[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1555 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                         July 21, 1999.
      Resolved, That the bill from the House of Representatives (H.R. 
1555) entitled ``An Act to authorize appropriations for fiscal year 
2000 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 out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 2000''.
    (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. Intelligence 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. Extension of application of sanctions laws to intelligence 
                            activities.
Sec. 304. Access to computers and computer data of executive branch 
                            employees with access to classified 
                            information.
Sec. 305. Naturalization of certain persons affiliated with a Communist 
                            or similar party.
Sec. 306. Funding for infrastructure and quality of life improvements 
                            at Menwith Hill and Bad Aibling stations.
Sec. 307. Technical amendment.
Sec. 308. Sense of the Congress on classification and declassification.
Sec. 309. Declassification of intelligence estimate on Vietnam-era 
                            prisoners of war and missing in action 
                            personnel and critical assessment of 
                            estimate.
Sec. 310. Submittal to Congress of lists on classified information 
                            regarding unrecovered United States 
                            prisoners of war and other personnel.
Sec. 311. Study of background checks for employees of the Department of 
                            Energy.
Sec. 312. Report on legal standards applied for electronic 
                            surveillance.

                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

Sec. 401. Improvement and extension of central services program.
Sec. 402. Extension of CIA Voluntary Separation Pay Act.

         TITLE V--DEPARTMENT OF ENERGY INTELLIGENCE ACTIVITIES

Sec. 501. Short title.
Sec. 502. Moratorium on foreign visitors program.
Sec. 503. Background checks on all foreign visitors to national 
                            laboratories.
Sec. 504. Report to Congress.
Sec. 505. Definitions.

   TITLE VI--FOREIGN COUNTERINTELLIGENCE AND INTERNATIONAL TERRORISM 
                             INVESTIGATIONS

Sec. 601. Expansion of definition of ``agent of a foreign power'' for 
                            purposes of the Foreign Intelligence 
                            Surveillance Act of 1978.
Sec. 602. Federal Bureau of Investigation reports to other executive 
                            agencies on results of counterintelligence 
                            activities.

       TITLE VII--BLOCKING ASSETS OF MAJOR NARCOTICS TRAFFICKERS

Sec. 701. Finding and policy.
Sec. 702. Purpose.
Sec. 703. Designation of certain foreign international narcotics 
                            traffickers.
Sec. 704. Blocking assets.
Sec. 705. Denial of visas to and inadmissibility of specially 
                            designated narcotics traffickers.

 TITLE VIII--COMMISSION TO ASSESS THE BALLISTIC MISSILE THREAT TO THE 
                           RUSSIAN FEDERATION

Sec. 801. Establishment of commission.
Sec. 802. Duties of commission.
Sec. 803. Report.
Sec. 804. Powers.
Sec. 805. Commission procedures.
Sec. 806. Personnel matters.

                TITLE IX--AGENCY FOR NUCLEAR STEWARDSHIP

Sec. 901. Department of Energy Nuclear Security.

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2000 
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, 2000, 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 Sixth 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 2000 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. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Intelligence Community Management Account of the 
Director of Central Intelligence for fiscal year 2000 the sum of 
$193,572,000. The Information Security Oversight Office, charged with 
administering this Nation's intelligence classification and 
declassification programs shall receive $1,500,000 of these funds to 
allow it to hire more staff so that it can more efficiently manage 
these programs.
    (b) Authorized Personnel Levels.--The elements within the Community 
Management Account of the Director of Central Intelligence are 
authorized a total of 353 full-time personnel as of September 30, 2000. 
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 2000 such additional amounts as are specified in 
        the classified Schedule of Authorizations referred to in 
        section 102(a). Such additional amounts shall remain available 
        until September 30, 2001.
            (2) Authorization of personnel.--In addition to the 
        personnel authorized by subsection (b) for elements of the 
        Community Management Account as of September 30, 2000, there is 
        hereby 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 (50 U.S.C. 404h), during fiscal year 
2000, 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 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), $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, 2001, and 
        funds provided for procurement purposes shall remain available 
        until September 30, 2002.
            (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 activities of the 
        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.

 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 2000 the sum of 
$209,100,000.

                     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. 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 ``January 6, 2000'' and inserting ``January 6, 
2001''.

SEC. 304. ACCESS TO COMPUTERS AND COMPUTER DATA OF EXECUTIVE BRANCH 
              EMPLOYEES WITH ACCESS TO CLASSIFIED INFORMATION.

    (a) Access.--Section 801(a)(3) of the National Security Act of 1947 
(50 U.S.C. 435(a)(3)) is amended by striking ``and travel records'' and 
inserting ``travel records, and computers used in the performance of 
government duties''.
    (b) Computer Defined.--Section 804 of that Act (50 U.S.C. 438) is 
amended--
            (1) by striking ``and'' at the end of paragraph (6);
            (2) by striking the period at the end of paragraph (7) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(8) the term `computer' means any electronic, magnetic, 
        optical, electrochemical, or other high speed data processing 
        device performing logical, arithmetic, or storage functions, 
        and includes any data storage facility or communications 
        facility directly related to or operating in conjunction with 
        such device and any data or other information stored or 
        contained in such device.''.
    (c) Applicability.--The President shall modify the procedures 
required by section 801(a)(3) of the National Security Act of 1947 to 
take into account the amendment to that section made by subsection (a) 
of this section not later than 90 days after the date of the enactment 
of this Act.

SEC. 305. NATURALIZATION OF CERTAIN PERSONS AFFILIATED WITH A COMMUNIST 
              OR SIMILAR PARTY.

    Section 313 of the Immigration and Nationality Act (8 U.S.C. 1424) 
is amended by adding at the end the following:
    ``(e) A person may be naturalized under this title without regard 
to the prohibitions in subsections (a)(2) and (c) of this section, if 
the person--
            ``(1) is otherwise eligible for naturalization;
            ``(2) is within the class described in subsection (a)(2) 
        solely because of past membership in, or past affiliation with, 
        a party or organization described in that subsection;
            ``(3) does not fall within any other of the classes 
        described in that subsection; and
            ``(4) is jointly determined by the Director of Central 
        Intelligence, the Attorney General, and the Commissioner of 
        Immigration and Naturalization to have made a contribution to 
        the national security or to the national intelligence mission 
        of the United States.''.

SEC. 306. 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), as amended by section 502 
of the Intelligence Authorization Act for Fiscal Year 1998 (Public Law 
105-107; 111 Stat. 2262), is further amended by striking ``for fiscal 
years 1998 and 1999'' and inserting ``for fiscal years 2000 and 2001''.

