S. 1009 (106th): Intelligence Authorization Act for Fiscal Year 2000

106th Congress, 1999–2000. Text as of Jun 08, 1999 (Reported by Senate Committee).

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S 1009 RS

Calendar No. 139

106th CONGRESS

1st Session

S. 1009

[Report No. 106-48]

To authorize appropriations for fiscal year 2000 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes.

IN THE SENATE OF THE UNITED STATES

May 11, 1999

Mr. SHELBY, from the Select Committee on Intelligence, reported the following original bill; which was read twice and placed on the calendar

May 13, 1999

Referred to the Committee on Armed Services, pursuant to section 3(b) of Senate Resolution 400, Ninety-fourth Congress, for a period not to exceed 30 days of session

June 8 (legislative day, JUNE 7), 1999

Reported by Mr. WARNER, without amendment


A BILL

To authorize appropriations for fiscal year 2000 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) SHORT TITLE- This Act may be cited as the ‘Intelligence Authorization Act for Fiscal Year 2000’.

    (b) TABLE OF CONTENTS- The table of contents for this Act is as follows:

      Sec. 1. Short title; table of contents.

TITLE I--INTELLIGENCE ACTIVITIES

      Sec. 101. Authorization of appropriations.

      Sec. 102. Classified schedule of authorizations.

      Sec. 103. Personnel ceiling adjustments.

      Sec. 104. Community Management Account.

TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

      Sec. 201. Authorization of appropriations.

TITLE III--GENERAL PROVISIONS

      Sec. 301. Increase in employee compensation and benefits authorized by law.

      Sec. 302. Restriction on conduct of intelligence activities.

      Sec. 303. Extension of application of sanctions laws to intelligence activities.

      Sec. 304. Access to computers and computer data of executive branch employees with access to classified information.

      Sec. 305. Naturalization of certain persons affiliated with a Communist or similar party.

      Sec. 306. Funding for infrastructure and quality of life improvements at Menwith Hill and Bad Aibling stations.

      Sec. 307. Technical amendment.

TITLE IV--CENTRAL INTELLIGENCE AGENCY

      Sec. 401. Improvement and extension of central services program.

      Sec. 402. Extension of CIA Voluntary Separation Pay Act.

TITLE V--DEPARTMENT OF ENERGY INTELLIGENCE ACTIVITIES

      Sec. 501. Short title.

      Sec. 502. Moratorium on foreign visitors program.

      Sec. 503. Background checks on all foreign visitors to national laboratories.

      Sec. 504. Report to Congress.

      Sec. 505. Definitions.

TITLE VI--FOREIGN COUNTERINTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS

      Sec. 601. Expansion of definition of ‘agent of a foreign power’ for purposes of the Foreign Intelligence Surveillance Act of 1978.

      Sec. 602. Federal Bureau of Investigation reports to other executive agencies on results of counterintelligence activities.

TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2000 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government:

      (1) The Central Intelligence Agency.

      (2) The Department of Defense.

      (3) The Defense Intelligence Agency.

      (4) The National Security Agency.

      (5) The Department of the Army, the Department of the Navy, and the Department of the Air Force.

      (6) The Department of State.

      (7) The Department of the Treasury.

      (8) The Department of Energy.

      (9) The Federal Bureau of Investigation.

      (10) The National Reconnaissance Office.

      (11) The National Imagery and Mapping Agency.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

    (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL CEILINGS- The amounts authorized to be appropriated under section 101, and the authorized personnel ceilings

as of September 30, 2000, for the conduct of the intelligence and intelligence-related activities of the elements listed in such section, are those specified in the classified Schedule of Authorizations prepared to accompany the conference report on the bill XXXX of the One Hundred Sixth Congress.

    (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AUTHORIZATIONS- The Schedule of Authorizations shall be made available to the Committees on Appropriations of the Senate and House of Representatives and to the President. The President shall provide for suitable distribution of the Schedule, or of appropriate portions of the Schedule, within the Executive Branch.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

    (a) AUTHORITY FOR ADJUSTMENTS- With the approval of the Director of the Office of Management and Budget, the Director of Central Intelligence may authorize employment of civilian personnel in excess of the number authorized for fiscal year 2000 under section 102 when the Director of Central Intelligence determines that such action is necessary to the performance of important intelligence functions, except that the number of personnel employed in excess of the number authorized under such section may not, for any element of the intelligence community, exceed two percent of the number of civilian personnel authorized under such section for such element.

    (b) NOTICE TO INTELLIGENCE COMMITTEES- The Director of Central Intelligence shall promptly notify the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate whenever the Director exercises the authority granted by this section.

SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

    (a) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated for the Community Management Account of the Director of Central Intelligence for fiscal year 2000 the sum of $171,700,000.

    (b) AUTHORIZED PERSONNEL LEVELS- The elements within the Community Management Account of the Director of Central Intelligence are authorized a total of 353 full-time personnel as of September 30, 2000. Personnel serving in such elements may be permanent employees of the Community Management Account element or personnel detailed from other elements of the United States Government.

