[Congressional Record Volume 145, Number 104 (Wednesday, July 21, 1999)]
[Senate]
[Pages S8933-S8939]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2000--Continued

  Mr. SHELBY. Mr. President, I ask unanimous consent that it now be in 
order to offer a substitute amendment which consists of the committee-
reported bill, S. 1009; a managers' package of amendments; and all 
previously agreed to amendments.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 1270

  Mr. SHELBY. Mr. President, I send the substitute amendment to the 
desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Alabama [Mr. Shelby], for himself and Mr. 
     Kerrey, proposes an amendment numbered 1270.

  Mr. SHELBY. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The text of the amendment is printed in today's Record under 
``Amendments Submitted.'')
  Mr. SHELBY. Mr. President, I want to inform Members of the Senate 
that the order of sentences in amendment No. 1258 does not reflect a 
meeting of the minds of Senators involved, and we have discussed it 
among them. That will have to be brought to the attention of the 
conferees for resolution.
  I ask unanimous consent that the substitute be agreed to, the bill be 
read the third time, and passed, and the motion to reconsider be laid 
upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 1270) was agreed to.
  The bill (H.R. 1555), as amended, was read the third time, and 
passed, as follows:

       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

[[Page S8934]]

     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:

[[Page S8935]]

       (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

[[Page S8936]]

       (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.

[[Page S8937]]

       (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

[[Page S8938]]

     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

[[Page S8939]]

     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.''.

  Mr. SHELBY. Mr. President, I ask consent that the Senate insist on 
its amendment, request a conference with the House, and the Chair be 
authorized to appoint conferees on the part of the Senate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The PRESIDING OFFICER (Mr. Abraham) appointed Mr. Shelby, Mr. Chafee, 
Mr. Lugar, Mr. DeWine, Mr. Kyl, Mr. Inhofe, Mr. Hatch, Mr. Roberts, Mr. 
Allard, Mr. Warner, Mr. Kerrey of Nebraska, Mr. Bryan, Mr. Graham of 
Florida, Mr. Kerry of Massachusetts, Mr. Baucus, Mr. Robb, Mr. 
Lautenberg, and Mr. Levin; from the Committee on Armed Services, Mr. 
Warner, conferees on the part of the Senate.
  Mr. SHELBY. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. LEAHY. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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