Congressional Record: July 21, 1999 (Senate)
Page S8933-S8939
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2000--Continued
The bill (H.R. 1555), as amended, was read the third time, and
passed, as follows:
Resolved, That the bill from the House of Representatives
(H.R. 1555) entitled "An Act to authorize appropriations for
fiscal year 2000 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.",
do pass with the following amendment:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
"Intelligence Authorization Act for Fiscal Year 2000".
(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. Intelligence 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. Extension of application of sanctions laws to intelligence
activities.
Sec. 304. Access to computers and computer data of executive branch
employees with access to classified information.
Sec. 305. Naturalization of certain persons affiliated with a Communist
or similar party.
Sec. 306. Funding for infrastructure and quality of life improvements
at Menwith Hill and Bad Aibling stations.
Sec. 307. Technical amendment.
Sec. 308. Sense of the Congress on classification and declassification.
Sec. 309. Declassification of intelligence estimate on Vietnam-era
prisoners of war and missing in action personnel and
critical assessment of estimate.
Sec. 310. Submittal to Congress of lists on classified information
regarding unrecovered United States prisoners of war and
other personnel.
Sec. 311. Study of background checks for employees of the Department of
Energy.
Sec. 312. Report on legal standards applied for electronic
surveillance.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
Sec. 401. Improvement and extension of central services program.
Sec. 402. Extension of CIA Voluntary Separation Pay Act.
TITLE V--DEPARTMENT OF ENERGY INTELLIGENCE ACTIVITIES
Sec. 501. Short title.
Sec. 502. Moratorium on foreign visitors program.
Sec. 503. Background checks on all foreign visitors to national
laboratories.
Sec. 504. Report to Congress.
Sec. 505. Definitions.
TITLE VI--FOREIGN COUNTERINTELLIGENCE AND INTERNATIONAL TERRORISM
INVESTIGATIONS
Sec. 601. Expansion of definition of "agent of a foreign power" for
purposes of the Foreign Intelligence Surveillance Act of
1978.
Sec. 602. Federal Bureau of Investigation reports to other executive
agencies on results of counterintelligence activities.
TITLE VII--BLOCKING ASSETS OF MAJOR NARCOTICS TRAFFICKERS
Sec. 701. Finding and policy.
Sec. 702. Purpose.
Sec. 703. Designation of certain foreign international narcotics
traffickers.
Sec. 704. Blocking assets.
Sec. 705. Denial of visas to and inadmissibility of specially
designated narcotics traffickers.
TITLE VIII--COMMISSION TO ASSESS THE BALLISTIC MISSILE THREAT TO THE
RUSSIAN FEDERATION
Sec. 801. Establishment of commission.
Sec. 802. Duties of commission.
Sec. 803. Report.
Sec. 804. Powers.
Sec. 805. Commission procedures.
Sec. 806. Personnel matters.
TITLE IX--AGENCY FOR NUCLEAR STEWARDSHIP
Sec. 901. Department of Energy Nuclear Security.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2000 for the conduct of
[[Page S8934]]
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 National Reconnaissance Office.
(11) 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, 2000,
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
________ of the One Hundred Sixth 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
2000 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 the Select Committee on Intelligence of
the Senate whenever the Director exercises the authority
granted by this section.
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of Central Intelligence for fiscal
year 2000 the sum of $193,572,000. The Information Security
Oversight Office, charged with administering this Nation's
intelligence classification and declassification programs
shall receive $1,500,000 of these funds to allow it to hire
more staff so that it can more efficiently manage these
programs.
(b) Authorized Personnel Levels.--The elements within the
Community Management Account of the Director of Central
Intelligence are authorized a total of 353 full-time
personnel as of September 30, 2000. 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 2000 such additional amounts as are
specified in the classified Schedule of Authorizations
referred to in section 102(a). Such additional amounts shall
remain available until September 30, 2001.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Community Management Account as of September 30, 2000, 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 (50 U.S.C. 404h), during
fiscal year 2000, 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.--
(1) In general.--Of the amount authorized to be
appropriated in subsection (a), $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, 2001, and funds provided for procurement
purposes shall remain available until September 30, 2002.
(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 under paragraph (1). The Attorney General
shall utilize funds so transferred for activities of the
Center.
(3) Limitation.--Amounts available for the National Drug
Intelligence 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 National Drug Intelligence 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 2000 the sum of $209,100,000.
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. 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 "January 6, 2000" and
inserting "January 6, 2001".
SEC. 304. ACCESS TO COMPUTERS AND COMPUTER DATA OF EXECUTIVE
BRANCH EMPLOYEES WITH ACCESS TO CLASSIFIED
INFORMATION.
(a) Access.--Section 801(a)(3) of the National Security Act
of 1947 (50 U.S.C. 435(a)(3)) is amended by striking "and
travel records" and inserting "travel records, and
computers used in the performance of government duties".
(b) Computer Defined.--Section 804 of that Act (50 U.S.C.
438) is amended--
(1) by striking "and" at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting "; and"; and
(3) by adding at the end the following:
"(8) the term `computer' means any electronic, magnetic,
optical, electrochemical, or other high speed data processing
device performing logical, arithmetic, or storage functions,
and includes any data storage facility or communications
facility directly related to or operating in conjunction with
such device and any data or other information stored or
contained in such device.".
(c) Applicability.--The President shall modify the
procedures required by section 801(a)(3) of the National
Security Act of 1947 to take into account the amendment to
that section made by subsection (a) of this section not later
than 90 days after the date of the enactment of this Act.
SEC. 305. NATURALIZATION OF CERTAIN PERSONS AFFILIATED WITH A
COMMUNIST OR SIMILAR PARTY.
Section 313 of the Immigration and Nationality Act (8
U.S.C. 1424) is amended by adding at the end the following:
"(e) A person may be naturalized under this title without
regard to the prohibitions in subsections (a)(2) and (c) of
this section, if the person--
"(1) is otherwise eligible for naturalization;
"(2) is within the class described in subsection (a)(2)
solely because of past membership in, or past affiliation
with, a party or organization described in that subsection;
"(3) does not fall within any other of the classes
described in that subsection; and
"(4) is jointly determined by the Director of Central
Intelligence, the Attorney General, and the Commissioner of
Immigration and Naturalization to have made a contribution to
the national security or to the national intelligence mission
of the United States.".
