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