# Intelligence Authorization Act for Fiscal Year 2001/Title III

TITLE III—GENERAL PROVISIONS

## Subtitle A—Intelligence Community
### SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BYLAW.

    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. NATIONAL SECURITY AGENCY VOLUNTARY SEPARATION ACT.

    (a) In General.—
       Title III of the National Security Act of 1947 (50 U.S.C. 405 et seq.) is amended by inserting at the beginning the following new section 301:
          ``national security agency voluntary separation
          ``Sec. 301. (a) Short Title.—This section may be cited as the ``National Security Agency Voluntary Separation Act´´.
             ``(b) Definitions.—For purposes of this section—
                ``(1) the term `Director' means the Director of the National Security Agency; and
                ``(2) the term `employee' means an employee of the National Security Agency, serving under an appointment without time limitation, who has been currently employed by the National Security Agency for a continuous period of at least 12 months prior to the effective date of the program established under subsection (c), except that such term does not include—
                   ``(A) a reemployed annuitant under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or another retirement system for employees of the Government; or
                   ``(B) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under any of the retirement systems referred to in subparagraph (A).
             ``(c) Establishment of Program.—Notwithstanding any other provision of law, the Director, in his sole discretion, may establish a program under which employees may, after October 1, 2000, be eligible for early retirement, offered separation pay to separate from service voluntarily, or both.
             ``(d) Early Retirement.—An employee who—
                ``(1) is at least 50 years of age and has completed 20 years of service; or
                ``(2) has at least 25 years of service,
                ``may, pursuant to regulations promulgated under this section, apply and be retired from the National Security Agency and receive benefits in accordance with chapter 83 or 84 of title 5, United States Code, if the employee has not less than 10 years of service with the National Security Agency.
             ``(e) Amount of Separation Pay and Treatment for Other Purposes.—
                ``(1) Amount.—Separation pay shall be paid in a lump sum and shall be equal to the lesser of—
                   ``(A) an amount equal to the amount the employee would be entitled to receive under section 5595(c) of title 5, United States Code, if the employee were entitled to payment under such section; or
                   ``(B) $25,000.
                ``(2) Treatment.—Separation pay shall not—
                   ``(A) be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and
                   ``(B) be taken into account for the purpose of determining the amount of any severance pay to which an individual may be entitled under section 5595 of title 5, United States Code, based on any other separation.
             ``(f) Reemployment Restrictions.—An employee who receives separation pay under such program may not be reemployed by the National Security Agency for the 12-month period beginning on the effective date of the employee's separation. An employee who receives separation pay under this section on the basis of a separation occurring on or after the date of the enactment of the Federal Workforce Restructuring Act of 1994 (Public Law 103-236; 108 Stat. 111) and accepts employment with the Government of the United States within 5 years after the date of the separation on which payment of the separation pay is based shall be required to repay the entire amount of the separation pay to the National Security Agency. If the employment is with an Executive agency (as defined by section 105 of title 5, United States Code), the Director of the Office of Personnel Management may, at the request of the head of the agency, waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. If the employment is with an entity in the legislative branch, the head of the entity or the appointing official may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. If the employment is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position.
             ``(g) Bar on Certain Employment.—
                ``(1) Bar.—An employee may not be separated from service under this section unless the employee agrees that the employee will not—
                   ``(A) act as agent or attorney for, or otherwise represent, any other person (except the United States)in any formal or informal appearance before, or, with the intent to influence, make any oral or written communication on behalf of any other person (except the United States) to the National Security Agency; or
                   ``(B) participate in any manner in the award, modification, or extension of any contract for property or services with the National Security Agency,
                   ``during the 12-month period beginning on the effective date of the employee's separation from service.
                ``(2) Penalty.—An employee who violates an agreement under this subsection shall be liable to the United States in the amount of the separation pay paid to the employee pursuant to this section multiplied by the proportion of the 12-month period during which the employee was in violation of the agreement.
             ``(h) Limitations.—Under this program, early retirement and separation pay may be offered only—
                ``(1) with the prior approval of the Director;
                ``(2) for the period specified by the Director; and
                ``(3) to employees within such occupational groups or geographic locations, or subject to such other similar limitations or conditions, as the Director may require.
             ``(i) Regulations.—Before an employee may be eligible for early retirement, separation pay, or both, under this section, the Director shall prescribe such regulations as may be necessary to carry out this section.
             ``(j) Reporting Requirements.—
                ``(1) Notification.—The Director may not make an offer of early retirement, separation pay, or both, pursuant to this section until 15 days after submitting to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate a report describing the occupational groups or geographic locations, or other similar limitations or conditions, required by the Director under subsection (h), and includes the proposed regulations issued pursuant to subsection (i).
                ``(2) Annual report.—The Director shall submit to the President and the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate an annual report on the effectiveness and costs of carrying out this section.
             ``(k) Remittance of Funds.—In addition to any other payment that is required to be made under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, the National Security Agency shall remit to the Office of Personnel Management for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund, an amount equal to 15 percent of the final basic pay of each employee to whom a voluntary separation payment has been or is to be paid under this section. The remittance required by this subsection shall be in lieu of any remittance required by section 4(a) of the Federal Workforce Restructuring Act of 1994 (5 U.S.C. 8331 note).´´.
    (b) Clerical Amendment.—
       The table of contents for title III of the National Security Act of 1947 is amended by inserting at the beginning the following new item:
          ``Sec. 301. National Security Agency voluntary separation.´´.