SEC. 306. 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), as
amended by section 502 of the Intelligence Authorization Act
for Fiscal Year 1998 (Public Law 105-107; 111 Stat. 2262), is
further amended by striking "for fiscal years 1998 and
1999" and inserting "for fiscal years 2000 and 2001".
SEC. 307. TECHNICAL AMENDMENT.
Section 305(b)(2) of the Intelligence Authorization Act for
Fiscal Year 1997 (Public Law 104-293, 110 Stat. 3465; 8
U.S.C. 1427 note) is amended by striking "subparagraph (A),
(B), (C), or (D) of section 243(h)(2) of such Act" and
inserting "clauses (i) through (iv) of section 241(b)(3)(B)
of such Act".
SEC. 308. SENSE OF THE CONGRESS ON CLASSIFICATION AND
DECLASSIFICATION.
It is the sense of Congress that the systematic
declassification of records of permanent historic value is in
the public interest and that the management of classification
and declassification by Executive Branch agencies requires
comprehensive reform and additional resources.
SEC. 309. DECLASSIFICATION OF INTELLIGENCE ESTIMATE ON
VIETNAM-ERA PRISONERS OF WAR AND MISSING IN
ACTION PERSONNEL AND CRITICAL ASSESSMENT OF
ESTIMATE.
(a) Declassification.--Subject to subsection (b), the
Director of Central Intelligence shall declassify the
following:
[[Page S8935]]
(1) National Intelligence Estimate 98-03 dated April 1998
and entitled "Vietnamese Intentions, Capabilities, and
Performance Concerning the POW/MIA Issue".
(2) The assessment dated November 1998 and entitled "A
Critical Assessment of National Intelligence Estimate 98-03
prepared by the United States Chairman of the Vietnam War
Working Group of the United States-Russia Joint Commission on
POWs and MIAs".
(b) Limitations.--The Director shall not declassify any
text contained in the estimate or assessment referred to in
subsection (a) which would--
(1) reveal intelligence sources and methods; or
(2) disclose by name the identity of a living foreign
individual who has cooperated with United States efforts to
account for missing personnel from the Vietnam era.
(c) Deadline.--The Director shall declassify the estimate
and assessment referred to in subsection (a) not later than
30 days after the date of the enactment of this Act.
SEC. 310. SUBMITTAL TO CONGRESS OF LISTS ON CLASSIFIED
INFORMATION REGARDING UNRECOVERED UNITED STATES
PRISONERS OF WAR AND OTHER PERSONNEL.
(a) Requirement.--(1) The head of each element of the
United States Government listed in section 101 shall submit
to the designated congressional committees a list of all
classified documents, files, and other materials under the
control of such element that pertain to the subject of United
States prisoners of war, missing in action personnel, or
killed in action personnel whose remains have not been
recovered and identified.
(2) Each list submitted under paragraph (1) shall--
(A) for each document, file, or other material contained in
the list--
(i) specify the date of the preparation or dissemination of
the document, file, or material;
(ii) specify the date or dates of any information contained
in the document, file, or material; and
(iii) identify the subject matter of the document, file, or
material; and
(B) be organized in chronological order according to the
date of the preparation or dissemination of the documents,
files, or materials concerned.
(b) Deadline.--The lists required by subsection (a) shall
be submitted not later than 120 days after the date of the
enactment of this Act.
(c) Access by Committees and Members of Congress.--A
designated congressional committee shall, upon request and in
accordance with regulations of the committee regarding
protection of classified information, make available any list
submitted to the committee under subsection (a) to any Member
of Congress or committee of Congress, and to any staff member
of a Member of Congress or committee of Congress who
possesses a security clearance appropriate for access to the
list.
(d) Designated Congressional Committee Defined.--In this
section, the term "designated congressional committee"
means the following:
(1) The Committee on Armed Services and the Select
Committee on Intelligence of the Senate.
(2) The Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
SEC. 311. STUDY OF BACKGROUND CHECKS FOR EMPLOYEES OF THE
DEPARTMENT OF ENERGY.
(a) Study of Background Check Practices.--The Secretary of
Energy shall conduct a study comparing the procedures used by
the Department for conducting background checks of employees
seeking access to classified information with the procedures
used by the Central Intelligence Agency, the National
Security Agency, the Federal Bureau of Investigation, and
other similar departments and agencies of the Federal
Government for conducting background checks of such
employees.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Energy shall submit
to Congress a report on the study conducted under subsection
(a). The report shall include--
(1) a discussion of the adequacy of the procedures used by
the Department for conducting background checks of employees
seeking access to classified information in light of the
comparison required under the study; and
(2) any other recommendations, including recommendations
for legislative action, that the Secretary considers
appropriate.
SEC. 312. REPORT ON LEGAL STANDARDS APPLIED FOR ELECTRONIC
SURVEILLANCE.
(a) Report.--Not later than 60 days after the date of the
enactment of this Act, the Director of Central Intelligence,
the Director of the National Security Agency, and the
Attorney General shall jointly prepare, and the Director of
the National Security Agency shall submit to the appropriate
congressional committees a report in classified and
unclassified form describing the legal standards employed by
elements of the intelligence community in conducting signals
intelligence activities, including electronic surveillance.
(b) Matters Specifically Addressed.--The report shall
specifically include a statement of each of the following
legal standards:
(1) The legal standards for interception of communications
when such interception may result in the acquisition of
information from a communication to or from United States
persons.
(2) The legal standards for intentional targeting of the
communications to or from United States persons.
(3) The legal standards for receipt from non-United States
sources of information pertaining to communications to or
from United States persons.
(4) The legal standards for dissemination of information
acquired through the interception of the communications to or
from United States persons.
(c) Definition.--As used in this section:
(1) The term "intelligence community" has the meaning
given that term under section 3(4) of the National Security
Act of 1947 (50 U.S.C. 401a(4)).