SEC. 307. TECHNICAL AMENDMENT.

    Section 305(b)(2) of the Intelligence Authorization Act for Fiscal 
Year 1997 (Public Law 104-293, 110 Stat. 3465; 8 U.S.C. 1427 note) is 
amended by striking ``subparagraph (A), (B), (C), or (D) of section 
243(h)(2) of such Act'' and inserting ``clauses (i) through (iv) of 
section 241(b)(3)(B) of such Act''.

SEC. 308. SENSE OF THE CONGRESS ON CLASSIFICATION AND DECLASSIFICATION.

    It is the sense of Congress that the systematic declassification of 
records of permanent historic value is in the public interest and that 
the management of classification and declassification by Executive 
Branch agencies requires comprehensive reform and additional resources.

SEC. 309. DECLASSIFICATION OF INTELLIGENCE ESTIMATE ON VIETNAM-ERA 
              PRISONERS OF WAR AND MISSING IN ACTION PERSONNEL AND 
              CRITICAL ASSESSMENT OF ESTIMATE.

    (a) Declassification.--Subject to subsection (b), the Director of 
Central Intelligence shall declassify the following:
            (1) National Intelligence Estimate 98-03 dated April 1998 
        and entitled ``Vietnamese Intentions, Capabilities, and 
        Performance Concerning the POW/MIA Issue''.
            (2) The assessment dated November 1998 and entitled ``A 
        Critical Assessment of National Intelligence Estimate 98-03 
        prepared by the United States Chairman of the Vietnam War 
        Working Group of the United States-Russia Joint Commission on 
        POWs and MIAs''.
    (b) Limitations.--The Director shall not declassify any text 
contained in the estimate or assessment referred to in subsection (a) 
which would--
            (1) reveal intelligence sources and methods; or
            (2) disclose by name the identity of a living foreign 
        individual who has cooperated with United States efforts to 
        account for missing personnel from the Vietnam era.
    (c) Deadline.--The Director shall declassify the estimate and 
assessment referred to in subsection (a) not later than 30 days after 
the date of the enactment of this Act.

 SEC. 310. SUBMITTAL TO CONGRESS OF LISTS ON CLASSIFIED INFORMATION 
              REGARDING UNRECOVERED UNITED STATES PRISONERS OF WAR AND 
              OTHER PERSONNEL.

    (a) Requirement.--(1) The head of each element of the United States 
Government listed in section 101 shall submit to the designated 
congressional committees a list of all classified documents, files, and 
other materials under the control of such element that pertain to the 
subject of United States prisoners of war, missing in action personnel, 
or killed in action personnel whose remains have not been recovered and 
identified.
    (2) Each list submitted under paragraph (1) shall--
            (A) for each document, file, or other material contained in 
        the list--
                    (i) specify the date of the preparation or 
                dissemination of the document, file, or material;
                    (ii) specify the date or dates of any information 
                contained in the document, file, or material; and
                    (iii) identify the subject matter of the document, 
                file, or material; and
            (B) be organized in chronological order according to the 
        date of the preparation or dissemination of the documents, 
        files, or materials concerned.
    (b) Deadline.--The lists required by subsection (a) shall be 
submitted not later than 120 days after the date of the enactment of 
this Act.
    (c) Access by Committees and Members of Congress.--A designated 
congressional committee shall, upon request and in accordance with 
regulations of the committee regarding protection of classified 
information, make available any list submitted to the committee under 
subsection (a) to any Member of Congress or committee of Congress, and 
to any staff member of a Member of Congress or committee of Congress 
who possesses a security clearance appropriate for access to the list.
    (d) Designated Congressional Committee Defined.--In this section, 
the term ``designated congressional committee'' means the following:
            (1) The Committee on Armed Services and the Select 
        Committee on Intelligence of the Senate.
            (2) The Committee on Armed Services and the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives.

SEC. 311. STUDY OF BACKGROUND CHECKS FOR EMPLOYEES OF THE DEPARTMENT OF 
              ENERGY.

    (a) Study of Background Check Practices.--The Secretary of Energy 
shall conduct a study comparing the procedures used by the Department 
for conducting background checks of employees seeking access to 
classified information with the procedures used by the Central 
Intelligence Agency, the National Security Agency, the Federal Bureau 
of Investigation, and other similar departments and agencies of the 
Federal Government for conducting background checks of such employees.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Energy shall submit to Congress 
a report on the study conducted under subsection (a). The report shall 
include--
            (1) a discussion of the adequacy of the procedures used by 
        the Department for conducting background checks of employees 
        seeking access to classified information in light of the 
        comparison required under the study; and
            (2) any other recommendations, including recommendations 
        for legislative action, that the Secretary considers 
        appropriate.

SEC. 312. REPORT ON LEGAL STANDARDS APPLIED FOR ELECTRONIC 
              SURVEILLANCE.

    (a) Report.--Not later than 60 days after the date of the enactment 
of this Act, the Director of Central Intelligence, the Director of the 
National Security Agency, and the Attorney General shall jointly 
prepare, and the Director of the National Security Agency shall submit 
to the appropriate congressional committees a report in classified and 
unclassified form describing the legal standards employed by elements 
of the intelligence community in conducting signals intelligence 
activities, including electronic surveillance.
    (b) Matters Specifically Addressed.--The report shall specifically 
include a statement of each of the following legal standards:
            (1) The legal standards for interception of communications 
        when such interception may result in the acquisition of 
        information from a communication to or from United States 
        persons.
            (2) The legal standards for intentional targeting of the 
        communications to or from United States persons.
            (3) The legal standards for receipt from non-United States 
        sources of information pertaining to communications to or from 
        United States persons.
            (4) The legal standards for dissemination of information 
        acquired through the interception of the communications to or 
        from United States persons.
    (c) Definition.--As used in this section:
            (1) The term ``intelligence community'' has the meaning 
        given that term under section 3(4) of the National Security Act 
        of 1947 (50 U.S.C. 401a(4)).
            (2) The term ``United States persons'' has the meaning 
        given such term under section 101(i) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(i)).
            (3) The term ``appropriate congressional committees'' means 
        the Permanent Select Committee on Intelligence and the 
        Committee on the Judiciary of the House of Representatives, and 
        the Select Committee on Intelligence and the Committee on the 
        Judiciary of the Senate.

