[Page: H4985]
The SPEAKER pro tempore (Mr. McInnis). Pursuant to House Resolution 179 and rule XXIII, the Chair declares the House in the Committee of the Whole House on the State of the Union for the further consideration of the bill, H.R. 1775.
[TIME: 1900]
IN THE COMMITTEE OF THE WHOLE
Accordingly the House resolved itself into the Committee of the Whole House on the State of the Union for the further consideration of the bill (H.R. 1775) to authorize appropriations for fiscal year 1998 for intelligence and intelligence-related activities of the U.S. Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes, with Mr. Thornberry in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. When the Committee of the Whole rose earlier today, amendment No. 2 offered by the gentleman from Michigan [Mr. Conyers] had been disposed of.
Pursuant to the order of the House of today, the Chairman of the Committee of the Whole may postpone until a time during further consideration in the Committee of the Whole a request for a recorded vote on any amendment and may reduce to not less than 5 minutes the time for voting by electronic device on any postponed question that immediately follows another vote by electronic device without intervening business, provided that the time for voting by electronic device on the first in any series of questions shall not be less than 15 minutes.
....................- AMENDMENT NO. 3 OFFERED BY MR. FRANK OF MASSACHUSETTS -- REDUCTION IN FISCAL YEAR 1998 INTELLIGENCE BUDGET - defeated in Roll No. 255
- AMENDMENT NO. 6 OFFERED BY MS. WATERS -- STUDY OF CIA INVOLVEMENT IN THE USE OF CHEMICAL WEAPONS IN THE PERSIAN GULF WAR
- AMENDMENT NO. 7 OFFERED BY MS. WATERS -- CLANDESTINE DRUG STUDY COMMISSION
The CHAIRMAN. Are there further amendments to title III of the bill?
Mr. GOSS. Mr. Chairman, I ask unanimous consent that the remainder of the committee amendment in the nature of a substitute be considered as read and printed in the Record.
The CHAIRMAN. Is there objection to the request of the gentleman from Florida?
There was no objection.
The text of the remainder of the committee amendment in the nature of a substitute is as follows:
TITLE IV--CENTRAL INTELLIGENCE AGENCY
SEC. 401. MULTIYEAR LEASING AUTHORITY.
(a) In General: Section 5 of the Central Intelligence
Agency Act of 1949 is amended--
(1) by redesignating paragraphs (a) through (f) as paragraphs (1) through (6), respectively;
(2) by inserting `(a)' after `Sec. 5.';
(3) by striking `and' at the end of paragraph (5), as so redesignated;
(4) by striking the period at the end of paragraph (6), as so redesignated, and inserting `; 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 that are not otherwise
authorized pursuant to section 8 of this Act.'; 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 clause (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 in respect of 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 in respect of 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 in that subsequent year; and
`(D) annual funds made available in any fiscal year may be used to make
payments on such lease for a maximum of 12 months beginning any time during
the fiscal year.'.
(b) Effective Date: The amendment made by subsection (a)
applies with respect to multiyear leases entered into pursuant to section 5
of the Central Intelligence Agency Act of 1949, as amended by subsection (a),
on or after October 1, 1997.
SEC. 402. CIA CENTRAL SERVICES 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. (a) Establishment: The Director may--
`(1) establish a program to provide the central services described in subsection (b)(2); and
`(2) make transfers to and expenditures from the working capital fund
established under subsection (b)(1).
`(b) Establishment and Purposes of Central Services Working Capital
Fund: (1) There is established a central services working capital
fund. The Fund shall be available until expended for the purposes described
in paragraph (2), subject to subsection (j).
`(2) The purposes of the Fund are to pay for equipment, salaries,
maintenance, operation and other expenses for such services as the Director,
subject to paragraph (3), determines to be central services that are
appropriate and advantageous to provide to the Agency or to other Federal
agencies on a reimbursable basis.
`(3) The determination and provision of central services by the Director of
Central Intelligence under paragraph (2) shall be subject to the prior
approval of the Director of the Office of Management and Budget.
`(c) Assets in Fund: The Fund shall consist of money and
assets, as follows:
`(1) Amounts appropriated to the Fund for its initial monetary capitalization.
`(2) Appropriations available to the Agency under law for the purpose of supplementing the Fund.
`(3) Such inventories, equipment, and other assets, including inventories and equipment on order, pertaining to the services to be carried on by the central services program.
`(4) Such other funds as the Director is authorized to transfer to the
Fund.
