Calendar No. 139

106TH CONGRESS

1ST SESSION S. 1009

[Report No. 106–48]

A BILL

To authorize appropriations for fiscal year 2000 for

tem, and for other purposes.ligence Agency Retirement and Disability SysManagement Account, and the Central Intelthe United States Government, the Communityintelligence and intelligence-related activities of

JUNE 8 (legislative day, JUNE 7), 1999

Reported without amendment
II

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.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Intelligence Authorization Act for Fiscal Year 2000’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 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
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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.

1 TITLE I—INTELLIGENCE

2 ACTIVITIES

3 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

4 Funds are hereby authorized to be appropriated for

5 fiscal year 2000 for the conduct of the intelligence and

6 intelligence-related activities of the following elements of

7 the United States Government:

8 (1) The Central Intelligence Agency.

9 (2) The Department of Defense.

10 (3) The Defense Intelligence Agency.

11 (4) The National Security Agency.

12 (5) The Department of the Army, the Depart13 ment of the Navy, and the Department of the Air

14 Force.

15 (6) The Department of State.

16 (7) The Department of the Treasury.

17 (8) The Department of Energy.

18 (9) The Federal Bureau of Investigation.

19 (10) The National Reconnaissance Office.

20 (11) The National Imagery and Mapping Agen21 cy.
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1 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

2 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

3 CEILINGS.—The amounts authorized to be appropriated

4 under section 101, and the authorized personnel ceilings

5 as of September 30, 2000, for the conduct of the intel6 ligence and intelligence-related activities of the elements

7 listed in such section, are those specified in the classified

8 Schedule of Authorizations prepared to accompany the

9 conference report on the bill llll of the One Hun10 dred Sixth Congress.

11 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU12 THORIZATIONS.—The Schedule of Authorizations shall be

13 made available to the Committees on Appropriations of

14 the Senate and House of Representatives and to the Presi15 dent. The President shall provide for suitable distribution

16 of the Schedule, or of appropriate portions of the Sched17 ule, within the Executive Branch.

18 SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

19 (a) AUTHORITY FOR ADJUSTMENTS.—With the ap20 proval of the Director of the Office of Management and

21 Budget, the Director of Central Intelligence may authorize

22 employment of civilian personnel in excess of the number

23 authorized for fiscal year 2000 under section 102 when

24 the Director of Central Intelligence determines that such

25 action is necessary to the performance of important intel26 ligence functions, except that the number of personnel em-
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1 ployed in excess of the number authorized under such sec2 tion may not, for any element of the intelligence commu3 nity, exceed two percent of the number of civilian per4 sonnel authorized under such section for such element.

5 (b) NOTICE TO INTELLIGENCE COMMITTEES.—The

6 Director of Central Intelligence shall promptly notify the

7 Permanent Select Committee on Intelligence of the House

8 of Representatives and the Select Committee on Intel9 ligence of the Senate whenever the Director exercises the

10 authority granted by this section.

11 SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

12 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

13 authorized to be appropriated for the Community Manage14 ment Account of the Director of Central Intelligence for

15 fiscal year 2000 the sum of $171,700,000.

16 (b) AUTHORIZED PERSONNEL LEVELS.—The ele17 ments within the Community Management Account of the

18 Director of Central Intelligence are authorized a total of

19 353 full-time personnel as of September 30, 2000. Per20 sonnel serving in such elements may be permanent em21 ployees of the Community Management Account element

22 or personnel detailed from other elements of the United

23 States Government.

24 (c) CLASSIFIED AUTHORIZATIONS.—
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1 (1) AUTHORIZATION OF APPROPRIATIONS.—In

2 addition to amounts authorized to be appropriated

3 for the Community Management Account by sub4 section (a), there is also authorized to be appro5 priated for the Community Management Account for

6 fiscal year 2000 such additional amounts as are

7 specified in the classified Schedule of Authorizations

8 referred to in section 102(a). Such additional

9 amounts shall remain available until September 30,

10 2001.

11 (2) AUTHORIZATION OF PERSONNEL.—In addi12 tion to the personnel authorized by subsection (b)

13 for elements of the Community Management Ac14 count as of September 30, 2000, there is hereby au15 thorized such additional personnel for such elements

16 as of that date as is specified in the classified Sched17 ule of Authorizations.

18 (d) REIMBURSEMENT.—Except as provided in section

19 113 of the National Security Act of 1947 (50 U.S.C.