                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

SEC. 401. IMPROVEMENT AND EXTENSION OF CENTRAL SERVICES PROGRAM.

    (a) Scope of Provision of Items and Services.--Subsection (a) of 
section 21 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
403u) is amended by striking ``and to other'' and inserting ``, 
nonappropriated fund entities or instrumentalities associated or 
affiliated with the Agency, and other''.
    (b) Deposits in Central Services Working Capital Fund.--Subsection 
(c)(2) of that section is amended--
            (1) by amending subparagraph (D) to read as follows:
            ``(D) Amounts received in payment for loss or damage to 
        equipment or property of a central service provider as a result 
        of activities under the program.'';
            (2) by redesignating subparagraph (E) as subparagraph (F); 
        and
            (3) by inserting after subparagraph (D), as so amended, the 
        following new subparagraph (E):
            ``(E) Other receipts from the sale or exchange of equipment 
        or property of a central service provider as a result of 
        activities under the program.''.
    (c) Availability of Fees.--Section (f)(2)(A) of that section is 
amended by inserting ``central service providers and any'' before 
``elements of the Agency''.
    (d) Extension of Program.--Subsection (h)(1) of that section is 
amended by striking ``March 31, 2000'' and inserting ``March 31, 
2005''.

SEC. 402. EXTENSION OF CIA VOLUNTARY SEPARATION PAY ACT.

    (a) Extension of Authority.--Section 2(f) of the Central 
Intelligence Agency Voluntary Separation Pay Act (50 U.S.C. 403-4 note) 
is amended by striking ``September 30, 1999'' and inserting ``September 
30, 2000''.
    (b) Remittance of Funds.--Section 2(i) of that Act is amended by 
striking ``or fiscal year 1999'' and inserting ``, 1999, or 2000''.

         TITLE V--DEPARTMENT OF ENERGY INTELLIGENCE ACTIVITIES

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Department of Energy Sensitive 
Country Foreign Visitors Moratorium Act of 1999''.

SEC. 502. MORATORIUM ON FOREIGN VISITORS PROGRAM.

    (a) Moratorium.--The Secretary of Energy may not admit to any 
classified facility of a national laboratory any individual who is a 
citizen of a nation that is named on the current Department of Energy 
sensitive countries list.
    (b) Waiver Authority.--(1) The Secretary of Energy may waive the 
prohibition in subsection (a) on a case-by-case basis with respect to 
specific individuals whose admission to a national laboratory is 
determined by the Secretary to be necessary for the national security 
of the United States.
    (2) Not later than 30 days after granting a waiver under paragraph 
(1), the Secretary shall submit to committees referred to in paragraph 
(4) a report in writing regarding the waiver. The report shall identify 
each individual for whom such a waiver was granted and, with respect to 
each such individual, provide a detailed justification for the waiver 
and the Secretary's certification that the admission of that individual 
to a national laboratory is necessary for the national security of the 
United States.
    (3) The authority of the Secretary under paragraph (1) may not be 
delegated.
    (4) The committees referred to in this paragraph are the following:
            (A) The Committees on Armed Services, Appropriations, 
        Commerce, and Energy and Natural Resources and the Select 
        Committee on Intelligence of the Senate.
            (B) The Committees on Armed Services, Appropriations, 
        Commerce, and Resources and the Permanent Select Committee on 
        Intelligence of the House of Representatives.

SEC. 503. BACKGROUND CHECKS ON ALL FOREIGN VISITORS TO NATIONAL 
              LABORATORIES.

    Before an individual who is a citizen of a foreign nation is 
allowed to enter a national laboratory, the Secretary of Energy shall 
require that a security clearance investigation (known as a 
``background check'') be carried out on that individual.

SEC. 504. REPORT TO CONGRESS.

    (a) Report.--(1) The Director of Central Intelligence and the 
Director of the Federal Bureau of Investigation jointly shall submit to 
the committees referred to in subsection (c) a report on 
counterintelligence activities at the national laboratories, including 
facilities and areas at the national laboratories at which unclassified 
work is carried out.
    (2) The report shall include--
            (A) a description of the status of counterintelligence 
        activities at each of the national laboratories;
            (B) the net assessment produced under paragraph (3); and
            (C) a recommendation as to whether or not section 502 
        should be repealed.
    (3)(A) A net assessment of the foreign visitors program at the 
national laboratories shall be produced for purposes of the report 
under this subsection and included in the report under paragraph 
(2)(B).
    (B) The assessment shall be produced by a panel of individuals with 
expertise in intelligence, counterintelligence, and nuclear weapons 
design matters.
    (b) Deadline for Submittal.--The report required by subsection (a) 
shall be submitted not later than 90 days after the date of the 
enactment of this Act.
    (c) Committees.--The committees referred to in this subsection are 
the following:
            (1) The Committees on Armed Services and Appropriations and 
        the Select Committee on Intelligence of the Senate.
            (2) The Committees on Armed Services and Appropriations and 
        the Permanent Select Committee on Intelligence of the House of 
        Representatives.

SEC. 505. DEFINITIONS.

    In this title:
            (1) The term ``national laboratory'' means any of the 
        following:
                    (A) The Lawrence Livermore National Laboratory, 
                Livermore, California.
                    (B) The Los Alamos National Laboratory, Los Alamos, 
                New Mexico.
                    (C) The Sandia National Laboratories, Albuquerque, 
                New Mexico.
            (2) The term ``sensitive countries list'' means the list 
        prescribed by the Secretary of Energy known as the Department 
        of Energy List of Sensitive Countries.

   TITLE VI--FOREIGN COUNTERINTELLIGENCE AND INTERNATIONAL TERRORISM 
                             INVESTIGATIONS

SEC. 601. EXPANSION OF DEFINITION OF ``AGENT OF A FOREIGN POWER'' FOR 
              PURPOSES OF THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 
              1978.

    Section 101(b)(2) of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1801(b)(2)) is amended--
            (1) in subparagraph (C), by striking ``or'' at the end;
            (2) by redesignating subparagraph (D) as subparagraph (E); 
        and
            (3) by inserting after subparagraph (C) the following new 
        subparagraph (D):
                    ``(D) knowingly enters the United States under a 
                false or fraudulent identity for or on behalf of a 
                foreign power or, while in the United States, knowingly 
                assumes a false or fraudulent identity for or on behalf 
                of a foreign power; or''.

