[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2507 Reported in Senate (RS)]
Calendar No. 654
106th CONGRESS
2d Session
S. 2507
[Report No. 106-279]
[Report No. 106-325]
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
June 14, 2000
Referred to the Committee on Armed Services pursuant to section 3(b) of
S. Res. 400, 94th Congress, for a period not to exceed 30 days of
session
June 29, 2000
Reported by Mr. Warner, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
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
<DELETED>Sec. 501. Two-year extension of authority to engage in
commercial activities as security for
intelligence collection activities.
<DELETED>Sec. 502. Nuclear test monitoring equipment.
<DELETED>Sec. 503. Experimental personnel management program for
technical personnel for certain elements of
the intelligence community.
</DELETED>Sec. 501. Prohibition on transfer of imagery analysts from
General Defense Intelligence Program to
National Imagery and Mapping Agency
Program.
Sec. 502. Prohibition on transfer of collection management personnel
from General Defense Intelligence Program
to Community Management Account.
Sec. 503. Authorized personnel ceiling for General Defense Intelligence
Program.
Sec. 504. Measurement and signature intelligence.
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'
means the following:
``(A) An officer or employee (as those terms are
defined in sections 2104 and 2105 of title 5).
``(B) An officer or enlisted member of the Armed
Forces (as those terms are defined in section 101(b) of
title 10).''.
(b) Clerical Amendment.--The table of sections at the beginning of
that chapter is amended by striking the item relating to section 798A
and inserting the following new items:
``798A. Unauthorized disclosure of classified information.
``798B. Temporary extension of section 794.''.
SEC. 304. POW/MIA ANALYTIC CAPABILITY WITHIN THE INTELLIGENCE
COMMUNITY.
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:
``pow/mia analytic capability
``Sec. 115. (a) Requirement.--(1) The Director of Central
Intelligence shall, in consultation with the Secretary of Defense,
establish and maintain in the intelligence community an analytic
capability with responsibility for intelligence in support of the
activities of the United States relating to prisoners of war and
missing persons (as that term is defined in section 1513(1) of title
10, United States Code).
``(2) The analytic capability maintained under paragraph (1) shall
be known as the `POW/MIA analytic capability of the intelligence
community'.
``(b) Scope of Responsibility.--The responsibilities of the
analytic capability maintained under subsection (a) shall--
``(1) extend to any activities of the Federal Government
with respect to prisoners of war and missing persons after
December 31, 1990; and
``(2) include support for any department or agency of the
Federal Government engaged in such activities.''.
SEC. 305. APPLICABILITY TO LAWFUL UNITED STATES INTELLIGENCE ACTIVITIES
OF FEDERAL LAWS IMPLEMENTING INTERNATIONAL TREATIES AND
AGREEMENTS.
The National Security Act of 1947 (50 U.S.C. 401 et seq.) is
amended by adding at the end the following:
``TITLE X--MISCELLANEOUS
``applicability to united states intelligence activities of federal
laws implementing international treaties and agreements
``Sec. 1001. (a) In General.--No Federal law enacted on or after
the date of the enactment of the Intelligence Authorization Act for
Fiscal Year 2001 that implements a treaty or other international
agreement shall be construed as making unlawful an otherwise lawful and
authorized intelligence activity of the United States Government or its
employees, or any other person acting at their direction to the extent
such other person is carrying out such activity on behalf of the United
States, unless such Federal law specifically addresses such
intelligence activity.
``(b) Authorized Activities.--An activity shall be treated as
authorized for purposes of subsection (a) if the activity is authorized
by an appropriate official of the United States Government, acting
within the scope of the official duties of that official and in
compliance with Federal law and any applicable Presidential
directive.''.
SEC. 306. LIMITATION ON HANDLING, RETENTION, AND STORAGE OF CERTAIN
CLASSIFIED MATERIALS BY THE DEPARTMENT OF STATE.
(a) Certification Regarding Full Compliance With Requirements.--The
Director of Central Intelligence shall certify to the appropriate
committees of Congress whether or not each covered element of the
Department of State is in full compliance with all applicable
directives of the Director of Central Intelligence, and all applicable
Executive Orders, relating to the handling, retention, or storage of
covered classified materials.
(b) Limitation on Certification.--The Director of Central
Intelligence may not certify a covered element of the Department of
State as being in full compliance with the directives and Executive
Orders referred to in subsection (a) if the covered element is
currently subject to a waiver of compliance with respect to any such
directive or Executive Order.
