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H.R. 1455 (102nd): Intelligence Authorization Act, Fiscal Year 1991

The text of the bill below is as of Aug 14, 1991 (Passed Congress).


H.R.1455

One Hundred Second Congress of the United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Thursday, the third day of January,

one thousand nine hundred and ninety-one

An Act

To authorize appropriations for fiscal year 1991 for intelligence activities of the United States Government, the Intelligence Community Staff, and the Central Intelligence Agency Retirement and Disability System, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Intelligence Authorization Act, Fiscal Year 1991’.

TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 1991 for the conduct of the intelligence 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.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

    (a) The amounts authorized to be appropriated under section 101, and the authorized personnel ceilings as of September 30, 1991, for the conduct of the intelligence activities of the elements listed in such section, are those specified in the classified Schedule of Authorizations prepared by the committee of conference to accompany H.R. 1455 of the One Hundred Second Congress.

    (b) The Schedule of Authorizations described in subsection (a) 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.

    The Director of Central Intelligence may authorize employment of civilian personnel in excess of the numbers authorized for fiscal year 1991 under sections 102 and 202 of this Act when he determines that such action is necessary for the performance of important intelligence functions, except that such number may not, for any element of the Intelligence Community, exceed 2 percent of the number of civilian personnel authorized under such sections for such element. 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 he exercises the authority granted by this section.

TITLE II--INTELLIGENCE COMMUNITY STAFF

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the Intelligence Community Staff for fiscal year 1991 the sum of $27,900,000, of which $6,580,000 shall be available for the Security Evaluation Office.

SEC. 202. AUTHORIZATION OF PERSONNEL END-STRENGTH.

    (a) AUTHORIZED PERSONNEL LEVEL- The Intelligence Community Staff is authorized 240 full-time personnel as of September 30, 1991, including 50 full-time personnel who are authorized to serve in the Security Evaluation Office. Such personnel of the Intelligence Community Staff may be permanent employees of the Intelligence Community Staff or personnel detailed from other elements of the United States Government.

    (b) REPRESENTATION OF INTELLIGENCE ELEMENTS- During fiscal year 1991, personnel of the Intelligence Community Staff shall be selected so as to provide appropriate representation from elements of the United States Government engaged in intelligence and intelligence-related activities.

    (c) REIMBURSEMENT- During fiscal year 1991, any officer or employee of the United States or a member of the Armed Forces who is detailed to the Intelligence Community Staff 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.

SEC. 203. INTELLIGENCE COMMUNITY STAFF ADMINISTERED IN SAME MANNER AS CENTRAL INTELLIGENCE AGENCY.

    During fiscal year 1991, activities and personnel of the Intelligence Community Staff shall be subject to the provisions of the National Security Act of 1947 (50 U.S.C. 401 et seq.) and the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) in the same manner as activities and personnel of the Central Intelligence Agency.

TITLE III--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM AND RELATED PROVISIONS

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 1991 the sum of $164,600,000.

SEC. 302. CIA FORMER SPOUSE QUALIFYING TIME.

    Section 204(b) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 note) is amended by inserting before the period at the end of paragraph (4) ‘during the participant’s service as an employee of the Central Intelligence Agency’.

SEC. 303. ELIMINATION OF 15-YEAR CAREER REVIEW FOR CERTAIN CIA EMPLOYEES.

    Section 203 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 note) is amended by striking out the second sentence and inserting in lieu thereof the following: ‘Any officer or employee who elects to accept designation as a participant entitled to the benefits of the system shall remain a participant of the system for the duration of his or her employment with the Agency. Such election shall be irrevocable except as and to the extent provided in section 301(d) of this Act and shall not be subject to review or approval by the Director.’.

SEC. 304. SURVIVOR ANNUITIES UNDER CIARDS FOR SPOUSES OF REMARRIED, RETIRED PARTICIPANTS.

    (a) CALCULATION OF REDUCTION IN ANNUITIES- Section 221(n) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 note) is amended by inserting ‘or elected under section 226(e)’ after ‘(unless such reduction is adjusted under section 222(b)(5))’.

    (b) ELECTION OF REDUCTION IN ANNUITY- Section 226 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 note) is amended by adding at the end the following new subsection:

    ‘(e) Upon remarriage occurring on or after the date of the enactment of this subsection to a spouse other than the spouse at the time of retirement, a retired participant whose annuity was not reduced (or was not fully reduced) to provide a survivor annuity for the participant’s spouse or former spouse as of the time of retirement may irrevocably elect, by means of a signed writing received by the Director within one year after such remarriage, a reduction in the retired participant’s annuity for the purpose of providing an annuity for such retired participant’s spouse in the event such spouse survives the retired participant. The reduction shall be effective the first day of the month which begins nine months after the date of remarriage. For any remarriage that occurred before the date of the enactment of this subsection, the retired participant may make such an election within two years after such date. To the greatest extent practicable, the retired participant shall pay a deposit under the same terms and conditions as those prescribed for retired employees under the Civil Service Retirement and Disability System under section 8339(j)(5)(C)(ii) of title 5, United States Code. A survivor annuity elected under this subsection shall be treated in all respects as a survivor annuity under section 221(b).’.