SEC. 602. FEDERAL BUREAU OF INVESTIGATION REPORTS TO OTHER EXECUTIVE 
              AGENCIES ON RESULTS OF COUNTERINTELLIGENCE ACTIVITIES.

    Section 811(c)(2) of the Counterintelligence and Security 
Enhancements Act of 1994 (title VIII of Public Law 103-359; 108 Stat. 
3455; 50 U.S.C. 402a(c)(2)) is amended by striking ``after a report has 
been provided pursuant to paragraph (1)(A)''.

       TITLE VII--BLOCKING ASSETS OF MAJOR NARCOTICS TRAFFICKERS

SEC. 701. FINDING AND POLICY.

    (a) Finding.--Congress makes the following findings:
            (1) Presidential Decision Directive 42, issued on October 
        21, 1995, ordered agencies of the executive branch of the 
        United States Government to, inter alia, increase the priority 
        and resources devoted to the direct and immediate threat 
        international crime presents to national security, work more 
        closely with other governments to develop a global response to 
        this threat, and use aggressively and creatively all legal 
        means available to combat international crime.
            (2) Executive Order No. 12978 of October 21, 1995, provides 
        for the use of the authorities in the International Emergency 
        Economic Powers Act (IEEPA) to target and sanction four 
        specially designated narcotics traffickers and their 
        organizations which operate from Colombia.
    (b) Policy.--It should be the policy of the United States to impose 
economic and other financial sanctions against foreign international 
narcotics traffickers and their organizations worldwide.

SEC. 702. PURPOSE.

    The purpose of this title is to provide for the use of the 
authorities in the International Emergency Economic Powers Act to 
sanction additional specially designated narcotics traffickers 
operating worldwide.

SEC. 703. DESIGNATION OF CERTAIN FOREIGN INTERNATIONAL NARCOTICS 
              TRAFFICKERS.

    (a) Preparation of List of Names.--Not later than January 1, 2000 
and not later than January 1 of each year thereafter, the Secretary of 
the Treasury, in consultation with the Attorney General, Director of 
Central Intelligence, Secretary of Defense, and Secretary of State, 
shall transmit to the President and to the Director of the Office of 
National Drug Control Policy a list of those individuals who play a 
significant role in international narcotics trafficking as of that 
date.
    (b) Exclusion of Certain Persons From List.--
            (1) In general.--Notwithstanding any other provision of 
        this section, the list described in subsection (a) shall not 
        include the name of any individual if the Director of Central 
        Intelligence determines that the disclosure of that person's 
        role in international narcotics trafficking could compromise 
        United States intelligence sources or methods. The Director of 
        Central Intelligence shall advise the President when a 
        determination is made to withhold an individual's identity 
        under this subsection.
            (2) Reports.--In each case in which the Director of Central 
        Intelligence has made a determination under paragraph (1), the 
        President shall submit a report in classified form to the 
        Select Committee on Intelligence of the Senate and the 
        Permanent Select Committee on Intelligence of the House of 
        Represent setting forth the reasons for the determination.
    (d) Designation of Individuals as Threats to the United States.--
The President shall determine not later than March 1 of each year 
whether or not to designate persons on the list transmitted to the 
President that year as persons constituting an unusual and 
extraordinary threat to the national security, foreign policy, and 
economy of the United States. The President shall notify the Secretary 
of the Treasury of any person designated under this subsection. If the 
President determines not to designate any person on such list as such a 
threat, the President shall submit a report to Congress setting forth 
the reasons therefore.
    (e) Changes in Designations of Individuals.--
            (1) Additional Individuals Designated.--If at any time 
        after March 1 of a year, but prior to January 1 of the 
        following year, the President determines that a person is 
        playing a significant role in international narcotics 
        trafficking and has not been designated under subsection (d) as 
        a person constituting an unusual and extraordinary threat to 
        the national security, foreign policy, and economy of the 
        United States, the President may so designate the person. The 
        President shall notify the Secretary of the Treasury of any 
        person designated under this paragraph.
            (2) Removal of Designations of Individuals.--Whenever the 
        President determines that a person designated under subsection 
        (d) or paragraph (1) of this subsection no longer poses an 
        unusual and extraordinary threat to the national security, 
        foreign policy, and economy of the United States, the person 
        shall no longer be considered as designated under that 
        subsection.
    (f) References.--Any person designated under subsection (d) or (e) 
may be referred to in this Act as a ``specially designated narcotics 
trafficker''.

SEC. 704. BLOCKING ASSETS.

    (a) Finding.--Congress finds that a national emergency exists with 
respect to any individual who is a specially designated narcotics 
trafficker.
    (b) Blocking of Assets.--Except to the extent provided in section 
203(b) of the International Emergency Economic Powers Act (50 U.S.C. 
1702(b)) and in regulations, orders, directives, or licenses that may 
be issued pursuant to this Act, and notwithstanding any contract 
entered into or any license or permit granted prior to the date of 
designation of a person as a specially designated narcotics trafficker, 
there are hereby blocked all property and interests in property that 
are, or after that date come, within the United States, or that are, or 
after that date come, within the possession or control of any United 
States person, of--
            (1) any specially designated narcotics trafficker;
            (2) any person who materially and knowingly assists in, 
        provides financial or technological support for, or provides 
        goods or services in support of, the narcotics trafficking 
        activities of a specially designated narcotics trafficker; and
            (3) any person determined by the Secretary of the Treasury, 
        in consultation with the Attorney General, Director of Central 
        Intelligence, Secretary of Defense, and Secretary of State, to 
        be owned or controlled by, or to act for or on behalf of, a 
        specially designated narcotics trafficker.
    (c) Prohibited Acts.--Except to the extent provided in section 
203(b) of the International Emergency Economic Powers Act or in any 
regulation, order, directive, or license that may be issued pursuant to 
this Act, and notwithstanding any contract entered into or any license 
or permit granted prior to the effective date, the following acts are 
prohibited:
            (1) Any transaction or dealing by a United States person, 
        or within the United States, in property or interests in 
        property of any specially designated narcotics trafficker.
            (2) Any transaction or dealing by a United States person, 
        or within the United States, that evades or avoids, has the 
        purpose of evading or avoiding, or attempts to violate, 
        subsection (b).
    (d) Law Enforcement and Intelligence Activities Not Affected.--
Nothing in this section is intended to prohibit or otherwise limit the 
authorized law enforcement or intelligence activities of the United 
States, or the law enforcement activities of any State or subdivision 
thereof.
    (e) Implementation.--The Secretary of the Treasury, in consultation 
with the Attorney General, Director of Central Intelligence, Secretary 
of Defense, and Secretary of State, is authorized to take such actions, 
including the promulgation of rules and regulations, and to employ all 
powers granted to the President by the International Emergency Economic 
Powers Act as may be necessary to carry out this section. The Secretary 
of the Treasury may redelegate any of these functions to any other 
officer or agency of the United States Government. Each agency of the 
United States shall take all appropriate measures within its authority 
to carry out this section.
    (f) Enforcement.--Violations of licenses, orders, or regulations 
under this Act shall be subject to the same civil or criminal penalties 
as are provided by section 206 of the International Emergency Economic 
Powers Act (50 U.S.C. 1705) for violations of licenses, orders, and 
regulations under that Act.
    (g) Definitions.--In this section:
            (1) Entity.--The term ``entity'' means a partnership, 
        association, corporation, or other organization, group or 
        subgroup.
            (2) Narcotics trafficking.--The term ``narcotics 
        trafficking'' means any activity undertaken illicitly to 
        cultivate, produce, manufacture, distribute, sell, finance, or 
        transport, or otherwise assist, abet, conspire, or collude with 
        others in illicit activities relating to, narcotic drugs, 
        including, but not limited to, heroin, methamphetamine and 
        cocaine.
            (3) Person.--The term ``person'' means an individual or 
        entity.
            (4) United states person.--The term ``United States 
        person'' means any United States citizen or national, permanent 
        resident alien, entity organized under the laws of the United 
        States (including foreign branches), or any person in the 
        United States.

