S 858 in Congressional Session 105

Bill Number : S 858

Title : An original bill 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.

SUMMARY AS OF:
10/28/1997--Conference report filed in House.    (There are 3 other summaries) TABLE OF CONTENTS:

Title I:

Intelligence Activities

Title II:

Central Intelligence Agency Retirement and Disability System

Title III:

General Provisions

Title IV:

Central Intelligence Agency

Title V:

Department of Defense Intelligence Activities Intelligence Authorization Act for Fiscal Year 1998 -

Title I:

Intelligence Activities - Authorizes appropriations for FY 1998 for the conduct of intelligence and intelligence-related activities of the: (1) Central Intelligence Agency (CIA); (2) Department of Defense; (3) Defense Intelligence Agency; (4) National Security Agency; (5) Departments of the Army, Navy, and Air Force; (6) Departments of State, the Treasury, and Energy; (7) Federal Bureau of Investigation (FBI); (8) Drug Enforcement Administration; (9) National Reconnaissance Office; and (10) National Imagery and Mapping Agency. Specifies that the amounts authorized to be appropriated and the authorized personnel ceilings as of September 30, 1998, for such activities are those specified in the classified Schedule of Authorizations, which shall be made available to the Senate and House Appropriations Committees and the President. Allows the Director of Central Intelligence (DCI), with the approval of the Director of the Office of Management and Budget, to authorize employment of civilian personnel in excess of the number authorized for FY 1998 when the DCI determines that such action is necessary to the performance of important intelligence functions, subject to specified limitations. Requires notification of the Senate and House Intelligence Committees whenever such authority is exercised. Authorizes appropriations for the Community Management Account of the DCI for FY 1998, as well as any additional amounts specified in the classified Schedule of Authorizations, above. Authorizes full-time personnel for the Community Management Staff of the DCI as of September 30, 1998. Provides for the reimbursement of any U.S. officer or employee, or member of the armed forces, who is detailed to such Staff. Earmarks Account funds for the National Drug Intelligence Center.

Title II:

Central Intelligence Agency Retirement and Disability System - Authorizes appropriations for FY 1998 for the Central Intelligence Agency Retirement and Disability Fund.

Title III:

General Provisions - Permits appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees to be increased by such additional amounts as may be necessary for increases in such compensation or benefits authorized by law.

(Sec. 302)

Specifies that 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 laws of the United States.

(Sec. 303)

Amends the National Security Act of 1947 to authorize the detail of employees within the intelligence community to positions in the Intelligence Community Assignment Program, for a maximum of three years with an additional one-year extension in the public interest. Requires an annual report from the DCI to the intelligence committees.

(Sec. 304)

Extends through January 6, 1999, the authority of the President to stay the application of certain sanctions against a foreign country, organization, or person upon a determination of an adverse effect of such sanction on the conduct of ongoing intelligence activities.

(Sec. 305)

Expresses the sense of the Congress that: (1) the DCI should direct elements of the intelligence community to competitively award contracts in a manner that maximizes the procurement of products properly designated as having been made in the United States; and (2) Members of Congress have equal standing with officials of the executive branch to receive classified information in order to carry out oversight responsibilities.

(Sec. 307)

Directs the Secretary of State to identify and provide to victims and their families information regarding the killing, abduction, torture, or other serious mistreatment of U.S. citizens abroad.

(Sec. 308)

Requires the DCI and the FBI Director to jointly submit to the Congress an annual report on those intelligence activities of the People's Republic of China which are directed against or affect U.S. interests.

(Sec. 309)

Directs the DCI to: (1) survey and report to the intelligence committees on current standards for the spelling of foreign names and places, and the use of geographic coordinates for such places, among the elements of the intelligence community; and (2) issue guidelines to ensure the uniform spelling of such names and places, as well as uniform geographic coordinates for such places.

(Sec. 310)

Directs the CIA Inspector General to conduct a review of, and report to the intelligence committees on, Federal studies concerning the presence, use, or destruction of chemical weapons in the Persian Gulf theater during the Persian Gulf War.

(Sec. 311)

Amends the Fair Credit Reporting Act (FCRA) to create an exception to a requirement that individuals be notified of credit information obtained concerning such individuals in the case of a U.S. department or agency which seeks to obtain and use such a consumer report for employment purposes when the agency or department head certifies that: (1) such report is relevant to a national security investigation; and (2) there is reason to believe that notification compliance will endanger life or safety, result in flight from prosecution or the destruction of evidence, or otherwise seriously jeopardize or delay an investigation or other official proceeding. Requires the consumer, in such a case, to be notified at the conclusion of the investigation. Requires each agency or department head exercising such authority to report annually to the Congress. Amends the FCRA to prohibit a person who procures a consumer report for resale purposes from disclosing the identity of the end-user of such report if: (1) the end-user is a U.S. department or agency using such report to determine the eligibility of the consumer concerned to receive or have continued access to classified information; and (2) the department or agency certifies to the reselling person that nondisclosure is necessary for the protection of such classified information or the safety of persons conducting or undergoing an investigation for employment with such department or agency.

Title IV:

Central Intelligence Agency - Amends the Central Intelligence Agency Act of 1949 to authorize the DCI to enter into multiyear leases for periods of up to 15 years, subject to the availability of appropriations.

(Sec. 402)

Empowers the CIA Inspector General (IG) with subpoena authority for the production of information, documents, and other data. Requires an annual report from the IG to the intelligence communities on the exercise of such authority.

(Sec. 403)

Authorizes the DCI to: (1) establish a program to provide CIA central services (equipment, salaries, maintenance, operation and other services); and (2) make transfers to and expenditures from the central services working capital fund (established by this section) for central services payments and expenditures. Provides for: (1) fund assets and reimbursement; (2) DCI imposition of a fee for central services provided from the fund; (3) fund audits by the CIA IG; (4) fund termination on March 31, 2000; and (5) the earmarking of funds authorized under title I of this Act for the working capital fund.

(Sec. 404)

Extends to the streets, sidewalks, and open areas within 500 feet of the CIA compound the area authorized to be protected for security purposes by CIA employees. (Currently, such area includes only the CIA installations.) Limits the exercise of such authority to those circumstances where the CIA security officers can identify specific and articulable facts supporting the use of such authority to protect against physical damage or injury or threats of such damage or injury. Requires the DCI to report annually to the intelligence committees on the exercise of such authority.

(Sec. 405)

Requires the administrative location of the Office of the DCI to be within the CIA.

Title V:

Department of Defense Intelligence Activities - Authorizes the award of the degree of Bachelor of Science in Intelligence by the president of the Joint Military Intelligence College.

(Sec. 502)

Amends the Intelligence Authorization Act for Fiscal Year 1996 to extend through FY 1999 the authority for the use of Army operation and maintenance funds to enhance the capabilities of the Bad Aibling and Menwith Hill Army Stations.

(Sec. 503)

Prohibits the unauthorized use of the name, initials, or seal of the Defense Intelligence Agency, National Reconnaissance Office, National Imagery and Mapping Agency, or Defense Mapping Agency.