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Pub.L. 105-108 To authorize appropriations for fiscal years 1998 and 1999 for the United States Fire Administration, and for other purposes. <> ...


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[[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 

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