SEC. 705. DENIAL OF VISAS TO AND INADMISSIBILITY OF SPECIALLY 
              DESIGNATED NARCOTICS TRAFFICKERS.

    (a) Prohibition.--The Secretary of State shall deny a visa to, and 
the Attorney General may not admit to the United States--
            (1) any specially designated narcotics trafficker; or
            (2) any alien who the consular officer or the Attorney 
        General knows or has reason to believe--
                    (A) is a spouse or minor child of a specially 
                designated narcotics trafficker; or
                    (B) is a person described in paragraph (2) or (3) 
                of section 704(b).
    (b) Exceptions.--Subsection (a) shall not apply--
            (1) where the Secretary of State finds, on a case-by-case 
        basis, that the entry into the United States of the person is 
        necessary for medical reasons;
            (2) upon the request of the Attorney General, Director of 
        Central Intelligence, Secretary of the Treasury, or the 
        Secretary of Defense; or
            (3) for purposes of the prosecution of a specially 
        designated narcotics trafficker.

 TITLE VIII--COMMISSION TO ASSESS THE BALLISTIC MISSILE THREAT TO THE 
                           RUSSIAN FEDERATION

SEC. 801. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is hereby established a commission to be 
known as the ``Commission to Assess the Ballistic Missile Threat to the 
Russian Federation'' (hereinafter in this title referred to as the 
``Commission'').
    (b) Composition.--The Commission shall be composed of nine members 
appointed by the Director of Central Intelligence. In selecting 
individuals for appointment to the Commission, the Director should 
consult with--
            (1) the Speaker of the House of Representatives concerning 
        the appointment of three of the members of the Commission;
            (2) the majority leader of the Senate concerning the 
        appointment of three of the members of the Commission; and
            (3) the minority leader of the House of Representatives and 
        the minority leader of the Senate concerning the appointment of 
        three of the members of the Commission.
    (c) Qualifications.--Members of the Commission shall be appointed 
from among private United States citizens with knowledge and expertise 
in the political and military aspects of proliferation of ballistic 
missiles and the ballistic missile threat to the Russian Federation.
    (d) Chairman.--The Speaker of the House of Representatives, after 
consultation with the majority leader of the Senate and the minority 
leaders of the House of Representatives and the Senate, shall designate 
one of the members of the Commission to serve as chairman of the 
Commission.
    (e) Period of Appointment; Vacancies.--Members shall be appointed 
for the life of the Commission. Any vacancy in the Commission shall be 
filled in the same manner as the original appointment.
    (f) Security Clearances.--All members of the Commission shall hold 
appropriate security clearances.
    (g) Initial Organization Requirements.--(1) All appointments to the 
Commission shall be made not later than 45 days after the date of the 
enactment of this Act.
    (2) The Commission shall convene its first meeting not later than 
30 days after the date as of which all members of the Commission have 
been appointed, but not earlier than October 15, 1999.

SEC. 802. DUTIES OF COMMISSION.

    (a) Review of Ballistic Missile Threat.--The Commission shall 
assess the nature and magnitude of the existing and emerging ballistic 
missile threat to the Russian Federation.
    (b) Cooperation from Government Officials.--In carrying out its 
duties, the Commission should receive the full and timely cooperation 
of the Secretary of Defense, the Director of Central Intelligence, and 
any other United States Government official responsible for providing 
the Commission with analyses, briefings, and other information 
necessary for the fulfillment of its responsibilities.

SEC. 803. REPORT.

    The Commission shall, not later than six months after the date of 
its first meeting, submit to Congress a report on its findings and 
conclusions.

SEC. 804. POWERS.

    (a) Hearings.--The Commission or, at its direction, any panel or 
member of the Commission, may, for the purpose of carrying out the 
provisions of this title, hold hearings, sit and act at times and 
places, take testimony, receive evidence, and administer oaths to the 
extent that the Commission or any panel or member considers advisable.
    (b) Information.--The Commission may secure directly from the 
Department of Defense, the Central Intelligence Agency, and any other 
Federal department or agency information that the Commission considers 
necessary to enable the Commission to carry out its responsibilities 
under this title.

SEC. 805. COMMISSION PROCEDURES.

    (a) Meetings.--The Commission shall meet at the call of the 
Chairman.
    (b) Quorum.--(1) Five members of the Commission shall constitute a 
quorum other than for the purpose of holding hearings.
    (2) The Commission shall act by resolution agreed to by a majority 
of the members of the Commission.
    (c) Commission.--The Commission may establish panels composed of 
less than full membership of the Commission for the purpose of carrying 
out the Commission's duties. The actions of each such panel shall be 
subject to the review and control of the Commission. Any findings and 
determinations made by such a panel shall not be considered the 
findings and determinations of the Commission unless approved by the 
Commission.
    (d) Authority of Individuals To Act for Commission.--Any member or 
agent of the Commission may, if authorized by the Commission, take any 
action which the Commission is authorized to take under this title.