(c) Report on Noncompliance.--Whenever the Director of Central
Intelligence determines that a covered element of the Department of
State is not in full compliance with any directive or Executive Order
referred to in subsection (a), the Director shall promptly notify the
appropriate committees of Congress of such determination.
(d) Effects of Certification of Non-Full Compliance.--(1)(A)
Effective as of January 1, 2001, no funds authorized to be appropriated
by this Act may be obligated or expended by the Bureau of Intelligence
and Research of the Department of State unless the Director of Central
Intelligence has certified under subsection (a) as of such date that
each covered element of the Department of State is in full compliance
with the directives and Executive Orders referred to in subsection (a).
(B) If the prohibition in subparagraph (A) takes effect in
accordance with that subparagraph, the prohibition shall remain in
effect until the date on which the Director certifies under subsection
(a) that each covered element of the Department of State is in full
compliance with the directives and Executive Orders referred to in that
subsection.
(2)(A) Subject to subsection (e), effective as of January 1, 2001,
a covered element of the Department of State may not retain or store
covered classified information unless the Director has certified under
subsection (a) as of such date that the covered element is in full
compliance with the directives and Executive Orders referred to in
subsection (a).
(B) If the prohibition in subparagraph (A) takes effect in
accordance with that subparagraph, the prohibition shall remain in
effect until the date on which the Director certifies under subsection
(a) that the covered element involved is in full compliance with the
directives and Executive Orders referred to in that subsection.
(e) Presidential Waiver.--(1) The President may waive the
applicability of the prohibition in subsection (d)(2) to an element of
the Department of State otherwise covered by such prohibition if the
President determines that the waiver is in the national security
interests of the United States.
(2) The President shall submit to appropriate committees of
Congress a report on each exercise of the waiver authority in paragraph
(1).
(3) Each report under paragraph (2) with respect to the exercise of
authority under paragraph (1) shall set forth the following:
(A) The covered element of the Department of State
addressed by the waiver.
(B) The reasons for the waiver.
(C) The actions taken by the President to protect any
covered classified material to be handled, retained, or stored
by such element.
(f) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means
the following:
(A) The Select Committee on Intelligence and the
Committee on Foreign Relations of the Senate.
(B) The Permanent Select Committee on Intelligence
and the Committee on International Relations of the
House of Representatives.
(2) The term ``covered classified material'' means any
material classified at the Sensitive Compartmented Information
(SCI) level.
(3) The term ``covered element of the Department of State''
means each element of the Department of State that handles,
retains, or stores covered classified material.
(4) The term ``material'' means any data, regardless of
physical form or characteristic, including written or printed
matter, automated information systems storage media, maps,
charts, paintings, drawings, films, photographs, engravings,
sketches, working notes, papers, reproductions of any such
things by any means or process, and sound, voice, magnetic, or
electronic recordings.
(5) The term ``Sensitive Compartmented Information (SCI)
level'', in the case of classified material, means a level of
classification for information in such material concerning or
derived from intelligence sources, methods, or analytical
processes that requires such information to be handled within
formal access control systems established by the Director of
Central Intelligence.
SEC. 307. CLARIFICATION OF STANDING OF UNITED STATES CITIZENS TO
CHALLENGE CERTAIN BLOCKING OF ASSETS.
The Foreign Narcotics Kingpin Designation Act (title VIII of Public
Law 106-120; 113 Stat. 1626; 21 U.S.C. 1901 et seq.) is amended by
adding at the end the following new section:
``SEC. 811. STANDING OF UNITED STATES CITIZENS TO CHALLENGE BLOCKING OF
ASSETS.
``No provision of this title shall be construed to prohibit a
United States citizen from raising any challenge otherwise available to
the United States citizen under subchapter II of chapter 5 and chapter
7 of title 5, United States Code (commonly referred to as the
Administrative Procedure Act), or any other provision of law, with
respect to the blocking of assets by the United States under this
title.''.
SEC. 308. AVAILABILITY OF CERTAIN FUNDS FOR ADMINISTRATIVE COSTS OF
COUNTERDRUG INTELLIGENCE EXECUTIVE SECRETARIAT.
