[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 858 Referral Instructions Senate (RIS)]







105th CONGRESS
  1st Session
                                 S. 858

                          [Report No. 105-24]

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 9, 1997

  Mr. Shelby, from the Select Committee on Intelligence, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

                             June 16, 1997

   Referred to the Committee on Armed Services for 30 days of Senate 
 session as provided for in section 3(b) of S. Res. 400, 94th Congress

_______________________________________________________________________

                                 A BILL


 
 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.

    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 1998''.
    (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. Detail of intelligence community personnel.
Sec. 304. Extension of application of sanctions laws to intelligence 
                            activities.
Sec. 305. Administrative location of the Office of the Director of 
                            Central Intelligence.
Sec. 306. Encouragement of disclosure of certain information to 
                            Congress.
Sec. 307. Provision of information on violent crimes against United 
                            States citizens abroad to victims and 
                            victims' families.
Sec. 308. Standards for spelling of foreign names and places and for 
                            use of geographic coordinates.
                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

Sec. 401. Multiyear leasing authority.
Sec. 402. Subpoena authority for the Inspector General of the Central 
                            Intelligence Agency.
         TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

Sec. 501. Academic degrees in intelligence.
Sec. 502. Funding for infrastructure and quality of life improvements 
                            at Menwith Hill and Bad Aibling stations.
Sec. 503. Misuse of National Reconnaissance Office name, initials, or 
                            seal.

                    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 conference report on the bill 
____ of the One Hundred Fifth 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 the Director exercises the 
authority granted by this section.

SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

    (a) Authorization of Appropriations.--
            (1) Authorization.--There is authorized to be appropriated 
        for the Community Management Account of the Director of Central 
        Intelligence for fiscal year 1998 the sum of $90,580,000.
            (2) Availability of certain funds.--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 278 full-time personnel as of September 30, 1998. 
Personnel serving in such elements may be permanent employees of the 
Community Management Account element 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 1998 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, 1998, there is 
        hereby authorized such additional personnel for such elements 
        as of that date as is specified in the classified Schedule of 
        Authorizations.
            (3) Construction.--Authorizations in the classified 
        Schedule of Authorizations may not be construed to increase 
        authorizations of appropriations or personnel for the Community 
        Management Account except to the extent specified in the 
applicable paragraph of this subsection.
    (d) Reimbursement.--During fiscal year 1998, any officer or 
employee of the United States or member of the Armed Forces who is 
detailed to the staff of an element within 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 non-reimbursable basis for a 
period of less than one year for the performance of temporary functions 
as required by the Director of Central Intelligence.

 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. DETAIL OF INTELLIGENCE COMMUNITY PERSONNEL.

    (a) Detail.--
            (1) In general.--Notwithstanding any other provision of 
        law, the head of a department or agency having jurisdiction 
        over an element in the intelligence community or the head of an 
        element of the intelligence community may detail any employee 
        of the department, agency, or element to serve in any position 
        in the Intelligence Community Assignment Program.
            (2) Basis of detail.--
                    (A) In general.--Personnel may be detailed under 
                paragraph (1) on a reimbursable or nonreimbursable 
                basis.
                    (B) Period of nonreimbursable detail.--Personnel 
                detailed on a nonreimbursable basis shall be detailed 
                for such periods not to exceed three years as are 
                agreed upon between the heads of the departments or 
                agencies concerned. However, the heads of the 
                departments or agencies may provide for the extension 
                of a detail for not to exceed one year if the extension 
                is in the public interest.
    (b) Benefits, Allowances, and Incentives.--The department, agency, 
or element detailing personnel to the Intelligence Community Assignment 
Program under subsection (a) on a non-reimbursable basis may provide 
such personnel any salary, pay, retirement, or other benefits, 
allowances (including travel allowances), or incentives as are provided 
to other personnel of the department, agency, or element.
    (c) Effective Date.--This section shall take effect on June 1, 
1997.

SEC. 304. EXTENSION OF 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, 1998'' and inserting in lieu 
thereof ``January 6, 2001''.

SEC. 305. ADMINISTRATIVE LOCATION OF THE OFFICE OF THE DIRECTOR OF 
              CENTRAL INTELLIGENCE.

    Section 102(e) of the National Security Act of 1947 (50 U.S.C. 
403(e)) is amended by adding at the end the following:
    ``(4) The Office of the Director of Central Intelligence shall, for 
administrative purposes, be within the Central Intelligence Agency.''.

SEC. 306. ENCOURAGEMENT OF DISCLOSURE OF CERTAIN INFORMATION TO 
              CONGRESS.

