In the Senate of the United States,

July 21, 1999.

Resolved, That the bill from the House of Representatives (H.R. 1555) entitled ‘‘An Act to authorize appropriations for fiscal year 2000 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence

Agency Retirement and Disability System, and for other purposes.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘In3 telligence Authorization Act for Fiscal Year 2000’’.

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

5 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.

Sec. 102. Classified schedule of authorizations.

Sec. 103. Personnel ceiling adjustments.

Sec. 104. Intelligence Community Management Account.
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TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

TITLE III—GENERAL PROVISIONS

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

Sec. 302. Restriction on conduct of intelligence activities.

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

Sec. 304. Access to computers and computer data of executive branch employees

with access to classified information.

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

Sec. 306. Funding for infrastructure and quality of life improvements at

Menwith Hill and Bad Aibling stations.

Sec. 307. Technical amendment.

Sec. 308. Sense of the Congress on classification and declassification.

Sec. 309. Declassification of intelligence estimate on Vietnam-era prisoners of war

and missing in action personnel and critical assessment of estimate.

Sec. 310. Submittal to Congress of lists on classified information regarding unrecovered United States prisoners of war and other personnel.

Sec. 311. Study of background checks for employees of the Department of Energy.

Sec. 312. Report on legal standards applied for electronic surveillance.

TITLE IV—CENTRAL INTELLIGENCE AGENCY

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

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

TITLE V—DEPARTMENT OF ENERGY INTELLIGENCE ACTIVITIES

Sec. 501. Short title.

Sec. 502. Moratorium on foreign visitors program.

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

Sec. 504. Report to Congress.

Sec. 505. Definitions.

TITLE VI—FOREIGN COUNTERINTELLIGENCE AND INTERNATIONAL

TERRORISM INVESTIGATIONS

Sec. 601. Expansion of definition of ‘‘agent of a foreign power’’ for purposes of

the Foreign Intelligence Surveillance Act of 1978.

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

results of counterintelligence activities.

TITLE VII—BLOCKING ASSETS OF MAJOR NARCOTICS TRAFFICKERS

Sec. 701. Finding and policy.

Sec. 702. Purpose.

Sec. 703. Designation of certain foreign international narcotics traffickers.

Sec. 704. Blocking assets.

Sec. 705. Denial of visas to and inadmissibility of specially designated narcotics

traffickers.
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TITLE VIII—COMMISSION TO ASSESS THE BALLISTIC MISSILE

THREAT TO THE RUSSIAN FEDERATION

Sec. 801. Establishment of commission.

Sec. 802. Duties of commission.

Sec. 803. Report.

Sec. 804. Powers.

Sec. 805. Commission procedures.

Sec. 806. Personnel matters.

TITLE IX—AGENCY FOR NUCLEAR STEWARDSHIP

Sec. 901. Department of Energy Nuclear Security.

1 TITLE I—INTELLIGENCE

2 ACTIVITIES

3 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

4 Funds are hereby authorized to be appropriated for fis5 cal year 2000 for the conduct of the intelligence and intel6 ligence-related activities of the following elements of the

7 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.
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1 (11) The National Imagery and Mapping Agen2 cy.

3 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

4 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

5 CEILINGS.—The amounts authorized to be appropriated

6 under section 101, and the authorized personnel ceilings as

7 of September 30, 2000, for the conduct of the intelligence

8 and intelligence-related activities of the elements listed in

9 such section, are those specified in the classified Schedule

10 of Authorizations prepared to accompany the conference re11 port on the bill llll of the One Hundred Sixth Con12 gress.

13 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU14 THORIZATIONS.—The Schedule of Authorizations shall be

15 made available to the Committees on Appropriations of the

16 Senate and House of Representatives and to the President.

17 The President shall provide for suitable distribution of the

18 Schedule, or of appropriate portions of the Schedule, within

19 the Executive Branch.

20 SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

21 (a) AUTHORITY FOR ADJUSTMENTS.—With the ap22 proval of the Director of the Office of Management and

23 Budget, the Director of Central Intelligence may authorize

24 employment of civilian personnel in excess of the number

25 authorized for fiscal year 2000 under section 102 when the
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1 Director of Central Intelligence determines that such action

2 is necessary to the performance of important intelligence

3 functions, except that the number of personnel employed in

4 excess of the number authorized under such section may not,

5 for any element of the intelligence community, exceed two

6 percent of the number of civilian personnel authorized

7 under such section for such element.

8 (b) NOTICE TO INTELLIGENCE COMMITTEES.—The Di9 rector of Central Intelligence shall promptly notify the Per10 manent Select Committee on Intelligence of the House of

11 Representatives and the Select Committee on Intelligence of

12 the Senate whenever the Director exercises the authority

13 granted by this section.

14 SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC15 COUNT.

16 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

17 authorized to be appropriated for the Intelligence Commu18 nity Management Account of the Director of Central Intel19 ligence for fiscal year 2000 the sum of $193,572,000. The

20 Information Security Oversight Office, charged with ad21 ministering this Nation’s intelligence classification and de22 classification programs shall receive $1,500,000 of these

23 funds to allow it to hire more staff so that it can more

24 efficiently manage these programs.
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1 (b) AUTHORIZED PERSONNEL LEVELS.—The elements

2 within the Community Management Account of the Direc3 tor of Central Intelligence are authorized a total of 353 full4 time personnel as of September 30, 2000. Personnel serving

5 in such elements may be permanent employees of the Com6 munity Management Account element or personnel detailed

7 from other elements of the United States Government.

8 (c) CLASSIFIED AUTHORIZATIONS.—

9 (1) AUTHORIZATION OF APPROPRIATIONS.—In

10 addition to amounts authorized to be appropriated

11 for the Community Management Account by sub12 section (a), there is also authorized to be appropriated

13 for the Community Management Account for fiscal

14 year 2000 such additional amounts as are specified

15 in the classified Schedule of Authorizations referred to

16 in section 102(a). Such additional amounts shall re17 main available until September 30, 2001.

18 (2) AUTHORIZATION OF PERSONNEL.—In addi19 tion to the personnel authorized by subsection (b) for

20 elements of the Community Management Account as

21 of September 30, 2000, there is hereby authorized such

22 additional personnel for such elements as of that date

23 as is specified in the classified Schedule of Authoriza24 tions.
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1 (d) REIMBURSEMENT.—Except as provided in section

2 113 of the National Security Act of 1947 (50 U.S.C. 404h),

3 during fiscal year 2000, any officer or employee of the

4 United States or member of the Armed Forces who is de5 tailed to the staff of an element within the Community

6 Management Account from another element of the United

7 States Government shall be detailed on a reimbursable

8 basis, except that any such officer, employee, or member

9 may be detailed on a nonreimbursable basis for a period

10 of less than one year for the performance of temporary func11 tions as required by the Director of Central Intelligence.

12 (e) NATIONAL DRUG INTELLIGENCE CENTER.—

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

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

15 be available for the National Drug Intelligence Cen16 ter. Within such amount, funds provided for research,

17 development, test, and evaluation purposes shall re18 main available until September 30, 2001, and funds

19 provided for procurement purposes shall remain

20 available until September 30, 2002.

21 (2) TRANSFER OF FUNDS.—The Director of Cen22 tral Intelligence shall transfer to the Attorney General

23 of the United States funds available for the National

24 Drug Intelligence Center under paragraph (1). The
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1 Attorney General shall utilize funds so transferred for

2 activities of the Center.

3 (3) LIMITATION.—Amounts available for the Na4 tional Drug Intelligence Center may not be used in

5 contravention of the provisions of section 103(d)(1) of

6 the National Security Act of 1947 (50 U.S.C. 403–

7 3(d)(1)).

