[105th Congress Public Law 107]
[From the U.S. Government Printing Office]
[[Page 2247]]
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1998
[[Page 111 STAT. 2248]]
Public Law 105-107
105th Congress
An Act
To authorize appropriations for fiscal year 1998 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. <<NOTE: Nov.
20, 1997 - [S. 858]>>
Be it enacted by the Senate and <<NOTE: Intelligence Authorization
Act for Fiscal Year 1998.>> 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 1998''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL PROVISIONS
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Detail of intelligence community personnel.
Sec. 304. Extension of application of sanctions laws to intelligence
activities.
Sec. 305. Sense of Congress on intelligence community contracting.
Sec. 306. Sense of Congress on receipt of classified information.
Sec. 307. Provision of information on certain violent crimes abroad to
victims and victims' families.
Sec. 308. Annual reports on intelligence activities of the People's
Republic of China.
Sec. 309. Standards for spelling of foreign names and places and for use
of geographic coordinates.
Sec. 310. Review of studies on chemical weapons in the Persian Gulf
during the Persian Gulf War.
Sec. 311. Amendments to Fair Credit Reporting Act.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
Sec. 401. Multiyear leasing authority.
Sec. 402. Subpoena authority for the Inspector General of the Central
Intelligence Agency.
Sec. 403. CIA central services program.
Sec. 404. Protection of CIA facilities.
Sec. 405. Administrative location of the Office of the Director of
Central Intelligence.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
Sec. 501. Authority to award academic degree of Bachelor of Science in
Intelligence.
[[Page 111 STAT. 2249]]
Sec. 502. Funding for infrastructure and quality of life improvements at
Menwith Hill and Bad Aibling stations.
Sec. 503. Unauthorized use of name, initials, or seal of National
Reconnaissance Office.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 1998
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The Drug Enforcement Administration.
(11) The National Reconnaissance Office.
(12) 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, 1998, 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
S. 858 of the One Hundred Fifth Congress.
(b) Availability of Classified Schedule of Authorizations.--The
Schedule of Authorizations shall be made available to the Committees on
Appropriations of the Senate and House of Representatives and to the
President. The President shall provide for suitable distribution of the
Schedule, or of appropriate portions of the Schedule, within the
Executive Branch.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Adjustments.--With the approval of the Director of
the Office of Management and Budget, the Director of Central
Intelligence may authorize employment of civilian personnel in excess of
the number authorized for fiscal year 1998 under section 102 when the
Director of Central Intelligence determines that such action is
necessary to the performance of important intelligence functions, except
that the number of personnel employed in excess of the number authorized
under such section may not, for any element of the intelligence
community, exceed two percent of the number of civilian personnel
authorized under such section for such element.
(b) Notice to Intelligence Committees.--The Director of Central
Intelligence shall promptly notify the Permanent Select Committee on
Intelligence of the House of Representatives and
[[Page 111 STAT. 2250]]
the Select Committee on Intelligence of the Senate whenever the Director
exercises the authority granted by this section.
SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--
(1) Authorization.--There is authorized to be appropriated
for the Community Management Account of the Director of Central
Intelligence for fiscal year 1998 the sum of $121,580,000.
(2) Availability of certain funds.--Within such amount,
funds identified in the classified Schedule of Authorizations
referred to in section 102(a) for the Advanced Research and
Development Committee and the Environmental Intelligence and
Applications Program shall remain available until September 30,
1999.
(b) Authorized Personnel Levels.--The elements within the Community
Management Account of the Director of Central Intelligence are
authorized a total of 283 full-time personnel as of September 30, 1998.
Personnel serving in such elements may be permanent employees of the
Community Management Account element or personnel detailed from other
elements of the United States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to amounts
authorized to be appropriated for the Community Management
Account by subsection (a), there is also authorized to be
appropriated for the Community Management Account for fiscal
year 1998 such additional amounts as are specified in the
classified Schedule of Authorizations referred to in section
102(a).
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Community Management Account as of September 30, 1998, there is
hereby authorized such additional personnel for such elements as
of that date as is specified in the classified Schedule of
Authorizations.
(d) Reimbursement.--Except as provided in section 113 of the
National Security Act of 1947 (as added by section 303 of this Act),
during fiscal year 1998, any officer or employee of the United States or
member of the Armed Forces who is detailed to the staff of an element
within the Community Management Account from another element of the
United States Government shall be detailed on a reimbursable basis,
except that any such officer, employee, or member may be detailed on a
nonreimbursable basis for a period of less than one year for the
performance of temporary functions as required by the Director of
Central Intelligence.