    (c) CONFORMING AMENDMENT- Section 226(d) of such Act is amended by striking out ‘This’ and inserting in lieu thereof ‘Subsections (a) through (c) of this’.

SEC. 305. REDUCTION OF REMARRIAGE AGE.

    (a) REDUCTION OF REMARRIAGE AGE FOR SURVIVOR AND RETIREMENT BENEFITS- The Central Intelligence Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 note) is amended--

      (1) in section 221--

        (A) in subsections (b)(1)(A) and (b)(3)(C), by striking out ‘age 60’ each place it appears and inserting in lieu thereof ‘age 55’; and

        (B) in subsection (g)(1), by striking out ‘age sixty’ each place it appears and inserting in lieu thereof ‘age 55’;

      (2) in section 222--

        (A) by striking out ‘60 years of age’ each place it appears in subsections (a)(2), (a)(3)(A), and (b)(2) and inserting in lieu thereof ‘55 years of age’; and

        (B) by striking out ‘age 60’ each place it appears in subsections (b)(3), (b)(5)(A), (c)(3)(C), (c)(3)(D), and (c)(4) and inserting in lieu thereof ‘age 55’; and

      (3) in section 232(b)(1), by striking out ‘attaining age sixty’ in the last sentence and inserting in lieu thereof ‘attaining age 55’.

    (b) EFFECTIVE DATE OF AMENDMENTS- (1) The amendments made by subsection (a) relating to widows or widowers shall apply in the case of a surviving spouse’s remarriage occurring on or after July 27, 1989, and with respect to periods beginning after such date.

    (2) The amendments made by subsection (a) relating to former spouses shall apply with respect to any former spouse whose remarriage occurs after the date of enactment of this Act.

SEC. 306. ELECTION BETWEEN CIARDS ANNUITY AND OTHER SURVIVOR ANNUITIES.

    Section 221(g) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 note) is amended by adding at the end the following new paragraph:

    ‘(3) A surviving spouse who married a participant after his or her retirement shall be entitled to a survivor annuity payable from the fund under this title only upon electing this annuity instead of any other survivor benefit to which he or she may be entitled under this or any other retirement system for Government employees on the basis of a marriage to someone other than the participant.’.

SEC. 307. RESTORATION OF FORMER SPOUSE BENEFITS AFTER DISSOLUTION OF REMARRIAGE.

    (a) SURVIVOR ANNUITY- Section 224 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 note) is amended--

      (1) in subsection (b)(1), by inserting ‘, except that the entitlement of the former spouse to such a survivor annuity shall be restored on the date such remarriage is dissolved by death, annulment, or divorce’ after ‘fifty-five’;

      (2) in subsection (c)(1)(B), by inserting ‘, except that the entitlement of the former spouse to such a survivor annuity shall be restored on the date such remarriage is dissolved by death, annulment, or divorce’ after ‘fifty-five’; and

      (3) by adding at the end thereof the following new subsection:

    ‘(e) Notwithstanding subsection (c)(2)(A) of this section, the thirty-month application requirement for a survivor annuity under this section to be payable shall not apply in cases in which a former spouse’s entitlement to such a survivor annuity is restored under subsection (b)(1) or (c)(1)(B) of this section.’.

    (b) RETIREMENT BENEFITS- Section 225 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 note) is amended--

      (1) in subsection (b)(1), by inserting ‘, except that the entitlement of the former spouse to benefits under this section shall be restored on the date such remarriage is dissolved by death, annulment, or divorce’ after ‘fifty-five’;

      (2) in subsection (c)(1)(B)(i), by inserting ‘, except that the entitlement of the former spouse to benefits under this section shall be restored on the date such remarriage is dissolved by death, annulment, or divorce’ after ‘fifty-five years of age’;

      (3) by redesignating subsection (e) as subsection (f); and

      (4) by adding after subsection (d) the following new subsection (e):

    ‘(e) Notwithstanding subsection (c)(4)(A) of this section, the thirty-month application requirement for benefits under this section to be payable shall not apply in cases in which a former spouse’s entitlement to such benefits is restored under subsection (b)(1) or (c)(1)(B) of this section.’.