Notwithstanding section 1346 of title 31, United States Code, or
section 610 of the Treasury and General Government Appropriations Act,
2000 (Public Law 106-58; 113 Stat. 467), funds made available for
fiscal year 2000 for any department or agency of the Federal Government
with authority to conduct counterdrug intelligence activities,
including counterdrug law enforcement information-gathering activities,
may be available to finance an appropriate share of the administrative
costs incurred by the Department of Justice for the Counterdrug
Intelligence Executive Secretariat authorized by the General
Counterdrug Intelligence Plan of February 12, 2000.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
SEC. 401. EXPANSION OF INSPECTOR GENERAL ACTIONS REQUIRING A REPORT TO
CONGRESS.
Section 17(d)(3) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403q(d)(3)) is amended by striking all that follows after
subparagraph (A) and inserting the following:
``(B) an investigation, inspection, or audit carried out by
the Inspector General should focus on any current or former
Agency official who--
``(i) holds or held a position in the Agency that
is subject to appointment by the President, by and with
the advise and consent of the Senate, including such a
position held on an acting basis; or
``(ii) holds or held the position in the Agency,
including such a position held on an acting basis, of--
``(I) Executive Director;
``(II) Deputy Director for Operations;
``(III) Deputy Director for Intelligence;
``(IV) Deputy Director for Administration;
or
``(V) Deputy Director for Science and
Technology;
``(C) a matter requires a report by the Inspector General
to the Department of Justice on possible criminal conduct by a
current or former Agency official described or referred to in
subparagraph (B);
``(D) the Inspector General becomes aware of the possible
criminal conduct of a current or former Agency official
described or referred to in subparagraph (B) through a means
other than an investigation, inspection, or audit and such
conduct is not referred to the Department of Justice; or
``(E) the Inspector General, after exhausting all possible
alternatives, is unable to obtain significant documentary
information in the course of an investigation, inspection, or
audit,
the Inspector General shall immediately submit a report on such matter
to the intelligence committees.''.
SEC. 402. SUBPOENA AUTHORITY OF THE INSPECTOR GENERAL.
(a) Clarification Regarding Reports on Exercise of Authority.--
Section 17 of the Central Intelligence Agency Act of 1949 (50 U.S.C.
403q) is amended--
(1) in subsection (d)(1), by striking subparagraph (E) and
inserting the following new subparagraph (E):
``(E) a description of the exercise of the subpoena
authority under subsection (e)(5) by the Inspector General
during the reporting period; and''; and
(2) in subsection (e)(5), by striking subparagraph (E).
(b) Scope of Authority.--Subsection (e)(5)(B) of that section is
amended by striking ``Government'' and inserting ``Federal''.
SEC. 403. IMPROVEMENT AND EXTENSION OF CENTRAL SERVICES PROGRAM.
(a) Deposits in Central Services Working Capital Fund.--Subsection
(c)(2) of section 21 of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403u) is amended--
(1) by redesignating subparagraph (F) as subparagraph (H);
and
(2) by inserting after subparagraph (E) the following new
subparagraphs:
``(F) Receipts from individuals in reimbursement for
utility services and meals provided under the program.
``(G) Receipts from individuals for the rental of property
and equipment under the program.''.
(b) Clarification of Costs Recoverable Under Program.--Subsection
(e)(1) of that section is amended in the second sentence by inserting
``other than structures owned by the Agency'' after ``depreciation of
plant and equipment''.
(c) Financial Statements of Program.--Subsection (g)(2) of that
section is amended in the first sentence by striking ``annual audits
under paragraph (1)'' and inserting the following: ``financial
statements to be prepared with respect to the program. Office of
Management and Budget guidance shall also determine the procedures for
conducting annual audits under paragraph (1).''.
(d) Extension of Program.--Subsection (h)(1) of that section is
amended by striking ``March 31, 2002'' and inserting ``March 31,
2005''.
SEC. 404. DETAILS OF EMPLOYEES TO THE NATIONAL RECONNAISSANCE OFFICE.
The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et
seq.) is amended by adding at the end the following new section:
``details of employees
``Sec. 22. The Director may--
``(1) detail any personnel of the Agency on a reimbursable
basis indefinitely to the National Reconnaissance Office
without regard to any limitation under law on the duration of
details of Federal government personnel; and
``(2) hire personnel for the purpose of details under
paragraph (1).''.
SEC. 405. TRANSFERS OF FUNDS TO OTHER AGENCIES FOR ACQUISITION OF LAND.
(a) In General.--Section 8 of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 403j) is amended by adding at the end the following
new subsection:
``(c) Transfers for Acquisition of Land.--(1) Sums appropriated or
otherwise made available to the Agency for the acquisition of land that
are transferred to another department or agency for that purpose shall
remain available for 3 years.