SEC. 806. PERSONNEL MATTERS.

    (a) Pay of Members.--Members of the Commission shall serve without 
pay by reason of their work on the Commission.
    (b) Travel Expenses.--The members of the Commission shall be 
allowed travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while away from their homes 
or regular places of business in the performance of services for the 
Commission.
    (c) Staff.--(1) The chairman of the Commission may, without regard 
to the provisions of title 5, United States Code, governing 
appointments in the competitive service, appoint a staff director and 
such additional personnel as may be necessary to enable the Commission 
to perform its duties. The appointment of a staff director shall be 
subject to the approval of the Commission.
    (2) The chairman of the Commission may fix the pay of the staff 
director and other personnel without regard to the provisions of 
chapter 51 and subchapter III of chapter 53 of title 5, United States 
Code, relating to classification of positions and General Schedule pay 
rates, except that the rate of pay fixed under this paragraph for the 
staff director may not exceed the rate payable for level V of the 
Executive Schedule under section 5316 of such title and the rate of pay 
for other personnel may not exceed the maximum rate payable for grade 
GS-15 of the General Schedule.
    (d) Detail of Government Employees.--Upon request of the chairman 
of the Commission, the head of any Federal department or agency may 
detail, on a nonreimbursable basis, any personnel of that department or 
agency to the Commission to assist it in carrying out its duties.
    (e) Procurement of Temporary and Intermittent Services.--The 
chairman of the Commission may procure temporary and intermittent 
services under section 3109(b) of title 5, United States Code, at rates 
for individuals which do not exceed the daily equivalent of the annual 
rate of basic pay payable for level V of the Executive Schedule under 
section 5316 of such title.

                TITLE IX--AGENCY FOR NUCLEAR STEWARDSHIP

SEC. 901. DEPARTMENT OF ENERGY NUCLEAR SECURITY.

    (a) Section 202(a) of the Department of Energy Organization Act 
(referred to in this section as the ``Act'') is amended by striking the 
second sentence and inserting ``The Secretary shall delegate to the 
Deputy Secretary such duties as the Secretary may prescribe unless such 
delegation is otherwise prohibited by law, and the Deputy Secretary 
shall act for and exercise the functions of the Secretary during the 
absence or disability of the Secretary or in the event the office of 
the Secretary becomes vacant.''.
    (b) Section 202(b) of the Act is amended by striking the first two 
sentences and inserting ``There shall be in the Department two Under 
Secretaries and a General Counsel, who shall be appointed by the 
President, by and with the advice and consent of the Senate. One Under 
Secretary shall be the Under Secretary for Nuclear Stewardship. The 
other Under Secretary shall bear primary responsibility for science, 
energy (including energy conservation), and environmental functions.''.
    (c) After section 212 of the Act add the following new section:

