Home > 106th Congressional Bills > S. 2507 (ris) 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, an...S. 2507 (ris) 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, an...
Calendar No. 528
106th CONGRESS
2d Session
S. 2507
[Report No. 106-279]
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 SENATE OF THE UNITED STATES
May 4, 2000
Mr. Shelby from the Select Committee on Intelligence, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
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 for 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.
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. Prohibition on unauthorized disclosure of classified
information.
Sec. 304. POW/MIA analytic capability within the intelligence
community.
Sec. 305. Applicability to lawful United States intelligence activities
of Federal laws implementing international
treaties and agreements.
Sec. 306. Limitation on handling, retention, and storage of certain
classified materials by the Department of
State.
Sec. 307. Clarification of standing of United States citizens to
challenge certain blocking of assets.
Sec. 308. Availability of certain funds for administrative costs of
Counterdrug Intelligence Executive
Secretariat.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
Sec. 401. Expansion of Inspector General actions requiring a report to
Congress.
Sec. 402. Subpoena authority of the Inspector General.
Sec. 403. Improvement and extension of central services program.
Sec. 404. Details 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. Two-year extension of authority to engage in commercial
activities as security for intelligence
collection activities.
Sec. 502. Nuclear test monitoring equipment.
Sec. 503. Experimental personnel management program for technical
personnel for certain elements of the
intelligence community.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations for Fiscal Year 2001.--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 National Reconnaissance Office.
(6) The National Imagery and Mapping Agency.
(7) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Federal Bureau of Investigation.
(b) Authorization of Appropriations for Certain Elements for Fiscal
Years 2002 Through 2005.--Funds are hereby authorized to be
appropriated for each of fiscal years 2002 through 2005 for the conduct
in each such fiscal year of the intelligence and intelligence-related
activities of the following elements of the United States Government:
(1) The Central Intelligence Agency.
(2) The Defense Intelligence Agency.
(3) The National Security Agency.
(4) The National Reconnaissance Office.
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
________ 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 two 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 Select Committee on Intelligence
of the Senate and the Permanent Select Committee on Intelligence of the
House of Representatives whenever the Director exercises the authority
granted by this section.
SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated for
the Community Management Account of the Director of Central
Intelligence for fiscal year 2001 the sum of $232,051,000.
(2) Availability for advanced research and development
committee.--Within the amount authorized to be appropriated in
paragraph (1), amounts 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 a total of 618 full-time personnel as of September 30, 2001.
Personnel serving in such elements may be permanent employees of the
Community Management Account element 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 is 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).
(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 is
hereby authorized such additional personnel for such elements
as of that date as is 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 member of the
Armed Forces who is detailed to the staff of an element within 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 one 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), $27,000,000 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 of the
United States funds available for the National Drug
Intelligence Center under paragraph (1). The Attorney General
shall utilize funds so transferred for 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.
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. PROHIBITION ON UNAUTHORIZED DISCLOSURE OF CLASSIFIED
INFORMATION.
(a) In General.--Chapter 37 of title 18, United States Code, is
amended--
(1) by redesignating section 798A as section 798B; and
(2) by inserting after section 798 the following new
section 798A:
``Sec. 798A. Unauthorized disclosure of classified information
``(a) Prohibition.--Whoever, being an officer or employee of the
United States, a former or retired officer or employee of the United
States, any other person with authorized access to classified
information, or any other person formerly with authorized access to
classified information, knowingly and willfully discloses, or attempts
to disclose, any classified information to a person who is not both an
officer or employee of the United States and who is not authorized
access to the classified information shall be fined not more than
$10,000, imprisoned not more than 3 years, or both.
``(b) Construction of Prohibition.--Nothing in this section shall
be construed to establish criminal liability for disclosure of
classified information in accordance with applicable law to the
following:
``(1) Any justice or judge of a court of the United States
established pursuant to article III of the Constitution of the
United States.
``(2) The Senate or House of Representatives, or any
committee or subcommittee thereof, or joint committee thereof,
or any member of Congress.
``(c) Definitions.--In this section:
``(1) The term `authorized', in the case of access to
classified information, means having authority or permission to
have access to the classified information pursuant to the
provisions of a statute, Executive Order, regulation, or
directive of the head of any department or agency who is
empowered to classify information, an order of any United
States court, or a provision of any Resolution of the Senate or
Rule of the House of Representatives which governs release of
classified information by the such House of Congress.
``(2) The term `classified information' means information
or material designated and clearly marked or represented, or
that the person knows or has reason to believe has been
determined by appropriate authorities, pursuant to the
provisions of a statute or Executive Order, as requiring
protection against unauthorized disclosure for reasons of
national security.
``(3) The term `officer or employee of the United States'
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