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H.R. 5630 (eas) [Engrossed Amendment Senate] ...


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106th CONGRESS
  2d Session
                                H. R. 5630

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 13, 2000

    Mr. Goss (for himself, Mr. Dixon, and Mr. Lewis of California) 
  introduced the following bill; which was referred to the Permanent 
                    Select Committee on Intelligence

                           November 13, 2000

 The Permanent Select Committee on Intelligence discharged; considered 
                               and passed

_______________________________________________________________________

                                 A BILL


 
 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. 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

                   Subtitle A--Intelligence Community

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. National Security Agency voluntary separation.
Sec. 305. Authorization for travel on any common carrier for certain 
                            intelligence collection personnel.
Sec. 306. Update of report on effects of foreign espionage on United 
                            States trade secrets.
Sec. 307. POW/MIA analytic capability within the intelligence 
                            community.
Sec. 308. Applicability to lawful United States intelligence activities 
                            of Federal laws implementing international 
                            treaties and agreements.
Sec. 309. Limitation on handling, retention, and storage of certain 
                            classified materials by the Department of 
                            State.
Sec. 310. Designation of Daniel Patrick Moynihan Place.
 Subtitle B--Diplomatic Telecommunications Service Program Office (DTS-
                                  PO)

Sec. 321. Reorganization of Diplomatic Telecommunications Service 
                            Program Office.
Sec. 322. Personnel.
Sec. 323. Diplomatic Telecommunications Service Oversight Board.
Sec. 324. General provisions.
                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

Sec. 401. Modifications to Central Intelligence Agency's central 
                            services program.
Sec. 402. Technical corrections.
Sec. 403. Expansion of Inspector General actions requiring a report to 
                            Congress.
Sec. 404. Detail of employees to the National Reconnaissance Office.
Sec. 405. Transfers of funds to other agencies for acquisition of land.
Sec. 406. Eligibility of additional employees for reimbursement for 
                            professional liability insurance.
         TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

Sec. 501. Contracting authority for the National Reconnaissance Office.
Sec. 502. Role of Director of Central Intelligence in experimental 
                            personnel program for certain scientific 
                            and technical personnel.
Sec. 503. Measurement and signature intelligence.
                 TITLE VI--COUNTERINTELLIGENCE MATTERS

Sec. 601. Short title.
Sec. 602. Orders for electronic surveillance under the Foreign 
                            Intelligence Surveillance Act of 1978.
Sec. 603. Orders for physical searches under the Foreign Intelligence 
                            Surveillance Act of 1978.
Sec. 604. Disclosure of information acquired under the Foreign 
                            Intelligence Surveillance Act of 1978 for 
                            law enforcement purposes.
Sec. 605. Coordination of counterintelligence with the Federal Bureau 
                            of Investigation.
Sec. 606. Enhancing protection of national security at the Department 
                            of Justice.
Sec. 607. Coordination requirements relating to the prosecution of 
                            cases involving classified information.
Sec. 608. Severability.
               TITLE VII--DECLASSIFICATION OF INFORMATION

Sec. 701. Short title.
Sec. 702. Findings.
Sec. 703. Public Interest Declassification Board.
Sec. 704. Identification, collection, and review for declassification 
                            of information of archival value or 
                            extraordinary public interest.
Sec. 705. Protection of national security information and other 
                            information.
Sec. 706. Standards and procedures.
Sec. 707. Judicial review.
Sec. 708. Funding.
Sec. 709. Definitions.
Sec. 710. Sunset.
 TITLE VIII--DISCLOSURE OF INFORMATION ON JAPANESE IMPERIAL GOVERNMENT

Sec. 801. Short title.
Sec. 802. Designation.
Sec. 803. Requirement of disclosure of records.
Sec. 804. Expedited processing of requests for Japanese Imperial 
                            Government records.
Sec. 805. Effective date.

                    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 conference report on the bill 
H.R. 4392 of the One Hundred Sixth Congress (House Report 106-969).
    (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. COMMUNITY MANAGEMENT ACCOUNT.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Community Management Account of the Director of 
Central Intelligence for fiscal year 2001 the sum of $163,231,000. 
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 Community 
Management Account of the Director of Central Intelligence are 
authorized 313 full-time personnel as of September 30, 2001. Personnel 
serving in such elements may be permanent employees of the 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 Community 
        Management Account by subsection (a), there are also authorized 
        to be appropriated for the 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 
        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 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), $34,100,000 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

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