`[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1009 Reported in Senate (RS)]





                                                       Calendar No. 139

106th CONGRESS

  1st Session

                                S. 1009

                          [Report No. 106-48]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                 June 8 (legislative day, June 7), 1999

                       Reported without amendment





                                                       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 
________ 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)''.`