(2) The term "United States persons" has the meaning
given such term under section 101(i) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(i)).
(3) The term "appropriate congressional committees" means
the Permanent Select Committee on Intelligence and the
Committee on the Judiciary of the House of Representatives,
and the Select Committee on Intelligence and the Committee on
the Judiciary of the Senate.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
SEC. 401. IMPROVEMENT AND EXTENSION OF CENTRAL SERVICES
PROGRAM.
(a) Scope of Provision of Items and Services.--Subsection
(a) of section 21 of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403u) is amended by striking "and to other"
and inserting ", nonappropriated fund entities or
instrumentalities associated or affiliated with the Agency,
and other".
(b) Deposits in Central Services Working Capital Fund.--
Subsection (c)(2) of that section is amended--
(1) by amending subparagraph (D) to read as follows:
"(D) Amounts received in payment for loss or damage to
equipment or property of a central service provider as a
result of activities under the program.";
(2) by redesignating subparagraph (E) as subparagraph (F);
and
(3) by inserting after subparagraph (D), as so amended, the
following new subparagraph (E):
"(E) Other receipts from the sale or exchange of equipment
or property of a central service provider as a result of
activities under the program.".
(c) Availability of Fees.--Section (f)(2)(A) of that
section is amended by inserting "central service providers
and any" before "elements of the Agency".
(d) Extension of Program.--Subsection (h)(1) of that
section is amended by striking "March 31, 2000" and
inserting "March 31, 2005".
SEC. 402. EXTENSION OF CIA VOLUNTARY SEPARATION PAY ACT.
(a) Extension of Authority.--Section 2(f) of the Central
Intelligence Agency Voluntary Separation Pay Act (50 U.S.C.
403-4 note) is amended by striking "September 30, 1999" and
inserting "September 30, 2000".
(b) Remittance of Funds.--Section 2(i) of that Act is
amended by striking "or fiscal year 1999" and inserting ",
1999, or 2000".
TITLE V--DEPARTMENT OF ENERGY INTELLIGENCE ACTIVITIES
SEC. 501. SHORT TITLE.
This title may be cited as the "Department of Energy
Sensitive Country Foreign Visitors Moratorium Act of 1999".
SEC. 502. MORATORIUM ON FOREIGN VISITORS PROGRAM.
(a) Moratorium.--The Secretary of Energy may not admit to
any classified facility of a national laboratory any
individual who is a citizen of a nation that is named on the
current Department of Energy sensitive countries list.
(b) Waiver Authority.--(1) The Secretary of Energy may
waive the prohibition in subsection (a) on a case-by-case
basis with respect to specific individuals whose admission to
a national laboratory is determined by the Secretary to be
necessary for the national security of the United States.
(2) Not later than 30 days after granting a waiver under
paragraph (1), the Secretary shall submit to committees
referred to in paragraph (4) a report in writing regarding
the waiver. The report shall identify each individual for
whom such a waiver was granted and, with respect to each such
individual, provide a detailed justification for the waiver
and the Secretary's certification that the admission of that
individual to a national laboratory is necessary for the
national security of the United States.
(3) The authority of the Secretary under paragraph (1) may
not be delegated.
(4) The committees referred to in this paragraph are the
following:
(A) The Committees on Armed Services, Appropriations,
Commerce, and Energy and Natural Resources and the Select
Committee on Intelligence of the Senate.
(B) The Committees on Armed Services, Appropriations,
Commerce, and Resources and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 503. BACKGROUND CHECKS ON ALL FOREIGN VISITORS TO
NATIONAL LABORATORIES.
Before an individual who is a citizen of a foreign nation
is allowed to enter a national laboratory, the Secretary of
Energy shall require that a security clearance investigation
(known as a "background check") be carried out on that
individual.
SEC. 504. REPORT TO CONGRESS.
(a) Report.--(1) The Director of Central Intelligence and
the Director of the Federal Bureau of Investigation jointly
shall submit to the committees referred to in subsection (c)
a report on counterintelligence activities at the national
laboratories, including facilities and areas at the national
laboratories at which unclassified work is carried out.
(2) The report shall include--
(A) a description of the status of counterintelligence
activities at each of the national laboratories;
(B) the net assessment produced under paragraph (3); and
[[Page S8936]]
(C) a recommendation as to whether or not section 502
should be repealed.
(3)(A) A net assessment of the foreign visitors program at
the national laboratories shall be produced for purposes of
the report under this subsection and included in the report
under paragraph (2)(B).
(B) The assessment shall be produced by a panel of
individuals with expertise in intelligence,
counterintelligence, and nuclear weapons design matters.
(b) Deadline for Submittal.--The report required by
subsection (a) shall be submitted not later than 90 days
after the date of the enactment of this Act.
(c) Committees.--The committees referred to in this
subsection are the following:
(1) The Committees on Armed Services and Appropriations and
the Select Committee on Intelligence of the Senate.
(2) The Committees on Armed Services and Appropriations and
the Permanent Select Committee on Intelligence of the House
of Representatives.
SEC. 505. DEFINITIONS.
In this title:
(1) The term "national laboratory" means any of the
following:
(A) The Lawrence Livermore National Laboratory, Livermore,
California.
(B) The Los Alamos National Laboratory, Los Alamos, New
Mexico.
(C) The Sandia National Laboratories, Albuquerque, New
Mexico.
(2) The term "sensitive countries list" means the list
prescribed by the Secretary of Energy known as the Department
of Energy List of Sensitive Countries.
TITLE VI--FOREIGN COUNTERINTELLIGENCE AND INTERNATIONAL TERRORISM
INVESTIGATIONS
SEC. 601. EXPANSION OF DEFINITION OF "AGENT OF A FOREIGN
POWER" FOR PURPOSES OF THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978.
Section 101(b)(2) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801(b)(2)) is amended--
(1) in subparagraph (C), by striking "or" at the end;
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following new
subparagraph (D):
"(D) knowingly enters the United States under a false or
fraudulent identity for or on behalf of a foreign power or,
while in the United States, knowingly assumes a false or
fraudulent identity for or on behalf of a foreign power;
or".
