Intelligence Authorization Act for Fiscal Year 1999

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

Title VI: Foreign Intelligence and International Terrorism

Investigations

Title VII: Whistleblower Protection for Intelligence

Community Employees Reporting Urgent Concerns to

Congress

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 (DOD); (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 that accompanies the conference report, 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 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.

(Sec. 104) Authorizes specified appropriations for the Community Management Account (Account) of the DCI for FY 1999. Authorizes specified full-time personnel for elements within such Account as of September 30, 1999. Authorizes additional appropriations and personnel for the Account as specified in the classified Schedule of Authorizations. Provides for the reimbursement of any U.S. officer or employee, or member of the armed forces, who is detailed to such Staff.

Earmarks funds authorized under this Act for the National Drug Intelligence Center. Requires a transfer of funds from the DCI to the Attorney General (AG) to operate the Center.

Allows the DCI to transfer authorized funds to other departments and agencies to support certain intelligence community security requirements at overseas locations.

(Sec. 105) Increases amounts authorized for the conduct of the intelligence activities under the Intelligence Authorization Act for Fiscal Year 1998 by the amount by which appropriations pursuant to such authorization were increased by an emergency supplemental appropriation in: (1) title I of the 1998 Supplemental Appropriations and Rescissions Act; and (2) a supplemental appropriations Act for FY 1998 that is enacted after September 28, 1998, and designated as emergency requirements under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).

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 which is not otherwise authorized by the Constitution or laws of the United States.

(Sec. 303) Extends through January 6, 2000, the authority of the President to stay the imposition of sanctions against a foreign government or organization under certain circumstances.

(Sec. 304) Expresses the sense of the Congress that the DCI should continue to direct that elements of the intelligence community should competitively award contracts in a manner that maximizes the procurement of products properly designated as having been made in the United States.

(Sec. 305) Amends the David L. Boren National Security Education Act of 1991 to: (1) authorize the Secretary of Defense (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 National Security Education Board.

(Sec. 306) Amends the National Security Act of 1947 to require the Assistant Director of Central Intelligence for Analysis and Production to direct the competitive analysis of analytical products having national importance.

(Sec. 307) Requires the DCI to report annually to the intelligence committees and congressional leadership on: (1) the level of cooperation and assistance provided by the intelligence community to domestic Federal law enforcement agencies to stop the flow of illegal drugs into the United States through the borders with Mexico and Canada; and (2) the safety and security of Russian nuclear facilities and nuclear military forces.

(Sec. 308) Expresses the sense of the Congress that: (1) the DCI and the Secretary should, in 1999 and every four years thereafter, complete and report to specified congressional committees on a comprehensive review of U.S. intelligence programs and activities; and (2) the DCI should establish an independent panel to assess each review and alternative intelligence structures and make recommendations concerning the optimal future U.S. intelligence structure.

(Sec. 309) Designates the CIA headquarters building in Langley, Virginia, as the George Bush Center for Intelligence.

Title IV: Central Intelligence Agency - Extends CIA protection to former personnel and their immediate families.

(Sec. 402) Authorizes the DCI to make payments, with respect to the period beginning on January 30, 1998, and ending on April 7, 1998, of a special pay allowance to certain intelligence officers who failed to receive such pay due to bureaucratic error.

Title V: Department of Defense Intelligence Activities - Extends through December 31, 2000, the authority of the Secretary to engage in commercial activities as security for intelligence collection activities abroad.

Title VI: Foreign Intelligence and International Terrorism Investigations - Amends the Foreign Intelligence Surveillance Act of 1978 to authorize the AG or other designated Federal attorney to apply for an order or an 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 obtain such information without a court order 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.

(Sec. 603) Amends the Federal criminal code to provide that certain requirements relating to the specification of the facilities from which, or the place where, a wire or electronic communication is to be intercepted shall not apply if: (1) there is probable cause to believe that the actions of a person believed to be committing the offense and whose communications are to be intercepted could have the effect of thwarting interception from a specified facility (current law requires a showing of a purpose by that person to thwart interception by changing facilities); and (2) the order authorizing or approving the interception is limited to interception only for such time as it is reasonable to presume that the person identified in the application is or was reasonably proximate to the instrument through which such communication will be or was transmitted.

(Sec. 605) Authorizes the AG to accept voluntary services to further law enforcement and national security missions.

Title VII: Whistleblower Protection for Intelligence Community Employees Reporting Urgent Concerns to Congress - Intelligence Community Whistleblower Protection Act of 1998 - Amends the Central Intelligence Agency Act of 1949 to authorize a CIA employee or contractor who intends to report to the Congress a complaint or information with respect to an urgent concern to report to the Inspector General (IG). Requires the IG, within 14 days, to transmit a credible complaint or information to the DCI, who shall forward such complaint or information to the intelligence committees within seven days. Allows an employee to contact the intelligence committees directly concerning such complaint or information in limited circumstances. Defines a matter of "urgent concern" as: (1) a serious or flagrant problem, abuse, violation of law or executive order, or deficiency relating to the funding, administration, or operations of an intelligence activity involving classified information; (2) a false statement to the Congress on, or willful withholding from the Congress of, an issue of material fact relating to the funding, administration, or operation of an intelligence activity; or (3) an action constituting reprisal in response to an employee's reporting of an urgent concern.

Amends the Inspector General Act of 1978 to allow employees or contractors of the following agencies who intend to report to the Congress a complaint or information with respect to an urgent concern to report such to the IG of DOD: the Defense Intelligence Agency, the National Imagery and Mapping Agency, the National Reconnaissance Office, and the National Security Agency. Authorizes employees and contractors of the FBI who intend to take such action to report to the IG of the Justice Department. Authorizes other Federal employees dealing with foreign intelligence or counterintelligence activities who intend to take such action to report to their appropriate IG. Outlines procedures to follow the reporting of such complaint or information, and a definition of "urgent concern," similar to those provided for CIA employees, above.