Home > 106th Congressional Bills > H.R. 4392 (rh) To authorize appropriations for fiscal year 2001 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, a...H.R. 4392 (rh) To authorize appropriations for fiscal year 2001 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, a...
Calendar No. 570
106th CONGRESS
2d Session
H. R. 4392
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 24, 2000
Received; read twice and placed on the calendar
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2001 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2001''.
(b) Table of Contents.--The table of contents of 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.
Sec. 105. Transfer authority of the Director of Central Intelligence.
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. Sense of the Congress on intelligence community contracting.
Sec. 304. Authorization for travel on any common carrier for certain
intelligence collection personnel.
Sec. 305. Reports on acquisition of technology relating to weapons of
mass destruction and advanced conventional
munitions.
Sec. 306. Update of report on effects of foreign espionage on United
States trade secrets.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
Sec. 401. Modifications to Central Intelligence Agency's central
services program.
Sec. 402. Technical corrections.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
Sec. 501. Three-year extension of authority to engage in commercial
activities as security for intelligence
collection activities.
Sec. 502. Contracting authority for the National Reconnaissance Office.
Sec. 503. Report to the House Permanent Select Committee on
Intelligence.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2001
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The 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, 2001, 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 bill H.R. 4392 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 2001 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 2 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 2001 the sum of
$144,231,000. Within such amount, funds identified in the classified
Schedule of Authorizations referred to in section 102(a) for the
Advanced Research and Development Committee shall remain available
until September 30, 2002.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of Central
Intelligence are authorized 356 full-time personnel as of September 30,
2001. Personnel serving in such elements may be permanent employees of
the Intelligence Community Management Account 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 Intelligence
Community Management Account by subsection (a), there are also
authorized to be appropriated for the Intelligence Community
Management Account for fiscal year 2001 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, 2002.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Intelligence Community Management Account as of September 30,
2001, there are hereby authorized such additional personnel for
such elements as of that date as are 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
2001, any officer or employee of the United States or a member of the
Armed Forces who is detailed to the staff of the Intelligence 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 1 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), $28,000,000 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, 2002, and
funds provided for procurement purposes shall remain available
until September 30, 2003.
(2) Transfer of funds.--The Director of Central
Intelligence shall transfer to the Attorney General funds
available for the National Drug Intelligence Center under
paragraph (1). The Attorney General shall utilize funds so
transferred for the activities of the National Drug
Intelligence 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.
SEC. 105. TRANSFER AUTHORITY OF THE DIRECTOR OF CENTRAL INTELLIGENCE.
(a) Limitation on Delegation of Authority of Departments To Object
to Transfers.--Section 104(d)(2) of the National Security Act of 1947
(50 U.S.C. 403-4(d)(2)) is amended--
(1) by inserting ``(A)'' after ``(2)'';
(2) by redesignating subparagraphs (A), (B), (C), (D), and
(E) as clauses (i), (ii), (iii), (iv), and (v), respectively;
(3) in clause (v), as so redesignated, by striking ``the
Secretary or head'' and inserting ``subject to subparagraph
(B), the Secretary or head''; and
(4) by adding at the end the following new subparagraph:
``(B)(i) Except as provided in clause (ii), the authority to object
to a transfer under subparagraph (A)(v) may not be delegated by the
Secretary or head of the department involved.
``(ii) With respect to the Department of Defense, the authority to
object to such a transfer may be delegated by the Secretary of Defense,
but only to the Deputy Secretary of Defense.
``(iii) An objection to a transfer under subparagraph (A)(v) shall
have no effect unless submitted to the Director of Central Intelligence
in writing.''.
(b) Limitation on Delegation of Duties of Director of Central
Intelligence.--Section 104(d)(1) of such Act (50 U.S.C. 403-4(d)(1)) is
amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following new subparagraph:
``(B) The Director may only delegate any duty or authority given
the Director under this subsection to the Deputy Director of Central
Intelligence for Community Management.''.
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 2001 the sum of
$216,000,000.
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. SENSE OF THE CONGRESS ON INTELLIGENCE COMMUNITY CONTRACTING.
It is the sense of the Congress that the Director of Central
Intelligence should continue to direct that elements of the
intelligence community, whenever compatible with the national security
interests of the United States and consistent with operational and
security concerns related to the conduct of intelligence activities,
and where fiscally sound, should competitively award contracts in a
manner that maximizes the procurement of products properly designated
as having been made in the United States.
SEC. 304. AUTHORIZATION FOR TRAVEL ON ANY COMMON CARRIER FOR CERTAIN
INTELLIGENCE COLLECTION PERSONNEL.
(a) In General.--Title I of the National Security Act of 1947 (50
U.S.C. 402 et seq.) is amended by adding at the end the following new
section:
``travel on any common carrier for certain intelligence collection
personnel
``Sec. 116. (a) In General.--Notwithstanding any other provision of
law, the Director of Central Intelligence may authorize travel on any
common carrier that, in the discretion of the Director, would by its
use maintain or enhance the protection of sources or methods of
intelligence collection or maintain or enhance the security of
personnel of the intelligence community carrying out intelligence
collection activities.
``(b) Authorized Delegation of Duty.--The Director may only
delegate the authority granted by this section to the Deputy Director
of Central Intelligence, or with respect to employees of the Central
Intelligence Agency the Director may delegate such authority to the
Deputy Director for Operations.''.
(b) Clerical Amendment.--The table of contents for the National
Security Act of 1947 is amended by inserting after the item relating to
section 115 the following new item:
``Sec. 116. Travel on any common carrier for certain intelligence
collection personnel.''.
SEC. 305. REPORTS ON ACQUISITION OF TECHNOLOGY RELATING TO WEAPONS OF
MASS DESTRUCTION AND ADVANCED CONVENTIONAL MUNITIONS.
Section 721(a) of the Intelligence Authorization Act for Fiscal
Year 1997 (50 U.S.C. 2366) (Public Law 104-293, 110 Stat. 3474) is
amended--
(1) by striking ``Not later than 6 months after the date of
the enactment of this Act, and every 6 months thereafter,'' and
inserting ``Not later than March 1, 2001, and every March 1
thereafter,''; and
(2) in paragraph (1), by striking ``6 months'' and
inserting ``year''.
SEC. 306. UPDATE OF REPORT ON EFFECTS OF FOREIGN ESPIONAGE ON UNITED
STATES TRADE SECRETS.
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