20 404h), during fiscal year 2000, any officer or employee

21 of the United States or member of the Armed Forces who

22 is detailed to the staff of an element within the Commu23 nity Management Account from another element of the

24 United States Government shall be detailed on a reimburs25 able basis, except that any such officer, employee, or mem-
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1 ber may be detailed on a nonreimbursable basis for a pe2 riod of less than one year for the performance of tem3 porary functions as required by the Director of Central

4 Intelligence.

5 (e) NATIONAL DRUG INTELLIGENCE CENTER.—

6 (1) IN GENERAL.—Of the amount authorized to

7 be appropriated in subsection (a), $27,000,000 shall

8 be available for the National Drug Intelligence Cen9 ter. Within such amount, funds provided for re10 search, development, test, and evaluation purposes

11 shall remain available until September 30, 2001, and

12 funds provided for procurement purposes shall re13 main available until September 30, 2002.

14 (2) TRANSFER OF FUNDS.—The Director of

15 Central Intelligence shall transfer to the Attorney

16 General of the United States funds available for the

17 National Drug Intelligence Center under paragraph

18 (1). The Attorney General shall utilize funds so

19 transferred for activities of the Center.

20 (3) LIMITATION.—Amounts available for the

21 National Drug Intelligence Center may not be used

22 in contravention of the provisions of section

23 103(d)(1) of the National Security Act of 1947 (50

24 U.S.C. 403–3(d)(1)).
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1 (4) AUTHORITY.—Notwithstanding any other

2 provision of law, the Attorney General shall retain

3 full authority over the operations of the National

4 Drug Intelligence Center.

5 TITLE II—CENTRAL INTEL6 LIGENCE AGENCY RETIRE7 MENT AND DISABILITY SYS8 TEM

9 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

10 There is authorized to be appropriated for the Cen11 tral Intelligence Agency Retirement and Disability Fund

12 for fiscal year 2000 the sum of $209,100,000.

13 TITLE III—GENERAL

14 PROVISIONS

15 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND

16 BENEFITS AUTHORIZED BY LAW.

17 Appropriations authorized by this Act for salary, pay,

18 retirement, and other benefits for Federal employees may

19 be increased by such additional or supplemental amounts

20 as may be necessary for increases in such compensation

21 or benefits authorized by law.

22 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE

23 ACTIVITIES.

24 The authorization of appropriations by this Act shall

25 not be deemed to constitute authority for the conduct of
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1 any intelligence activity which is not otherwise authorized

2 by the Constitution or the laws of the United States.

3 SEC. 303. EXTENSION OF APPLICATION OF SANCTIONS

4 LAWS TO INTELLIGENCE ACTIVITIES.

5 Section 905 of the National Security Act of 1947 (50

6 U.S.C. 441d) is amended by striking ‘‘January 6, 2000’’

7 and inserting ‘‘January 6, 2001’’.

8 SEC. 304. ACCESS TO COMPUTERS AND COMPUTER DATA

9 OF EXECUTIVE BRANCH EMPLOYEES WITH

10 ACCESS TO CLASSIFIED INFORMATION.

11 (a) ACCESS.—Section 801(a)(3) of the National Se12 curity Act of 1947 (50 U.S.C. 435(a)(3)) is amended by

13 striking ‘‘and travel records’’ and inserting ‘‘travel

14 records, and computers used in the performance of govern15 ment duties’’.

16 (b) COMPUTER DEFINED.—Section 804 of that Act

17 (50 U.S.C. 438) is amended—

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

19 (6);

20 (2) by striking the period at the end of para21 graph (7) and inserting ‘‘; and’’; and

22 (3) by adding at the end the following:

23 ‘‘(8) the term ‘computer’ means any electronic,

24 magnetic, optical, electrochemical, or other high

25 speed data processing device performing logical,
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1 arithmetic, or storage functions, and includes any

2 data storage facility or communications facility di3 rectly related to or operating in conjunction with

4 such device and any data or other information

5 stored or contained in such device.’’.

6 (c) APPLICABILITY.—The President shall modify the

7 procedures required by section 801(a)(3) of the National

8 Security Act of 1947 to take into account the amendment

9 to that section made by subsection (a) of this section not

10 later than 90 days after the date of the enactment of this

11 Act.

12 SEC. 305. NATURALIZATION OF CERTAIN PERSONS AFFILI13 ATED WITH A COMMUNIST OR SIMILAR

14 PARTY.

15 Section 313 of the Immigration and Nationality Act

16 (8 U.S.C. 1424) is amended by adding at the end the fol17 lowing:

18 ‘‘(e) A person may be naturalized under this title

19 without regard to the prohibitions in subsections (a)(2)

20 and (c) of this section, if the person—

21 ‘‘(1) is otherwise eligible for naturalization;

22 ‘‘(2) is within the class described in subsection

23 (a)(2) solely because of past membership in, or past

24 affiliation with, a party or organization described in

25 that subsection;
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1 ‘‘(3) does not fall within any other of the class2 es described in that subsection; and

