Text: S.858 — 105th Congress (1997-1998)All Information (Except Text)

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Public Law No: 105-107 (11/20/1997)

 
[105th Congress Public Law 107]
[From the U.S. Government Printing Office]


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[DOCID: f:publ107.105]


[[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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