(e) National Drug Intelligence Center.-- <<NOTE: 21 USC 873 note.>>
(1) In general.--Of the amount authorized to be appropriated
in subsection (a), the amount of $27,000,000 shall be available
for the National Drug Intelligence Center. Within such amount,
funds provided for research, development, test, and evaluation
purposes shall remain available until September 30, 1999, and
funds provided for procurement purposes shall remain available
until September 30, 2000.
(2) Transfer of funds.--The Director of Central Intelligence
shall transfer to the Attorney General of the United States
funds available for the National Drug Intelligence Center
[[Page 111 STAT. 2251]]
under paragraph (1). The Attorney General shall utilize funds so
transferred for the activities of the Center.
(3) Limitation.--Amounts available for the 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 Center.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 1998 the sum of
$196,900,000.
TITLE III--GENERAL PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this Act for salary, pay, retirement,
and other benefits for Federal employees may be increased by such
additional or supplemental amounts as may be necessary for increases in
such compensation or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be deemed
to constitute authority for the conduct of any intelligence activity
which is not otherwise authorized by the Constitution or the laws of the
United States.
SEC. 303. DETAIL OF INTELLIGENCE COMMUNITY PERSONNEL.
(a) In General.--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:
``detail of intelligence community personnel--intelligence community
assignment program
``Sec. 113. <<NOTE: 50 USC 404h.>> (a) Detail.--(1) Notwithstanding
any other provision of law, the head of a department with an element in
the intelligence community or the head of an intelligence community
agency or element may detail any employee within that department,
agency, or element to serve in any position in the Intelligence
Community Assignment Program on a reimbursable or a nonreimbursable
basis.
``(2) Nonreimbursable details may be for such periods as are agreed
to between the heads of the parent and host agencies, up to a maximum of
three years, except that such details may be extended for a period not
to exceed one year when the heads of the parent and host agencies
determine that such extension is in the public interest.
[[Page 111 STAT. 2252]]
``(b) Benefits, Allowances, Travel, Incentives.--An employee
detailed under subsection (a) may be authorized any benefit, allowance,
travel, or incentive otherwise provided to enhance staffing by the
organization from which the employee is detailed.
``(c) Annual Report.--Not later than March 1, 1999, and annually
thereafter, the Director of Central Intelligence shall submit to the
Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the Senate a
report describing the detail of intelligence community personnel
pursuant to subsection (a) during the 12-month period ending on the date
of the report. The report shall set forth the number of personnel
detailed, the identity of parent and host agencies or elements, and an
analysis of the benefits of the details.''.
(b) Technical Amendment.--Sections 120, 121, and 110 of the National
Security Act of 1947 <<NOTE: 50 USC 404e, 404f, 404d-1, 404g.>> are
hereby redesignated as sections 110, 111, and 112, respectively.
(c) Clerical Amendment.--The table of contents in the first section
of such Act is amended by striking out the items relating to sections
120, 121, and 110 and inserting in lieu thereof the following:
``Sec. 110. National mission of National Imagery and Mapping Agency.
``Sec. 111. Collection tasking authority.
``Sec. 112. Restrictions on intelligence sharing with the United
Nations.
``Sec. 113. Detail of intelligence community personnel--intelligence
community assignment program.''.
(d) <<NOTE: 50 USC 404h note.>> Effective Date.--The amendment made
by subsection (a) shall apply to an employee on detail on or after
January 1, 1997.
SEC. 304. 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, 1998'' and inserting in lieu
thereof ``January 6, 1999''.
SEC. 305. SENSE OF CONGRESS ON INTELLIGENCE COMMUNITY CONTRACTING.
It is the sense of Congress that the Director of Central
Intelligence 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. 306. SENSE OF CONGRESS ON RECEIPT OF CLASSIFIED INFORMATION.
It is the sense of Congress that Members of Congress have equal
standing with officials of the Executive Branch to receive classified
information so that Congress may carry out its oversight
responsibilities under the Constitution.