3 ‘‘(4) is jointly determined by the Director of

4 Central Intelligence, the Attorney General, and the

5 Commissioner of Immigration and Naturalization to

6 have made a contribution to the national security or

7 to the national intelligence mission of the United

8 States.’’.

9 SEC. 306. FUNDING FOR INFRASTRUCTURE AND QUALITY

10 OF LIFE IMPROVEMENTS AT MENWITH HILL

11 AND BAD AIBLING STATIONS.

12 Section 506(b) of the Intelligence Authorization Act

13 for Fiscal Year 1996 (Public Law 104–93; 109 Stat. 974),

14 as amended by section 502 of the Intelligence Authoriza15 tion Act for Fiscal Year 1998 (Public Law 105–107; 111

16 Stat. 2262), is further amended by striking ‘‘for fiscal

17 years 1998 and 1999’’ and inserting ‘‘for fiscal years 2000

18 and 2001’’.

19 SEC. 307. TECHNICAL AMENDMENT.

20 Section 305(b)(2) of the Intelligence Authorization

21 Act for Fiscal Year 1997 (Public Law 104–293, 110 Stat.

22 3465; 8 U.S.C. 1427 note) is amended by striking ‘‘sub23 paragraph (A), (B), (C), or (D) of section 243(h)(2) of

24 such Act’’ and inserting ‘‘clauses (i) through (iv) of section

25 241(b)(3)(B) of such Act’’.
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1 TITLE IV—CENTRAL

2 INTELLIGENCE AGENCY

3 SEC. 401. IMPROVEMENT AND EXTENSION OF CENTRAL

4 SERVICES PROGRAM.

5 (a) SCOPE OF PROVISION OF ITEMS AND SERV6 ICES.—Subsection (a) of section 21 of the Central Intel7 ligence Agency Act of 1949 (50 U.S.C. 403u) is amended

8 by striking ‘‘and to other’’ and inserting ‘‘, non9 appropriated fund entities or instrumentalities associated

10 or affiliated with the Agency, and other’’.

11 (b) DEPOSITS IN CENTRAL SERVICES WORKING CAP12 ITAL FUND.—Subsection (c)(2) of that section is

13 amended—

14 (1) by amending subparagraph (D) to read as

15 follows:

16 ‘‘(D) Amounts received in payment for loss or

17 damage to equipment or property of a central service

18 provider as a result of activities under the pro19 gram.’’;

20 (2) by redesignating subparagraph (E) as sub21 paragraph (F); and

22 (3) by inserting after subparagraph (D), as so

23 amended, the following new subparagraph (E):
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1 ‘‘(E) Other receipts from the sale or exchange

2 of equipment or property of a central service pro3 vider as a result of activities under the program.’’.

4 (c) AVAILABILITY OF FEES.—Section (f)(2)(A) of

5 that section is amended by inserting ‘‘central service pro6 viders and any’’ before ‘‘elements of the Agency’’.

7 (d) EXTENSION OF PROGRAM.—Subsection (h)(1) of

8 that section is amended by striking ‘‘March 31, 2000’’ and

9 inserting ‘‘March 31, 2005’’.

10 SEC. 402. EXTENSION OF CIA VOLUNTARY SEPARATION PAY

11 ACT.

12 (a) EXTENSION OF AUTHORITY.—Section 2(f) of the

13 Central Intelligence Agency Voluntary Separation Pay Act

14 (50 U.S.C. 403–4 note) is amended by striking ‘‘Sep15 tember 30, 1999’’ and inserting ‘‘September 30, 2000’’.

16 (b) REMITTANCE OF FUNDS.—Section 2(i) of that

17 Act is amended by striking ‘‘or fiscal year 1999’’ and in18 serting ‘‘, 1999, or 2000’’.

19 TITLE V—DEPARTMENT OF EN20 ERGY INTELLIGENCE ACTIVI21 TIES

22 SEC. 501. SHORT TITLE.

23 This title may be cited as the ‘‘Department of Energy

24 Sensitive Country Foreign Visitors Moratorium Act of

25 1999’’.
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1 SEC. 502. MORATORIUM ON FOREIGN VISITORS PROGRAM.

2 (a) MORATORIUM.—The Secretary of Energy may

3 not admit to any classified facility of a national laboratory

4 any individual who is a citizen of a nation that is named

5 on the current Department of Energy sensitive countries

6 list.

7 (b) WAIVER AUTHORITY.—(1) The Secretary of En8 ergy may waive the prohibition in subsection (a) on a case9 by-case basis with respect to specific individuals whose ad10 mission to a national laboratory is determined by the Sec11 retary to be necessary for the national security of the

12 United States.

13 (2) Not later than 30 days after granting a waiver

14 under paragraph (1), the Secretary shall submit to com15 mittees referred to in paragraph (4) a report in writing

16 regarding the waiver. The report shall identify each indi17 vidual for whom such a waiver was granted and, with re18 spect to each such individual, provide a detailed justifica19 tion for the waiver and the Secretary’s certification that

20 the admission of that individual to a national laboratory

21 is necessary for the national security of the United States.