SEC. 602. FEDERAL BUREAU OF INVESTIGATION REPORTS TO OTHER
EXECUTIVE AGENCIES ON RESULTS OF
COUNTERINTELLIGENCE ACTIVITIES.
Section 811(c)(2) of the Counterintelligence and Security
Enhancements Act of 1994 (title VIII of Public Law 103-359;
108 Stat. 3455; 50 U.S.C. 402a(c)(2)) is amended by striking
"after a report has been provided pursuant to paragraph
(1)(A)".
TITLE VII--BLOCKING ASSETS OF MAJOR NARCOTICS TRAFFICKERS
SEC. 701. FINDING AND POLICY.
(a) Finding.--Congress makes the following findings:
(1) Presidential Decision Directive 42, issued on October
21, 1995, ordered agencies of the executive branch of the
United States Government to, inter alia, increase the
priority and resources devoted to the direct and immediate
threat international crime presents to national security,
work more closely with other governments to develop a global
response to this threat, and use aggressively and creatively
all legal means available to combat international crime.
(2) Executive Order No. 12978 of October 21, 1995, provides
for the use of the authorities in the International Emergency
Economic Powers Act (IEEPA) to target and sanction four
specially designated narcotics traffickers and their
organizations which operate from Colombia.
(b) Policy.--It should be the policy of the United States
to impose economic and other financial sanctions against
foreign international narcotics traffickers and their
organizations worldwide.
SEC. 702. PURPOSE.
The purpose of this title is to provide for the use of the
authorities in the International Emergency Economic Powers
Act to sanction additional specially designated narcotics
traffickers operating worldwide.
SEC. 703. DESIGNATION OF CERTAIN FOREIGN INTERNATIONAL
NARCOTICS TRAFFICKERS.
(a) Preparation of List of Names.--Not later than January
1, 2000 and not later than January 1 of each year thereafter,
the Secretary of the Treasury, in consultation with the
Attorney General, Director of Central Intelligence, Secretary
of Defense, and Secretary of State, shall transmit to the
President and to the Director of the Office of National Drug
Control Policy a list of those individuals who play a
significant role in international narcotics trafficking as of
that date.
(b) Exclusion of Certain Persons From List.--
(1) In general.--Notwithstanding any other provision of
this section, the list described in subsection (a) shall not
include the name of any individual if the Director of Central
Intelligence determines that the disclosure of that person's
role in international narcotics trafficking could compromise
United States intelligence sources or methods. The Director
of Central Intelligence shall advise the President when a
determination is made to withhold an individual's identity
under this subsection.
(2) Reports.--In each case in which the Director of Central
Intelligence has made a determination under paragraph (1),
the President shall submit a report in classified form to the
Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Represent setting forth the reasons for the determination.
(d) Designation of Individuals as Threats to the United
States.--The President shall determine not later than March 1
of each year whether or not to designate persons on the list
transmitted to the President that year as persons
constituting an unusual and extraordinary threat to the
national security, foreign policy, and economy of the United
States. The President shall notify the Secretary of the
Treasury of any person designated under this subsection. If
the President determines not to designate any person on such
list as such a threat, the President shall submit a report to
Congress setting forth the reasons therefore.
(e) Changes in Designations of Individuals.--
(1) Additional Individuals Designated.--If at any time
after March 1 of a year, but prior to January 1 of the
following year, the President determines that a person is
playing a significant role in international narcotics
trafficking and has not been designated under subsection (d)
as a person constituting an unusual and extraordinary threat
to the national security, foreign policy, and economy of the
United States, the President may so designate the person. The
President shall notify the Secretary of the Treasury of any
person designated under this paragraph.
(2) Removal of Designations of Individuals.--Whenever the
President determines that a person designated under
subsection (d) or paragraph (1) of this subsection no longer
poses an unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States,
the person shall no longer be considered as designated under
that subsection.
(f) References.--Any person designated under subsection (d)
or (e) may be referred to in this Act as a "specially
designated narcotics trafficker".
SEC. 704. BLOCKING ASSETS.
(a) Finding.--Congress finds that a national emergency
exists with respect to any individual who is a specially
designated narcotics trafficker.
(b) Blocking of Assets.--Except to the extent provided in
section 203(b) of the International Emergency Economic Powers
Act (50 U.S.C. 1702(b)) and in regulations, orders,
directives, or licenses that may be issued pursuant to this
Act, and notwithstanding any contract entered into or any
license or permit granted prior to the date of designation of
a person as a specially designated narcotics trafficker,
there are hereby blocked all property and interests in
property that are, or after that date come, within the United
States, or that are, or after that date come, within the
possession or control of any United States person, of--
(1) any specially designated narcotics trafficker;
(2) any person who materially and knowingly assists in,
provides financial or technological support for, or provides
goods or services in support of, the narcotics trafficking
activities of a specially designated narcotics trafficker;
and
(3) any person determined by the Secretary of the Treasury,
in consultation with the Attorney General, Director of
Central Intelligence, Secretary of Defense, and Secretary of
State, to be owned or controlled by, or to act for or on
behalf of, a specially designated narcotics trafficker.
(c) Prohibited Acts.--Except to the extent provided in
section 203(b) of the International Emergency Economic Powers
Act or in any regulation, order, directive, or license that
may be issued pursuant to this Act, and notwithstanding any
contract entered into or any license or permit granted prior
to the effective date, the following acts are prohibited:
(1) Any transaction or dealing by a United States person,
or within the United States, in property or interests in
property of any specially designated narcotics trafficker.
(2) Any transaction or dealing by a United States person,
or within the United States, that evades or avoids, has the
purpose of evading or avoiding, or attempts to violate,
subsection (b).
(d) Law Enforcement and Intelligence Activities Not
Affected.--Nothing in this section is intended to prohibit or
otherwise limit the authorized law enforcement or
intelligence activities of the United States, or the law
enforcement activities of any State or subdivision thereof.