                    ``AGENCY FOR NUCLEAR STEWARDSHIP

    ``Sec. 213(a) There shall be within the Department a separately 
organized Agency for Nuclear Stewardship under the direction, 
authority, and control of the Secretary, to be headed by the Under 
Secretary for Nuclear Stewardship who shall also serve as Director of 
the Agency.
    ``(b) The Under Secretary for Nuclear Stewardship shall be a person 
who has an extensive background in national security, organizational 
management and appropriate technical fields, and is especially well 
qualified to manage the nuclear weapons, nonproliferation and fissile 
materials disposition programs of the Department in a manner that 
advances and protects the national security of the United States.
    ``(c) The Secretary shall be responsible for all policies of the 
Agency. The Under Secretary for Nuclear Stewardship shall report solely 
and directly to the Secretary and shall be subject to the supervision 
and direction of the Secretary. The Secretary shall have a staff 
adequate to fulfill the responsibility to set policies throughout the 
Department including establishing policies governing the Agency for 
Nuclear Stewardship. The Secretary's staff, including but not limited 
to the General Counsel and the Chief Financial Officer, shall assist 
the Secretary in the supervision of the development and implementation 
of policies set forth by the Secretary and shall advise the Secretary 
on the adequacy of such development and implementation. The Secretary 
may not delegate to any Department official, other than the Deputy 
Secretary, the duty to supervise or direct the Under Secretary for 
Nuclear Stewardship.
    ``(d) The Secretary may direct other officials of the Department 
who are not within the Agency for Nuclear Stewardship to review the 
Agency's programs and to make recommendations to the Secretary 
regarding the administration of such programs, including consistency 
with other similar programs and activities in the Department.
    ``(e) The Secretary shall assign to the Under Secretary for Nuclear 
Stewardship direct authority over and responsibility for--
            ``(1) all programs and activities of the Department related 
        to its national security functions, including nuclear weapons, 
        nonproliferation and fissile materials disposition; and
            ``(2) all activities at the Department's national security 
        laboratories, and nuclear weapons production facilities.
    ``(f) The Secretary shall assign to the Under Secretary for Nuclear 
Stewardship direct authority over and responsibility for all executive 
and administrative operations and functions of the Agency for Nuclear 
Stewardship (except for the authority and responsibility assigned to 
the Deputy Director for Naval Reactors), including but not limited to--
            ``(1) strategic management;
            ``(2) policy development and guidance;
            ``(3) budget formulation and guidance;
            ``(4) resource requirements determination and allocation;
            ``(5) program direction;
            ``(6) safeguards and security;
            ``(7) emergency management;
            ``(8) integrated safety management;
            ``(9) environment, safety, and health operations (except 
        those environmental remediation and nuclear waste management 
        activities and facilities that the Secretary determines are 
        best managed by other officials of the Department);
            ``(10) administration of contracts, including those for the 
        management and operation of the nuclear weapons production 
        facilities and the national security laboratories;
            ``(11) intelligence;
            ``(12) counterintelligence;
            ``(13) personnel, including their selection, appointment, 
        distribution, supervision, fixing of compensation, and 
        separation;
            ``(14) procurement of services of experts and consultants 
        in accordance with section 3109 of title 5, United States Code; 
        and
            ``(15) legal matters.
    ``(g) There shall be within the Agency three Deputy Directors, each 
of whom shall be appointed by the President, by and with the advice and 
consent of the Senate, who shall be compensated at the rate provided 
for at level IV of the Executive Schedule under section 5315 of title 5 
(except the Deputy Director for Naval Reactors when an active duty 
naval officer). There shall be a Deputy Director for each of the 
following functions--
            ``(1) defense programs;
            ``(2) nonproliferation and fissile materials disposition; 
        and
            ``(3) naval reactors.
    ``(h) The Deputy Director for Naval Reactors shall report to the 
Secretary of Energy through the Under Secretary for Nuclear Stewardship 
and have direct access to the Secretary and other senior officials of 
the Department, and shall be assigned the responsibilities, 
authorities, and accountability for all functions of the Office of 
Naval Reactors as described by the reference in section 1634 of Public 
Law 98-525. Except as specified in subsection (g) and this subsection, 
all other provisions described by the reference in section 1634 of 
Public Law 98-525 remain in full force until changed by law.
    ``(i) There shall be within the Agency three offices, each of which 
shall be administered by a Chief appointed by the Under Secretary for 
Nuclear Stewardship. There shall be a:
            ``(1) Chief of Nuclear Stewardship Counterintelligence, who 
        shall report to the Under Secretary and implement the 
        counterintelligence policies directed by the Secretary and 
        Under Secretary. The Chief of Nuclear Stewardship 
        Counterintelligence shall have direct access to the Secretary 
        and all other officials of the Department and its contractors 
        concerning counterintelligence matters and shall be responsible 
        for--
                    ``(A) the development and implementation of the 
                Agency's counterintelligence programs to prevent the 
                disclosure or loss of classified or other sensitive 
                information; and
                    ``(B) the development and administration of 
                personnel assurance programs within the Agency for 
                Nuclear Stewardship.
            ``(2) Chief of Nuclear Stewardship Security, who shall 
        report to the Under Secretary and shall implement the security 
        policies directed by the Secretary and Under Secretary. The 
        chief of Nuclear Stewardship Security shall have direct access 
        to the Secretary and all other officials of the Department and 
        its contractors concerning security matters and shall be 
        responsible for the development and implementation of security 
        programs for the Agency including the protection, control and 
        accounting of materials, and the physical and cybersecurity for 
        all facilities in the Agency.
            ``(3) Chief of Nuclear Stewardship Intelligence, who shall 
        be a senior executive service employee of the Agency or an 
        agency of the intelligence community who shall report to the 
        Under Secretary and shall have direct access to the Secretary 
        and all other officials of the Department and its contractors 
        concerning intelligence matters and shall be responsible for 
        all programs and activities of the Agency relating to the 
        analysis and assessment of intelligence with respect to foreign 
        nuclear weapons, materials, and other nuclear matters in 
        foreign nations.
    ``(j)(1) The Under Secretary shall, with the approval of the 
Secretary and the Director of the Federal Bureau of Investigation, 
designate the chief of Counterintelligence who shall have special 
expertise in counterintelligence.
    ``(2) If such person is a Federal employee of an entity other than 
the Agency, the service of such employee as Chief shall not result in 
any loss of employment status, right, or privilege by such employee.
    ``(k) All personnel of the Agency for Nuclear Stewardship, in 
carrying out any function of the Agency, shall be responsible to, and 
subject to the supervision and direction of, the Secretary and the 
Under Secretary for Nuclear Stewardship or his designee within the 
Agency, and shall not be responsible to, or subject to the supervision 
or direction of, any other officer, employee, or agent of any other 
part of the Department. Such supervision and direction of any Director 
or contract employee of a national security laboratory or of a nuclear 
weapons production facility shall not interfere with communication to 
the Department, the President, or Congress, of technical findings or 
technical assessments derived from, and in accord with, duly authorized 
activities. The Under Secretary for Nuclear Stewardship shall have 
responsibility and authority for, and may use, an appropriate field 
structure for the programs and activities of the Agency.
    ``(l) The Under Secretary for Nuclear Stewardship shall delegate 
responsibilities to the Deputy Directors except that the 
responsibilities, authorities and accountability of the Deputy Director 
for Naval Reactors are as described in subsection (h).
    ``(m) The Directors of the national security laboratories and the 
heads of the nuclear weapons production facilities and the Nevada Test 
Site shall report, consistent with their contractual obligations, 
directly to the Deputy Director for Defense Programs.
    ``(n) The Under Secretary for Nuclear Stewardship shall maintain 
within the Agency staff sufficient to implement the policies of the 
Secretary and Under Secretary for Nuclear Stewardship for the Agency. 
At a minimum these staff shall be responsible for--
            ``(1) personnel;
            ``(2) legal services; and
            ``(3) financial management.
    ``(o)(1) The Secretary shall ensure that other programs of the 
Department, other Federal agencies, and other appropriate entities 
continue to use the capabilities of the national security laboratories.
    ``(2) The Under Secretary, under the direction, authority, and 
control of the Secretary, shall, consistent with the effective 