    (c) HEALTH BENEFITS- Section 16(c) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) is amended by adding after paragraph (2) the following new paragraph:

    ‘(3)(A) A former spouse who is not eligible to enroll or to continue enrollment in a health benefits plan under this section solely because of remarriage before age fifty-five shall be restored to such eligibility on the date such remarriage is dissolved by death, annulment, or divorce.

    ‘(B) A former spouse whose eligibility is restored under subparagraph (A) may, under regulations which the Director of the Office of Personnel Management shall prescribe, enroll in a health benefits plan if such former spouse--

      ‘(i) was an individual referred to in paragraph (1) and was an individual covered under a benefits plan as a family member at any time during the 18-month period before the date of dissolution of the marriage to the Agency employee or annuitant; or

      ‘(ii) was an individual referred to in paragraph (2) and was an individual covered under a benefits plan immediately before the remarriage ended the enrollment.’.

    (d) EFFECTIVE DATE- The amendments made by this section shall take effect as of October 1, 1990. No benefits provided pursuant to the amendments made by this section shall be payable with respect to any period before such date.

    (e) COMPLIANCE WITH BUDGET ACT- Any new spending authority (within the meaning of section 401(c) of the Congressional Budget Act of 1974) provided pursuant to the amendments made by this section shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropriation Acts.

TITLE IV--GENERAL PROVISIONS

SEC. 401. 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. 402. 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 laws of the United States.

SEC. 403. EXCEPTED POSITIONS FROM THE COMPETITIVE SERVICE.

    Section 621 of the Department of Energy Organization Act (42 U.S.C. 7231) is amended by adding at the end thereof the following new subsection:

    ‘(f) All positions in the Department which the Secretary determines are devoted to intelligence and intelligence-related activities of the United States Government are excepted from the competitive service, and the individuals who occupy such positions as of the date of enactment of this Act shall, while employed in such positions, be exempt from the competitive service.’.

SEC. 404. INTELLIGENCE COMMUNITY CONTRACTING.

    (a) POLICY CONCERNING PRODUCTS PRODUCED IN THE UNITED STATES- The Director of Central Intelligence shall direct that elements of the Intelligence Community, whenever compatible with the national security interests of the United States and consistent with the operational and security concerns related to the conduct of intelligence activities, and where fiscally sound, should award contracts in a manner that would maximize the procurement of products produced in the United States.

    (b) DEFINITION- For purposes of this section, the term ‘Intelligence Community’ has the same meaning as set forth in paragraph 3.4(f) of Executive Order 12333, dated December 4, 1981, or successor orders.

SEC. 405. FURNISHING OF INTELLIGENCE INFORMATION TO THE SENATE AND HOUSE SELECT COMMITTEES ON INTELLIGENCE.

    (a) FURNISHING OF SPECIFIC INFORMATION- In accordance with title V of the National Security Act of 1947, the head of any department or agency of the United States involved in any intelligence activities which may pertain to United States military personnel listed as prisoner, missing, or unaccounted for in military actions shall furnish any information or documents in the possession, custody, or control of the department or agency, or person paid by such department or agency, whenever requested by the Permanent Select Committee on Intelligence of the House of Representatives or the Select Committee on Intelligence of the Senate.

    (b) ACCESS BY COMMITTEES AND MEMBERS OF CONGRESS- In accordance with Senate Resolution 400, Ninety-Fourth Congress, and House Resolution 658, Ninety-Fifth Congress, the committees named in subsection (a) shall, upon request and under such regulations as the committees have prescribed to protect the classification of such information, make any information described in subsection (a) available to any other committee or any other Member of Congress and appropriately cleared staff.

TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE PROVISIONS

SEC. 501. REIMBURSEMENT RATE FOR CERTAIN AIRLIFT SERVICES.

    (a) IN GENERAL- Chapter 157 of title 10, United States Code, is amended by adding at the end the following new section:

‘Sec. 2642. Reimbursement rate for airlift services provided to Central Intelligence Agency

    ‘(a) AUTHORITY- The Secretary of Defense may authorize the use of the Department of Defense reimbursement rate for military airlift services provided by a component of the Department of Defense to the Central Intelligence Agency, if the Secretary of Defense determines that those military airlift services are provided for activities related to national security objectives.

    ‘(b) DEFINITION- In this section, the term ‘Department of Defense reimbursement rate’ means the amount charged a component of the Department of Defense by another component of the Department of Defense.’.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

      ‘2642. Reimbursement rate for airlift services provided to Central Intelligence Agency.’.

SEC. 502. PUBLIC AVAILABILITY OF MAPS, ETC., PRODUCED BY DEFENSE MAPPING AGENCY.