(e) Implementation.--The Secretary of the Treasury, in
consultation with the Attorney General, Director of Central
Intelligence, Secretary of Defense, and Secretary of State,
is authorized to take such actions, including the
promulgation of rules and regulations, and to employ all
powers granted to the President by the International
Emergency Economic Powers Act as may be necessary to carry
out this section. The Secretary of the Treasury may
redelegate any of these functions to any other officer or
agency of the United States Government. Each agency of the
United States shall take all appropriate measures within its
authority to carry out this section.
(f) Enforcement.--Violations of licenses, orders, or
regulations under this Act shall be subject to the same civil
or criminal penalties as are provided by section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705)
for violations of licenses, orders, and regulations under
that Act.
(g) Definitions.--In this section:
(1) Entity.--The term "entity" means a partnership,
association, corporation, or other organization, group or
subgroup.
[[Page S8937]]
(2) Narcotics trafficking.--The term "narcotics
trafficking" means any activity undertaken illicitly to
cultivate, produce, manufacture, distribute, sell, finance,
or transport, or otherwise assist, abet, conspire, or collude
with others in illicit activities relating to, narcotic
drugs, including, but not limited to, heroin, methamphetamine
and cocaine.
(3) Person.--The term "person" means an individual or
entity.
(4) United states person.--The term "United States
person" means any United States citizen or national,
permanent resident alien, entity organized under the laws of
the United States (including foreign branches), or any person
in the United States.
SEC. 705. DENIAL OF VISAS TO AND INADMISSIBILITY OF SPECIALLY
DESIGNATED NARCOTICS TRAFFICKERS.
(a) Prohibition.--The Secretary of State shall deny a visa
to, and the Attorney General may not admit to the United
States--
(1) any specially designated narcotics trafficker; or
(2) any alien who the consular officer or the Attorney
General knows or has reason to believe--
(A) is a spouse or minor child of a specially designated
narcotics trafficker; or
(B) is a person described in paragraph (2) or (3) of
section 704(b).
(b) Exceptions.--Subsection (a) shall not apply--
(1) where the Secretary of State finds, on a case-by-case
basis, that the entry into the United States of the person is
necessary for medical reasons;
(2) upon the request of the Attorney General, Director of
Central Intelligence, Secretary of the Treasury, or the
Secretary of Defense; or
(3) for purposes of the prosecution of a specially
designated narcotics trafficker.
TITLE VIII--COMMISSION TO ASSESS THE BALLISTIC MISSILE THREAT TO THE
RUSSIAN FEDERATION
SEC. 801. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is hereby established a
commission to be known as the "Commission to Assess the
Ballistic Missile Threat to the Russian Federation"
(hereinafter in this title referred to as the
"Commission").
(b) Composition.--The Commission shall be composed of nine
members appointed by the Director of Central Intelligence. In
selecting individuals for appointment to the Commission, the
Director should consult with--
(1) the Speaker of the House of Representatives concerning
the appointment of three of the members of the Commission;
(2) the majority leader of the Senate concerning the
appointment of three of the members of the Commission; and
(3) the minority leader of the House of Representatives and
the minority leader of the Senate concerning the appointment
of three of the members of the Commission.
(c) Qualifications.--Members of the Commission shall be
appointed from among private United States citizens with
knowledge and expertise in the political and military aspects
of proliferation of ballistic missiles and the ballistic
missile threat to the Russian Federation.
(d) Chairman.--The Speaker of the House of Representatives,
after consultation with the majority leader of the Senate and
the minority leaders of the House of Representatives and the
Senate, shall designate one of the members of the Commission
to serve as chairman of the Commission.
(e) Period of Appointment; Vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall be filled in the same manner as the original
appointment.
(f) Security Clearances.--All members of the Commission
shall hold appropriate security clearances.
(g) Initial Organization Requirements.--(1) All
appointments to the Commission shall be made not later than
45 days after the date of the enactment of this Act.
(2) The Commission shall convene its first meeting not
later than 30 days after the date as of which all members of
the Commission have been appointed, but not earlier than
October 15, 1999.
SEC. 802. DUTIES OF COMMISSION.
(a) Review of Ballistic Missile Threat.--The Commission
shall assess the nature and magnitude of the existing and
emerging ballistic missile threat to the Russian Federation.
(b) Cooperation from Government Officials.--In carrying out
its duties, the Commission should receive the full and timely
cooperation of the Secretary of Defense, the Director of
Central Intelligence, and any other United States Government
official responsible for providing the Commission with
analyses, briefings, and other information necessary for the
fulfillment of its responsibilities.
SEC. 803. REPORT.
The Commission shall, not later than six months after the
date of its first meeting, submit to Congress a report on its
findings and conclusions.
SEC. 804. POWERS.
(a) Hearings.--The Commission or, at its direction, any
panel or member of the Commission, may, for the purpose of
carrying out the provisions of this title, hold hearings, sit
and act at times and places, take testimony, receive
evidence, and administer oaths to the extent that the
Commission or any panel or member considers advisable.
(b) Information.--The Commission may secure directly from
the Department of Defense, the Central Intelligence Agency,
and any other Federal department or agency information that
the Commission considers necessary to enable the Commission
to carry out its responsibilities under this title.
SEC. 805. COMMISSION PROCEDURES.
(a) Meetings.--The Commission shall meet at the call of the
Chairman.
(b) Quorum.--(1) Five members of the Commission shall
constitute a quorum other than for the purpose of holding
hearings.
(2) The Commission shall act by resolution agreed to by a
majority of the members of the Commission.
(c) Commission.--The Commission may establish panels
composed of less than full membership of the Commission for
the purpose of carrying out the Commission's duties. The
actions of each such panel shall be subject to the review and
control of the Commission. Any findings and determinations
made by such a panel shall not be considered the findings and
determinations of the Commission unless approved by the
Commission.
(d) Authority of Individuals To Act for Commission.--Any
member or agent of the Commission may, if authorized by the
Commission, take any action which the Commission is
authorized to take under this title.
SEC. 806. PERSONNEL MATTERS.