SEC. 307. <<NOTE: 22 USC 2715a.>> PROVISION OF INFORMATION ON
CERTAIN VIOLENT CRIMES ABROAD TO VICTIMS
AND VICTIMS' FAMILIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is in the national interests of the United States to
provide information regarding the killing, abduction, torture,
[[Page 111 STAT. 2253]]
or other serious mistreatment of United States citizens abroad
to the victims of such crimes, or the families of victims of
such crimes if they are United States citizens; and
(2) the provision of such information is sufficiently
important that the discharge of the responsibility for
identifying and disseminating such information should be vested
in a cabinet-level officer of the United States Government.
(b) Responsibility.--The Secretary of State shall take appropriate
actions to ensure that the United States Government takes all
appropriate actions to--
(1) identify promptly information (including classified
information) in the possession of the departments and agencies
of the United States Government regarding the killing,
abduction, torture, or other serious mistreatment of United
States citizens abroad; and
(2) subject to subsection (c), promptly make such
information available to--
(A) the victims of such crimes; or
(B) when appropriate, the family members of the
victims of such crimes if such family members are United
States citizens.
(c) Limitations.--The Secretary shall work with the heads of
appropriate departments and agencies of the United States Government in
order to ensure that information relevant to a crime covered by
subsection (b) is promptly reviewed and, to the maximum extent
practicable, without jeopardizing sensitive sources and methods or other
vital national security interests, or without jeopardizing an on-going
criminal investigation or proceeding, made available under that
subsection unless such disclosure is specifically prohibited by law.
SEC. 308. <<NOTE: 50 USC 402a note.>> ANNUAL REPORTS ON
INTELLIGENCE ACTIVITIES OF THE PEOPLE'S
REPUBLIC OF CHINA.
(a) Report to Congress.--Not later than 90 days after the date of
enactment of this Act and annually thereafter, the Director of Central
Intelligence and the Director of the Federal Bureau of Investigation,
jointly and in consultation with the heads of other appropriate Federal
agencies, including the National Security Agency and the Departments of
Defense, Justice, Treasury, and State, shall prepare and transmit to
Congress a report on intelligence activities of the People's Republic of
China directed against or affecting the interests of the United States.
(b) Delivery of Report.--The Director of Central Intelligence and
the Director of the Federal Bureau of Investigation shall jointly
transmit classified and unclassified versions of the report to the
Speaker and Minority leader of the House of Representatives, the
Majority and Minority leaders of the Senate, the Chairman and Ranking
Member of the Permanent Select Committee on Intelligence of the House of
Representatives, and the Chairman and Vice-Chairman of the Select
Committee on Intelligence of the Senate.
SEC. 309. <<NOTE: 50 USC 403-3 note.>> STANDARDS FOR SPELLING OF
FOREIGN NAMES AND PLACES AND FOR USE OF
GEOGRAPHIC COORDINATES.
(a) Survey of Current Standards.--
(1) Survey.--The Director of Central Intelligence shall
carry out a survey of current standards for the spelling of
foreign names and places, and the use of geographic coordinates
[[Page 111 STAT. 2254]]
for such places, among the elements of the intelligence
community.
(2) Report.--Not later than 90 days after the date of
enactment of this Act, the Director shall submit to the
congressional intelligence committees a report on the survey
carried out under paragraph (1). The report shall be submitted
in unclassified form, but may include a classified annex.
(b) Guidelines.--
(1) Issuance.--Not later than 180 days after the date of
enactment of this Act, the Director shall issue guidelines to
ensure the use of uniform spelling of foreign names and places
and the uniform use of geographic coordinates for such places.
The guidelines shall apply to all intelligence reports,
intelligence products, and intelligence databases prepared and
utilized by the elements of the intelligence community.
(2) Basis.--The guidelines under paragraph (1) shall, to the
maximum extent practicable, be based on current United States
Government standards for the transliteration of foreign names,
standards for foreign place names developed by the Board on
Geographic Names, and a standard set of geographic coordinates.
(3) Submittal to congress.--The Director shall submit a copy
of the guidelines to the congressional intelligence committees.
(c) Congressional Intelligence Committees Defined.--In this section,
the term ``congressional intelligence committees'' means the following:
(1) The Select Committee on Intelligence of the Senate.
(2) The Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 310. REVIEW OF STUDIES ON CHEMICAL WEAPONS IN THE PERSIAN
GULF DURING THE PERSIAN GULF WAR.
(a) Review.--
(1) In general.--Not later than May 31, 1998, the Inspector
General of the Central Intelligence Agency shall complete a
review of the studies conducted by the Federal Government
regarding the presence, use, or destruction of chemical weapons
in the Persian Gulf theater of operations during the Persian
Gulf War.