discharge of the Agency's responsibilities, make the capabilities of 
the national security laboratories available to the entities in 
paragraph (1) in a manner that continues to provide direct programmatic 
control by such entities.
    ``(p)(1) Not later than March 1 of each year the Under Secretary 
for Nuclear Stewardship shall submit through the Secretary to the 
Director of Central Intelligence, the Director of the Federal Bureau of 
Investigation, the Senate and the House of Representatives, a report on 
the status and effectiveness of the security and counterintelligence 
programs of the Agency for Nuclear Stewardship during the preceding 
year.
    ``(2) The report shall provide information on--
            ``(A) the status and effectiveness of security and 
        counterintelligence programs at each nuclear weapons production 
        facility, national security laboratory, or any other facility 
        or institution at which classified nuclear weapons work is 
        performed;
            ``(B) the adequacy of procedures and policies for 
        protecting national security information at each nuclear 
        weapons production facility, national security laboratory, or 
        any other facility or institution at which classified nuclear 
        weapons work is performed;
            ``(C) whether each nuclear weapons production facility, 
        national security laboratory, or other facility or institution 
        at which classified nuclear weapons work is performed is in 
        full compliance with all security and counterintelligence 
        requirements, and if not what measures are being taken or are 
        in place to bring such facility, laboratory, or institution 
        into compliance;
            ``(D) any significant violation of law, rule, regulation, 
        or other requirement relating to security or 
        counterintelligence at each nuclear weapons production 
        facility, national security laboratory, or any other facility 
        or institution at which classified nuclear weapons work is 
        performed;
            ``(E) each foreign visitor or assignee, the national 
        security laboratory, nuclear weapons production facility, or 
        other facility or institution at which classified nuclear 
        weapons work is performed, visited, the purpose and 
        justification for the visit, the duration of the visit, whether 
        the visitor or assignee had access to classified or sensitive 
        information or facilities, and whether a background check was 
        performed on such visitor prior to such visit; and
            ``(F) such other matters and recommendations to Congress as 
        the Under Secretary deems appropriate.
    ``(3) Each report required by this subsection shall be submitted in 
unclassified form, but may include a classified annex.
    ``(4) Thirty days prior to the submission of the report required by 
subsection (p)(1), but in any event no later than February 1 of each 
year, the director of each Department of Energy national security 
laboratory and nuclear weapons production facility shall certify in 
writing to the Under Secretary for Nuclear Stewardship whether that 
laboratory or facility is in full compliance with all national security 
information protection requirements. If the laboratory or facility is 
not in full compliance, the director of the laboratory or facility 
shall report on why it is not in compliance, what measures are being 
taken to bring it into compliance, and when it will be in compliance.
    ``(q) The Under Secretary for Nuclear Stewardship shall keep the 
Secretary, the Committees on Armed Services of the Senate and House of 
Representatives, the Committee on Energy and Natural Resources of the 
Senate, the Committee on Governmental Affairs of the Senate, the 
Committee on Commerce of the House of Representatives, the Select 
Committee on Intelligence of the Senate, and the Permanent Select 
Committee on Intelligence of the House of Representatives fully and 
currently informed regarding any actual or potential significant threat 
to, or loss of, national security information, unless such information 
has already been reported to the Senate Select Committee on 
Intelligence and the House Permanent Select Committee on Intelligence 
pursuant to the National Security Act of 1947, as amended.
    ``(r) Personnel of the Agency for Nuclear Stewardship who have 
reason to believe that there is a problem, abuse, violation of law or 
executive order, or deficiency relating to the management of classified 
information shall promptly report such problem, abuse, violation, or 
deficiency to the Under Secretary for Nuclear Stewardship.
    ``(s)(1) The Under Secretary for Nuclear Stewardship shall not be 
required to obtain the approval of any officer or employee of the 
Department of Energy, except the Secretary, or any officer or employee 
of any other Federal agency or department for the preparation or 
delivery of any report required by this section.
    ``(2) No officer or employee of the Department of Energy or any 
other Federal agency or department may delay, deny, obstruct or 
otherwise interfere with the preparation of any report required by this 
section.
    ``(t) For purposes of this section--
            ``(1) the term `personnel of the Agency for Nuclear 
        Stewardship' means each officer or employee within the 
        Department of Energy, and any officer or employee of any 
        contractor of the Department (pursuant to the terms of the 
        contract), whose--
                    ``(A) responsibilities include carrying out a 
                function of the Agency for Nuclear Stewardship; or
                    ``(B) employment is funded primarily under the--
                            ``(i) Weapons Activities; or
                            ``(ii) Nonproliferation, Fissile Materials 
                        Disposition or Naval Reactors portions of the 
                        Other Defense Activities budget functions of 
                        the Department;
            ``(2) the term `nuclear weapons production facility' means 
        the following facilities--
                    ``(A) the Kansas City Plant, Kansas City, Missouri;
                    ``(B) the Pantex Plant, Amarillo, Texas;
                    ``(C) the Y-12 Plant, Oak Ridge, Tennessee;
                    ``(D) the tritium operations facilities at the 
                Savannah River Site, Aiken, South Carolina;
                    ``(E) the Nevada Test Site, Nevada; and
                    ``(F) any other facility the Secretary designates.
            ``(3) the term `national security laboratory' means the 
        following laboratories--
                    ``(A) the Los Alamos National Laboratory, Los 
                Alamos, New Mexico;
                    ``(B) the Lawrence Livermore National Laboratory, 
                Livermore, California; and
                    ``(C) the Sandia National Laboratories, 
                Albuquerque, New Mexico, and Livermore, California.
    ``(u) The Agency for Nuclear Stewardship shall comply with all 
applicable environmental, safety, and health statutes and substantive 
requirements. The Under Secretary for Nuclear Stewardship shall develop 
procedures for meeting such requirements. Nothing in this section shall 
diminish the authority of the Secretary to ascertain and ensure that 
such compliance occurs.
    ``(v) The Secretary shall be responsible for developing and 
promulgating departmental security, counterintelligence and 
intelligence policies, and may use his immediate staff to assist him in 
developing and promulgating such policies. The Under Secretary for 
Nuclear Stewardship is responsible for implementation of all security, 
counterintelligence and intelligence policies within the Agency for 
Nuclear Stewardship. The Under Secretary for Nuclear Stewardship may 
establish agency-specific policies unless disapproved by the Secretary.
    ``(w) In addition to any personnel occupying senior-level positions 
in the Department on the date of enactment of this section, there shall 
be within the Agency not more than 25 additional employees in senior-
level positions, as defined by title 5, United States Code, who shall 
be employed by the Agency for Nuclear Stewardship and who shall perform 
such functions as the Under Secretary for Nuclear Stewardship shall 
prescribe from time to time.''.
    (d) Within 180 days of the date of enactment of this Act, the 
Secretary shall report to the Senate and the House of Representatives 
on the adequacy of the Department's procedures and policies for 
protecting national security information, including national security 
information at the Department's laboratories, nuclear weapons 
facilities and other facilities, making such recommendations to 
Congress as may be appropriate.
    (e) The following technical and conforming amendments are made:
            (1) Section 5314 of title 5, United States Code, is amended 
        by striking ``Under Secretary, Department of Energy'' and 
        inserting ``Under Secretaries of Energy (2), one of whom serves 
        as the Director, Agency for Nuclear Stewardship''.
            (2) Section 202(b) of the Act is amended in the third 
        sentence by striking ``Under Secretary'' and inserting ``Under 
        Secretaries''.
            (3) Section 212 of the Act is amended by striking 
        subsection 212(b) and redesignating subsection 212(c) as 
        subsection 212(b).
            (4) Section 309 of the Act is amended by striking 
        ``Assistant Secretary to whom the Secretary has assigned the 
        functions listed in section 203(a)(2)(E)'' and inserting 
        ``Under Secretary for Nuclear Stewardship''.
            (5) The table of contents of the Act is amended by 
        inserting after the item relating to section 212 the following 
        new item:

``Sec. 213. Agency for Nuclear Stewardship.''.

            Attest:

                                                             Secretary.
106th CONGRESS

  1st Session

                               H. R. 1555

_______________________________________________________________________

                               AMENDMENT

HR 1555 EAS----2
HR 1555 EAS----3
HR 1555 EAS----4
HR 1555 EAS----5