(a) Pay of Members.--Members of the Commission shall serve
without pay by reason of their work on the Commission.
(b) Travel Expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(c) Staff.--(1) The chairman of the Commission may, without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, appoint a
staff director and such additional personnel as may be
necessary to enable the Commission to perform its duties. The
appointment of a staff director shall be subject to the
approval of the Commission.
(2) The chairman of the Commission may fix the pay of the
staff director and other personnel without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the
rate of pay fixed under this paragraph for the staff director
may not exceed the rate payable for level V of the Executive
Schedule under section 5316 of such title and the rate of pay
for other personnel may not exceed the maximum rate payable
for grade GS-15 of the General Schedule.
(d) Detail of Government Employees.--Upon request of the
chairman of the Commission, the head of any Federal
department or agency may detail, on a nonreimbursable basis,
any personnel of that department or agency to the Commission
to assist it in carrying out its duties.
(e) Procurement of Temporary and Intermittent Services.--
The chairman of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals which do not
exceed the daily equivalent of the annual rate of basic pay
payable for level V of the Executive Schedule under section
5316 of such title.
TITLE IX--AGENCY FOR NUCLEAR STEWARDSHIP
SEC. 901. DEPARTMENT OF ENERGY NUCLEAR SECURITY.
(a) Section 202(a) of the Department of Energy Organization
Act (referred to in this section as the "Act") is amended
by striking the second sentence and inserting "The Secretary
shall delegate to the Deputy Secretary such duties as the
Secretary may prescribe unless such delegation is otherwise
prohibited by law, and the Deputy Secretary shall act for and
exercise the functions of the Secretary during the absence or
disability of the Secretary or in the event the office of the
Secretary becomes vacant.".
(b) Section 202(b) of the Act is amended by striking the
first two sentences and inserting "There shall be in the
Department two Under Secretaries and a General Counsel, who
shall be appointed by the President, by and with the advice
and consent of the Senate. One Under Secretary shall be the
Under Secretary for Nuclear Stewardship. The other Under
Secretary shall bear primary responsibility for science,
energy (including energy conservation), and environmental
functions.".
(c) After section 212 of the Act add the following new
section:
"AGENCY FOR NUCLEAR STEWARDSHIP
"Sec. 213(a) There shall be within the Department a
separately organized Agency for Nuclear Stewardship under the
direction, authority, and control of the Secretary, to be
headed by the Under Secretary for Nuclear Stewardship who
shall also serve as Director of the Agency.
"(b) The Under Secretary for Nuclear Stewardship shall be
a person who has an extensive background in national
security, organizational management and appropriate technical
fields, and is especially well qualified to manage the
nuclear weapons, nonproliferation and fissile materials
disposition programs of the Department in a manner that
advances and protects the national security of the United
States.
"(c) The Secretary shall be responsible for all policies
of the Agency. The Under Secretary for Nuclear Stewardship
shall report solely and directly to the Secretary and shall
be subject to the supervision and direction of the Secretary.
The Secretary shall have a staff adequate to fulfill the
responsibility to set policies throughout the Department
including establishing policies governing the Agency for
Nuclear Stewardship. The Secretary's staff, including but not
limited to the General Counsel and the Chief Financial
Officer, shall assist the Secretary in the supervision of the
development and implementation of
[[Page S8938]]
policies set forth by the Secretary and shall advise the
Secretary on the adequacy of such development and
implementation. The Secretary may not delegate to any
Department official, other than the Deputy Secretary, the
duty to supervise or direct the Under Secretary for Nuclear
Stewardship.
"(d) The Secretary may direct other officials of the
Department who are not within the Agency for Nuclear
Stewardship to review the Agency's programs and to make
recommendations to the Secretary regarding the administration
of such programs, including consistency with other similar
programs and activities in the Department.
"(e) The Secretary shall assign to the Under Secretary for
Nuclear Stewardship direct authority over and responsibility
for--
"(1) all programs and activities of the Department related
to its national security functions, including nuclear
weapons, nonproliferation and fissile materials disposition;
and
"(2) all activities at the Department's national security
laboratories, and nuclear weapons production facilities.
"(f) The Secretary shall assign to the Under Secretary for
Nuclear Stewardship direct authority over and responsibility
for all executive and administrative operations and functions
of the Agency for Nuclear Stewardship (except for the
authority and responsibility assigned to the Deputy Director
for Naval Reactors), including but not limited to--
"(1) strategic management;
"(2) policy development and guidance;
"(3) budget formulation and guidance;
"(4) resource requirements determination and allocation;
"(5) program direction;
"(6) safeguards and security;
"(7) emergency management;
"(8) integrated safety management;
"(9) environment, safety, and health operations (except
those environmental remediation and nuclear waste management
activities and facilities that the Secretary determines are
best managed by other officials of the Department);
"(10) administration of contracts, including those for the
management and operation of the nuclear weapons production
facilities and the national security laboratories;
"(11) intelligence;
"(12) counterintelligence;
"(13) personnel, including their selection, appointment,
distribution, supervision, fixing of compensation, and
separation;
"(14) procurement of services of experts and consultants
in accordance with section 3109 of title 5, United States
Code; and
"(15) legal matters.
"(g) There shall be within the Agency three Deputy
Directors, each of whom shall be appointed by the President,
by and with the advice and consent of the Senate, who shall
be compensated at the rate provided for at level IV of the
Executive Schedule under section 5315 of title 5 (except the
Deputy Director for Naval Reactors when an active duty naval
officer). There shall be a Deputy Director for each of the
following functions--
"(1) defense programs;
"(2) nonproliferation and fissile materials disposition;
and
"(3) naval reactors.
"(h) The Deputy Director for Naval Reactors shall report
to the Secretary of Energy through the Under Secretary for
Nuclear Stewardship and have direct access to the Secretary
and other senior officials of the Department, and shall be
assigned the responsibilities, authorities, and
accountability for all functions of the Office of Naval
Reactors as described by the reference in section 1634 of
Public Law 98-525. Except as specified in subsection (g) and
this subsection, all other provisions described by the
reference in section 1634 of Public Law 98-525 remain in full
force until changed by law.