8 (4) AUTHORITY.—Notwithstanding any other

9 provision of law, the Attorney General shall retain

10 full authority over the operations of the National

11 Drug Intelligence Center.

12 TITLE II—CENTRAL INTEL13 LIGENCE AGENCY RETIRE14 MENT AND DISABILITY SYS15 TEM

16 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

17 There is authorized to be appropriated for the Central

18 Intelligence Agency Retirement and Disability Fund for fis19 cal year 2000 the sum of $209,100,000.

20 TITLE III—GENERAL

21 PROVISIONS

22 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND

23 BENEFITS AUTHORIZED BY LAW.

24 Appropriations authorized by this Act for salary, pay,

25 retirement, and other benefits for Federal employees may
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1 be increased by such additional or supplemental amounts

2 as may be necessary for increases in such compensation or

3 benefits authorized by law.

4 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE

5 ACTIVITIES.

6 The authorization of appropriations by this Act shall

7 not be deemed to constitute authority for the conduct of any

8 intelligence activity which is not otherwise authorized by

9 the Constitution or the laws of the United States.

10 SEC. 303. EXTENSION OF APPLICATION OF SANCTIONS

11 LAWS TO INTELLIGENCE ACTIVITIES.

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

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

14 and inserting ‘‘January 6, 2001’’.

15 SEC. 304. ACCESS TO COMPUTERS AND COMPUTER DATA OF

16 EXECUTIVE BRANCH EMPLOYEES WITH AC17 CESS TO CLASSIFIED INFORMATION.

18 (a) ACCESS.—Section 801(a)(3) of the National Secu19 rity Act of 1947 (50 U.S.C. 435(a)(3)) is amended by strik20 ing ‘‘and travel records’’ and inserting ‘‘travel records, and

21 computers used in the performance of government duties’’.

22 (b) COMPUTER DEFINED.—Section 804 of that Act (50

23 U.S.C. 438) is amended—

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

25 (6);
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1 (2) by striking the period at the end of para2 graph (7) and inserting ‘‘; and’’; and

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

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

5 magnetic, optical, electrochemical, or other high speed

6 data processing device performing logical, arithmetic,

7 or storage functions, and includes any data storage

8 facility or communications facility directly related to

9 or operating in conjunction with such device and any

10 data or other information stored or contained in such

11 device.’’.

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

13 procedures required by section 801(a)(3) of the National Se14 curity Act of 1947 to take into account the amendment to

15 that section made by subsection (a) of this section not later

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

17 SEC. 305. NATURALIZATION OF CERTAIN PERSONS AFFILI18 ATED WITH A COMMUNIST OR SIMILAR

19 PARTY.

20 Section 313 of the Immigration and Nationality Act

21 (8 U.S.C. 1424) is amended by adding at the end the fol22 lowing:

23 ‘‘(e) A person may be naturalized under this title with24 out regard to the prohibitions in subsections (a)(2) and (c)

25 of this section, if the person—
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1 ‘‘(1) is otherwise eligible for naturalization;

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

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

4 affiliation with, a party or organization described in

5 that subsection;

6 ‘‘(3) does not fall within any other of the classes

7 described in that subsection; and

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

9 Central Intelligence, the Attorney General, and the

10 Commissioner of Immigration and Naturalization to

11 have made a contribution to the national security or

12 to the national intelligence mission of the United

13 States.’’.

14 SEC. 306. FUNDING FOR INFRASTRUCTURE AND QUALITY

15 OF LIFE IMPROVEMENTS AT MENWITH HILL

16 AND BAD AIBLING STATIONS.

17 Section 506(b) of the Intelligence Authorization Act for

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

19 amended by section 502 of the Intelligence Authorization

20 Act for Fiscal Year 1998 (Public Law 105–107; 111 Stat.

21 2262), is further amended by striking ‘‘for fiscal years 1998

22 and 1999’’ and inserting ‘‘for fiscal years 2000 and 2001’’.

23 SEC. 307. TECHNICAL AMENDMENT.

24 Section 305(b)(2) of the Intelligence Authorization Act

25 for Fiscal Year 1997 (Public Law 104–293, 110 Stat. 3465;
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1 8 U.S.C. 1427 note) is amended by striking ‘‘subparagraph

2 (A), (B), (C), or (D) of section 243(h)(2) of such Act’’ and

3 inserting ‘‘clauses (i) through (iv) of section 241(b)(3)(B)

4 of such Act’’.

5 SEC. 308. SENSE OF THE CONGRESS ON CLASSIFICATION

6 AND DECLASSIFICATION.

7 It is the sense of Congress that the systematic declas8 sification of records of permanent historic value is in the

9 public interest and that the management of classification

10 and declassification by Executive Branch agencies requires

11 comprehensive reform and additional resources.

12 SEC. 309. DECLASSIFICATION OF INTELLIGENCE ESTIMATE

13 ON VIETNAM-ERA PRISONERS OF WAR AND

14 MISSING IN ACTION PERSONNEL AND CRIT15 ICAL ASSESSMENT OF ESTIMATE.

16 (a) DECLASSIFICATION.—Subject to subsection (b), the

17 Director of Central Intelligence shall declassify the fol18 lowing:

19 (1) National Intelligence Estimate 98–03 dated

20 April 1998 and entitled ‘‘Vietnamese Intentions, Ca21 pabilities, and Performance Concerning the POW/

22 MIA Issue’’.

23 (2) The assessment dated November 1998 and en24 titled ‘‘A Critical Assessment of National Intelligence

25 Estimate 98–03 prepared by the United States Chair-
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1 man of the Vietnam War Working Group of the

2 United States-Russia Joint Commission on POWs

3 and MIAs’’.

4 (b) LIMITATIONS.—The Director shall not declassify

5 any text contained in the estimate or assessment referred

6 to in subsection (a) which would—

7 (1) reveal intelligence sources and methods; or

8 (2) disclose by name the identity of a living for9 eign individual who has cooperated with United

10 States efforts to account for missing personnel from

11 the Vietnam era.

12 (c) DEADLINE.—The Director shall declassify the esti13 mate and assessment referred to in subsection (a) not later

14 than 30 days after the date of the enactment of this Act.

15 SEC. 310. SUBMITTAL TO CONGRESS OF LISTS ON CLASSI16 FIED INFORMATION REGARDING UNRE17 COVERED UNITED STATES PRISONERS OF

18 WAR AND OTHER PERSONNEL.

19 (a) REQUIREMENT.—(1) The head of each element of

20 the United States Government listed in section 101 shall

21 submit to the designated congressional committees a list of

22 all classified documents, files, and other materials under the

23 control of such element that pertain to the subject of United

24 States prisoners of war, missing in action personnel, or
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1 killed in action personnel whose remains have not been re2 covered and identified.

3 (2) Each list submitted under paragraph (1) shall—

4 (A) for each document, file, or other material

5 contained in the list—

6 (i) specify the date of the preparation or

7 dissemination of the document, file, or material;

8 (ii) specify the date or dates of any infor9 mation contained in the document, file, or mate10 rial; and

11 (iii) identify the subject matter of the docu12 ment, file, or material; and

13 (B) be organized in chronological order accord14 ing to the date of the preparation or dissemination of

15 the documents, files, or materials concerned.

16 (b) DEADLINE.—The lists required by subsection (a)

17 shall be submitted not later than 120 days after the date

18 of the enactment of this Act.