    (a) IN GENERAL- (1) Chapter 167 of title 10, United States Code, is amended by adding at the end the following new section:

‘Sec. 2796. Maps, charts, and geodetic data: public availability; exceptions

    ‘(a) The Defense Mapping Agency shall offer for sale maps and charts at scales of 1:500,000 and smaller, except those withheld in accordance with subsection (b) or those specifically authorized under criteria established by Executive order to be kept secret in the interest of national defense or foreign policy and in fact properly classified pursuant to such Executive order.

    ‘(b)(1) Notwithstanding any other provision of law, the Secretary of Defense may withhold from public disclosure any geodetic product in the possession of, or under the control of, the Department of Defense--

      ‘(A) that was obtained or produced, or that contains information that was provided, pursuant to an international agreement that restricts disclosure of such product or information to government officials of the agreeing parties or that restricts use of such product or information to government purposes only;

      ‘(B) that contains information that the Secretary of Defense has determined in writing would, if disclosed, reveal sources and methods used to obtain source material for production of the geodetic product; or

      ‘(C) that contains information that the Director of the Defense Mapping Agency has determined in writing would, if disclosed, reveal military operational or contingency plans.

    ‘(2) In this subsection, the term ‘geodetic product’ means any map, chart, geodetic data, or related product.

    ‘(c)(1) Regulations to implement this section (including any amendments to such regulations) shall be published in the Federal Register for public comment for a period of not less than 30 days before they take effect.

    ‘(2) Regulations under this section shall address the conditions under which release of geodetic products authorized under subsection (b) to be withheld from public disclosure would be appropriate--

      ‘(A) in the case of allies of the United States; and

      ‘(B) in the case of qualified United States contractors (including contractors that are small business concerns) who need such products for use in the performance of contracts with the United States.’.

    (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

      ‘2796. Maps, charts, and geodetic data: public availability; exceptions.’.

    (b) DEADLINE FOR INITIAL REGULATIONS- Regulations to implement section 2796 of title 10, United States Code, as added by subsection (a), shall be published in the Federal Register for public comment in accordance with subsection (c) of that section not later than 90 days after the date of the enactment of this Act.

SEC. 503. POST-EMPLOYMENT ASSISTANCE FOR CERTAIN NSA EMPLOYEES.

    The National Security Agency Act of 1959 (50 U.S.C. 402 note) is amended by adding at the end thereof the following new section:

    ‘SEC. 17. (a) Notwithstanding any other law, the Director of the National Security Agency may use appropriated funds to assist employees who have been in sensitive positions who are found to be ineligible for continued access to Sensitive Compartmented Information and employment with the Agency, or whose employment has been terminated--

      ‘(1) in finding and qualifying for subsequent employment,

      ‘(2) in receiving treatment of medical or psychological disabilities, and

      ‘(3) in providing necessary financial support during periods of unemployment,

    if the Director determines that such assistance is essential to maintain the judgment and emotional stability of such employee and avoid circumstances that might lead to the unlawful disclosure of classified information to which such employee had access. Assistance provided under this section for an employee shall not be provided any longer than five years after the termination of the employment of the employee.

    ‘(b) The Director of the National Security Agency shall report annually to the Committees on Appropriations of the Senate and House of Representatives, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives with respect to any expenditure made pursuant to this section.’.

SEC. 504. USE OF COMMERCIAL ACTIVITIES AS COVER SUPPORT TO INTELLIGENCE COLLECTION ACTIVITIES OF THE DEPARTMENT OF DEFENSE.

    (a) IN GENERAL- Chapter 21 of title 10, United States Code, is amended--

      (1) by inserting after the chapter heading the following:

‘Subchapter

--Sec.

421

431

‘SUBCHAPTER I--GENERAL MATTERS’;

    and

      (2) by adding at the end the following:

‘SUBCHAPTER II--INTELLIGENCE COMMERCIAL ACTIVITIES

      ‘431. Authority to engage in commercial activities as security for intelligence collection activities.

      ‘432. Use, disposition, and auditing of funds.

      ‘433. Relationship with other Federal laws.

      ‘434. Reservation of defenses and immunities.

      ‘435. Limitations.

      ‘436. Regulations.

      ‘437. Congressional oversight.

‘Sec. 431. Authority to engage in commercial activities as security for intelligence collection activities

    ‘(a) AUTHORITY- The Secretary of Defense, subject to the provisions of this subchapter, may authorize the conduct of those commercial activities necessary to provide security for authorized intelligence collection activities abroad undertaken by the Department of Defense. No commercial activity may be initiated pursuant to this subchapter after December 31, 1995.

    ‘(b) INTERAGENCY COORDINATION AND SUPPORT- Any such activity shall--

      ‘(1) be coordinated with, and (where appropriate) be supported by, the Director of Central Intelligence; and

      ‘(2) to the extent the activity takes place within the United States, be coordinated with, and (where appropriate) be supported by, the Director of the Federal Bureau of Investigation.

