[Congressional Record Volume 143, Number 79 (Monday, June 9, 1997)]
[Senate]
[Pages S5421-S5423]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SHELBY:
  S. 858. An original bill to authorize appropriations for fiscal year 
1998 for intelligence and intelligence-related activities of the United 
States Government, and Community Management Account, and the Central 
Intelligence Agency Retirement and Disability System, and for other 
purposes; from the Select Committee on Intelligence; placed on the 
calendar.


        the intelligence authorization act for fiscal year 1998

  Mr. SHELBY. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 858

       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.

[[Page S5422]]

     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

[[Page S5423]]

     of the Senate and the Permanent Select Committee on 
     Intelligence of the House of Representative 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.''.
                                 ______