``(2) The Director shall submit to the Select Committee on
Intelligence of the Senate and the Permanent Select Committee on
Intelligence of the House of Representatives an annual report on the
transfers of sums described in paragraph (1).''.
(b) Conforming Stylistic Amendments.--That section is further
amended--
(1) in subsection (a), by inserting ``In General.--'' after
``(a)''; and
(2) in subsection (b), by inserting ``Scope of Authority
For Expenditure.--'' after ``(b)''.
(c) Applicability.--Subsection (c) of section 8 of the Central
Intelligence Agency Act of 1949, as added by subsection (a) of this
section, shall apply with respect to amounts appropriated or otherwise
made available for the Central Intelligence Agency for fiscal years
after fiscal year 2000.
SEC. 406. ELIGIBILITY OF ADDITIONAL EMPLOYEES FOR REIMBURSEMENT FOR
PROFESSIONAL LIABILITY INSURANCE.
(a) In General.--Notwithstanding any provision of section 363 of
the Treasury, Postal Service, and General Government Appropriations
Act, 1997 (5 U.S.C. prec. 5941 note), the Director of Central
Intelligence may--
(1) designate as qualified employees within the meaning of
subsection (b) of that section appropriate categories of
employees not otherwise covered by that subsection; and
(2) use appropriated funds available to the Director to
reimburse employees within categories so designated for one-
half of the costs incurred by such employees for professional
liability insurance in accordance with subsection (a) of that
section.
(b) Reports.--The Director of Central Intelligence shall submit to
the Select Committee on Intelligence of the Senate and the Permanent
Select Committee of Intelligence of the House of Representatives a
report on each designation of a category of employees under paragraph
(1) of subsection (a), including the approximate number of employees
covered by such designation and an estimate of the amount to be
expended on reimbursement of such employees under paragraph (2) of that
subsection.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
<DELETED>SEC. 501. TWO-YEAR EXTENSION OF AUTHORITY TO ENGAGE IN
COMMERCIAL ACTIVITIES AS SECURITY FOR INTELLIGENCE
COLLECTION ACTIVITIES.</DELETED>
<DELETED> Section 431(a) of title 10, United States Code, is amended
in the second sentence by striking ``December 31, 2000'' and inserting
``December 31, 2002''.</DELETED>
<DELETED>SEC. 502. NUCLEAR TEST MONITORING EQUIPMENT.</DELETED>
<DELETED> (a) In General.--Subchapter II of chapter 138 of title 10,
United States Code, is amended by adding at the end the following new
section:</DELETED>
<DELETED>``Sec. 2350l. Nuclear test monitoring equipment</DELETED>
<DELETED> ``(a) Authority To Convey or Provide.--Subject to
subsection (b), the Secretary of Defense may, for purposes of
satisfying nuclear test explosion monitoring requirements applicable to
the United States--</DELETED>
<DELETED> ``(1) convey or otherwise provide to a foreign
government monitoring and associated equipment for nuclear test
explosion monitoring purposes; and</DELETED>
<DELETED> ``(2) install such equipment on foreign territory
or in international waters as part of such conveyance or
provision.</DELETED>
<DELETED> ``(b) Agreement Required.--Nuclear test explosion
monitoring equipment may be conveyed or otherwise provided under the
authority in subsection (a) only pursuant to the terms of an agreement
in which the foreign government receiving such equipment agrees as
follows:</DELETED>
<DELETED> ``(1) To provide the Secretary of Defense timely
access to the data produced, collected, or generated by such
equipment.</DELETED>
<DELETED> ``(2) To permit the Secretary of Defense to take
such measures as the Secretary considers necessary to inspect,
test, maintain, repair, or replace such equipment, including
access for purposes of such measures.</DELETED>
<DELETED> ``(c) Delegation of Responsibilities.--(1) The Secretary
of Defense may delegate any or all of the responsibilities of that
Secretary under subsection (b) to the Secretary of the Air
Force.</DELETED>
<DELETED> ``(2) The Secretary of the Air Force may delegate any or
all of the responsibilities delegated to that Secretary under paragraph
(1).''.</DELETED>
<DELETED> (b) Clerical Amendment.--The table of sections at the
beginning of subchapter II of such chapter is amended by inserting
after the item relating to section 2350k the following new
item:</DELETED>
<DELETED>``2350l. Nuclear test monitoring equipment.''.
