H. R. 3694
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-eight
An Act
To authorize appropriations for fiscal year 1999 for intelligence and intelligence-
related activities of the United States Government, the Community Management
Account, and the Central Intelligence Agency Retirement and Disability System,
and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Intelligence
Authorization Act for Fiscal Year 1999’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follow:
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.
Sec. 105. Authorization of emergency supplemental appropriations for fiscal year
1998.
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. One-year extension of application of sanctions laws to intelligence activi-
ties.
Sec. 304. Sense of Congress on intelligence community contracting.
Sec. 305. Modification of national security education program.
Sec. 306. Requirement to direct competitive analysis of analytical products having
National importance.
Sec. 307. Annual reports to Congress.
Sec. 308. Quadrennial intelligence review.
Sec. 309. Designation of headquarters compound of Central Intelligence Agency as
the George Bush Center for Intelligence.
TITLE IV—CENTRAL INTELLIGENCE AGENCY
Sec. 401. Enhanced protective authority for CIA personnel and family members.
Sec. 402. Authority for retroactive payment of specified special pay allowance.
Sec. 403. Technical amendments.
TITLE V—DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
Sec. 501. Extension of authority to engage in commercial activities as security for
intelligence collection activities.
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TITLE VI—FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM
INVESTIGATIONS
Sec. 601. Pen registers and trap and trace devices in foreign intelligence and inter-
national terrorism investigations.
Sec. 602. Access to certain business records for foreign intelligence and inter-
national terrorism investigations.
Sec. 603. Conforming and clerical amendments.
Sec. 604. Wire and electronic communications interception requirements.
Sec. 605. Authority of Attorney General to accept voluntary services.
TITLE VII—WHISTLEBLOWER PROTECTION FOR INTELLIGENCE
COMMUNITY EMPLOYEES REPORTING URGENT CONCERNS TO CONGRESS
Sec. 701. Short title; findings.
Sec. 702. Protection of intelligence community employees who report urgent
concerns to Congress.
TITLE I—INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
1999 for the conduct of the intelligence and intelligence-related
activities of the following elements of the United States Govern-
ment:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the Department of the
Navy, and the Department of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The National Reconnaissance Office.
(11) The National Imagery and Mapping Agency.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL CEILINGS.—
The amounts authorized to be appropriated under section 101,
and the authorized personnel ceilings as of September 30, 1999,
for the conduct of the intelligence and intelligence-related activities
of the elements listed in such section, are those specified in the
classified Schedule of Authorizations prepared to accompany the
conference report on the bill H.R. 3694 of the 105th Congress.
(b) AVAILABILITY
OF CLASSIFIED SCHEDULE
OF AUTHORIZA-
TIONS.—The Schedule of Authorizations shall be made available
to the Committees on Appropriations of the Senate and House
of Representatives and to the President. The President shall provide
for suitable distribution of the Schedule, or of appropriate portions
of the Schedule, within the Executive Branch.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) AUTHORITY FOR ADJUSTMENTS.—With the approval of the
Director of the Office of Management and Budget, the Director
of Central Intelligence may authorize employment of civilian person-
nel in excess of the number authorized for fiscal year 1999 under
section 102 when the Director of Central Intelligence determines
that such action is necessary to the performance of important
intelligence functions, except that the number of personnel
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employed in excess of the number authorized under such section
may not, for any element of the intelligence community, exceed
2 percent of the number of civilian personnel authorized under
such section for such element.
(b) NOTICE
TO INTELLIGENCE COMMITTEES.—The Director of
Central Intelligence shall promptly notify the Permanent Select
Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate upon an exercise
of the authority granted by this section.
SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated for the Community Management Account of
the Director of Central Intelligence for fiscal year 1999 the sum
of $129,123,000. Within such amount, funds identified in the classi-
fied Schedule of Authorizations referred to in section 102(a) for
the Advanced Research and Development Committee and the
Advanced Technology Group shall remain available until September
30, 2000.
(b) AUTHORIZED PERSONNEL LEVELS.—The elements within the
Community Management Account of the Director of Central Intel-
ligence are authorized 283 full-time personnel as of September
30, 1999. Personnel serving in such elements may be permanent
employees of the Community Management Staff or personnel
detailed from other elements of the United States Government.
(c) CLASSIFIED AUTHORIZATIONS.—
(1) AUTHORIZATION
OF
APPROPRIATIONS.—In addition to
amounts authorized to be appropriated for the Community
Management Account by subsection (a), there is also authorized
to be appropriated for the Community Management Account
for fiscal year 1999 such additional amounts as are specified
in the classified Schedule of Authorizations referred to in sec-
tion 102(a). Such additional amounts shall remain available
until September 30, 2000.