"(i) There shall be within the Agency three offices, each
of which shall be administered by a Chief appointed by the
Under Secretary for Nuclear Stewardship. There shall be a:
"(1) Chief of Nuclear Stewardship Counterintelligence, who
shall report to the Under Secretary and implement the
counterintelligence policies directed by the Secretary and
Under Secretary. The Chief of Nuclear Stewardship
Counterintelligence shall have direct access to the Secretary
and all other officials of the Department and its contractors
concerning counterintelligence matters and shall be
responsible for--
"(A) the development and implementation of the Agency's
counterintelligence programs to prevent the disclosure or
loss of classified or other sensitive information; and
"(B) the development and administration of personnel
assurance programs within the Agency for Nuclear Stewardship.
"(2) Chief of Nuclear Stewardship Security, who shall
report to the Under Secretary and shall implement the
security policies directed by the Secretary and Under
Secretary. The chief of Nuclear Stewardship Security shall
have direct access to the Secretary and all other officials
of the Department and its contractors concerning security
matters and shall be responsible for the development and
implementation of security programs for the Agency including
the protection, control and accounting of materials, and the
physical and cybersecurity for all facilities in the Agency.
"(3) Chief of Nuclear Stewardship Intelligence, who shall
be a senior executive service employee of the Agency or an
agency of the intelligence community who shall report to the
Under Secretary and shall have direct access to the Secretary
and all other officials of the Department and its contractors
concerning intelligence matters and shall be responsible for
all programs and activities of the Agency relating to the
analysis and assessment of intelligence with respect to
foreign nuclear weapons, materials, and other nuclear matters
in foreign nations.
"(j)(1) The Under Secretary shall, with the approval of
the Secretary and the Director of the Federal Bureau of
Investigation, designate the chief of Counterintelligence who
shall have special expertise in counterintelligence.
"(2) If such person is a Federal employee of an entity
other than the Agency, the service of such employee as Chief
shall not result in any loss of employment status, right, or
privilege by such employee.
"(k) All personnel of the Agency for Nuclear Stewardship,
in carrying out any function of the Agency, shall be
responsible to, and subject to the supervision and direction
of, the Secretary and the Under Secretary for Nuclear
Stewardship or his designee within the Agency, and shall not
be responsible to, or subject to the supervision or direction
of, any other officer, employee, or agent of any other part
of the Department. Such supervision and direction of any
Director or contract employee of a national security
laboratory or of a nuclear weapons production facility shall
not interfere with communication to the Department, the
President, or Congress, of technical findings or technical
assessments derived from, and in accord with, duly authorized
activities. The Under Secretary for Nuclear Stewardship shall
have responsibility and authority for, and may use, an
appropriate field structure for the programs and activities
of the Agency.
"(l) The Under Secretary for Nuclear Stewardship shall
delegate responsibilities to the Deputy Directors except that
the responsibilities, authorities and accountability of the
Deputy Director for Naval Reactors are as described in
subsection (h).
"(m) The Directors of the national security laboratories
and the heads of the nuclear weapons production facilities
and the Nevada Test Site shall report, consistent with their
contractual obligations, directly to the Deputy Director for
Defense Programs.
"(n) The Under Secretary for Nuclear Stewardship shall
maintain within the Agency staff sufficient to implement the
policies of the Secretary and Under Secretary for Nuclear
Stewardship for the Agency. At a minimum these staff shall be
responsible for--
"(1) personnel;
"(2) legal services; and
"(3) financial management.
"(o)(1) The Secretary shall ensure that other programs of
the Department, other Federal agencies, and other appropriate
entities continue to use the capabilities of the national
security laboratories.
"(2) The Under Secretary, under the direction, authority,
and control of the Secretary, shall, consistent with the
effective discharge of the Agency's responsibilities, make
the capabilities of the national security laboratories
available to the entities in paragraph (1) in a manner that
continues to provide direct programmatic control by such
entities.
"(p)(1) Not later than March 1 of each year the Under
Secretary for Nuclear Stewardship shall submit through the
Secretary to the Director of Central Intelligence, the
Director of the Federal Bureau of Investigation, the Senate
and the House of Representatives, a report on the status and
effectiveness of the security and counterintelligence
programs of the Agency for Nuclear Stewardship during the
preceding year.
"(2) The report shall provide information on--
"(A) the status and effectiveness of security and
counterintelligence programs at each nuclear weapons
production facility, national security laboratory, or any
other facility or institution at which classified nuclear
weapons work is performed;
"(B) the adequacy of procedures and policies for
protecting national security information at each nuclear
weapons production facility, national security laboratory, or
any other facility or institution at which classified nuclear
weapons work is performed;
"(C) whether each nuclear weapons production facility,
national security laboratory, or other facility or
institution at which classified nuclear weapons work is
performed is in full compliance with all security and
counterintelligence requirements, and if not what measures
are being taken or are in place to bring such facility,
laboratory, or institution into compliance;
"(D) any significant violation of law, rule, regulation,
or other requirement relating to security or
counterintelligence at each nuclear weapons production
facility, national security laboratory, or any other facility
or institution at which classified nuclear weapons work is
performed;
"(E) each foreign visitor or assignee, the national
security laboratory, nuclear weapons production facility, or
other facility or institution at which classified nuclear
weapons work is performed, visited, the purpose and
justification for the visit, the duration of the visit,
whether the visitor or assignee had access to classified or
sensitive information or facilities, and whether a background
check was performed on such visitor prior to such visit; and
"(F) such other matters and recommendations to Congress as
the Under Secretary deems appropriate.
"(3) Each report required by this subsection shall be
submitted in unclassified for The bill (H.R. 1555), as amend
annex.
"(4) Thirty days prior to the submission of the report
required by subsection (p)(1), but in any event no later than
February 1 of each year, the director of each Department of
Energy national security laboratory and nuclear weapons
production facility shall certify in writing to the Under
Secretary for Nuclear Stewardship whether that laboratory or
facility is in full compliance with all national security
information protection requirements. If the laboratory or
facility is not in full compliance, the director of the
laboratory or facility shall report on why it is not in
compliance, what measures are being
[[Page S8939]]
taken to bring it into compliance, and when it will be in
compliance.