(2) Purpose.--The purpose of the review is to identify any
additional investigation or research that may be necessary--
(A) to determine fully and completely the extent of
Central Intelligence Agency knowledge of the presence,
use, or destruction of such weapons in that theater of
operations during that war; and
(B) with respect to any other issue relating to the
presence, use, or destruction of such weapons in that
theater of operations during that war that the Inspector
General considers appropriate.
(b) Report on Review.--
(1) Requirement.--Upon the completion of the review, the
Inspector General shall submit to the Select Committee on
Intelligence of the Senate and the Permanent Select Committee on
Intelligence of the House of Representatives a report on
[[Page 111 STAT. 2255]]
the results of the review. The report shall include such
recommendations for additional investigations or research as the
Inspector General considers appropriate.
(2) Form.--The report shall be submitted in unclassified
form, but may include a classified annex.
SEC. 311. AMENDMENTS TO FAIR CREDIT REPORTING ACT.
(a) Exception to Consumer Disclosure Requirement.--Section 604(b) of
the Fair Credit Reporting Act (15 U.S.C. 1681b(b)) (as amended by
chapter 1 of subtitle D of the Economic Growth and Regulatory Paperwork
Reduction Act of 1996) is amended by adding at the end the following new
paragraph:
``(4) Exception for national security investigations.--
``(A) In general.--In the case of an agency or
department of the United States Government which seeks
to obtain and use a consumer report for employment
purposes, paragraph (3) shall not apply to any adverse
action by such agency or department which is based in
part on such consumer report, if the head of such agency
or department makes a written finding that--
``(i) the consumer report is relevant to a
national security investigation of such agency or
department;
``(ii) the investigation is within the
jurisdiction of such agency or department;
``(iii) there is reason to believe that
compliance with paragraph (3) will--
``(I) endanger the life or physical
safety of any person;
``(II) result in flight from
prosecution;
``(III) result in the destruction
of, or tampering with, evidence relevant
to the investigation;
``(IV) result in the intimidation of
a potential witness relevant to the
investigation;
``(V) result in the compromise of
classified information; or
``(VI) otherwise seriously
jeopardize or unduly delay the
investigation or another official
proceeding.
``(B) Notification of consumer upon conclusion of
investigation.--Upon the conclusion of a national
security investigation described in subparagraph (A), or
upon the determination that the exception under
subparagraph (A) is no longer required for the reasons
set forth in such subparagraph, the official exercising
the authority in such subparagraph shall provide to the
consumer who is the subject of the consumer report with
regard to which such finding was made--
``(i) a copy of such consumer report with any
classified information redacted as necessary;
``(ii) notice of any adverse action which is
based, in part, on the consumer report; and
``(iii) the identification with reasonable
specificity of the nature of the investigation for
which the consumer report was sought.
``(C) Delegation by head of agency or department.--
For purposes of subparagraphs (A) and (B), the head of
any agency or department of the United States
[[Page 111 STAT. 2256]]
Government may delegate his or her authorities under
this paragraph to an official of such agency or
department who has personnel security responsibilities
and is a member of the Senior Executive Service or
equivalent civilian or military rank.
``(D) Report to the congress.--Not later than
January 31 of each year, the head of each agency and
department of the United States Government that
exercised authority under this paragraph during the
preceding year shall submit a report to the Congress on
the number of times the department or agency exercised
such authority during the year.
``(E) Definitions.--For purposes of this paragraph,
the following definitions shall apply:
``(i) Classified information.--The term
`classified information' means information that is
protected from unauthorized disclosure under
Executive Order No. 12958 or successor orders.
``(ii) National security investigation.--The
term `national security investigation' means any
official inquiry by an agency or department of the
United States Government to determine the
eligibility of a consumer to receive access or
continued access to classified information or to
determine whether classified information has been
lost or compromised.''.