19 (c) ACCESS BY COMMITTEES AND MEMBERS OF CON20 GRESS.—A designated congressional committee shall, upon

21 request and in accordance with regulations of the committee

22 regarding protection of classified information, make avail23 able any list submitted to the committee under subsection

24 (a) to any Member of Congress or committee of Congress,

25 and to any staff member of a Member of Congress or com-
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1 mittee of Congress who possesses a security clearance appro2 priate for access to the list.

3 (d) DESIGNATED CONGRESSIONAL COMMITTEE DE4 FINED.—In this section, the term ‘‘designated congressional

5 committee’’ means the following:

6 (1) The Committee on Armed Services and the

7 Select Committee on Intelligence of the Senate.

8 (2) The Committee on Armed Services and the

9 Permanent Select Committee on Intelligence of the

10 House of Representatives.

11 SEC. 311. STUDY OF BACKGROUND CHECKS FOR EMPLOY12 EES OF THE DEPARTMENT OF ENERGY.

13 (a) STUDY OF BACKGROUND CHECK PRACTICES.—The

14 Secretary of Energy shall conduct a study comparing the

15 procedures used by the Department for conducting back16 ground checks of employees seeking access to classified infor17 mation with the procedures used by the Central Intelligence

18 Agency, the National Security Agency, the Federal Bureau

19 of Investigation, and other similar departments and agen20 cies of the Federal Government for conducting background

21 checks of such employees.

22 (b) REPORT.—Not later than 180 days after the date

23 of the enactment of this Act, the Secretary of Energy shall

24 submit to Congress a report on the study conducted under

25 subsection (a). The report shall include—
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1 (1) a discussion of the adequacy of the proce2 dures used by the Department for conducting back3 ground checks of employees seeking access to classified

4 information in light of the comparison required under

5 the study; and

6 (2) any other recommendations, including rec7 ommendations for legislative action, that the Sec8 retary considers appropriate.

9 SEC. 312. REPORT ON LEGAL STANDARDS APPLIED FOR

10 ELECTRONIC SURVEILLANCE.

11 (a) REPORT.—Not later than 60 days after the date

12 of the enactment of this Act, the Director of Central Intel13 ligence, the Director of the National Security Agency, and

14 the Attorney General shall jointly prepare, and the Director

15 of the National Security Agency shall submit to the appro16 priate congressional committees a report in classified and

17 unclassified form describing the legal standards employed

18 by elements of the intelligence community in conducting

19 signals intelligence activities, including electronic surveil20 lance.

21 (b) MATTERS SPECIFICALLY ADDRESSED.—The report

22 shall specifically include a statement of each of the following

23 legal standards:

24 (1) The legal standards for interception of com25 munications when such interception may result in the
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1 acquisition of information from a communication to

2 or from United States persons.

3 (2) The legal standards for intentional targeting

4 of the communications to or from United States per5 sons.

6 (3) The legal standards for receipt from non7 United States sources of information pertaining to

8 communications to or from United States persons.

9 (4) The legal standards for dissemination of in10 formation acquired through the interception of the

11 communications to or from United States persons.

12 (c) DEFINITION.—As used in this section:

13 (1) The term ‘‘intelligence community’’ has the

14 meaning given that term under section 3(4) of the

15 National Security Act of 1947 (50 U.S.C. 401a(4)).

16 (2) The term ‘‘United States persons’’ has the

17 meaning given such term under section 101(i) of the

18 Foreign Intelligence Surveillance Act of 1978 (50

19 U.S.C. 1801(i)).

20 (3) The term ‘‘appropriate congressional com21 mittees’’ means the Permanent Select Committee on

22 Intelligence and the Committee on the Judiciary of

23 the House of Representatives, and the Select Com24 mittee on Intelligence and the Committee on the Judi25 ciary of the Senate.
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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 SERVICES.—

6 Subsection (a) of section 21 of the Central Intelligence

7 Agency Act of 1949 (50 U.S.C. 403u) is amended by strik8 ing ‘‘and to other’’ and inserting ‘‘, nonappropriated fund

9 entities or instrumentalities associated or affiliated with the

10 Agency, and other’’.

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

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

14 follows:

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

16 damage to equipment or property of a central service

17 provider as a result of activities under the program.’’;

18 (2) by redesignating subparagraph (E) as sub19 paragraph (F); and

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

21 amended, the following new subparagraph (E):

22 ‘‘(E) Other receipts from the sale or exchange of

23 equipment or property of a central service provider as

24 a result of activities under the program.’’.
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1 (c) AVAILABILITY OF FEES.—Section (f)(2)(A) of that

2 section is amended by inserting ‘‘central service providers

3 and any’’ before ‘‘elements of the Agency’’.

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

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

6 inserting ‘‘March 31, 2005’’.

7 SEC. 402. EXTENSION OF CIA VOLUNTARY SEPARATION PAY

8 ACT.

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

10 Central Intelligence Agency Voluntary Separation Pay Act

11 (50 U.S.C. 403–4 note) is amended by striking ‘‘September

12 30, 1999’’ and inserting ‘‘September 30, 2000’’.

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

14 is amended by striking ‘‘or fiscal year 1999’’ and inserting

15 ‘‘, 1999, or 2000’’.

16 TITLE V—DEPARTMENT OF EN17 ERGY INTELLIGENCE ACTIVI18 TIES

19 SEC. 501. SHORT TITLE.

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

21 Sensitive Country Foreign Visitors Moratorium Act of

22 1999’’.

23 SEC. 502. MORATORIUM ON FOREIGN VISITORS PROGRAM.

24 (a) MORATORIUM.—The Secretary of Energy may not

25 admit to any classified facility of a national laboratory any
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1 individual who is a citizen of a nation that is named on

2 the current Department of Energy sensitive countries list.

3 (b) WAIVER AUTHORITY.—(1) The Secretary of Energy

4 may waive the prohibition in subsection (a) on a case-by5 case basis with respect to specific individuals whose admis6 sion to a national laboratory is determined by the Secretary

7 to be necessary for the national security of the United

8 States.

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

10 under paragraph (1), the Secretary shall submit to commit11 tees referred to in paragraph (4) a report in writing regard12 ing the waiver. The report shall identify each individual

13 for whom such a waiver was granted and, with respect to

14 each such individual, provide a detailed justification for the

15 waiver and the Secretary’s certification that the admission

16 of that individual to a national laboratory is necessary for

17 the national security of the United States.

18 (3) The authority of the Secretary under paragraph

19 (1) may not be delegated.

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

21 the following:

22 (A) The Committees on Armed Services, Appro23 priations, Commerce, and Energy and Natural Re24 sources and the Select Committee on Intelligence of

25 the Senate.
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1 (B) The Committees on Armed Services, Appro2 priations, Commerce, and Resources and the Perma3 nent Select Committee on Intelligence of the House of

4 Representatives.

5 SEC. 503. BACKGROUND CHECKS ON ALL FOREIGN VISI6 TORS TO NATIONAL LABORATORIES.

7 Before an individual who is a citizen of a foreign na8 tion is allowed to enter a national laboratory, the Secretary

9 of Energy shall require that a security clearance investiga10 tion (known as a ‘‘background check’’) be carried out on

11 that individual.

12 SEC. 504. REPORT TO CONGRESS.

13 (a) REPORT.—(1) The Director of Central Intelligence

14 and the Director of the Federal Bureau of Investigation

15 jointly shall submit to the committees referred to in sub16 section (c) a report on counterintelligence activities at the

17 national laboratories, including facilities and areas at the

18 national laboratories at which unclassified work is carried

19 out.

20 (2) The report shall include—

21 (A) a description of the status of counterintel22 ligence activities at each of the national laboratories;

23 (B) the net assessment produced under para24 graph (3); and
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1 (C) a recommendation as to whether or not sec2 tion 502 should be repealed.