"(q) The Under Secretary for Nuclear Stewardship shall
keep the Secretary, the Committees on Armed Services of the
Senate and House of Representatives, the Committee on Energy
and Natural Resources of the Senate, the Committee on
Governmental Affairs of the Senate, the Committee on Commerce
of the House of Representatives, the Select Committee on
Intelligence of the Senate, and the Permanent Select
Committee on Intelligence of the House of Representatives
fully and currently informed regarding any actual or
potential significant threat to, or loss of, national
security information, unless such information has already
been reported to the Senate Select Committee on Intelligence
and the House Permanent Select Committee on Intelligence
pursuant to the National Security Act of 1947, as amended.
"(r) Personnel of the Agency for Nuclear Stewardship who
have reason to believe that there is a problem, abuse,
violation of law or executive order, or deficiency relating
to the management of classified information shall promptly
report such problem, abuse, violation, or deficiency to the
Under Secretary for Nuclear Stewardship.
"(s)(1) The Under Secretary for Nuclear Stewardship shall
not be required to obtain the approval of any officer or
employee of the Department of Energy, except the Secretary,
or any officer or employee of any other Federal agency or
department for the preparation or delivery of any report
required by this section.
"(2) No officer or employee of the Department of Energy or
any other Federal agency or department may delay, deny,
obstruct or otherwise interfere with the preparation of any
report required by this section.
"(t) For purposes of this section--
"(1) the term `personnel of the Agency for Nuclear
Stewardship' means each officer or employee within the
Department of Energy, and any officer or employee of any
contractor of the Department (pursuant to the terms of the
contract), whose--
"(A) responsibilities include carrying out a function of
the Agency for Nuclear Stewardship; or
"(B) employment is funded primarily under the--
"(i) Weapons Activities; or
"(ii) Nonproliferation, Fissile Materials Disposition or
Naval Reactors portions of the Other Defense Activities
budget functions of the Department;
"(2) the term `nuclear weapons production facility' means
the following facilities--
"(A) the Kansas City Plant, Kansas City, Missouri;
"(B) the Pantex Plant, Amarillo, Texas;
"(C) the Y-12 Plant, Oak Ridge, Tennessee;
"(D) the tritium operations facilities at the Savannah
River Site, Aiken, South Carolina;
"(E) the Nevada Test Site, Nevada; and
"(F) any other facility the Secretary designates.
"(3) the term `national security laboratory' means the
following laboratories--
"(A) the Los Alamos National Laboratory, Los Alamos, New
Mexico;
"(B) the Lawrence Livermore National Laboratory,
Livermore, California; and
"(C) the Sandia National Laboratories, Albuquerque, New
Mexico, and Livermore, California.
"(u) The Agency for Nuclear Stewardship shall comply with
all applicable environmental, safety, and health statutes and
substantive requirements. The Under Secretary for Nuclear
Stewardship shall develop procedures for meeting such
requirements. Nothing in this section shall diminish the
authority of the Secretary to ascertain and ensure that such
compliance occurs.
"(v) The Secretary shall be responsible for developing and
promulgating departmental security, counterintelligence and
intelligence policies, and may use his immediate staff to
assist him in developing and promulgating such policies. The
Under Secretary for Nuclear Stewardship is responsible for
implementation of all security, counterintelligence and
intelligence policies within the Agency for Nuclear
Stewardship. The Under Secretary for Nuclear Stewardship may
establish agency-specific policies unless disapproved by the
Secretary.
"(w) In addition to any personnel occupying senior-level
positions in the Department on the date of enactment of this
section, there shall be within the Agency not more than 25
additional employees in senior-level positions, as defined by
title 5, United States Code, who shall be employed by the
Agency for Nuclear Stewardship and who shall perform such
functions as the Under Secretary for Nuclear Stewardship
shall prescribe from time to time.".
(d) Within 180 days of the date of enactment of this Act,
the Secretary shall report to the Senate and the House of
Representatives on the adequacy of the Department's
procedures and policies for protecting national security
information, including national security information at the
Department's laboratories, nuclear weapons facilities and
other facilities, making such recommendations to Congress as
may be appropriate.
(e) The following technical and conforming amendments are
made:
(1) Section 5314 of title 5, United States Code, is amended
by striking "Under Secretary, Department of Energy" and
inserting "Under Secretaries of Energy (2), one of whom
serves as the Director, Agency for Nuclear Stewardship".
(2) Section 202(b) of the Act is amended in the third
sentence by striking "Under Secretary" and inserting
"Under Secretaries".
(3) Section 212 of the Act is amended by striking
subsection 212(b) and redesignating subsection 212(c) as
subsection 212(b).
(4) Section 309 of the Act is amended by striking
"Assistant Secretary to whom the Secretary has assigned the
functions listed in section 203(a)(2)(E)" and inserting
"Under Secretary for Nuclear Stewardship".
(5) The table of contents of the Act is amended by
inserting after the item relating to section 212 the
following new item:
"Sec. 213. Agency for Nuclear Stewardship.".
Mr. SHELBY. Mr. President, I ask consent that the Senate insist on
its amendment, request a conference with the House, and the Chair be
authorized to appoint conferees on the part of the Senate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The PRESIDING OFFICER (Mr. Abraham) appointed Mr. Shelby, Mr. Chafee,
Mr. Lugar, Mr. DeWine, Mr. Kyl, Mr. Inhofe, Mr. Hatch, Mr. Roberts, Mr.
Allard, Mr. Warner, Mr. Kerrey of Nebraska, Mr. Bryan, Mr. Graham of
Florida, Mr. Kerry of Massachusetts, Mr. Baucus, Mr. Robb, Mr.
Lautenberg, and Mr. Levin; from the Committee on Armed Services, Mr.
Warner, conferees on the part of the Senate.
Mr. SHELBY. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. LEAHY. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.