    (a) Encouragement.--
            (1) In general.--Not later than 30 days after the date of 
        enactment of this Act, the President shall take appropriate 
        actions to inform the employees of the executive branch, and 
        employees of contractors carrying out activities under 
        classified contracts, that the disclosure of information 
        described in paragraph (2) to the committee of Congress having 
        oversight responsibility for the department, agency, or element 
        to which such information relates, or to the Members of 
        Congress who represent such employees, is not prohibited by 
        law, executive order, or regulation or otherwise contrary to 
        public policy.
            (2) Covered information.--Paragraph (1) applies to 
        information, including classified information, that an employee 
        reasonably believes to evidence--
                    (A) a violation of any law, rule, or regulation;
                    (B) a false statement to Congress on an issue of 
                material fact; or
                    (C) gross mismanagement, a gross waste of funds, an 
                abuse of authority, or a substantial and specific 
                danger to public health or safety.
    (b) Report.--On the date that is 30 days after the date of 
enactment of this Act, the President shall submit to Congress a report 
on the actions taken under subsection (a).

SEC. 307. PROVISION OF INFORMATION ON VIOLENT CRIMES AGAINST UNITED 
              STATES CITIZENS ABROAD TO VICTIMS AND VICTIMS' FAMILIES.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) it is in the national interests of the United States to 
        provide information regarding the murder or kidnapping of 
        United States citizens abroad to the victims, or the families 
        of victims, of such crimes; and
            (2) the provision of such information is sufficiently 
        important that the discharge of the responsibility for 
        identifying and disseminating such information should be vested 
        in a cabinet-level officer of the United States Government.
    (b) Responsibility.--The Secretary of State shall take appropriate 
actions to ensure that the United States Government takes all 
appropriate actions to--
            (1) identify promptly information (including classified 
        information) in the possession of the departments and agencies 
        of the United States Government regarding the murder or 
        kidnapping of United States citizens abroad; and
            (2) subject to subsection (c), make such information 
        available to the victims or, where appropriate, the families of 
        victims of such crimes.
    (c) Classified Information.--The Secretary shall work with the 
Director of Central Intelligence to ensure that classified information 
relevant to a crime covered by subsection (b) is promptly reviewed and, 
to the maximum extent practicable without jeopardizing sensitive 
sources and methods or other vital national security interests, made 
available under that subsection.

SEC. 308. STANDARDS FOR SPELLING OF FOREIGN NAMES AND PLACES AND FOR 
              USE OF GEOGRAPHIC COORDINATES.

    (a) Survey of Current Standards.--
            (1) Survey.--The Director of Central Intelligence shall 
        carry out a survey of current standards for the spelling of 
        foreign names and places, and the use of geographic coordinates 
        for such places, among the elements of the intelligence 
        community.
            (2) Report.--Not later than 90 days after the date of 
        enactment of this Act the Director shall submit to the 
        congressional intelligence committees a report on the survey 
        carried out under paragraph (1).
    (b) Guidelines.--
            (1) Issuance.--Not later than 180 days after the date of 
        enactment of this Act, the Director shall issue guidelines to 
        ensure the use of uniform spelling of foreign names and places 
        and the uniform use of geographic coordinates for such places. 
        The guidelines shall apply to all intelligence reports, 
        intelligence products, and intelligence databases prepared and 
utilized by the elements of the intelligence community.
            (2) Basis.--The guidelines under paragraph (1) shall, to 
        the maximum extent practicable, be based on current United 
        States Government standards for the transliteration of foreign 
        names, standards for foreign place names developed by the Board 
        on Geographic Names, and a standard set of geographic 
        coordinates.
            (3) Submittal to congress.--The Director shall submit a 
        copy of the guidelines to the congressional intelligence 
        committees.
    (c) Congressional Intelligence Committees Defined.--In this 
section, the term ``congressional intelligence committees'' means the 
following:
            (1) The Select Committee on Intelligence of the Senate.
            (2) The Permanent Select Committee on Intelligence of the 
        House of Representatives.

                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

SEC. 401. MULTIYEAR LEASING AUTHORITY.

    Section 5 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
403f) is amended--
            (1) in paragraph (e), by striking out ``without regard'' 
        and all that follows through the end and inserting in lieu 
        thereof a semicolon;
            (2) by redesignating paragraph (f) as paragraph (g); and
            (3) by inserting after paragraph (e) the following new 
        paragraph (f):
            ``(f) Notwithstanding section 1341(a)(1) of title 31, 
        United States Code, enter into multiyear leases for lease terms 
        of not to exceed 15 years, except that--
                    ``(1) any such lease shall be subject to the 
                availability of appropriations in an amount necessary 
                to cover--
                            ``(A) rental payments over the entire term 
                        of the lease; or
                            ``(B) rental payments over the first 12 
                        months of the term of the lease and the 
                        penalty, if any, payable in the event of the 
                        termination of the lease at the end of the 
                        first 12 months of the term; and
                    ``(2) if the Agency enters into a lease using the 
                authority in subparagraph (1)(B)--
                            ``(A) the lease shall include a clause that 
                        provides that the lease shall be terminated if 
                        specific appropriations available for the 
                        rental payments are not provided in advance of 
                        the obligation to make the rental payments;
                            ``(B) notwithstanding section 1552 of title 
                        31, United States Code, amounts obligated for 
                        paying costs associated with terminating the 
                        lease shall remain available until such costs 
                        are paid;
                            ``(C) amounts obligated for payment of 
                        costs associated with terminating the lease may 
                        be used instead to make rental payments under 
                        the lease, but only to the extent that such 
                        amounts are not required to pay such costs; and
                            ``(D) amounts available in a fiscal year to 
                        make rental payments under the lease shall be 
                        available for that purpose for not more than 12 
                        months commencing at any time during the fiscal 
                        year; and''.

