies to those
functions performed as of June 1, 1997, by the organization within the
Department of Defense known as the Unmanned Aerial Joint Program Office
with respect to the Predator Unmanned Aerial Vehicle.
(c) Transfer of Funds.--Effective October 1, 1997, all unexpended
funds appropriated for the Predator Unmanned Aerial Vehicle that are
within the Defense-Wide Program Element number 0305205D are transferred
to Air Force Program Element number 0305154F.
SEC. 604. U-2 SENSOR PROGRAM.
(a) Requirement for Minimum Number of Aircraft.--The Secretary of
Defense shall ensure--
(1) that not less than 11 U-2 reconnaissance aircraft are
equipped with RAS-1 sensor suites; and
(2) that each such aircraft that is so equipped is
maintained in a manner necessary to counter available threat
technologies until the aircraft is retired or until a successor
sensor suite is developed and fielded.
(b) Effective Date.--Subsection (a) takes effect on October 1,
1997.
SEC. 605. REQUIREMENTS RELATING TO CONGRESSIONAL BUDGET JUSTIFICATION
BOOKS.
(a) In General.--The congressional budget justification books for
any element of the intelligence community submitted to Congress in
support of the budget of the President for any fiscal year shall
include, at a minimum, the following:
(1) For each program for which appropriations are requested
for that element of the intelligence community in that budget--
(A) specification of the program, including the
program element number for the program;
(B) the specific dollar amount requested for the
program;
(C) the appropriation account within which funding
for the program is placed;
(D) the budget line item that applies to the
program;
(E) specification of whether the program is a
research and development program or otherwise involves
research and development;
(F) identification of the total cost for the
program; and
(G) information relating to all direct and
associated costs in each appropriations account for the
program.
(2) A detailed accounting of all reprogramming or
reallocation actions and the status of those actions at the
time of submission of those materials.
(3) Information relating to any unallocated cuts or taxes.
(b) Definitions.--For purposes of this section:
(1) The term ``intelligence community'' has the meaning
given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 401a).
(2) The term ``congressional budget justification books''
means the budget justification materials submitted to Congress
for any fiscal year in support of the budget for that fiscal
year for any element of the intelligence community (as
contained in the budget of the President submitted to Congress
for that fiscal year pursuant to section 1105 of title 31,
United States Code).
(c) Effective Date.--Subsection (a) shall take effect with respect
to fiscal year 1999.
SEC. 606. COORDINATION OF AIR FORCE JOINT SIGINT PROGRAM OFFICE
ACTIVITIES WITH OTHER MILITARY DEPARTMENTS.
(a) Contracts.--The Secretary of the Air Force, acting through the
Air Force Joint Airborne Signals Intelligence Program Office, may not
modify, amend, or alter a JSAF program contract without coordinating
with the Secretary of any other military department that would be
affected by the modification, amendment, or alteration.
(b) New Developments Affecting Operational Military Requirements.--
(1) The Secretary of the Air Force, acting through the Air Force Joint
Airborne Signals Intelligence Program Office, may not enter into a
contract described in paragraph (2) without coordinating with the
Secretary of the military department concerned.
(2) Paragraph (1) applies to a contract for development relating to
a JSAF program that may directly affect the operational requirements of
one of the Armed Forces (other than the Air Force) for the satisfaction
of intelligence requirements.
(c) JSAF Program Defined.--For purposes of this section, the term
``JSAF program'' means a program within the Joint Signals Intelligence
Avionics Family of programs administered by the Air Force Joint
Airborne Signals Intelligence Program Office.
(d) Effective Date.--This section takes effect on October 1, 1997.
SEC. 607. DISCONTINUATION OF THE DEFENSE SPACE RECONNAISSANCE PROGRAM.
Not later than October 1, 1999, the Secretary of Defense shall--
(1) discontinue the Defense Space Reconnaissance Program (a
program within the Joint Military Intelligence Program); and
(2) close the organization within the Department of Defense
known as the Defense Space Program Office (the management
office for that program).
SEC. 608. TERMINATION OF DEFENSE AIRBORNE RECONNAISSANCE OFFICE.
(a) Termination of Office.--The organization within the Department
of Defense known as the Defense Airborne Reconnaissance Office is
terminated. No funds available for the Department of Defense may be
used for the operation of that Office after the date specified in
subsection (d).
(b) Transfer of Functions.--(1) Subject to paragraphs (3) and (4),
the Secretary of Defense shall transfer to the Defense Intelligence
Agency those functions performed on the day before the date of the
enactment this Act by the Defense Airborne Reconnaissance Office that
are specified in paragraph (2).
(2) The functions transferred by the Secretary to the Defense
Intelligence Agency under paragraph (1) shall include functions of the
Defense Airborne Reconnaissance Office relating to its responsibilities
for management oversight and coordination of defense airborne
reconnaissance capabilities (other than any responsibilities for
acquisition of systems).
(3) The Secretary shall determine which specific functions are
appropriate for transfer under paragraph (1). In making that
determination, the Secretary shall ensure that responsibility for
individual airborne reconnaissance programs with respect to program
management, for research, development, test, and evaluation, for
acquisition, and for operations and related line management remain with
the respective Secretaries of the military departments.
(4) Any function transferred to the Defense Intelligence Agency
under this subsection is subject to the authority, direction, and
control of the Secretary of Defense.
(c) Report.--(1) Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
committees named in paragraph (2) a report containing the Secretary's
plan for terminating the Defense Airborne Reconnaissance Office and
transferring the functions of that office.
(2) The committees referred to in paragraph (1) are--
(A) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(B) the Permanent Select Committee on Intelligence and the
Committee on National Security of the House of Representatives.
(d) Effective Date.--Subsection (a) shall take effect at the end of
the 120-day period beginning on the date of the enactment of this Act.
Attest:
Clerk.