    (c) CLASSIFIED AUTHORIZATIONS-

      (1) AUTHORIZATION OF APPROPRIATIONS- In addition to amounts authorized to be appropriated for the Community Management Account by subsection (a), there is also authorized to be appropriated for the Community Management Account for fiscal year 2000 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 102(a). Such additional amounts shall remain available until September 30, 2001.

      (2) AUTHORIZATION OF PERSONNEL- In addition to the personnel authorized by subsection (b) for elements of the Community Management Account as of September 30, 2000, there is hereby authorized such additional personnel for such elements as of that date as is specified in the classified Schedule of Authorizations.

    (d) REIMBURSEMENT- Except as provided in section 113 of the National Security Act of 1947 (50 U.S.C. 404h), during fiscal year 2000, any officer or employee of the United States or member of the Armed Forces who is detailed to the staff of an element within the Community Management Account from another element of the United States Government shall be detailed on a reimbursable basis, except that any such officer, employee, or member may be detailed on a nonreimbursable basis for a period of less than one year for the performance of temporary functions as required by the Director of Central Intelligence.

    (e) NATIONAL DRUG INTELLIGENCE CENTER-

      (1) IN GENERAL- Of the amount authorized to be appropriated in subsection (a), $27,000,000 shall be available for the National Drug Intelligence Center. Within such amount, funds provided for research, development, test, and evaluation purposes shall remain available until September 30, 2001, and funds provided for procurement purposes shall remain available until September 30, 2002.

      (2) TRANSFER OF FUNDS- The Director of Central Intelligence shall transfer to the Attorney General of the United States funds available for the National Drug Intelligence Center under paragraph (1). The Attorney General shall utilize funds so transferred for activities of the Center.

      (3) LIMITATION- Amounts available for the National Drug Intelligence Center may not be used in contravention of the provisions of section 103(d)(1) of the National Security Act of 1947 (50 U.S.C. 403-3(d)(1)).

      (4) AUTHORITY- Notwithstanding any other provision of law, the Attorney General shall retain full authority over the operations of the National Drug Intelligence Center.

TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 2000 the sum of $209,100,000.

TITLE III--GENERAL PROVISIONS

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY LAW.

    Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law.

SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

    The authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or the laws of the United States.

SEC. 303. EXTENSION OF APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE ACTIVITIES.

    Section 905 of the National Security Act of 1947 (50 U.S.C. 441d) is amended by striking ‘January 6, 2000’ and inserting ‘January 6, 2001’.

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

    (a) ACCESS- Section 801(a)(3) of the National Security Act of 1947 (50 U.S.C. 435(a)(3)) is amended by striking ‘and travel records’ and inserting ‘travel records, and computers used in the performance of government duties’.

    (b) COMPUTER DEFINED- Section 804 of that Act (50 U.S.C. 438) is amended--

      (1) by striking ‘and’ at the end of paragraph (6);

      (2) by striking the period at the end of paragraph (7) and inserting ‘; and’; and

      (3) by adding at the end the following:

      ‘(8) the term ‘computer’ means any electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device and any data or other information stored or contained in such device.’.

    (c) APPLICABILITY- The President shall modify the procedures required by section 801(a)(3) of the National Security Act of 1947 to take into account the amendment to that section made by subsection (a) of this section not later than 90 days after the date of the enactment of this Act.

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

    Section 313 of the Immigration and Nationality Act (8 U.S.C. 1424) is amended by adding at the end the following:

    ‘(e) A person may be naturalized under this title without regard to the prohibitions in subsections (a)(2) and (c) of this section, if the person--

      ‘(1) is otherwise eligible for naturalization;

      ‘(2) is within the class described in subsection (a)(2) solely because of past membership in, or past affiliation with, a party or organization described in that subsection;

      ‘(3) does not fall within any other of the classes described in that subsection; and

      ‘(4) is jointly determined by the Director of Central Intelligence, the Attorney General, and the Commissioner of Immigration and Naturalization to have made a contribution to the national security or to the national intelligence mission of the United States.’.

SEC. 306. FUNDING FOR INFRASTRUCTURE AND QUALITY OF LIFE IMPROVEMENTS AT MENWITH HILL AND BAD AIBLING STATIONS.

    Section 506(b) of the Intelligence Authorization Act for Fiscal Year 1996 (Public Law 104-93; 109 Stat. 974), as amended by section 502 of the Intelligence Authorization Act for Fiscal Year 1998 (Public Law 105-107; 111 Stat. 2262), is further amended by striking ‘for fiscal years 1998 and 1999’ and inserting ‘for fiscal years 2000 and 2001’.

SEC. 307. TECHNICAL AMENDMENT.

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

TITLE IV--CENTRAL INTELLIGENCE AGENCY

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

    (a) SCOPE OF PROVISION OF ITEMS AND SERVICES- Subsection (a) of section 21 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403u) is amended by striking ‘and to other’ and inserting ‘, nonappropriated fund entities or instrumentalities associated or affiliated with the Agency, and other’.