SEC. 402. SUBPOENA AUTHORITY FOR THE INSPECTOR GENERAL OF THE CENTRAL 
              INTELLIGENCE AGENCY.

    (a) Authority.--Subsection (e) of section 17 of the Central 
Intelligence Agency Act of 1949 (50 U.S.C. 403q) is amended--
            (1) by redesignating paragraphs (5) through (7) as 
        paragraphs (6) through (8), respectively; and
            (2) by inserting after paragraph (4) the following new 
        paragraph (5):
    ``(5)(A) Except as provided in subparagraph (B), the Inspector 
General is authorized to require by subpoena the production of all 
information, documents, reports, answers, records, accounts, papers, 
and other data and documentary evidence necessary in the performance of 
the duties and responsibilities of the Inspector General.
    ``(B) In the case of Government agencies, the Inspector General 
shall obtain information, documents, reports, answers, records, 
accounts, papers, and other data and evidence for the purpose specified 
in subparagraph (A) using procedures other than subpoenas.
    ``(C) The Inspector General may not issue a subpoena for or on 
behalf of any other element or component of the Agency.
    ``(D) In the case of contumacy or refusal to obey a subpoena issued 
under this paragraph, the subpoena shall be enforceable by order of any 
appropriate district court of the United States.
    ``(E) Not later than January 31 and July 31 of each year, the 
Inspector General shall submit to the Select Committee on Intelligence 
of the Senate and the Permanent Select Committee on Intelligence of the 
House of Representatives a report of the Inspector General's exercise 
of authority under this paragraph during the preceding six months.''.
    (b) Limitation on Authority for Protection of National Security.--
Subsection (b)(3) of that section is amended by inserting ``, or from 
issuing any subpoena, after the Inspector General has decided to 
initiate, carry out, or complete such audit, inspection, or 
investigation or to issue such subpoena,'' after ``or investigation''.

         TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

SEC. 501. ACADEMIC DEGREES IN INTELLIGENCE.

    (a) In General.--Section 2161 of title 10, United States Code, is 
amended to read as follows:
``Sec. 2161. Joint Military Intelligence College: master of science in 
              strategic intelligence; bachelor of science in 
              intelligence
    ``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 the degree of 
master of science in strategic intelligence and the degree of bachelor 
of science in intelligence upon the graduates of the college who have 
fulfilled the requirements for such degree.''.
    (b) Conforming Amendment.--The item relating to section 2161 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: master of science in 
                            strategic intelligence; bachelor of science 
                            in intelligence.''.

SEC. 502. FUNDING FOR INFRASTRUCTURE AND QUALITY OF LIFE IMPROVEMENTS 
              AT MENWITH HILL AND BAD AIBLING STATIONS.

    Section 506(b) of the Intelligence Authorization Act for Fiscal 
Year 1996 (Public Law 104-93; 109 Stat. 974) is amended by striking out 
``for fiscal years 1996 and 1997'' and inserting in lieu thereof ``for 
fiscal years 1998 and 1999''.

SEC. 503. MISUSE OF NATIONAL RECONNAISSANCE OFFICE NAME, INITIALS, OR 
              SEAL.

    (a) In General.--Subchapter I of chapter 21 of title 10, United 
States Code, is amended by adding at the end the following:
``Sec. 426. Unauthorized use of National Reconnaissance Office name, 
              initials, or seal
    ``(a) Prohibited Acts.--Except with the joint written permission of 
the Secretary of Defense and the Director of Central Intelligence, 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 or the Director, any 
of the following:
            ``(1) The words `National Reconnaissance Office' or the 
        initials `NRO'.
            ``(2) The seal of the National Reconnaissance Office.
            ``(3) Any colorable imitation of such words, initials, or 
        seal.
    ``(b) Injunction.--(1) Whenever it appears to the Attorney General 
that any person is engaged or is about to engage in an act or practice 
which constitutes or will constitute conduct prohibited by subsection 
(a), the Attorney General may initiate a civil proceeding in a district 
court of the United States to enjoin such act or practice.
    ``(2) Such court shall proceed as soon as practicable to the 
hearing and determination of such action and may, at any time before 
final determination, enter such restraining orders or prohibitions, or 
take such other action as is warranted, to prevent injury to the United 
States or to any person or class of persons for whose protection the 
action is brought.''
    (b) Clerical Amendment.--The table of sections at the beginning of 
that subchapter is amended by adding at the end the following:

``426. Unauthorized use of National Reconnaissance Office name, 
                            initials, or seal.''.