    ‘(c) DEFINITIONS- In this subchapter:

      ‘(1) The term ‘commercial activities’ means activities that are conducted in a manner consistent with prevailing commercial practices and includes--

        ‘(A) the acquisition, use, sale, storage and disposal of goods and services;

        ‘(B) entering into employment contracts and leases and other agreements for real and personal property;

        ‘(C) depositing funds into and withdrawing funds from domestic and foreign commercial business or financial institutions;

        ‘(D) acquiring licenses, registrations, permits, and insurance; and

        ‘(E) establishing corporations, partnerships, and other legal entities.

      ‘(2) The term ‘intelligence collection activities’ means the collection of foreign intelligence and counterintelligence information.

‘Sec. 432. Use, disposition, and auditing of funds

    ‘(a) USE OF FUNDS- Funds generated by a commercial activity authorized pursuant to this subchapter may be used to offset necessary and reasonable expenses arising from that activity. Use of such funds for that purpose shall be kept to the minimum necessary to conduct the activity concerned in a secure manner. Any funds generated by the activity in excess of those required for that purpose shall be deposited, as often as may be practicable, into the Treasury as miscellaneous receipts.

    ‘(b) AUDITS- (1) The Secretary of Defense shall assign an organization within the Department of Defense to have auditing responsibility with respect to activities authorized under this subchapter.

    ‘(2) That organization shall audit the use and disposition of funds generated by any commercial activity authorized under this subchapter not less often than annually. The results of all such audits shall be promptly reported to the intelligence committees (as defined in section 437(d) of this title).

‘Sec. 433. Relationship with other Federal laws

    ‘(a) IN GENERAL- Except as provided by subsection (b), a commercial activity conducted pursuant to this subchapter shall be carried out in accordance with applicable Federal law.

    ‘(b) AUTHORIZATION OF WAIVERS WHEN NECESSARY TO MAINTAIN SECURITY- (1) If the Secretary of Defense determines, in connection with a commercial activity authorized pursuant to section 431 of this title, that compliance with certain Federal laws or regulations pertaining to the management and administration of Federal agencies would create an unacceptable risk of compromise of an authorized intelligence activity, the Secretary may, to the extent necessary to prevent such compromise, waive compliance with such laws or regulations.

    ‘(2) Any determination and waiver by the Secretary under paragraph (1) shall be made in writing and shall include a specification of the laws and regulations for which compliance by the commercial activity concerned is not required consistent with this section.

    ‘(3) The authority of the Secretary under paragraph (1) may be delegated only to the Deputy Secretary of Defense, an Under Secretary of Defense, an Assistant Secretary of Defense, or a Secretary of a military department.

    ‘(c) FEDERAL LAWS AND REGULATIONS- For purposes of this section, Federal laws and regulations pertaining to the management and administration of Federal agencies are only those Federal laws and regulations pertaining to the following:

      ‘(1) The receipt and use of appropriated and nonappropriated funds.

      ‘(2) The acquisition or management of property or services.

      ‘(3) Information disclosure, retention, and management.

      ‘(4) The employment of personnel.

      ‘(5) Payments for travel and housing.

      ‘(6) The establishment of legal entities or government instrumentalities.

      ‘(7) Foreign trade or financial transaction restrictions that would reveal the commercial activity as an activity of the United States Government.

‘Sec. 434. Reservation of defenses and immunities

    ‘The submission to judicial proceedings in a State or other legal jurisdiction, in connection with a commercial activity undertaken pursuant to this subchapter, shall not constitute a waiver of the defenses and immunities of the United States.

‘Sec. 435. Limitations

    ‘(a) LAWFUL ACTIVITIES- Nothing in this subchapter authorizes the conduct of any intelligence activity that is not otherwise authorized by law or Executive order.

    ‘(b) DOMESTIC ACTIVITIES- Personnel conducting commercial activity authorized by this subchapter may only engage in those activities in the United States to the extent necessary to support intelligence activities abroad.

    ‘(c) PROVIDING GOODS AND SERVICES TO THE DEPARTMENT OF DEFENSE- Commercial activity may not be undertaken within the United States for the purpose of providing goods and services to the Department of Defense, other than as may be necessary to provide security for the activities subject to this subchapter.

    ‘(d) NOTICE TO UNITED STATES PERSONS- (1) In carrying out a commercial activity authorized under this subchapter, the Secretary of Defense may not permit an entity engaged in such activity to employ a United States person in an operational, managerial, or supervisory position, and may not assign or detail a United States person to perform operational, managerial, or supervisory duties for such an entity, unless that person is informed in advance of the intelligence security purpose of that activity.