(b) Resale of Consumer Report to a Federal Agency or Department.--
Section 607(e) of the Fair Credit Reporting Act (12 U.S.C. 1681e(e)) (as
amended by chapter 1 of subtitle D of the Economic Growth and Regulatory
Paperwork Reduction Act of 1996) is amended by adding at the end the
following new paragraph:
``(3) Resale of consumer report to a federal agency or
department.--Notwithstanding paragraph (1) or (2), a person who
procures a consumer report for purposes of reselling the report
(or any information in the report) shall not disclose the
identity of the end-user of the report under paragraph (1) or
(2) if--
``(A) the end user is an agency or department of the
United States Government which procures the report from
the person for purposes of determining the eligibility
of the consumer concerned to receive access or continued
access to classified information (as defined in section
604(b)(4)(E)(i)); and
``(B) the agency or department certifies in writing
to the person reselling the report that nondisclosure is
necessary to protect classified information or the
safety of persons employed by or contracting with, or
undergoing investigation for work or contracting with
the agency or department.''.
(c) <<NOTE: 15 USC 1681b note.>> Effective Date.--The amendments
made by subsections (a) and (b) shall take effect as if such amendments
had been included in chapter 1 of subtitle D of the Economic Growth and
Regulatory Paperwork Reduction Act of 1996 as of the date of the
enactment of such Act.
[[Page 111 STAT. 2257]]
TITLE IV--CENTRAL INTELLIGENCE AGENCY
SEC. 401. MULTIYEAR LEASING AUTHORITY.
(a) In General.--Section 5 of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403f) is amended--
(1) by redesignating paragraphs (a) through (f) as
paragraphs (1) through (6), respectively;
(2) by inserting ``(a)'' after ``Sec. 5.'';
(3) in paragraph (5), as so redesignated, by striking out
``without regard'' and all that follows through ``; and'' and
inserting in lieu thereof a semicolon;
(4) by striking out the period at the end of paragraph (6),
as so redesignated, and inserting in lieu thereof ``; and'';
(5) by inserting after paragraph (6) the following new
paragraph:
``(7) Notwithstanding section 1341(a)(1) of title 31, United
States Code, enter into multiyear leases for up to 15 years.'';
and
(6) by inserting at the end the following new subsection:
``(b)(1) The authority to enter into a multiyear lease under
subsection (a)(7) shall be subject to appropriations provided in advance
for--
``(A) the entire lease; or
``(B) the first 12 months of the lease and the Government's
estimated termination liability.
``(2) In the case of any such lease entered into under subparagraph
(B) of paragraph (1)--
``(A) such lease shall include a clause that provides that
the contract shall be terminated if budget authority (as defined
by section 3(2) of the Congressional Budget and Impoundment
Control Act of 1974 (2 U.S.C. 622(2))) is not provided
specifically for that project in an appropriations Act in
advance of an obligation of funds in respect thereto;
``(B) notwithstanding section 1552 of title 31, United
States Code, amounts obligated for paying termination costs with
respect to such lease shall remain available until the costs
associated with termination of such lease are paid;
``(C) funds available for termination liability shall remain
available to satisfy rental obligations with respect to such
lease in subsequent fiscal years in the event such lease is not
terminated early, but only to the extent those funds are in
excess of the amount of termination liability at the time of
their use to satisfy such rental obligations; and
``(D) funds appropriated for a fiscal year may be used to
make payments on such lease, for a maximum of 12 months,
beginning any time during such fiscal year.''.
(b) <<NOTE: 50 USC 403f note.>> Effective Date.--The amendments
made by subsection (a) apply to multiyear leases entered into under
section 5 of the Central Intelligence Agency Act of 1949, as so amended,
on or after October 1, 1997.
SEC. 402. SUBPOENA AUTHORITY FOR THE INSPECTOR GENERAL OF THE
CENTRAL INTELLIGENCE AGENCY.
(a) Authority.--Subsection (e) of section 17 of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403q) is amended--
[[Page 111 STAT. 2258]]
(1) by redesignating paragraphs (5) through (7) as
paragraphs (6) through (8), respectively; and
(2) by inserting after paragraph (4) the following new
paragraph (5):
``(5)(A) Except as provided in subparagraph (B), the Inspector
General is authorized to require by subpoena the production of all
information, documents, reports, answers, records, accounts, papers, and
other data and documentary evidence necessary in the performance of the
duties and responsibilities of the Inspector General.
``(B) In the case of Government agencies, the Inspector General
shall obtain information, documents, reports, answers, records,
accounts, papers, and other data and evidence for the purpose specified
in subparagraph (A) using procedures other than by subpoenas.
``(C) The Inspector General may not issue a subpoena for or on
behalf of any other element or component of the Agency.
``(D) In the case of contumacy or refusal to obey a subpoena issued
under this paragraph, the subpoena shall be enforceable by order of any
appropriate district court of the United States.