3 (3)(A) A net assessment of the foreign visitors program

4 at the national laboratories shall be produced for purposes

5 of the report under this subsection and included in the re6 port under paragraph (2)(B).

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

8 individuals with expertise in intelligence, counterintel9 ligence, and nuclear weapons design matters.

10 (b) DEADLINE FOR SUBMITTAL.—The report required

11 by subsection (a) shall be submitted not later than 90 days

12 after the date of the enactment of this Act.

13 (c) COMMITTEES.—The committees referred to in this

14 subsection are the following:

15 (1) The Committees on Armed Services and Ap16 propriations and the Select Committee on Intelligence

17 of the Senate.

18 (2) The Committees on Armed Services and Ap19 propriations and the Permanent Select Committee on

20 Intelligence of the House of Representatives.

21 SEC. 505. DEFINITIONS.

22 In this title:

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

24 of the following:
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1 (A) The Lawrence Livermore National Lab2 oratory, Livermore, California.

3 (B) The Los Alamos National Laboratory,

4 Los Alamos, New Mexico.

5 (C) The Sandia National Laboratories, Al6 buquerque, New Mexico.

7 (2) The term ‘‘sensitive countries list’’ means the

8 list prescribed by the Secretary of Energy known as

9 the Department of Energy List of Sensitive Countries.

10 TITLE VI—FOREIGN COUNTER11 INTELLIGENCE AND INTER12 NATIONAL TERRORISM INVES13 TIGATIONS

14 SEC. 601. EXPANSION OF DEFINITION OF ‘‘AGENT OF A FOR15 EIGN POWER’’ FOR PURPOSES OF THE FOR16 EIGN INTELLIGENCE SURVEILLANCE ACT OF

17 1978.

18 Section 101(b)(2) of the Foreign Intelligence Surveil19 lance Act of 1978 (50 U.S.C. 1801(b)(2)) is amended—

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

21 end;

22 (2) by redesignating subparagraph (D) as sub23 paragraph (E); and

24 (3) by inserting after subparagraph (C) the fol25 lowing new subparagraph (D):
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1 ‘‘(D) knowingly enters the United States

2 under a false or fraudulent identity for or on be3 half of a foreign power or, while in the United

4 States, knowingly assumes a false or fraudulent

5 identity for or on behalf of a foreign power; or’’.

6 SEC. 602. FEDERAL BUREAU OF INVESTIGATION REPORTS

7 TO OTHER EXECUTIVE AGENCIES ON RE8 SULTS OF COUNTERINTELLIGENCE ACTIVI9 TIES.

10 Section 811(c)(2) of the Counterintelligence and Secu11 rity Enhancements Act of 1994 (title VIII of Public Law

12 103–359; 108 Stat. 3455; 50 U.S.C. 402a(c)(2)) is amended

13 by striking ‘‘after a report has been provided pursuant to

14 paragraph (1)(A)’’.

15 TITLE VII—BLOCKING ASSETS

16 OF MAJOR NARCOTICS TRAF17 FICKERS

18 SEC. 701. FINDING AND POLICY.

19 (a) FINDING.—Congress makes the following findings:

20 (1) Presidential Decision Directive 42, issued on

21 October 21, 1995, ordered agencies of the executive

22 branch of the United States Government to, inter

23 alia, increase the priority and resources devoted to the

24 direct and immediate threat international crime pre25 sents to national security, work more closely with
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1 other governments to develop a global response to this

2 threat, and use aggressively and creatively all legal

3 means available to combat international crime.

4 (2) Executive Order No. 12978 of October 21,

5 1995, provides for the use of the authorities in the

6 International Emergency Economic Powers Act

7 (IEEPA) to target and sanction four specially des8 ignated narcotics traffickers and their organizations

9 which operate from Colombia.

10 (b) POLICY.—It should be the policy of the United

11 States to impose economic and other financial sanctions

12 against foreign international narcotics traffickers and their

13 organizations worldwide.

14 SEC. 702. PURPOSE.

15 The purpose of this title is to provide for the use of

16 the authorities in the International Emergency Economic

17 Powers Act to sanction additional specially designated nar18 cotics traffickers operating worldwide.

19 SEC. 703. DESIGNATION OF CERTAIN FOREIGN INTER20 NATIONAL NARCOTICS TRAFFICKERS.

21 (a) PREPARATION OF LIST OF NAMES.—Not later than

22 January 1, 2000 and not later than January 1 of each year

23 thereafter, the Secretary of the Treasury, in consultation

24 with the Attorney General, Director of Central Intelligence,

25 Secretary of Defense, and Secretary of State, shall transmit
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1 to the President and to the Director of the Office of National

2 Drug Control Policy a list of those individuals who play

3 a significant role in international narcotics trafficking as

4 of that date.

5 (b) EXCLUSION OF CERTAIN PERSONS FROM LIST.—

6 (1) IN GENERAL.—Notwithstanding any other

7 provision of this section, the list described in sub8 section (a) shall not include the name of any indi9 vidual if the Director of Central Intelligence deter10 mines that the disclosure of that person’s role in

11 international narcotics trafficking could compromise

12 United States intelligence sources or methods. The Di13 rector of Central Intelligence shall advise the Presi14 dent when a determination is made to withhold an

15 individual’s identity under this subsection.

16 (2) REPORTS.—In each case in which the Direc17 tor of Central Intelligence has made a determination

18 under paragraph (1), the President shall submit a re19 port in classified form to the Select Committee on In20 telligence of the Senate and the Permanent Select

21 Committee on Intelligence of the House of Represent

22 setting forth the reasons for the determination.

23 (d) DESIGNATION OF INDIVIDUALS AS THREATS TO

24 THE UNITED STATES.—The President shall determine not

25 later than March 1 of each year whether or not to designate
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1 persons on the list transmitted to the President that year

2 as persons constituting an unusual and extraordinary

3 threat to the national security, foreign policy, and economy

4 of the United States. The President shall notify the Sec5 retary of the Treasury of any person designated under this

6 subsection. If the President determines not to designate any

7 person on such list as such a threat, the President shall

8 submit a report to Congress setting forth the reasons there9 fore.

10 (e) CHANGES IN DESIGNATIONS OF INDIVIDUALS.—

11 (1) ADDITIONAL INDIVIDUALS DESIGNATED.—If

12 at any time after March 1 of a year, but prior to

13 January 1 of the following year, the President deter14 mines that a person is playing a significant role in

15 international narcotics trafficking and has not been

16 designated under subsection (d) as a person consti17 tuting an unusual and extraordinary threat to the

18 national security, foreign policy, and economy of the

19 United States, the President may so designate the

20 person. The President shall notify the Secretary of the

21 Treasury of any person designated under this para22 graph.

23 (2) REMOVAL OF DESIGNATIONS OF INDIVID24 UALS.—Whenever the President determines that a

25 person designated under subsection (d) or paragraph
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1 (1) of this subsection no longer poses an unusual and

2 extraordinary threat to the national security, foreign

3 policy, and economy of the United States, the person

4 shall no longer be considered as designated under that

5 subsection.

6 (f) REFERENCES.—Any person designated under sub7 section (d) or (e) may be referred to in this Act as a ‘‘spe8 cially designated narcotics trafficker’’.

9 SEC. 704. BLOCKING ASSETS.

10 (a) FINDING.—Congress finds that a national emer11 gency exists with respect to any individual who is a spe12 cially designated narcotics trafficker.