    ‘(2) In this subsection, the term ‘United States person’ means an individual who is a citizen of the United States or an alien lawfully admitted to the United States for permanent residence.

‘Sec. 436. Regulations

    ‘The Secretary of Defense shall prescribe regulations to implement the authority provided in this subchapter. Such regulations shall be consistent with this subchapter and shall at a minimum--

      ‘(1) specify all elements of the Department of Defense who are authorized to engage in commercial activities pursuant to this subchapter;

      ‘(2) require the personal approval of the Secretary or Deputy Secretary of Defense for all sensitive activities to be authorized pursuant to this subchapter;

      ‘(3) specify all officials who are authorized to grant waivers of laws or regulations pursuant to section 433(b) of this title, or to approve the establishment or conduct of commercial activities pursuant to this subchapter;

      ‘(4) designate a single office within the Defense Intelligence Agency to be responsible for the management and supervision of all activities authorized under this subchapter;

      ‘(5) require that each commercial activity proposed to be authorized under this subchapter be subject to appropriate legal review before the activity is authorized; and

      ‘(6) provide for appropriate internal audit controls and oversight for such activities.

‘Sec. 437. Congressional oversight

    ‘(a) PROPOSED REGULATIONS- Copies of regulations proposed to be prescribed under section 436 of this title (including any proposed revision to such regulations) shall be submitted to the intelligence committees not less than 30 days before they take effect.

    ‘(b) CURRENT INFORMATION- Consistent with title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.), the Secretary of Defense shall ensure that the intelligence committees are kept fully and currently informed of actions taken pursuant to this subchapter, including any significant anticipated activity to be authorized pursuant to this subchapter. The Secretary shall promptly notify the appropriate committees of Congress whenever a corporation, partnership, or other legal entity is established pursuant to this subchapter.

    ‘(c) ANNUAL REPORT- Not later than January 15 of each year, the Secretary shall submit to the appropriate committees of Congress a report on all commercial activities authorized under this subchapter that were undertaken during the previous fiscal year. Such report shall include (with respect to the fiscal year covered by the report)--

      ‘(1) a description of any exercise of the authority provided by section 433(b) of this title;

      ‘(2) a description of any expenditure of funds made pursuant to this subchapter (whether from appropriated or non-appropriated funds); and

      ‘(3) a description of any actions taken with respect to audits conducted pursuant to section 432 of this title to implement recommendations or correct deficiencies identified in such audits.

    ‘(d) INTELLIGENCE COMMITTEES DEFINED- In this section, the term ‘intelligence committees’ means the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.’.

    (b) EFFECTIVE DATE- The Secretary of Defense may not authorize any activity under section 431 of title 10, United States Code, as added by subsection (a), until the later of--

      (1) the end of the 90-day period beginning on the date of the enactment of this Act; or

      (2) the effective date of regulations first prescribed under section 436 of such title, as added by subsection (a).

SEC. 505. DISCLOSURE TO MEMBERS OF CONGRESS OF A CLASSIFIED DEFENSE INTELLIGENCE AGENCY REPORT RELATING TO MILITARY PERSONNEL LISTED AS PRISONER, MISSING, OR UNACCOUNTED FOR.

    The Secretary of Defense shall provide to any Member of Congress, upon request, full and complete access to the classified report of the Defense Intelligence Agency commonly known as the Tighe Report, relating to efforts by the Special Office for Prisoners of War/Missing in Action of the Defense Intelligence Agency to fully account for United States military personnel listed as prisoner, missing, or unaccounted for in military actions. The Secretary may withhold from disclosure under the preceding sentence any material that in the judgment of the Secretary would compromise sources and methods of intelligence.

TITLE VI--OVERSIGHT OF INTELLIGENCE ACTIVITIES

SEC. 601. REPEAL OF HUGHES-RYAN AMENDMENT.

    Section 662 of the Foreign Assistance Act of 1961 (22 U.S.C. 2422) is repealed.

SEC. 602. OVERSIGHT OF INTELLIGENCE ACTIVITIES.

    (a) IN GENERAL- Title V of the National Security Act of 1947 is amended--

      (1) by redesignating sections 502 and 503 as sections 504 and 505, respectively; and

      (2) by striking out section 501 (50 U.S.C. 413) and inserting in lieu thereof the following new sections:

‘GENERAL CONGRESSIONAL OVERSIGHT PROVISIONS

    ‘SEC. 501. (a)(1) The President shall ensure that the intelligence committees are kept fully and currently informed of the intelligence activities of the United States, including any significant anticipated intelligence activity as required by this title.

    ‘(2) As used in this title, the term ‘intelligence committees’ means the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.

    ‘(3) Nothing in this title shall be construed as requiring the approval of the intelligence committees as a condition precedent to the initiation of any significant anticipated intelligence activity.

