[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4392 Engrossed in House (EH)]


  2d Session

                               H. R. 4392

_______________________________________________________________________

                                 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.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                H. R. 4392

_______________________________________________________________________

                                 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.

    By not later than 270 days after the date of the enactment of this 
Act, the Director of Central Intelligence shall submit to Congress a 
report that updates, and revises as necessary, the report prepared by 
the Director pursuant to section 310 of the Intelligence Authorization 
Act for Fiscal Year 2000 (Public Law 106-120; 113 Stat. 1613) (relating 
to a description of the effects of espionage against the United States, 
conducted by or on behalf of other nations, on United States trade 
secrets, patents, and technology development).

                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

SEC. 401. MODIFICATIONS TO CENTRAL INTELLIGENCE AGENCY'S CENTRAL 
              SERVICES PROGRAM.

    Section 21(c)(2) of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 403u(c)(2)) is amended--
            (1) by redesignating subparagraph (F) as subparagraph (G); 
        and
            (2) by inserting after subparagraph (E) the following new 
        subparagraph:
            ``(F) Receipts from miscellaneous reimbursements from 
        individuals and receipts from the rental of property and 
        equipment to employees and detailees.''.

SEC. 402. TECHNICAL CORRECTIONS.

    (a) Reporting Requirement.--Section 17(d)(1) of the Central 
Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)(1)) is amended--
            (1) by adding ``and'' at the end of subparagraph (D);
            (2) by striking subparagraph (E); and
            (3) by redesignating subparagraph (F) as subparagraph (E).
    (b) Terminology With Respect to Government Agencies.--Section 
17(e)(8) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
403q(e)(8)) is amended by striking ``Federal'' each place it appears 
and inserting ``Government''.

         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.

    Section 431(a) of title 10, United States Code, is amended by 
striking ``December 31, 2000'' and inserting ``December 31, 2003''.

SEC. 502. CONTRACTING AUTHORITY FOR THE NATIONAL RECONNAISSANCE OFFICE.

    (a) In General.--The National Reconnaissance Office (``NRO'') shall 
negotiate, write, and manage vehicle acquisition or launch contracts 
that affect or bind the NRO and to which the United States is a party.
    (b) Effective Date.--This section shall apply to any contract for 
NRO vehicle acquisition or launch, as described in subsection (a), that 
is negotiated, written, or executed after the date of the enactment of 
this Act.
    (c) Retroactivity.--This section shall not apply to any contracts, 
as described in subsection (a), in effect as of the date of the 
enactment of this Act.

SEC. 503. REPORT TO THE HOUSE PERMANENT SELECT COMMITTEE ON 
              INTELLIGENCE.

    The Director shall report to the House Permanent Select Committee 
on Intelligence within 60 days on whether the policies and goals of the 
People's Republic of China constitutes a threat to our national 
security.

            Passed the House of Representatives May 23, 2000.

            Attest:

                                                                 Clerk.