13 (b) BLOCKING OF ASSETS.—Except to the extent pro14 vided in section 203(b) of the International Emergency Eco15 nomic Powers Act (50 U.S.C. 1702(b)) and in regulations,

16 orders, directives, or licenses that may be issued pursuant

17 to this Act, and notwithstanding any contract entered into

18 or any license or permit granted prior to the date of des19 ignation of a person as a specially designated narcotics

20 trafficker, there are hereby blocked all property and inter21 ests in property that are, or after that date come, within

22 the United States, or that are, or after that date come, with23 in the possession or control of any United States person,

24 of—

25 (1) any specially designated narcotics trafficker;
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1 (2) any person who materially and knowingly

2 assists in, provides financial or technological support

3 for, or provides goods or services in support of, the

4 narcotics trafficking activities of a specially des5 ignated narcotics trafficker; and

6 (3) any person determined by the Secretary of

7 the Treasury, in consultation with the Attorney Gen8 eral, Director of Central Intelligence, Secretary of De9 fense, and Secretary of State, to be owned or con10 trolled by, or to act for or on behalf of, a specially

11 designated narcotics trafficker.

12 (c) PROHIBITED ACTS.—Except to the extent provided

13 in section 203(b) of the International Emergency Economic

14 Powers Act or in any regulation, order, directive, or license

15 that may be issued pursuant to this Act, and notwith16 standing any contract entered into or any license or permit

17 granted prior to the effective date, the following acts are

18 prohibited:

19 (1) Any transaction or dealing by a United

20 States person, or within the United States, in prop21 erty or interests in property of any specially des22 ignated narcotics trafficker.

23 (2) Any transaction or dealing by a United

24 States person, or within the United States, that
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1 evades or avoids, has the purpose of evading or avoid2 ing, or attempts to violate, subsection (b).

3 (d) LAW ENFORCEMENT AND INTELLIGENCE ACTIVI4 TIES NOT AFFECTED.—Nothing in this section is intended

5 to prohibit or otherwise limit the authorized law enforce6 ment or intelligence activities of the United States, or the

7 law enforcement activities of any State or subdivision there8 of.

9 (e) IMPLEMENTATION.—The Secretary of the Treasury,

10 in consultation with the Attorney General, Director of Cen11 tral Intelligence, Secretary of Defense, and Secretary of

12 State, is authorized to take such actions, including the pro13 mulgation of rules and regulations, and to employ all pow14 ers granted to the President by the International Emer15 gency Economic Powers Act as may be necessary to carry

16 out this section. The Secretary of the Treasury may redele17 gate any of these functions to any other officer or agency

18 of the United States Government. Each agency of the

19 United States shall take all appropriate measures within

20 its authority to carry out this section.

21 (f) ENFORCEMENT.—Violations of licenses, orders, or

22 regulations under this Act shall be subject to the same civil

23 or criminal penalties as are provided by section 206 of the

24 International Emergency Economic Powers Act (50 U.S.C.
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1 1705) for violations of licenses, orders, and regulations

2 under that Act.

3 (g) DEFINITIONS.—In this section:

4 (1) ENTITY.—The term ‘‘entity’’ means a part5 nership, association, corporation, or other organiza6 tion, group or subgroup.

7 (2) NARCOTICS TRAFFICKING.—The term ‘‘nar8 cotics trafficking’’ means any activity undertaken il9 licitly to cultivate, produce, manufacture, distribute,

10 sell, finance, or transport, or otherwise assist, abet,

11 conspire, or collude with others in illicit activities re12 lating to, narcotic drugs, including, but not limited

13 to, heroin, methamphetamine and cocaine.

14 (3) PERSON.—The term ‘‘person’’ means an in15 dividual or entity.

16 (4) UNITED STATES PERSON.—The term ‘‘United

17 States person’’ means any United States citizen or

18 national, permanent resident alien, entity organized

19 under the laws of the United States (including foreign

20 branches), or any person in the United States.
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1 SEC. 705. DENIAL OF VISAS TO AND INADMISSIBILITY OF

2 SPECIALLY DESIGNATED NARCOTICS TRAF3 FICKERS.

4 (a) PROHIBITION.—The Secretary of State shall deny

5 a visa to, and the Attorney General may not admit to the

6 United States—

7 (1) any specially designated narcotics trafficker;

8 or

9 (2) any alien who the consular officer or the At10 torney General knows or has reason to believe—

11 (A) is a spouse or minor child of a specially

12 designated narcotics trafficker; or

13 (B) is a person described in paragraph (2)

14 or (3) of section 704(b).

15 (b) EXCEPTIONS.—Subsection (a) shall not apply—

16 (1) where the Secretary of State finds, on a case17 by-case basis, that the entry into the United States of

18 the person is necessary for medical reasons;

19 (2) upon the request of the Attorney General, Di20 rector of Central Intelligence, Secretary of the Treas21 ury, or the Secretary of Defense; or

22 (3) for purposes of the prosecution of a specially

23 designated narcotics trafficker.
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1 TITLE VIII—COMMISSION TO AS2 SESS THE BALLISTIC MISSILE

3 THREAT TO THE RUSSIAN

4 FEDERATION

5 SEC. 801. ESTABLISHMENT OF COMMISSION.

6 (a) ESTABLISHMENT.—There is hereby established a

7 commission to be known as the ‘‘Commission to Assess the

8 Ballistic Missile Threat to the Russian Federation’’ (herein9 after in this title referred to as the ‘‘Commission’’).

10 (b) COMPOSITION.—The Commission shall be composed

11 of nine members appointed by the Director of Central Intel12 ligence. In selecting individuals for appointment to the

13 Commission, the Director should consult with—

14 (1) the Speaker of the House of Representatives

15 concerning the appointment of three of the members

16 of the Commission;

17 (2) the majority leader of the Senate concerning

18 the appointment of three of the members of the Com19 mission; and

20 (3) the minority leader of the House of Rep21 resentatives and the minority leader of the Senate

22 concerning the appointment of three of the members

23 of the Commission.

24 (c) QUALIFICATIONS.—Members of the Commission

25 shall be appointed from among private United States citi-
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1 zens with knowledge and expertise in the political and mili2 tary aspects of proliferation of ballistic missiles and the bal3 listic missile threat to the Russian Federation.

4 (d) CHAIRMAN.—The Speaker of the House of Rep5 resentatives, after consultation with the majority leader of

6 the Senate and the minority leaders of the House of Rep7 resentatives and the Senate, shall designate one of the mem8 bers of the Commission to serve as chairman of the Commis9 sion.

10 (e) PERIOD OF APPOINTMENT; VACANCIES.—Members

11 shall be appointed for the life of the Commission. Any va12 cancy in the Commission shall be filled in the same manner

13 as the original appointment.

14 (f) SECURITY CLEARANCES.—All members of the Com15 mission shall hold appropriate security clearances.

16 (g) INITIAL ORGANIZATION REQUIREMENTS.—(1) All

17 appointments to the Commission shall be made not later

18 than 45 days after the date of the enactment of this Act.

19 (2) The Commission shall convene its first meeting not

20 later than 30 days after the date as of which all members

21 of the Commission have been appointed, but not earlier than

22 October 15, 1999.

23 SEC. 802. DUTIES OF COMMISSION.

24 (a) REVIEW OF BALLISTIC MISSILE THREAT.—The

25 Commission shall assess the nature and magnitude of the
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1 existing and emerging ballistic missile threat to the Russian

2 Federation.

3 (b) COOPERATION FROM GOVERNMENT OFFICIALS.—

4 In carrying out its duties, the Commission should receive

5 the full and timely cooperation of the Secretary of Defense,

6 the Director of Central Intelligence, and any other United

7 States Government official responsible for providing the

8 Commission with analyses, briefings, and other information

9 necessary for the fulfillment of its responsibilities.