(2) AUTHORIZATION
OF
PERSONNEL.—In addition to the
personnel authorized by subsection (b) for elements of the
Community Management Account as of September 30, 1999,
there is authorized such additional personnel for such elements
as of that date as is specified in the classified Schedule of
Authorizations.
(d) REIMBURSEMENT.—Except as provided in section 113 of the
National Security Act of 1947 (50 U.S.C. 404h), during fiscal year
1999, any officer or employee of the United States or member
of the Armed Forces who is detailed to the staff of an element
within the Community Management Account from another element
of the United States Government shall be detailed on a reimburs-
able basis, except that any such officer, employee, or member may
be detailed on a nonreimbursable basis for a period of less than
1 year for the performance of temporary functions as required
by the Director of Central Intelligence.
(e) NATIONAL DRUG INTELLIGENCE CENTER.—
(1) IN GENERAL.—Of the amount appropriated pursuant
to the authorization in subsection (a), the amount of
$27,000,000 shall be available for the National Drug Intel-
ligence Center. Within such amount, funds provided for
research, development, test, and evaluation purposes shall
remain available until September 30, 2000, and funds provided
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for procurement purposes shall remain available until Septem-
ber 30, 2001.
(2) TRANSFER OF FUNDS.—The Director of Central Intel-
ligence shall transfer to the Attorney General of the United
States funds available for the National Drug Intelligence Center
under paragraph (1). The Attorney General shall utilize funds
so transferred for the activities of the National Drug Intel-
ligence Center.
(3) LIMITATION.—Amounts available for the National Drug
Intelligence Center may not be used in contravention of the
provisions of section 103(d)(1) of the National Security Act
of 1947 (50 U.S.C. 403–3(d)(1)).
(4) AUTHORITY.—Notwithstanding any other provision of
law, the Attorney General shall retain full authority over the
operations of the National Drug Intelligence Center.
(f ) TRANSFER AUTHORITY FOR FUNDS FOR SECURITY REQUIRE-
MENTS AT OVERSEAS LOCATIONS.—
(1) IN GENERAL.—Of the amount appropriated pursuant
to the authorization in subsection (a), the Director of Central
Intelligence may transfer funds to departments or other agen-
cies for the sole purpose of supporting certain intelligence
community security requirements at overseas locations, as
specified by the Director.
(2) LIMITATION.—Amounts made available for departments
or agencies under paragraph (1) shall be—
(A) transferred to the specific appropriation;
(B) allocated to the specific account in the specific
amount, as determined by the Director;
(C) merged with funds in such account that are avail-
able for architectural and engineering support expenses
at overseas locations; and
(D) available only for the same purposes, and subject
to the same terms and conditions, as the funds described
in subparagraph (C).
SEC. 105. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPRO-
PRIATIONS FOR FISCAL YEAR 1998.
(a) AUTHORIZATION.—Amounts authorized to be appropriated
for fiscal year 1998 under section 101 of the Intelligence Authoriza-
tion Act for Fiscal Year 1998 (Public Law 105–107) for the conduct
of the intelligence activities of elements of the United States
Government listed in such section are hereby increased, with respect
to any such authorized amount, by the amount by which appropria-
tions pursuant to such authorization were increased by the
following:
(1) An emergency supplemental appropriation in title I
of the 1998 Supplemental Appropriations and Rescissions Act
(Public Law 105–174).
(2) An emergency supplemental appropriation in a supple-
mental appropriations Act for fiscal year 1998 that is enacted
after September 28, 1998, for such amounts as are designated
by Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(b)(2)(A)).
(b) RATIFICATION.—For purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414), any obligation or expenditure
of those amounts deemed to have been specifically authorized by
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Congress in the Act referred to in subsection (a)(1) and in the
supplemental appropriations Act referred to in subsection (a)(2)
is hereby ratified and confirmed.
TITLE 
II—CENTRAL 
INTELLIGENCE
AGENCY RETIREMENT AND DISABIL-
ITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intel-
ligence Agency Retirement and Disability Fund for fiscal year 1999
the sum of $201,500,000.
TITLE III—GENERAL PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this Act for salary, pay, retire-
ment, and other benefits for Federal employees may be increased
by such additional or supplemental amounts as may be necessary
for increases in such compensation or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be
deemed to constitute authority for the conduct of any intelligence
activity which is not otherwise authorized by the Constitution or
the laws of the United States.