<DELETED>SEC. 503. EXPERIMENTAL PERSONNEL MANAGEMENT PROGRAM FOR
TECHNICAL PERSONNEL FOR CERTAIN ELEMENTS OF THE
INTELLIGENCE COMMUNITY.</DELETED>
<DELETED> (a) Program Authorized.--During the 5-year period
beginning on the date of the enactment of this Act, the Director of
Central Intelligence may carry out a program of experimental use of the
special personnel management authority provided in subsection (b) in
order to facilitate recruitment of eminent experts in science or
engineering for research and development projects administered by the
elements of the intelligence community specified in subsection
(c).</DELETED>
<DELETED> (b) Special Personnel Management Authority.--Under the
program, the Director of Central Intelligence may--</DELETED>
<DELETED> (1) within the limitations specified in subsection
(c), appoint scientists and engineers from outside the civil
service and uniformed services (as such terms are defined in
section 2101 of title 5, United States Code) to not more than
39 scientific and engineering positions in the elements of the
intelligence community specified in that subsection without
regard to any provision of title 5, United States Code,
governing the appointment of employees in the civil
service;</DELETED>
<DELETED> (2) prescribe the rates of basic pay for positions
to which employees are appointed under paragraph (1) at rates
not in excess of the maximum rate of basic pay authorized for
senior-level positions under section 5376 of title 5, United
States Code, notwithstanding any provision of such title
governing the rates of pay or classification of employees in
the executive branch; and</DELETED>
<DELETED> (3) pay any employee appointed under paragraph (1)
payments in addition to basic pay within the limit applicable
to the employee under subsection (e)(1).</DELETED>
<DELETED> (c) Specified Elements and Limitations.--The elements of
the intelligence community in which individuals may be appointed under
the program, and the maximum number of positions for which individuals
may be appointed in each such element, are as follows:</DELETED>
<DELETED> (1) The National Imagery and Mapping Agency
(NIMA), 15 positions.</DELETED>
<DELETED> (2) The National Security Agency (NSA), 12
positions.</DELETED>
<DELETED> (3) The National Reconnaissance Office (NRO), 6
positions.</DELETED>
<DELETED> (4) The Defense Intelligence Agency (DIA), 6
positions.</DELETED>
<DELETED> (d) Limitation on Term of Appointment.--(1) Except as
provided in paragraph (2), the service of an employee under an
appointment under subsection (b)(1) may not exceed 4 years.</DELETED>
<DELETED> (2) The Director of Central Intelligence may, in the case
of a particular employee, extend the period to which service is limited
under paragraph (1) by up to 2 years if the Director determines that
such action is necessary to promote the efficiency of the element of
the intelligence community concerned.</DELETED>
<DELETED> (e) Limitations on Additional Payments.--(1) The total
amount of the additional payments paid to an employee under subsection
(b)(3) for any 12-month period may not exceed the least of the
following amounts:</DELETED>
<DELETED> (A) $25,000.</DELETED>
<DELETED> (B) The amount equal to 25 percent of the
employee's annual rate of basic pay.</DELETED>
<DELETED> (C) The amount of the limitation that is
applicable for a calendar year under section 5307(a)(1) of
title 5, United States Code.</DELETED>
<DELETED> (2) An employee appointed under subsection (b)(1) is not
eligible for any bonus, monetary award, or other monetary incentive for
service except for payments authorized under subsection
(b)(3).</DELETED>
<DELETED> (f) Period of Program.--(1) The program authorized under
this section shall terminate at the end of the 5-year period referred
to in subsection (a).</DELETED>
<DELETED> (2) After the termination of the program--</DELETED>
<DELETED> (A) no appointment may be made under paragraph (1)
of subsection (b);</DELETED>
<DELETED> (B) a rate of basic pay prescribed under paragraph
(2) of that subsection may not take effect for a position;
and</DELETED>
<DELETED> (C) no period of service may be extended under
subsection (d)(2).</DELETED>
<DELETED> (g) Savings Provisions.--In the case of an employee who,
on the day before the termination of the program, is serving in a
position pursuant to an appointment under subsection (b)(1)--</DELETED>
<DELETED> (1) the termination of the program does not
terminate the employee's employment in that position before the
expiration of the lesser of--</DELETED>
<DELETED> (A) the period for which the employee was
appointed; or</DELETED>
<DELETED> (B) the period to which the employee's
service is limited under subsection (d), including any
extension made under paragraph (2) of that subsection
before the termination of the program; and</DELETED>
<DELETED> (2) the rate of basic pay prescribed for the