10 SEC. 803. REPORT.

11 The Commission shall, not later than six months after

12 the date of its first meeting, submit to Congress a report

13 on its findings and conclusions.

14 SEC. 804. POWERS.

15 (a) HEARINGS.—The Commission or, at its direction,

16 any panel or member of the Commission, may, for the pur17 pose of carrying out the provisions of this title, hold hear18 ings, sit and act at times and places, take testimony, receive

19 evidence, and administer oaths to the extent that the Com20 mission or any panel or member considers advisable.

21 (b) INFORMATION.—The Commission may secure di22 rectly from the Department of Defense, the Central Intel23 ligence Agency, and any other Federal department or agen24 cy information that the Commission considers necessary to
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1 enable the Commission to carry out its responsibilities

2 under this title.

3 SEC. 805. COMMISSION PROCEDURES.

4 (a) MEETINGS.—The Commission shall meet at the

5 call of the Chairman.

6 (b) QUORUM.—(1) Five members of the Commission

7 shall constitute a quorum other than for the purpose of hold8 ing hearings.

9 (2) The Commission shall act by resolution agreed to

10 by a majority of the members of the Commission.

11 (c) COMMISSION.—The Commission may establish

12 panels composed of less than full membership of the Com13 mission for the purpose of carrying out the Commission’s

14 duties. The actions of each such panel shall be subject to

15 the review and control of the Commission. Any findings and

16 determinations made by such a panel shall not be consid17 ered the findings and determinations of the Commission un18 less approved by the Commission.

19 (d) AUTHORITY OF INDIVIDUALS TO ACT FOR COMMIS20 SION.—Any member or agent of the Commission may, if

21 authorized by the Commission, take any action which the

22 Commission is authorized to take under this title.
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1 SEC. 806. PERSONNEL MATTERS.

2 (a) PAY OF MEMBERS.—Members of the Commission

3 shall serve without pay by reason of their work on the Com4 mission.

5 (b) TRAVEL EXPENSES.—The members of the Commis6 sion shall be allowed travel expenses, including per diem

7 in lieu of subsistence, at rates authorized for employees of

8 agencies under subchapter I of chapter 57 of title 5, United

9 States Code, while away from their homes or regular places

10 of business in the performance of services for the Commis11 sion.

12 (c) STAFF.—(1) The chairman of the Commission

13 may, without regard to the provisions of title 5, United

14 States Code, governing appointments in the competitive

15 service, appoint a staff director and such additional per16 sonnel as may be necessary to enable the Commission to

17 perform its duties. The appointment of a staff director shall

18 be subject to the approval of the Commission.

19 (2) The chairman of the Commission may fix the pay

20 of the staff director and other personnel without regard to

21 the provisions of chapter 51 and subchapter III of chapter

22 53 of title 5, United States Code, relating to classification

23 of positions and General Schedule pay rates, except that

24 the rate of pay fixed under this paragraph for the staff di25 rector may not exceed the rate payable for level V of the

26 Executive Schedule under section 5316 of such title and the
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1 rate of pay for other personnel may not exceed the max2 imum rate payable for grade GS–15 of the General Sched3 ule.

4 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon re5 quest of the chairman of the Commission, the head of any

6 Federal department or agency may detail, on a non7 reimbursable basis, any personnel of that department or

8 agency to the Commission to assist it in carrying out its

9 duties.

10 (e) PROCUREMENT OF TEMPORARY AND INTERMIT11 TENT SERVICES.—The chairman of the Commission may

12 procure temporary and intermittent services under section

13 3109(b) of title 5, United States Code, at rates for individ14 uals which do not exceed the daily equivalent of the annual

15 rate of basic pay payable for level V of the Executive Sched16 ule under section 5316 of such title.

17 TITLE IX—AGENCY FOR

18 NUCLEAR STEWARDSHIP

19 SEC. 901. DEPARTMENT OF ENERGY NUCLEAR SECURITY.

20 (a) Section 202(a) of the Department of Energy Orga21 nization Act (referred to in this section as the ‘‘Act’’) is

22 amended by striking the second sentence and inserting ‘‘The

23 Secretary shall delegate to the Deputy Secretary such duties

24 as the Secretary may prescribe unless such delegation is oth25 erwise prohibited by law, and the Deputy Secretary shall
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1 act for and exercise the functions of the Secretary during

2 the absence or disability of the Secretary or in the event

3 the office of the Secretary becomes vacant.’’.

4 (b) Section 202(b) of the Act is amended by striking

5 the first two sentences and inserting ‘‘There shall be in the

6 Department two Under Secretaries and a General Counsel,

7 who shall be appointed by the President, by and with the

8 advice and consent of the Senate. One Under Secretary shall

9 be the Under Secretary for Nuclear Stewardship. The other

10 Under Secretary shall bear primary responsibility for

11 science, energy (including energy conservation), and envi12 ronmental functions.’’.

13 (c) After section 212 of the Act add the following new

14 section:

15 ‘‘AGENCY FOR NUCLEAR STEWARDSHIP

16 ‘‘SEC. 213(a) There shall be within the Department a

17 separately organized Agency for Nuclear Stewardship under

18 the direction, authority, and control of the Secretary, to be

19 headed by the Under Secretary for Nuclear Stewardship

20 who shall also serve as Director of the Agency.

21 ‘‘(b) The Under Secretary for Nuclear Stewardship

22 shall be a person who has an extensive background in na23 tional security, organizational management and appro24 priate technical fields, and is especially well qualified to

25 manage the nuclear weapons, nonproliferation and fissile
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1 materials disposition programs of the Department in a

2 manner that advances and protects the national security

3 of the United States.

4 ‘‘(c) The Secretary shall be responsible for all policies

5 of the Agency. The Under Secretary for Nuclear Steward6 ship shall report solely and directly to the Secretary and

7 shall be subject to the supervision and direction of the Sec8 retary. The Secretary shall have a staff adequate to fulfill

9 the responsibility to set policies throughout the Department

10 including establishing policies governing the Agency for Nu11 clear Stewardship. The Secretary’s staff, including but not

12 limited to the General Counsel and the Chief Financial Of13 ficer, shall assist the Secretary in the supervision of the de14 velopment and implementation of policies set forth by the

15 Secretary and shall advise the Secretary on the adequacy

16 of such development and implementation. The Secretary

17 may not delegate to any Department official, other than

18 the Deputy Secretary, the duty to supervise or direct the

19 Under Secretary for Nuclear Stewardship.

20 ‘‘(d) The Secretary may direct other officials of the De21 partment who are not within the Agency for Nuclear Stew22 ardship to review the Agency’s programs and to make rec23 ommendations to the Secretary regarding the administra24 tion of such programs, including consistency with other

25 similar programs and activities in the Department.
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1 ‘‘(e) The Secretary shall assign to the Under Secretary

2 for Nuclear Stewardship direct authority over and responsi3 bility for—

4 ‘‘(1) all programs and activities of the Depart5 ment related to its national security functions, in6 cluding nuclear weapons, nonproliferation and fissile

7 materials disposition; and

8 ‘‘(2) all activities at the Department’s national

9 security laboratories, and nuclear weapons production

10 facilities.