### SEC. 305. 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 when such travel, in the discretion of the Director—
                ``(1) is consistent with intelligence community mission requirements, or
                ``(2) is required for cover purposes, operational needs, or other exceptional circumstances necessary for the successful performance of an intelligence community mission.
             ``(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. 306. UPDATE OF REPORT ON EFFECTS OF FOREIGN ESPIONAGE ON UNITED STATES TRADE SECRETS.

    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. 1606).

### SEC. 307. POW/MIA ANALYTIC CAPABILITY WITHIN THE INTELLIGENCE COMMUNITY.

    (a) In General.—
       Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.), as amended by section 305(a), is further amended by adding at the end the following:
``POW/MIA ANALYTIC CAPABILITY
          ``Sec. 117.
             ``(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 individuals who, after December 31, 1990, are unaccounted for United States personnel.
                ``(2) The analytic capability maintained under paragraph (1) shall be known as the `POW/MIA analytic capability of the intelligence community'.
             ``(b) Unaccounted for United States personnel.—In this section, the term `unaccounted for United States personnel' means the following:
                ``(1) Any missing person (as that term is defined in section 1513(1) of title 10, United States Code).
                ``(2) Any United States national who was killed while engaged in activities on behalf of the United States and whose remains have not been repatriated to the United States.´´.
    (b) Clerical Amendment.—
       The table of contents for the National Security Act of 1947, as amended by section 305(b), is further amended by inserting after the item relating to section 116 the following new item:
          ``Sec. 117. POW/MIA analytic capability.´´.

### SEC. 308. APPLICABILITY TO LAWFUL UNITED STATES INTELLIGENCE ACTIVITIES OF FEDERAL LAWS IMPLEMENTING INTERNATIONAL TREATIES AND AGREEMENTS.

    (a) In General.—
       The National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended by adding at the end the following new title:
          ``TITLE X—ADDITIONAL MISCELLANEOUS PROVISIONS
          ``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 to the extent such other person is carrying out such activity on behalf of, and at the direction of, the United States, unless such Federal law specifically addresses such intelligence activity.
             ``(b) Authorized Intelligence Activities.—An intelligence activity shall be treated as authorized for purposes of subsection (a) if the intelligence 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.´´.
    (b) Clerical Amendment.—
       The table of contents for the National Security Act of 1947 is amended by inserting at the end the following new items:
          ``TITLE X—ADDITIONAL MISCELLANEOUS PROVISIONS
          ``Sec. 1001. Applicability to 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.

    (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 relating to the handling, retention, or storage of covered classified material.
    (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 referred to in subsection (a) if the covered element is currently subject to a waiver of compliance with respect to any such directive.
    (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 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) 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 material unless the Director has certified under subsection (a) as of such date that the covered element is in full compliance with the directives referred to in subsection (a).
       (2) If the prohibition in paragraph (1) takes effect in accordance with that paragraph, 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 referred to in that subsection.
    (e) Waiver by Director of Central Intelligence.—
       (1) The Director of Central Intelligence may waive the applicability of the prohibition in subsection (d) to an element of the Department of State otherwise covered by such prohibition if the Director determines that the waiver is in the national security interests of the United States.
       (2) The Director 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 that will be taken to bring such element into full compliance with the directives referred to in subsection (a), including a schedule for completion of such actions.
          (D) The actions taken by the Director to protect any covered classified material to be handled, retained, or stored by such element pending achievement of full compliance of such element with such directives.
    (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 with informal access control systems established by the Director of Central Intelligence.