SEC. 303. ONE-YEAR EXTENSION OF APPLICATION OF SANCTIONS LAWS
TO INTELLIGENCE ACTIVITIES.
Section 905 of the National Security Act of 1947 (50 U.S.C.
441d) is amended by striking out ‘‘January 6, 1999’’ and inserting
in lieu thereof ‘‘January 6, 2000’’.
SEC. 304. SENSE OF CONGRESS ON INTELLIGENCE COMMUNITY
CONTRACTING.
It is the sense of Congress that the Director of Central Intel-
ligence should continue to direct that elements of the intelligence
community, whenever compatible with the national security
interests of the United States and consistent with operational and
security concerns related to the conduct of intelligence activities,
and where fiscally sound, should competitively award contracts
in a manner that maximizes the procurement of products properly
designated as having been made in the United States.
SEC. 
305. 
MODIFICATION 
OF 
NATIONAL 
SECURITY 
EDUCATION
PROGRAM.
(a) ASSISTANCE
FOR COUNTERPROLIFERATION STUDIES.—The
David L. Boren National Security Education Act of 1991 (50 U.S.C.
1901 et seq.) is amended as follows:
(1) Section 801 (50 U.S.C. 1901) is amended by inserting
‘‘counterproliferation studies,’’ after ‘‘area studies,’’ in sub-
sections (b)(7) and (c)(2).
(2) Section 802 (50 U.S.C. 1902) is amended—
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(A) in subsection (a), by inserting ‘‘counterproliferation
studies,’’ after ‘‘area studies,’’ in paragraphs (1)(B)(i), (1)(C),
and (4); and
(B) 
in 
subsection 
(b)(2), 
by 
inserting
‘‘counterproliferation study,’’ after ‘‘area study,’’ in subpara-
graphs (A)(ii) and (B)(ii).
(3) Section 803 (50 U.S.C. 1903) is amended by striking
out ‘‘and area’’ in subsections (b)(8) and (d)(4) and inserting
in lieu thereof ‘‘area, and counterproliferation’’.
(4) Section 806(b)(1) (50 U.S.C. 1906(b)(1)) is amended by
striking out ‘‘and area’’ and inserting in lieu thereof ‘‘area,
and counterproliferation’’.
(b) 
REVISION
OF
MEMBERSHIP
OF
NATIONAL
SECURITY EDUCATION BOARD.—Section 803(b)(6) of such Act (50
U.S.C. 1903(b)(6)) is amended to read as follows:
‘‘(6) The Secretary of Energy.’’.
SEC. 306. REQUIREMENT TO DIRECT COMPETITIVE ANALYSIS OF
ANALYTICAL PRODUCTS HAVING NATIONAL IMPOR-
TANCE.
Section 102(g)(2) of the National Security Act of 1947 (50 U.S.C.
403(g)(2)) is amended—
(1) by redesignating subparagraphs (D) and (E) as subpara-
graphs (E) and (F), respectively; and
(2) by inserting after subparagraph (C) the following new
subparagraph (D):
‘‘(D) direct competitive analysis of analytical products
having National importance;’’.
SEC. 307. ANNUAL REPORTS TO CONGRESS.
(a) ADDITIONAL ANNUAL REPORTS FROM THE DIRECTOR OF CEN-
TRAL INTELLIGENCE.—Title I of the National Security Act of 1947
(50 U.S.C. 401 et seq.) is amended by adding at the end the
following new section:
‘‘ADDITIONAL ANNUAL REPORTS FROM THE DIRECTOR OF CENTRAL
INTELLIGENCE
‘‘SEC. 114. (a) REPORT ON INTELLIGENCE COMMUNITY COOPERA-
TION WITH FEDERAL LAW ENFORCEMENT AGENCIES.—(1) Not later
than December 31 of each year, the Director of Central Intelligence
shall submit to the congressional intelligence committees and the
congressional leadership a report describing the nature and extent
of cooperation and assistance provided by the intelligence commu-
nity to Federal law enforcement agencies with respect to efforts
to stop the illegal importation into the United States of controlled
substances (as that term is defined in section 102(6) of the Con-
trolled Substances Act (21 U.S.C. 802(6)) that are included in sched-
ule I or II under part B of such Act.
‘‘(2) Each such report shall include a discussion of the following:
‘‘(A) Illegal importation of such controlled substances
through transit zones such as the Caribbean Sea and across
the Southwest and northern borders of the United States.
‘‘(B) Methodologies used for such illegal importation.
‘‘(C) Additional routes used for such illegal importation.
‘‘(D) Quantities of such controlled substances transported
through each route.