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106th CONGRESS
2d Session
H. R. 5630
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 14 (legislative day, September 22), 2000
Received
_______________________________________________________________________
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. 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
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
Subtitle A--Intelligence Community
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.
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