``(E) Not later than January 31 and July 31
of <<NOTE: Reports.>> each year, the Inspector General shall submit to
the Select Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of Representatives a
report of the Inspector General's exercise of authority under this
paragraph during the preceding six months.''.
(b) Limitation on Authority for Protection of National Security.--
Subsection (b)(3) of that section is amended by inserting ``, or from
issuing any subpoena, after the Inspector General has decided to
initiate, carry out, or complete such audit, inspection, or
investigation or to issue such subpoena,'' after ``or investigation''.
SEC. 403. CIA CENTRAL SERVICES PROGRAM.
(a) Authority for Program.--The Central Intelligence Agency Act of
1949 (50 U.S.C. 403a et seq.) is amended by adding at the end the
following new section:
``central services program
``Sec. 21. <<NOTE: 50 USC 403u.>> (a) In General.--The Director may
carry out a program under which elements of the Agency provide items and
services on a reimbursable basis to other elements of the Agency and to
other Government agencies. The Director shall carry out the program in
accordance with the provisions of this section.
``(b) Participation of Agency Elements.--(1) In order to carry out
the program, the Director shall--
``(A) designate the elements of the Agency that are to
provide items or services under the program (in this section
referred to as `central service providers');
``(B) specify the items or services to be provided under the
program by such providers; and
``(C) assign to such providers for purposes of the program
such inventories, equipment, and other assets (including
equipment on order) as the Director determines necessary to
permit such providers to provide items or services under the
program.
``(2) The designation of elements and the specification of items and
services under paragraph (1) shall be subject to the approval of the
Director of the Office of Management and Budget.
[[Page 111 STAT. 2259]]
``(c) Central Services Working Capital Fund.--(1) There is
established a fund to be known as the Central Services Working Capital
Fund (in this section referred to as the `Fund'). The purpose of the
Fund is to provide sums for activities under the program.
``(2) There shall be deposited in the Fund the following:
``(A) Amounts appropriated to the Fund.
``(B) Amounts credited to the Fund from payments received by
central service providers under subsection (e).
``(C) Fees imposed and collected under subsection (f)(1).
``(D) Amounts collected in payment for loss or damage to
equipment or other property of a central service provider as a
result of activities under the program.
``(E) Such other amounts as the Director is authorized to
deposit in or transfer to the Fund.
``(3) Amounts in the Fund shall be available, without fiscal year
limitation, for the following purposes:
``(A) To pay the costs of providing items or services under
the program.
``(B) To pay the costs of carrying out activities under
subsection (f)(2).
``(d) Limitation on Amount of Orders.--The total value of all orders
for items or services to be provided under the program in any fiscal
year may not exceed an amount specified in advance by the Director of
the Office of Management and Budget.
``(e) Payment for Items and Services.--(1) A Government agency
provided items or services under the program shall pay the central
service provider concerned for such items or services an amount equal to
the costs incurred by the provider in providing such items or services
plus any fee imposed under subsection (f). In calculating such costs,
the Director shall take into account personnel costs (including costs
associated with salaries, annual leave, and workers' compensation),
plant and equipment costs (including depreciation of plant and
equipment), operation and maintenance expenses, amortized costs, and
other expenses.
``(2) Payment for items or services under paragraph (1) may take the
form of an advanced payment by an agency from appropriations available
to such agency for the procurement of such items or services.
``(f) Fees.--(1) The Director may permit a central service provider
to impose and collect a fee with respect to the provision of an item or
service under the program. The amount of the fee may not exceed an
amount equal to four percent of the payment received by the provider for
the item or service.
``(2)(A) Subject to subparagraph (B), the Director may obligate and
expend amounts in the Fund that are attributable to the fees imposed and
collected under paragraph (1) to acquire equipment or systems for, or to
improve the equipment or systems of, elements of the Agency that are not
designated for participation in the program in order to facilitate the
designation of such elements for future participation in the program.
``(B) The Director may not expend amounts in the Fund for purposes
specified in subparagraph (A) in fiscal year 1998, 1999, or 2000 unless
the Director--
``(i) secures the prior approval of the Director of the
Office of Management and Budget; and
``(ii) submits notice of the proposed expenditure to the
Permanent Select Committee on Intelligence of the House of
[[Page 111 STAT. 2260]]
Representatives and the Select Committee on Intelligence of the
Senate.