11 ‘‘(f) The Secretary shall assign to the Under Secretary

12 for Nuclear Stewardship direct authority over and responsi13 bility for all executive and administrative operations and

14 functions of the Agency for Nuclear Stewardship (except for

15 the authority and responsibility assigned to the Deputy Di16 rector for Naval Reactors), including but not limited to—

17 ‘‘(1) strategic management;

18 ‘‘(2) policy development and guidance;

19 ‘‘(3) budget formulation and guidance;

20 ‘‘(4) resource requirements determination and al21 location;

22 ‘‘(5) program direction;

23 ‘‘(6) safeguards and security;

24 ‘‘(7) emergency management;

25 ‘‘(8) integrated safety management;
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1 ‘‘(9) environment, safety, and health operations

2 (except those environmental remediation and nuclear

3 waste management activities and facilities that the

4 Secretary determines are best managed by other offi5 cials of the Department);

6 ‘‘(10) administration of contracts, including

7 those for the management and operation of the nu8 clear weapons production facilities and the national

9 security laboratories;

10 ‘‘(11) intelligence;

11 ‘‘(12) counterintelligence;

12 ‘‘(13) personnel, including their selection, ap13 pointment, distribution, supervision, fixing of com14 pensation, and separation;

15 ‘‘(14) procurement of services of experts and con16 sultants in accordance with section 3109 of title 5,

17 United States Code; and

18 ‘‘(15) legal matters.

19 ‘‘(g) There shall be within the Agency three Deputy

20 Directors, each of whom shall be appointed by the President,

21 by and with the advice and consent of the Senate, who shall

22 be compensated at the rate provided for at level IV of the

23 Executive Schedule under section 5315 of title 5 (except the

24 Deputy Director for Naval Reactors when an active duty
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1 naval officer). There shall be a Deputy Director for each

2 of the following functions—

3 ‘‘(1) defense programs;

4 ‘‘(2) nonproliferation and fissile materials dis5 position; and

6 ‘‘(3) naval reactors.

7 ‘‘(h) The Deputy Director for Naval Reactors shall re8 port to the Secretary of Energy through the Under Sec9 retary for Nuclear Stewardship and have direct access to

10 the Secretary and other senior officials of the Department,

11 and shall be assigned the responsibilities, authorities, and

12 accountability for all functions of the Office of Naval Reac13 tors as described by the reference in section 1634 of Public

14 Law 98–525. Except as specified in subsection (g) and this

15 subsection, all other provisions described by the reference

16 in section 1634 of Public Law 98–525 remain in full force

17 until changed by law.

18 ‘‘(i) There shall be within the Agency three offices, each

19 of which shall be administered by a Chief appointed by the

20 Under Secretary for Nuclear Stewardship. There shall be

21 a:

22 ‘‘(1) Chief of Nuclear Stewardship Counterintel23 ligence, who shall report to the Under Secretary and

24 implement the counterintelligence policies directed by

25 the Secretary and Under Secretary. The Chief of Nu-
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1 clear Stewardship Counterintelligence shall have di2 rect access to the Secretary and all other officials of

3 the Department and its contractors concerning coun4 terintelligence matters and shall be responsible for—

5 ‘‘(A) the development and implementation

6 of the Agency’s counterintelligence programs to

7 prevent the disclosure or loss of classified or

8 other sensitive information; and

9 ‘‘(B) the development and administration of

10 personnel assurance programs within the Agency

11 for Nuclear Stewardship.

12 ‘‘(2) Chief of Nuclear Stewardship Security, who

13 shall report to the Under Secretary and shall imple14 ment the security policies directed by the Secretary

15 and Under Secretary. The chief of Nuclear Steward16 ship Security shall have direct access to the Secretary

17 and all other officials of the Department and its con18 tractors concerning security matters and shall be re19 sponsible for the development and implementation of

20 security programs for the Agency including the pro21 tection, control and accounting of materials, and the

22 physical and cybersecurity for all facilities in the

23 Agency.

24 ‘‘(3) Chief of Nuclear Stewardship Intelligence,

25 who shall be a senior executive service employee of the
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1 Agency or an agency of the intelligence community

2 who shall report to the Under Secretary and shall

3 have direct access to the Secretary and all other offi4 cials of the Department and its contractors con5 cerning intelligence matters and shall be responsible

6 for all programs and activities of the Agency relating

7 to the analysis and assessment of intelligence with re8 spect to foreign nuclear weapons, materials, and other

9 nuclear matters in foreign nations.

10 ‘‘(j)(1) The Under Secretary shall, with the approval

11 of the Secretary and the Director of the Federal Bureau of

12 Investigation, designate the chief of Counterintelligence who

13 shall have special expertise in counterintelligence.

14 ‘‘(2) If such person is a Federal employee of an entity

15 other than the Agency, the service of such employee as Chief

16 shall not result in any loss of employment status, right, or

17 privilege by such employee.

18 ‘‘(k) All personnel of the Agency for Nuclear Steward19 ship, in carrying out any function of the Agency, shall be

20 responsible to, and subject to the supervision and direction

21 of, the Secretary and the Under Secretary for Nuclear Stew22 ardship or his designee within the Agency, and shall not

23 be responsible to, or subject to the supervision or direction

24 of, any other officer, employee, or agent of any other part

25 of the Department. Such supervision and direction of any
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1 Director or contract employee of a national security labora2 tory or of a nuclear weapons production facility shall not

3 interfere with communication to the Department, the Presi4 dent, or Congress, of technical findings or technical assess5 ments derived from, and in accord with, duly authorized

6 activities. The Under Secretary for Nuclear Stewardship

7 shall have responsibility and authority for, and may use,

8 an appropriate field structure for the programs and activi9 ties of the Agency.

10 ‘‘(l) The Under Secretary for Nuclear Stewardship

11 shall delegate responsibilities to the Deputy Directors except

12 that the responsibilities, authorities and accountability of

13 the Deputy Director for Naval Reactors are as described in

14 subsection (h).

15 ‘‘(m) The Directors of the national security labora16 tories and the heads of the nuclear weapons production fa17 cilities and the Nevada Test Site shall report, consistent

18 with their contractual obligations, directly to the Deputy

19 Director for Defense Programs.

20 ‘‘(n) The Under Secretary for Nuclear Stewardship

21 shall maintain within the Agency staff sufficient to imple22 ment the policies of the Secretary and Under Secretary for

23 Nuclear Stewardship for the Agency. At a minimum these

24 staff shall be responsible for—

25 ‘‘(1) personnel;
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1 ‘‘(2) legal services; and

2 ‘‘(3) financial management.

3 ‘‘(o)(1) The Secretary shall ensure that other programs

4 of the Department, other Federal agencies, and other appro5 priate entities continue to use the capabilities of the na6 tional security laboratories.

7 ‘‘(2) The Under Secretary, under the direction, author8 ity, and control of the Secretary, shall, consistent with the

9 effective discharge of the Agency’s responsibilities, make the

10 capabilities of the national security laboratories available

11 to the entities in paragraph (1) in a manner that continues

12 to provide direct programmatic control by such entities.

13 ‘‘(p)(1) Not later than March 1 of each year the Under

14 Secretary for Nuclear Stewardship shall submit through the

15 Secretary to the Director of Central Intelligence, the Direc16 tor of the Federal Bureau of Investigation, the Senate and

17 the House of Representatives, a report on the status and

18 effectiveness of the security and counterintelligence pro19 grams of the Agency for Nuclear Stewardship during the

20 preceding year.