`(d) Limitations: (1) The total value of orders for
services described in subsection (b)(2) from the central services program at
any time shall not exceed an annual amount approved in advance by the
Director of the Office of Management and Budget.
`(2) No goods or services may be provided to any non-Federal entity by the
central services program.
`(e) Reimbursements to Fund: Notwithstanding any other
provision of law, the Fund shall be--
`(1) reimbursed, or credited with advance payments, from applicable appropriations and funds of the Agency, other Intelligence Community agencies, or other Federal agencies, for the central services performed by the central services program, at rates that will recover the full cost of operations paid for from the Fund, including accrual of annual leave, workers' compensation, depreciation of capitalized plant and equipment, and amortization of automated data processing software; and
`(2) if applicable credited with the receipts from sale or exchange of
property, including any real property, or in payment for loss or damage to
property, held by the central services program as assets of the Fund.
`(f) Retention of Portion of Fund Income: (1) The Director
may impose a fee for central services provided from the Fund. The fee for any
item or service provided under the central services program may not exceed
four percent of the cost of such item or service.
`(2) As needed for the continued self-sustaining operation of the Fund, an
amount not to exceed four percent of the net receipts of the Fund in fiscal
year 1998 and each fiscal year thereafter may be retained, subject to
subsection (j), for the acquisition of capital equipment and for the
improvement and implementation of the Agency's information management systems
(including financial management, payroll, and personnel information systems).
Any proposed use of the retained income in fiscal years 1998, 1999, and 2000,
shall only be made with the approval of the Director of the Office of
Management and Budget and after notification to the Permanent Select
Committee on Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate.
`(3) Not later than 30 days after the close of each fiscal year, amounts in
excess of the amount retained under paragraph (2) shall be transferred to the
United States Treasury.
`(g) Audit: (1) The Inspector General of the Central
Intelligence Agency shall conduct and complete an audit of the Fund within
three months after the close of each fiscal year. The Director of the Office
of Management and Budget shall determine the form and content of the audit,
which shall include at least an itemized accounting of the central services
provided, the cost of each service, the total receipts received, the agencies
or departments serviced, and the amount returned to the United States
Treasury.
`(2) Not later than 30 days after the completion of the audit, the Inspector
General shall submit a copy of the audit to the Director of the Office of
Management and Budget, the Director of Central Intelligence, the Permanent
Select Committee on Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate.
`(h) Definitions: For purposes of this section--
`(1) the term `central services program' means the program established under subsection (a); and
`(2) the term `Fund' means the central services working capital fund
established under subsection (b)(1).
`(i) Authorization of Appropriations: There is authorized
to be appropriated to the Fund $5,000,000 for the purposes specified in
subsection (b)(2).
`(j) Termination: (1) The Fund shall terminate on March 31,
2000, unless otherwise reauthorized by an Act of Congress prior to that
date.
`(2) Subject to paragraph (1) and after providing notice to the Permanent
Select Committee on Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate, the Director of Central
Intelligence and the Director of the Office of Management and Budget--
`(A) may terminate the central services program and the Fund at any time; and
`(B) upon any such termination, shall provide for dispositions of 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 such Fund, as may be necessary.'.
SEC. 403. PROTECTION OF CIA FACILITIES.
Subsection (a) of section 15 of the Central Intelligence Agency Act of 1949
(50 U.S.C. 403o(a)) is amended--
(1) by inserting `(1)' after `(a)';
(2) by striking `powers only within Agency installations,' and all that follows through the end, and inserting the following: `powers--
`(A) within the Agency Headquarters Compound and the property controlled and occupied by the Federal Highway Administration located immediately adjacent to such Compound and 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; and
`(B) within any other Agency installation and in the streets, sidewalks, and open areas within the zone beginning at the outside boundary of any such installation 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 paragraph (1)
shall be limited to those circumstances where such personnel can identify
specific and articulable facts giving such personnel reason to believe that
their performance of such functions and exercise of such powers is reasonable
to protect against physical attack or threats of attack upon the 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 of any other Federal police or Federal protective service.
`(4) The rules and regulations enforced by such personnel shall be the rules
and regulations promulgated by the Director and shall only be applicable to
the areas referred to in paragraph (1).
`(5) On 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 Agency.'.