22 (3) The authority of the Secretary under paragraph

23 (1) may not be delegated.

24 (4) The committees referred to in this paragraph are

25 the following:
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1 (A) The Committees on Armed Services, Appro2 priations, Commerce, and Energy and Natural Re3 sources and the Select Committee on Intelligence of

4 the Senate.

5 (B) The Committees on Armed Services, Appro6 priations, Commerce, and Resources and the Perma7 nent Select Committee on Intelligence of the House

8 of Representatives.

9 SEC. 503. BACKGROUND CHECKS ON ALL FOREIGN VISI10 TORS TO NATIONAL LABORATORIES.

11 Before an individual who is a citizen of a foreign na12 tion is allowed to enter a national laboratory, the Sec13 retary of Energy shall require that a security clearance

14 investigation (known as a ‘‘background check’’) be carried

15 out on that individual.

16 SEC. 504. REPORT TO CONGRESS.

17 (a) REPORT.—(1) The Director of Central Intel18 ligence and the Director of the Federal Bureau of Inves19 tigation jointly shall submit to the committees referred to

20 in subsection (c) a report on counterintelligence activities

21 at the national laboratories, including facilities and areas

22 at the national laboratories at which unclassified work is

23 carried out.

24 (2) The report shall include—
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1 (A) a description of the status of counterintel2 ligence activities at each of the national laboratories;

3 (B) the net assessment produced under para4 graph (3); and

5 (C) a recommendation as to whether or not sec6 tion 502 should be repealed.

7 (3)(A) A net assessment of the foreign visitors pro8 gram at the national laboratories shall be produced for

9 purposes of the report under this subsection and included

10 in the report under paragraph (2)(B).

11 (B) The assessment shall be produced by a panel of

12 individuals with expertise in intelligence, counterintel13 ligence, and nuclear weapons design matters.

14 (b) DEADLINE FOR SUBMITTAL.—The report re15 quired by subsection (a) shall be submitted not later than

16 90 days after the date of the enactment of this Act.

17 (c) COMMITTEES.—The committees referred to in

18 this subsection are the following:

19 (1) The Committees on Armed Services and Ap20 propriations and the Select Committee on Intel21 ligence of the Senate.

22 (2) The Committees on Armed Services and Ap23 propriations and the Permanent Select Committee

24 on Intelligence of the House of Representatives.
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1 SEC. 505. DEFINITIONS.

2 In this title:

3 (1) The term ‘‘national laboratory’’ means any

4 of the following:

5 (A) The Lawrence Livermore National

6 Laboratory, Livermore, California.

7 (B) The Los Alamos National Laboratory,

8 Los Alamos, New Mexico.

9 (C) The Sandia National Laboratories, Al10 buquerque, New Mexico.

11 (2) The term ‘‘sensitive countries list’’ means

12 the list prescribed by the Secretary of Energy known

13 as the Department of Energy List of Sensitive

14 Countries.

15 TITLE VI—FOREIGN COUNTER16 INTELLIGENCE AND INTER17 NATIONAL TERRORISM IN18 VESTIGATIONS

19 SEC. 601. EXPANSION OF DEFINITION OF ‘‘AGENT OF A FOR20 EIGN POWER’’ FOR PURPOSES OF THE FOR21 EIGN INTELLIGENCE SURVEILLANCE ACT OF

22 1978.

23 Section 101(b)(2) of the Foreign Intelligence Surveil24 lance Act of 1978 (50 U.S.C. 1801(b)(2)) is amended—

25 (1) in subparagraph (C), by striking ‘‘or’’ at

26 the end;
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1 (2) by redesignating subparagraph (D) as sub2 paragraph (E); and

3 (3) by inserting after subparagraph (C) the fol4 lowing new subparagraph (D):

5 ‘‘(D) knowingly enters the United States

6 under a false or fraudulent identity for or on

7 behalf of a foreign power or, while in the

8 United States, knowingly assumes a false or

9 fraudulent identity for or on behalf of a foreign

10 power; or’’.

11 SEC. 602. FEDERAL BUREAU OF INVESTIGATION REPORTS

12 TO OTHER EXECUTIVE AGENCIES ON RE13 SULTS OF COUNTERINTELLIGENCE ACTIVI14 TIES.

15 Section 811(c)(2) of the Counterintelligence and Se16 curity Enhancements Act of 1994 (title VIII of Public

17 Law 103–359; 108 Stat. 3455; 50 U.S.C. 402a(c)(2)) is

18 amended by striking ‘‘after a report has been provided

19 pursuant to paragraph (1)(A)’’.