21 ‘‘(2) The report shall provide information on—

22 ‘‘(A) the status and effectiveness of security and

23 counterintelligence programs at each nuclear weapons

24 production facility, national security laboratory, or
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1 any other facility or institution at which classified

2 nuclear weapons work is performed;

3 ‘‘(B) the adequacy of procedures and policies for

4 protecting national security information at each nu5 clear weapons production facility, national security

6 laboratory, or any other facility or institution at

7 which classified nuclear weapons work is performed;

8 ‘‘(C) whether each nuclear weapons production

9 facility, national security laboratory, or other facility

10 or institution at which classified nuclear weapons

11 work is performed is in full compliance with all secu12 rity and counterintelligence requirements, and if not

13 what measures are being taken or are in place to

14 bring such facility, laboratory, or institution into

15 compliance;

16 ‘‘(D) any significant violation of law, rule, regu17 lation, or other requirement relating to security or

18 counterintelligence at each nuclear weapons produc19 tion facility, national security laboratory, or any

20 other facility or institution at which classified nu21 clear weapons work is performed;

22 ‘‘(E) each foreign visitor or assignee, the na23 tional security laboratory, nuclear weapons produc24 tion facility, or other facility or institution at which

25 classified nuclear weapons work is performed, visited,
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1 the purpose and justification for the visit, the dura2 tion of the visit, whether the visitor or assignee had

3 access to classified or sensitive information or facili4 ties, and whether a background check was performed

5 on such visitor prior to such visit; and

6 ‘‘(F) such other matters and recommendations to

7 Congress as the Under Secretary deems appropriate.

8 ‘‘(3) Each report required by this subsection shall be

9 submitted in unclassified form, but may include a classified

10 annex.

11 ‘‘(4) Thirty days prior to the submission of the report

12 required by subsection (p)(1), but in any event no later

13 than February 1 of each year, the director of each Depart14 ment of Energy national security laboratory and nuclear

15 weapons production facility shall certify in writing to the

16 Under Secretary for Nuclear Stewardship whether that lab17 oratory or facility is in full compliance with all national

18 security information protection requirements. If the labora19 tory or facility is not in full compliance, the director of

20 the laboratory or facility shall report on why it is not in

21 compliance, what measures are being taken to bring it into

22 compliance, and when it will be in compliance.

23 ‘‘(q) The Under Secretary for Nuclear Stewardship

24 shall keep the Secretary, the Committees on Armed Services

25 of the Senate and House of Representatives, the Committee
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1 on Energy and Natural Resources of the Senate, the Com2 mittee on Governmental Affairs of the Senate, the Com3 mittee on Commerce of the House of Representatives, the

4 Select Committee on Intelligence of the Senate, and the Per5 manent Select Committee on Intelligence of the House of

6 Representatives fully and currently informed regarding any

7 actual or potential significant threat to, or loss of, national

8 security information, unless such information has already

9 been reported to the Senate Select Committee on Intelligence

10 and the House Permanent Select Committee on Intelligence

11 pursuant to the National Security Act of 1947, as amended.

12 ‘‘(r) Personnel of the Agency for Nuclear Stewardship

13 who have reason to believe that there is a problem, abuse,

14 violation of law or executive order, or deficiency relating

15 to the management of classified information shall promptly

16 report such problem, abuse, violation, or deficiency to the

17 Under Secretary for Nuclear Stewardship.

18 ‘‘(s)(1) The Under Secretary for Nuclear Stewardship

19 shall not be required to obtain the approval of any officer

20 or employee of the Department of Energy, except the Sec21 retary, or any officer or employee of any other Federal

22 agency or department for the preparation or delivery of any

23 report required by this section.

24 ‘‘(2) No officer or employee of the Department of En25 ergy or any other Federal agency or department may delay,
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1 deny, obstruct or otherwise interfere with the preparation

2 of any report required by this section.

3 ‘‘(t) For purposes of this section—

4 ‘‘(1) the term ‘personnel of the Agency for Nu5 clear Stewardship’ means each officer or employee

6 within the Department of Energy, and any officer or

7 employee of any contractor of the Department (pursu8 ant to the terms of the contract), whose—

9 ‘‘(A) responsibilities include carrying out a

10 function of the Agency for Nuclear Stewardship;

11 or

12 ‘‘(B) employment is funded primarily

13 under the—

14 ‘‘(i) Weapons Activities; or

15 ‘‘(ii) Nonproliferation, Fissile Mate16 rials Disposition or Naval Reactors por17 tions of the Other Defense Activities budget

18 functions of the Department;

19 ‘‘(2) the term ‘nuclear weapons production facil20 ity’ means the following facilities—

21 ‘‘(A) the Kansas City Plant, Kansas City,

22 Missouri;

23 ‘‘(B) the Pantex Plant, Amarillo, Texas;

24 ‘‘(C) the Y–12 Plant, Oak Ridge, Tennessee;
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1 ‘‘(D) the tritium operations facilities at the

2 Savannah River Site, Aiken, South Carolina;

3 ‘‘(E) the Nevada Test Site, Nevada; and

4 ‘‘(F) any other facility the Secretary des5 ignates.

6 ‘‘(3) the term ‘national security laboratory’

7 means the following laboratories—

8 ‘‘(A) the Los Alamos National Laboratory,

9 Los Alamos, New Mexico;

10 ‘‘(B) the Lawrence Livermore National Lab11 oratory, Livermore, California; and

12 ‘‘(C) the Sandia National Laboratories, Al13 buquerque, New Mexico, and Livermore, Cali14 fornia.

15 ‘‘(u) The Agency for Nuclear Stewardship shall comply

16 with all applicable environmental, safety, and health stat17 utes and substantive requirements. The Under Secretary for

18 Nuclear Stewardship shall develop procedures for meeting

19 such requirements. Nothing in this section shall diminish

20 the authority of the Secretary to ascertain and ensure that

21 such compliance occurs.

22 ‘‘(v) The Secretary shall be responsible for developing

23 and promulgating departmental security, counterintel24 ligence and intelligence policies, and may use his imme25 diate staff to assist him in developing and promulgating
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1 such policies. The Under Secretary for Nuclear Stewardship

2 is responsible for implementation of all security, counter3 intelligence and intelligence policies within the Agency for

4 Nuclear Stewardship. The Under Secretary for Nuclear

5 Stewardship may establish agency-specific policies unless

6 disapproved by the Secretary.

7 ‘‘(w) In addition to any personnel occupying senior8 level positions in the Department on the date of enactment

9 of this section, there shall be within the Agency not more

10 than 25 additional employees in senior-level positions, as

11 defined by title 5, United States Code, who shall be em12 ployed by the Agency for Nuclear Stewardship and who

13 shall perform such functions as the Under Secretary for Nu14 clear Stewardship shall prescribe from time to time.’’.

15 (d) Within 180 days of the date of enactment of this

16 Act, the Secretary shall report to the Senate and the House

17 of Representatives on the adequacy of the Department’s pro18 cedures and policies for protecting national security infor19 mation, including national security information at the De20 partment’s laboratories, nuclear weapons facilities and

21 other facilities, making such recommendations to Congress

22 as may be appropriate.

23 (e) The following technical and conforming amend24 ments are made:
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1 (1) Section 5314 of title 5, United States Code,

2 is amended by striking ‘‘Under Secretary, Depart3 ment of Energy’’ and inserting ‘‘Under Secretaries of

4 Energy (2), one of whom serves as the Director, Agen5 cy for Nuclear Stewardship’’.

6 (2) Section 202(b) of the Act is amended in the

7 third sentence by striking ‘‘Under Secretary’’ and in8 serting ‘‘Under Secretaries’’.

9 (3) Section 212 of the Act is amended by striking

10 subsection 212(b) and redesignating subsection 212(c)

11 as subsection 212(b).

12 (4) Section 309 of the Act is amended by striking

13 ‘‘Assistant Secretary to whom the Secretary has as14 signed the functions listed in section 203(a)(2)(E)’’

15 and inserting ‘‘Under Secretary for Nuclear Steward16 ship’’.

17 (5) The table of contents of the Act is amended

18 by inserting after the item relating to section 212 the

19 following new item:

‘‘Sec. 213. Agency for Nuclear Stewardship.’’.

Attest:

Secretary.
106TH CONGRESS

1ST SESSION H. R. 1555

AMENDMENT
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