[Page: H5000]
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:
`2161. Joint Military Intelligence College: academic degrees
`Under 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. 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:
`425. Prohibition of unauthorized use of name, initials, or seal:
specified intelligence agencies
`(a) Prohibition: Except with the written permission of the
Secretary of Defense, 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 of Defense, 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 Violations: ' after
`(b)'.
(c) Repeal of Reorganized Provisions: Sections 202 and 445
of title 10, United States Code, are repealed.
(d) Clerical Amendments:
(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.
SEC. 503. EXTENSION OF AUTHORITY FOR ENHANCEMENT OF CAPABILITIES OF
CERTAIN ARMY FACILITIES.
Effective October 1, 1997, section 506(b) of the Intelligence Authorization
Act for Fiscal Year 1996 (Public Law 104-93; 109 Stat. 974) is amended by
striking out `fiscal years 1996 and 1997' and inserting in lieu thereof
`fiscal years 1998 and 1999'.
TITLE VI--MISCELLANEOUS COMMUNITY PROGRAM ADJUSTMENTS
SEC. 601. COORDINATION OF ARMED FORCES INFORMATION SECURITY PROGRAMS.
(a) Program Execution Coordination: The Secretary of a
military department or the head of a defense agency may not obligate or
expend funds for any information security program of that military department
without the concurrence of the Director of the National Security Agency.
(b) Effective Date: This section takes effect on October 1,
1997.
SEC. 602. AUTHORITY OF EXECUTIVE AGENT OF INTEGRATED BROADCAST
SERVICE.
All amounts appropriated for any fiscal year for intelligence information
data broadcast systems may be obligated or expended by an intelligence
element of the Department of Defense only with the concurrence of the
official in the Department of Defense designated as the executive agent of
the Integrated Broadcast Service.
SEC. 603. PREDATOR UNMANNED AERIAL VEHICLE.
(a) Transfer of Functions: Effective October 1, 1997, the
functions described in subsection (b) with respect to the Predator Unmanned
Aerial Vehicle are transferred to the Secretary of the Air Force.
(b) Functions To Be Transferred: Subsection (a) applies to
those functions performed as of June 1, 1997, by the organization within the
Department of Defense known as the Unmanned Aerial Joint Program Office with
respect to the Predator Unmanned Aerial Vehicle.
(c) Transfer of Funds: Effective October 1, 1997, all
unexpended funds appropriated for the Predator Unmanned Aerial Vehicle that
are within the Defense-Wide Program Element number 0305205D are transferred
to Air Force Program Element number 0305154F.
SEC. 604. U-2 SENSOR PROGRAM.
(a) Requirement for Minimum Number of Aircraft: The
Secretary of Defense shall ensure--
(1) that not less than 11 U-2 reconnaissance aircraft are equipped with RAS-1 sensor suites; and
(2) that each such aircraft that is so equipped is maintained in a manner
necessary to counter available threat technologies until the aircraft is
retired or until a successor sensor suite is developed and fielded.
(b) Effective Date: Subsection (a) takes effect on October
1, 1997.
SEC. 605. REQUIREMENTS RELATING TO CONGRESSIONAL BUDGET JUSTIFICATION
BOOKS.
(a) In General: The congressional budget justification
books for any element of the intelligence community submitted to Congress in
support of the budget of the President for any fiscal year shall include, at
a minimum, the following:
(1) For each program for which appropriations are requested for that element of the intelligence community in that budget--
(A) specification of the program, including the program element number for the program;
(B) the specific dollar amount requested for the program;
(C) the appropriation account within which funding for the program is placed;
(D) the budget line item that applies to the program;
(E) specification of whether the program is a research and development program or otherwise involves research and development;
(F) identification of the total cost for the program; and
(G) information relating to all direct and associated costs in each appropriations account for the program.
(2) A detailed accounting of all reprogramming or reallocation actions and the status of those actions at the time of submission of those materials.
(3) Information relating to any unallocated cuts or taxes.
(b) Definitions: For purposes of this section:
(1) The term `intelligence community' has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 401a).
(2) The term `congressional budget justification books' means the budget
justification materials submitted to Congress for any fiscal year in support
of the budget for that fiscal year for any element of the intelligence
community (as contained in the budget of the President submitted to Congress
for that fiscal year pursuant to section 1105 of title 31, United States
Code).
(c) Effective Date: Subsection (a) shall take effect with
respect to fiscal year 1999.
SEC. 606. COORDINATION OF AIR FORCE JOINT SIGINT PROGRAM OFFICE ACTIVITIES
WITH OTHER MILITARY DEPARTMENTS.
