[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1009 Placed on Calendar Senate (PCS)]
Calendar No. 108
106th CONGRESS
1st Session
S. 1009
[Report No. 106-48]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
May 11, 1999
Read twice and placed on the calendar
Calendar No. 108
106th CONGRESS
1st Session
S. 1009
[Report No. 106-48]
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 1999
Mr. Shelby, from the Select Committee on Intelligence, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
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.
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 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. 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.
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 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. COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Community Management Account of the Director of
Central Intelligence for fiscal year 2000 the sum of $171,700,000.
(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''.
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)''.