``(g) Audit.--(1) Not later than December 31 each year, the
Inspector General of the Central Intelligence Agency shall conduct an
audit of the activities under the program during the preceding fiscal
year.
``(2) The Director of the Office of Management and Budget shall
determine the form and content of annual audits under paragraph (1).
Such audits shall include an itemized accounting of the items or
services provided, the costs associated with the items or services
provided, the payments and any fees received for the items or services
provided, and the agencies provided items or services.
``(3) Not later than 30 days after the completion of an audit under
paragraph (1), the Inspector General shall submit a copy of the audit to
the following:
``(A) The Director of the Office of Management and Budget.
``(B) The Director of Central Intelligence.
``(C) The Permanent Select Committee on Intelligence of the
House of Representatives.
``(D) The Select Committee on Intelligence of the Senate.
``(h) Termination.--(1) The authority of the Director to carry out
the program under this section shall terminate on March 31, 2000.
``(2) Subject to paragraph (3), the Director of Central Intelligence
and the Director of the Office of Management and Budget, acting
jointly--
``(A) may terminate the program under this section and the
Fund at any time; and
``(B) upon such termination, shall provide for the
disposition of the personnel, assets, liabilities, grants,
contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds
held, used, arising from, available to, or to be made available
in connection with the program or the Fund.
``(3) The Director of Central Intelligence and the Director of the
Office of Management and Budget may not undertake any action under
paragraph (2) until 60 days after the date on which the Directors
jointly submit notice of such action to the Permanent Select Committee
on Intelligence of the House of Representatives and the Select Committee
on Intelligence of the Senate.''.
(b) Availability of Funds.--Of the amount appropriated pursuant to
the authorization of appropriations in section 101, $2,000,000 shall be
available for deposit in the Central Services Working Capital Fund
established by section 21(c) of the Central Intelligence Agency Act of
1949, as added by subsection (a).
SEC. 404. PROTECTION OF CIA FACILITIES.
Subsection (a) of section 15 of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 403o) is amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) by striking out ``powers only within Agency
installations,'' and all that follows through the end and
inserting in lieu thereof the following: ``powers--
``(A) within the Agency Headquarters Compound and the
property controlled and occupied by the Federal Highway
[[Page 111 STAT. 2261]]
Administration located immediately adjacent to such Compound;
``(B) in the streets, sidewalks, and the open areas within
the zone beginning at the outside boundary of such Compound and
property and extending outward 500 feet;
``(C) within any other Agency installation and protected
property; and
``(D) in the streets, sidewalks, and open areas within the
zone beginning at the outside boundary of any installation or
property referred to in subparagraph (C) and extending outward
500 feet.''; and
(3) by adding at the end the following new paragraphs:
``(2) The performance of functions and exercise of powers under
subparagraph (B) or (D) of paragraph (1) shall be limited to those
circumstances where such personnel can identify specific and articulable
facts giving such personnel reason to believe that the performance of
such functions and exercise of such powers is reasonable to protect
against physical damage or injury, or threats of physical damage or
injury, to Agency installations, property, or employees.
``(3) Nothing in this subsection shall be construed to preclude, or
limit in any way, the authority of any Federal, State, or local law
enforcement agency, or any other Federal police or Federal protective
service.
``(4) The rules and regulations enforced by such personnel shall be
the rules and regulations prescribed by the Director and shall only be
applicable to the areas referred to in subparagraph (A) or (C) of
paragraph (1).
``(5) <<NOTE: Reports.>> Not later than December 1, 1998, and
annually thereafter, the Director shall submit a report to the Permanent
Select Committee on Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate that describes in detail
the exercise of the authority granted by this subsection, and the
underlying facts supporting the exercise of such authority, during the
preceding fiscal year. The Director shall make such report available to
the Inspector General of the Central Intelligence Agency.''.
SEC. 405. ADMINISTRATIVE LOCATION OF THE OFFICE OF THE DIRECTOR OF
CENTRAL INTELLIGENCE.
Section 102(e) of the National Security Act of 1947 (50 U.S.C.
403(e)) is amended by adding at the end the following:
``(4) The Office of the Director of Central Intelligence shall, for
administrative purposes, be within the Central Intelligence Agency.''.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
SEC. 501. AUTHORITY TO AWARD ACADEMIC DEGREE OF BACHELOR OF
SCIENCE IN INTELLIGENCE.