    ‘(b) The President shall ensure that any illegal intelligence activity is reported promptly to the intelligence committees, as well as any corrective action that has been taken or is planned in connection with such illegal activity.

    ‘(c) The President and the intelligence committees shall each establish such procedures as may be necessary to carry out the provisions of this title.

    ‘(d) The House of Representatives and the Senate shall each establish, by rule or resolution of such House, procedures to protect from unauthorized disclosure all classified information, and all information relating to intelligence sources and methods, that is furnished to the intelligence committees or to Members of Congress under this title. Such procedures shall be established in consultation with the Director of Central Intelligence. In accordance with such procedures, each of the intelligence committees shall promptly call to the attention of its respective House, or to any appropriate committee or committees of its respective House, any matter relating to intelligence activities requiring the attention of such House or such committee or committees.

    ‘(e) Nothing in this Act shall be construed as authority to withhold information from the intelligence committees on the grounds that providing the information to the intelligence committees would constitute the unauthorized disclosure of classified information or information relating to intelligence sources and methods.

    ‘(f) As used in this section, the term ‘intelligence activities’ includes covert actions as defined in section 503(e).

‘REPORTING OF INTELLIGENCE ACTIVITIES OTHER THAN COVERT ACTIONS

    ‘SEC. 502. To the extent consistent with due regard for the protection from unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters, the Director of Central Intelligence and the heads of all departments, agencies, and other entities of the United States Government involved in intelligence activities shall--

      ‘(1) keep the intelligence committees fully and currently informed of all intelligence activities, other than a covert action (as defined in section 503(e)), which are the responsibility of, are engaged in by, or are carried out for or on behalf of, any department, agency, or entity of the United States Government, including any significant anticipated intelligence activity and any significant intelligence failure; and

      ‘(2) furnish the intelligence committees any information or material concerning intelligence activities, other than covert actions, which is within their custody or control, and which is requested by either of the intelligence committees in order to carry out its authorized responsibilities.

‘PRESIDENTIAL APPROVAL AND REPORTING OF COVERT ACTIONS

    ‘SEC. 503. (a) The President may not authorize the conduct of a covert action by departments, agencies, or entities of the United States Government unless the President determines such an action is necessary to support identifiable foreign policy objectives of the United States and is important to the national security of the United States, which determination shall be set forth in a finding that shall meet each of the following conditions:

      ‘(1) Each finding shall be in writing, unless immediate action by the United States is required and time does not permit the preparation of a written finding, in which case a written record of the President’s decision shall be contemporaneously made and shall be reduced to a written finding as soon as possible but in no event more than 48 hours after the decision is made.

      ‘(2) Except as permitted by paragraph (1), a finding may not authorize or sanction a covert action, or any aspect of any such action, which already has occurred.

      ‘(3) Each finding shall specify each department, agency, or entity of the United States Government authorized to fund or otherwise participate in any significant way in such action. Any employee, contractor, or contract agent of a department, agency, or entity of the United States Government other than the Central Intelligence Agency directed to participate in any way in a covert action shall be subject either to the policies and regulations of the Central Intelligence Agency, or to written policies or regulations adopted by such department, agency, or entity, to govern such participation.

      ‘(4) Each finding shall specify whether it is contemplated that any third party which is not an element of, or a contractor or contract agent of, the United States Government, or is not otherwise subject to United States Government policies and regulations, will be used to fund or otherwise participate in any significant way in the covert action concerned, or be used to undertake the covert action concerned on behalf of the United States.

      ‘(5) A finding may not authorize any action that would violate the Constitution or any statute of the United States.

    ‘(b) To the extent consistent with due regard for the protection from unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters, the Director of Central Intelligence and the heads of all departments, agencies, and entities of the United States Government involved in a covert action--

      ‘(1) shall keep the intelligence committees fully and currently informed of all covert actions which are the responsibility of, are engaged in by, or are carried out for or on behalf of, any department, agency, or entity of the United States Government, including significant failures; and

      ‘(2) shall furnish to the intelligence committees any information or material concerning covert actions which is in the possession, custody, or control of any department, agency, or entity of the United States Government and which is requested by either of the intelligence committees in order to carry out its authorized responsibilities.

    ‘(c)(1) The President shall ensure that any finding approved pursuant to subsection (a) shall be reported to the intelligence committees as soon as possible after such approval and before the initiation of the covert action authorized by the finding, except as otherwise provided in paragraph (2) and paragraph (3).

    ‘(2) If the President determines that it is essential to limit access to the finding to meet extraordinary circumstances affecting vital interests of the United States, the finding may be reported to the chairmen and ranking minority members of the intelligence committees, the Speaker and minority leader of the House of Representatives, the majority and minority leaders of the Senate, and such other member or members of the congressional leadership as may be included by the President.