    (b) DEPOSITS IN CENTRAL SERVICES WORKING CAPITAL FUND- Subsection (c)(2) of that section is amended--

      (1) by amending subparagraph (D) to read as follows:

      ‘(D) Amounts received in payment for loss or damage to equipment or property of a central service provider as a result of activities under the program.’;

      (2) by redesignating subparagraph (E) as subparagraph (F); and

      (3) by inserting after subparagraph (D), as so amended, the following new subparagraph (E):

      ‘(E) Other receipts from the sale or exchange of equipment or property of a central service provider as a result of activities under the program.’.

    (c) AVAILABILITY OF FEES- Section (f)(2)(A) of that section is amended by inserting ‘central service providers and any’ before ‘elements of the Agency’.

    (d) EXTENSION OF PROGRAM- Subsection (h)(1) of that section is amended by striking ‘March 31, 2000’ and inserting ‘March 31, 2005’.

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

    (a) EXTENSION OF AUTHORITY- Section 2(f) of the Central Intelligence Agency Voluntary Separation Pay Act (50 U.S.C. 403-4 note) is amended by striking ‘September 30, 1999’ and inserting ‘September 30, 2000’.

    (b) REMITTANCE OF FUNDS- Section 2(i) of that Act is amended by striking ‘or fiscal year 1999’ and inserting ‘, 1999, or 2000’.

TITLE V--DEPARTMENT OF ENERGY INTELLIGENCE ACTIVITIES

SEC. 501. SHORT TITLE.

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

SEC. 502. MORATORIUM ON FOREIGN VISITORS PROGRAM.

    (a) MORATORIUM- The Secretary of Energy may not admit to any classified facility of a national laboratory any individual who is a citizen of a nation that is named on the current Department of Energy sensitive countries list.

    (b) WAIVER AUTHORITY- (1) The Secretary of Energy may waive the prohibition in subsection (a) on a case-by-case basis with respect to specific individuals whose admission to a national laboratory is determined by the Secretary to be necessary for the national security of the United States.

    (2) Not later than 30 days after granting a waiver under paragraph (1), the Secretary shall submit to committees referred to in paragraph (4) a report in writing regarding the waiver. The report shall identify each individual for whom such a waiver was granted and, with respect to each such individual, provide a detailed justification for the waiver and the Secretary’s certification that the admission of that individual to a national laboratory is necessary for the national security of the United States.

    (3) The authority of the Secretary under paragraph (1) may not be delegated.

    (4) The committees referred to in this paragraph are the following:

      (A) The Committees on Armed Services, Appropriations, Commerce, and Energy and Natural Resources and the Select Committee on Intelligence of the Senate.

      (B) The Committees on Armed Services, Appropriations, Commerce, and Resources and the Permanent Select Committee on Intelligence of the House of Representatives.

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

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

SEC. 504. REPORT TO CONGRESS.

    (a) REPORT- (1) The Director of Central Intelligence and the Director of the Federal Bureau of Investigation jointly shall submit to the committees referred to in subsection (c) a report on counterintelligence activities at the national laboratories, including facilities and areas at the national laboratories at which unclassified work is carried out.

    (2) The report shall include--

      (A) a description of the status of counterintelligence activities at each of the national laboratories;

      (B) the net assessment produced under paragraph (3); and

      (C) a recommendation as to whether or not section 502 should be repealed.

    (3)(A) A net assessment of the foreign visitors program at the national laboratories shall be produced for purposes of the report under this subsection and included in the report under paragraph (2)(B).

    (B) The assessment shall be produced by a panel of individuals with expertise in intelligence, counterintelligence, and nuclear weapons design matters.

    (b) DEADLINE FOR SUBMITTAL- The report required by subsection (a) shall be submitted not later than 90 days after the date of the enactment of this Act.

    (c) COMMITTEES- The committees referred to in this subsection are the following:

      (1) The Committees on Armed Services and Appropriations and the Select Committee on Intelligence of the Senate.

      (2) The Committees on Armed Services and Appropriations and the Permanent Select Committee on Intelligence of the House of Representatives.

SEC. 505. DEFINITIONS.

    In this title:

      (1) The term ‘national laboratory’ means any of the following:

        (A) The Lawrence Livermore National Laboratory, Livermore, California.

        (B) The Los Alamos National Laboratory, Los Alamos, New Mexico.

        (C) The Sandia National Laboratories, Albuquerque, New Mexico.

      (2) The term ‘sensitive countries list’ means the list prescribed by the Secretary of Energy known as the Department of Energy List of Sensitive Countries.

TITLE VI--FOREIGN COUNTERINTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS

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

    Section 101(b)(2) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(b)(2)) is amended--

      (1) in subparagraph (C), by striking ‘or’ at the end;

      (2) by redesignating subparagraph (D) as subparagraph (E); and

      (3) by inserting after subparagraph (C) the following new subparagraph (D):

        ‘(D) knowingly enters the United States under a false or fraudulent identity for or on behalf of a foreign power or, while in the United States, knowingly assumes a false or fraudulent identity for or on behalf of a foreign power; or’.

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

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