(a) Authority for New Bachelor's Degree.--Section 2161 of title 10,
United States Code, is amended to read as follows:
[[Page 111 STAT. 2262]]
``Sec. 2161. Joint Military Intelligence College: academic degrees
``Under <<NOTE: Regulations.>> regulations prescribed by the
Secretary of Defense, the president of the Joint Military Intelligence
College may, upon recommendation by the faculty of the college, confer
upon a graduate of the college who has fulfilled the requirements for
the degree the following:
``(1) The degree of Master of Science of Strategic
Intelligence (MSSI).
``(2) The degree of Bachelor of Science in Intelligence
(BSI).''.
(b) Clerical Amendment.--The item relating to that section in the
table of sections at the beginning of chapter 108 of such title is
amended to read as follows:
``2161. Joint Military Intelligence College: academic degrees.''.
SEC. 502. FUNDING FOR INFRASTRUCTURE AND QUALITY OF LIFE
IMPROVEMENTS AT MENWITH HILL AND BAD
AIBLING STATIONS.
Section 506(b) of the Intelligence Authorization Act for Fiscal Year
1996 (Public Law 104-93; 109 Stat. 974) is amended by striking out ``for
fiscal years 1996 and 1997'' and inserting in lieu thereof ``for fiscal
years 1998 and 1999''.
SEC. 503. UNAUTHORIZED USE OF NAME, INITIALS, OR SEAL OF NATIONAL
RECONNAISSANCE OFFICE.
(a) Extension, Reorganization, and Consolidation of Authorities.--
Subchapter I of chapter 21 of title 10, United States Code, is amended
by adding at the end the following new section:
``Sec. 425. Prohibition of unauthorized use of name, initials, or seal:
specified intelligence agencies
``(a) Prohibition.--Except with the written permission of both the
Secretary of Defense and the Director of Central Intelligence, no person
may knowingly use, in connection with any merchandise, retail product,
impersonation, solicitation, or commercial activity in a manner
reasonably calculated to convey the impression that such use is
approved, endorsed, or authorized by the Secretary and the Director, any
of the following (or any colorable imitation thereof):
``(1) The words `Defense Intelligence Agency', the initials
`DIA', or the seal of the Defense Intelligence Agency.
``(2) The words `National Reconnaissance Office', the
initials `NRO', or the seal of the National Reconnaissance
Office.
``(3) The words `National Imagery and Mapping Agency', the
initials `NIMA', or the seal of the National Imagery and Mapping
Agency.
``(4) The words `Defense Mapping Agency', the initials
`DMA', or the seal of the Defense Mapping Agency.''.
(b) Transfer of Enforcement Authority.--Subsection (b) of section
202 of title 10, United States Code, is transferred to the end of
section 425 of such title, as added by subsection (a), and is amended by
inserting ``Authority To Enjoin Viola-
tions.--'' after ``(b)''.
(c) Repeal of Reorganized Provisions.--Sections 202 and 445 of title
10, United States Code, are repealed.
(d) Clerical Amendments.--
[[Page 111 STAT. 2263]]
(1) The table of sections at the beginning of subchapter II
of chapter 8 of title 10, United States Code, is amended by
striking out the item relating to section 202.
(2) The table of sections at the beginning of subchapter I
of chapter 21 of title 10, United States Code, is amended by
striking out the items relating to sections 424 and 425 and
inserting in lieu thereof the following:
``424. Disclosure of organizational and personnel information: exemption
for Defense Intelligence Agency, National Reconnaissance
Office, and National Imagery and Mapping Agency.
``425. Prohibition of unauthorized use of name, initials, or seal:
specified intelligence agencies.''.
(3) The table of sections at the beginning of subchapter I
of chapter 22 of title 10, United States Code, is amended by
striking out the item relating to section 445.
Approved November 20, 1997.
LEGISLATIVE HISTORY--S. 858 (H.R. 1775):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 105-135, Pt. 1 accompanying H.R. 1775 (Select Comm.
on Intelligence) and 105-350 (Comm. of Conference).
SENATE REPORTS: No. 105-24 (Select Comm. on Intelligence).
CONGRESSIONAL RECORD, Vol. 143 (1997):
June 19, considered and passed Senate.
July 17, considered and passed House, amended, in lieu of
H.R. 1775.
Nov. 6, Senate agreed to conference report.
Nov. 7, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997):
Nov. 20, Presidential statement.
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