    ‘(3) Whenever a finding is not reported pursuant to paragraph (1) or (2) of this section, the President shall fully inform the intelligence committees in a timely fashion and shall provide a statement of the reasons for not giving prior notice.

    ‘(4) In a case under paragraph (1), (2), or (3), a copy of the finding, signed by the President, shall be provided to the chairman of each intelligence committee. When access to a finding is limited to the Members of Congress specified in paragraph (2), a statement of the reasons for limiting such access shall also be provided.

    ‘(d) The President shall ensure that the intelligence committees, or, if applicable, the Members of Congress specified in subsection (c)(2), are notified of any significant change in a previously approved covert action, or any significant undertaking pursuant to a previously approved finding, in the same manner as findings are reported pursuant to subsection (c).

    ‘(e) As used in this title, the term ‘covert action’ means an activity or activities of the United States Government to influence political, economic, or military conditions abroad, where it is intended that the role of the United States Government will not be apparent or acknowledged publicly, but does not include--

      ‘(1) activities the primary purpose of which is to acquire intelligence, traditional counterintelligence activities, traditional activities to improve or maintain the operational security of United States Government programs, or administrative activities;

      ‘(2) traditional diplomatic or military activities or routine support to such activities;

      ‘(3) traditional law enforcement activities conducted by United States Government law enforcement agencies or routine support to such activities; or

      ‘(4) activities to provide routine support to the overt activities (other than activities described in paragraph (1), (2), or (3)) of other United States Government agencies abroad.

    ‘(f) No covert action may be conducted which is intended to influence United States political processes, public opinion, policies, or media.’.

    (b) CLERICAL AMENDMENT- The table of contents in the first section of the National Security Act of 1947 is amended by striking out the items relating to sections 501, 502, and 503 and inserting in lieu thereof the following:

      ‘Sec. 501. General congressional oversight provisions.

      ‘Sec. 502. Reporting of intelligence activities other than covert actions.

      ‘Sec. 503. Presidential approval and reporting of covert actions.

      ‘Sec. 504. Funding of intelligence activities.

      ‘Sec. 505. Notice to Congress of certain transfers of defense articles and defense services.’.

    (c) CONFORMING AMENDMENTS- (1) Section 504 of the National Security Act of 1947, as redesignated by subsection (a), is amended in subsection (a)(2) by striking out ‘section 501’ and inserting in lieu thereof ‘section 503’.

    (2) Section 505 of such Act (50 U.S.C. 415), as redesignated by subsection (a), is amended in subsection (a)(1) by striking out ‘section 501 of this Act’ and inserting in lieu thereof ‘this title’.

    (3) Sections 167(g) and 2547(c) of title 10, United States Code, are amended--

      (A) by striking out ‘would require--’ and all that follows through ‘a notice’ and inserting in lieu thereof ‘would require a notice’; and

      (B) by striking out ‘section 501(a)(1) of the National Security Act of 1947 (50 U.S.C. 413)’ and inserting in lieu thereof ‘title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.)’.

SEC. 603. LIMITATIONS ON USE OF FUNDS.

    Section 504 of the National Security Act of 1947 (50 U.S.C. 414), as redesignated by section 602(a) and amended by section 602(c), is further amended--

      (1) by redesignating subsection (c) as subsection (e); and

      (2) by inserting after subsection (b) the following new subsections:

    ‘(c) No funds appropriated for, or otherwise available to, any department, agency, or entity of the United States Government may be expended, or may be directed to be expended, for any covert action, as defined in section 503(e), unless and until a Presidential finding required by subsection (a) of section 503 has been signed or otherwise issued in accordance with that subsection.

    ‘(d)(1) Except as otherwise specifically provided by law, funds available to an intelligence agency that are not appropriated funds may be obligated or expended for an intelligence or intelligence-related activity only if those funds are used for activities reported to the appropriate congressional committees pursuant to procedures which identify--

      ‘(A) the types of activities for which nonappropriated funds may be expended; and

      ‘(B) the circumstances under which an activity must be reported as a significant anticipated intelligence activity before such funds can be expended.

    ‘(2) Procedures for purposes of paragraph (1) shall be jointly agreed upon by the intelligence committees and, as appropriate, the Director of Central Intelligence or the Secretary of Defense.’.

SEC. 604. TRANSFERS OF DEFENSE ARTICLES OR SERVICES.

    Section 505 of the National Security Act of 1947 (50 U.S.C. 415), as redesignated by section 602(a), is amended by inserting ‘, or the anticipated transfer in any fiscal year of any aggregation of defense articles or defense services,’ in subsection (a)(1) after ‘service’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.