(a) Contracts: The Secretary of the Air Force, acting
through the Air Force Joint Airborne Signals Intelligence Program Office, may
not modify, amend, or alter a JSAF program contract without coordinating with
the Secretary of any other military department that would be affected by the
modification, amendment, alteration.
(b) New Developments Affecting Operational Military
Requirements: (1) The Secretary of the Air Force, acting through the
Air Force Joint Airborne Signals Intelligence Program Office, may not enter
into a contract described in paragraph (2) without coordinating with the
Secretary of the military department concerned.
(2) Paragraph (1) applies to a contract for development relating to a JSAF
program that may directly affect the operational requirements of one of the
Armed Forces (other than the Air Force) for the satisfaction of intelligence
requirements.
(c) JSAF Program Defined: For purposes of this section, the
term `JSAF program' means a program within the Joint Signals Intelligence
Avionics Family of programs administered by the Air Force Joint Airborne
Signals Intelligence Program Office.
(d) Effective Date: This section takes effect on October 1,
1997.
[Page: H5001]
SEC. 607. DISCONTINUATION OF THE DEFENSE SPACE RECONNAISSANCE PROGRAM.
Not later than October 1, 1999, the Secretary of Defense shall--
(1) discontinue the Defense Space Reconnaissance Program (a program within the Joint Military Intelligence Program); and
(2) close the organization within the Department of Defense known as the Defense Space Program Office (the management office for that program).
SEC. 608. TERMINATION OF DEFENSE AIRBORNE RECONNAISSANCE OFFICE.
(a) Termination of Office: The organization within the
Department of Defense known as the Defense Airborne Reconnaissance Office is
terminated. No funds available for the Department of Defense may be used for
the operation of that Office after the date specified in subsection (d).
(b) Transfer of Functions: (1) Subject to paragraphs (3)
and (4), the Secretary of Defense shall transfer to the Defense Intelligence
Agency those functions performed on the day before the date of the enactment
this Act by the Defense Airborne Reconnaissance Office that are specified in
paragraph (2).
(2) The functions transferred by the Secretary to the Defense Intelligence
Agency under paragraph (1) shall include functions of the Defense Airborne
Reconnaissance Office relating to its responsibilities for management
oversight and coordination of defense airborne reconnaissance capabilities
(other than any responsibilities for acquisition of systems).
(3) The Secretary shall determine which specific functions are appropriate
for transfer under paragraph (1). In making that determination, the Secretary
shall ensure that responsibility for individual airborne reconnaissance
programs with respect to program management, for research, development, test,
and evaluation, for acquisition, and for operations and related line
management remain with the respective Secretaries of the military
departments.
(4) Any function transferred to the Defense Intelligence Agency under this
subsection is subject to the authority, direction, and control of the
Secretary of Defense.
(c) Report: (1) Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
committees named in paragraph (2) a report containing the Secretary's plan
for terminating the Defense Airborne Reconnaissance Office and transferring
the functions of that office.
(2) The committees referred to in paragraph (1) are--
(A) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and
(B) the Permanent Select Committee on Intelligence and the Committee on
National Security of the House of Representatives.
(d) Effective Date: Subsection (a) shall take effect at the
end of the 120-day period beginning on the date of the enactment of this
Act.
The CHAIRMAN. Are there further amendments to the committee amendment in the nature of a substitute?
............The CHAIRMAN. There being no further amendments to the bill, the question is on the committee amendment in the nature of a substitute, as amended.
The committee amendment in the nature of a substitute, as amended, was agreed to.
The CHAIRMAN. Under the rule, the Committee rises.
Accordingly the Committee rose; and the Speaker pro tempore (Mr. LaHood) having assumed the chair, Mr. Thornberry, Chairman of the Committee of the Whole House on the State of the Union, reported that that Committee, having had under consideration the bill (H.R. 1775) to authorize appropriations for fiscal year 1998 for intelligence and intelligence-related activities of the U.S. Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes, pursuant to House Resolution 179, he reported the bill back to the House with an amendment adopted by the Committee of the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is ordered.
Is a separate vote demanded on any amendment to the committee amendment in the nature of a substitute adopted by the Committee of the Whole? If not, the question is on the amendment.
The amendment was agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, was read the third time, and passed, and a motion to reconsider was laid on the table.
END
|
NEWSLETTER
|
| Join the GlobalSecurity.org mailing list |
|
|
|
