Summary: S.2052 — 105th Congress (1997-1998)All Information (Except Text)

There is one summary for S.2052. Bill summaries are authored by CRS.

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Introduced in Senate (05/07/1998)

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: Disclosure of Information to Congress

Title VI: Foreign Intelligence and International Terrorism

Investigations

Intelligence Authorization Act for Fiscal Year 1999 - Title I: Intelligence Activities - Authorizes appropriations for FY 1999 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) National Reconnaissance Office; and (9) National Imagery and Mapping Agency.

(Sec. 102) Specifies that the amounts authorized to be appropriated and the authorized personnel ceilings as of September 30, 1999, 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.

(Sec. 103) 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 1999 when 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.

(Sec. 104) Authorizes appropriations for the Community Management Account of the DCI for FY 1999. Authorizes full-time personnel for the Community Management Staff of the DCI as of September 30, 1999, as well as any additional amounts specified in the classified Schedule of Authorizations. Provides for the reimbursement of any U.S. officer or employee, or any 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 1999 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 not otherwise authorized by the Constitution or laws of the United States.

(Sec. 303) Amends the National Security Act of 1947 to extend through January 6, 2000, 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. 304) Extends through December 31, 2000, the authority of the Secretary of Defense (Secretary) to engage in commercial activities as security for authorized intelligence collection activities.

(Sec. 305) Amends the David L. Boren National Security Education Act of 1991 to: (1) authorize the Secretary to award fellowships and grants for the conduct of counterproliferation studies; and (2) replace the Director of the U.S. Information Agency with the Secretary of Energy on the membership of the National Security Education Board.

Title IV: Central Intelligence Agency - Amends the Central Intelligence Agency Voluntary Separation Pay Act to extend through FY 2001 the separation pay program for the voluntary separation of CIA employees.

(Sec. 402) Amends the Central Intelligence Agency Act of 1949 to include as an additional duty of the CIA Inspector General the review of the impact of legislation on the prevention and detection of fraud and abuse in programs and operations administered or financed by the CIA.

Title V: Disclosure of Information to Congress - Directs the President to inform employees of the various intelligence agencies, as well as employees of contractors carrying out activities under classified contracts with such agencies, that: (1) the disclosure to members of a congressional oversight committee of information relating to a possible violation of law, a false statement to Congress, gross mismanagement or waste of funds, the flagrant abuse of authority, or a substantial and specific danger to public health or safety is not prohibited by law or contrary to public policy; (2) such committee members are presumed to have a need to know and be authorized to receive such information; and (3) such committee members may receive such information only in their capacity as members of such committees. Requires a report from the President to the Congress on actions taken under this title.

Title VI: Foreign Intelligence and International Terrorism Investigations - Amends the Foreign Intelligence Surveillance Act of 1978 to authorize the Attorney General (AG) or other designated Federal attorney to apply for an order or the extension of an order authorizing or approving the installation and use of a pen register or trap and trace device (device) for any investigation to gather foreign intelligence or international terrorism information (information) which is being conducted by the FBI under guidelines approved by Executive order. Outlines application requirements. Limits to 90 days the authorized period for the use of such device, with an extension of an additional 90 days in appropriate circumstances. Authorizes the AG to approve the installation of such a device on an emergency basis to gather such information if: (1) a judge is informed of the AG's decision to do so; and (2) an application is made to such judge within 48 hours after the installation. Prohibits any information from being utilized if the application is denied. Authorizes the AG to allow the use of such a device to acquire such information for a period not to exceed 15 days following a declaration of war by the Congress. Requires notification to the person involved that information so obtained is to be used or disclosed. Allows such person to move to suppress such evidence, and requires the motion to be heard before the use of such information. Provides for in camera and ex parte hearings when the national security is or may be involved. Prohibits the use of information so obtained when a motion to suppress is granted or a court determines that the use of such a device was not lawfully authorized or conducted. Requires the AG, on a semiannual basis, to fully inform the intelligence and judiciary committees concerning the use of such devices and related information.

(Sec. 602) Authorizes the FBI Director to apply for an order authorizing a common carrier, public accommodation facility, physical storage facility, or vehicle rental facility to release records for an investigation to gather foreign intelligence or international terrorism information being conducted by the FBI under Executive order. Outlines application requirements. Requires the AG, on a semiannual basis, to fully inform the intelligence and judiciary committees concerning the use of all such records and related information.