position under subsection (b)(2) may not be reduced for so long
(within the period applicable to the employee under paragraph
(1)) as the employee continues to serve in the position without
a break in service.</DELETED>
<DELETED> (h) Annual Report.--(1) Not later than October 15 of each
year, beginning in 2001 and ending in the year in which the service of
employees under the program concludes (including service, if any, that
concludes under subsection (g)), the Director of Central Intelligence
shall submit a report on the program to the Select Committee on
Intelligence of the Senate and the Permanent Select Committee on
Intelligence of the House of Representatives.</DELETED>
<DELETED> (2) The report submitted in a year shall cover the 12-
month period ending on the day before the anniversary, in that year, of
the date of the enactment of this Act.</DELETED>
<DELETED> (3) The annual report shall contain, for the period
covered by the report, the following:</DELETED>
<DELETED> (A) A detailed discussion of the exercise of
authority under this section.</DELETED>
<DELETED> (B) The sources from which individuals appointed
under subsection (b)(1) were recruited.</DELETED>
<DELETED> (C) The methodology used for identifying and
selecting such individuals.</DELETED>
<DELETED> (D) Any additional information that the Director
considers helpful for assessing the utility of the authority
under this section.</DELETED>
SEC. 501. PROHIBITION ON TRANSFER OF IMAGERY ANALYSTS FROM GENERAL
DEFENSE INTELLIGENCE PROGRAM TO NATIONAL IMAGERY AND
MAPPING AGENCY PROGRAM.
(a) Prohibition on Use of Funds For Transfer.--No funds authorized
to be appropriated by this Act may be transferred from the General
Defense Intelligence Program to the National Imagery and Mapping Agency
Program for purposes of transferring imagery analysis personnel from
the General Defense Intelligence Program to the National Imagery and
Mapping Agency Program.
(b) Role of Director of NIMA as Functional Manager for Imagery and
Geospacial Programs.--(1) The Secretary of Defense shall, in
consultation with the Director of Central Intelligence, review options
for strengthening the role of the Director of the National Imagery and
Mapping Agency as the functional manager for United States imagery and
geospacial programs.
(2) Not later than March 15, 2001, the Secretary shall submit to
the appropriate committees of Congress a report on the review required
by subsection (b). The report shall include any recommendations
regarding modifications in the role and duties of the Director of the
National Imagery and Mapping Agency that the Secretary considers
appropriate in light of the review.
(3) In this subsection, the term ``appropriate committees of
Congress'' means the following:
(A) The Committee on Armed Services and the Select
Committee on Intelligence of the Senate.
(B) The Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
SEC. 502. PROHIBITION ON TRANSFER OF COLLECTION MANAGEMENT PERSONNEL
FROM GENERAL DEFENSE INTELLIGENCE PROGRAM TO COMMUNITY
MANAGEMENT ACCOUNT.
No funds authorized to be appropriated by this Act may be
transferred from the General Defense Intelligence Program to the
Community Management Account for purposes of transferring intelligence
collection management personnel.
SEC. 503. AUTHORIZED PERSONNEL CEILING FOR GENERAL DEFENSE INTELLIGENCE
PROGRAM.
The authorized personnel ceiling for the General Defense
Intelligence Program specified in the classified Schedule of
Authorizations referred to in section 102 is hereby increased by 2,152
positions.
SEC. 504. MEASUREMENT AND SIGNATURE INTELLIGENCE.
(a) Study of Options.--The Director of Central Intelligence shall,
in coordination with the Secretary of Defense, conduct a study of the
utility and feasibility of various options for improving the management
and organization of measurement and signature intelligence, including
the option of establishing a centralized tasking, processing,
exploitation, and dissemination facility for measurement and signature
intelligence.
(b) Report.--Not later than April 1, 2001, the Director and the
Secretary shall jointly submit to the appropriate committees of
Congress a report on their findings as a result of the study required
by subsection (a). The report shall set forth any recommendations that
the Director and the Secretary consider appropriate.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means the following:
(1) The Committee on Armed Services and the Select
Committee on Intelligence of the Senate.
(2) The Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
Calendar No. 654
106th CONGRESS
2d Session
S. 2507
[Report No. 106-279]
[Report No. 106-325]
_______________________________________________________________________
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.
_______________________________________________________________________
June 29, 2000
Reported with amendments