### SEC. 310. DESIGNATION OF DANIEL PATRICK MOYNIHAN PLACE.

    (a) Findings.—
       Congress finds that—
       (1) during the second half of the twentieth century, Senator Daniel Patrick Moynihan promoted the importance of architecture and urban planning in the Nation's Capital, particularly with respect to the portion of Pennsylvania Avenue between the WhiteHouse and the United States Capitol (referred to in this subsection as the ``Avenue´´);
       (2) Senator Moynihan has stressed the unique significance of the Avenue as conceived by Pierre Charles L'Enfant to be the ``grand axis´´ of the Nation's Capital as well as a symbolic representation of the separate yet unified branches of the United States Government;
       (3) through his service to the Ad Hoc Committee on Federal Office Space (1961-1962), as a member of the President's Council on Pennsylvania Avenue (1962-1964), and as vice-chairman of the President's Temporary Commission on Pennsylvania Avenue (1965-1969), and in his various capacities in the executive and legislative branches, Senator Moynihan has consistently and creatively sought to fulfill President Kennedy's recommendation of June 1, 1962, that the Avenue not become a ``solid phalanx of public and private office buildings which close down completely at night and on weekends,´´ but that it be ``lively, friendly, and inviting, as well as dignified and impressive´´;
       (4)(A) Senator Moynihan helped draft a Federal architectural policy, known as the ``Guiding Principles for Federal Architecture,´´ that recommends a choice of designs that are ``efficient and economical´´ and that provide ``visual testimony to the dignity, enterprise, vigor, and stability´´ of the United States Government; and
          (B) the Guiding Principles for Federal Architecture further state that the ``development of an official style must be avoided. Design must flow from the architectural profession to the Government, and not vice versa.´´;
       (5) Senator Moynihan has encouraged—
          (A) the construction of new buildings along the Avenue, such as the Ronald Reagan Building and International Trade Center; and
          (B) the establishment of an academic institution along the Avenue, namely the Woodrow Wilson International Center for Scholars, a living memorial to President Wilson; and
       (6) as Senator Moynihan's service in the Senate concludes, it is appropriate to commemorate his legacy of public service and his commitment to thoughtful urban design in the Nation's Capital.
    (b) Designation.—
       The parcel of land located in the northwest quadrant of Washington, District of Columbia, and described in subsection (c) shall be known and designated as ``Daniel Patrick Moynihan Place´´.
    (c) Boundaries.—
       The parcel of land described in this subsection is the portion of Woodrow Wilson Plaza (as designated by Public Law 103-284 (108 Stat. 1448)) that is bounded—
       (1) on the west by the eastern facade of the Ronald Reagan Building and International Trade Center;
       (2) on the east by the western facade of the Ariel Rios Building;
       (3) on the north by the southern edge of the sidewalk abutting Pennsylvania Avenue; and
       (4) on the south by the line that extends west to the facade of the Ronald Reagan Building and International Trade Center, from the point where the west facade of the Ariel Rios Building intersects the north end of the west hemicycle of that building.
    (d) References.—
       Any reference in a law, map, regulation, document, paper, or other record of the United States to the parcel of land described in subsection (c) shall be deemed to be a reference to Daniel Patrick Moynihan Place.
    (e) Markers.—
       The Administrator of General Services shall erect appropriate gateways or other markers in Daniel Patrick Moynihan Place so denoting that place.

## Subtitle B—Diplomatic Telecommunications Service Program Office (DTS-PO)
### SEC. 321. REORGANIZATION OF DIPLOMATIC TELECOMMUNICATIONS SERVICE PROGRAM OFFICE.

    (a) Reorganization.—
       Effective 60 days after the date of the enactment of this Act, the Diplomatic Telecommunications Service Program Office (DTS-PO) established pursuant to title V of Public Law 102-140 shall be reorganized in accordance with this subtitle.
    (b) Purpose and Duties of DTS-PO.—
       The purpose and duties of DTS-PO shall be to carry out a program for the establishment and maintenance of a diplomatic telecommunications system and communications network (hereinafter in this subtitle referred to as ``DTS´´) capable of providing multiple levels of service to meet the wide ranging needs of all United States Government agencies and departments at diplomatic facilities abroad, including national security needs for secure, reliable, and robust communications capabilities.

### SEC. 322. PERSONNEL.

    (a) Establishment of Position of Chief Executive Officer.—
          (1) In general.—
             Effective 60 days after the date of the enactment of this Act, there is established the position of Chief Executive Officer of the Diplomatic Telecommunications Service Program Office (hereinafter in this subtitle referred to as the ``CEO´´).
          (2) Qualifications.—
                (A) In general.—
                   The CEO shall be an individual who—
                      (i) is a communications professional;
                      (ii) has served in the commercial telecommunications industry for at least 7 years;
                      (iii) has an extensive background in communications system design, maintenance, and support and a background in organizational management; and
                      (iv) submits to a background investigation and possesses the necessary qualifications to obtain a security clearance required to meet the highest United States Government security standards.
                (B) Limitations.—
                   The CEO may not be an individual who was an officer or employee of DTS-PO prior to the date of the enactment of this Act.
          (3) Appointment authority.—
             The CEO of DTS-PO shall be appointed by the Director of the Office of Management and Budget.
          (4) First appointment.—
                (i) Deadline.—
                   The first appointment under this subsection shall be made not later than May1, 2001.
                (ii) Limitation on use of funds.—
                   Of the funds available for DTS-PO on the date of the enactment of this Act, not more than 75 percent of such funds may be obligated or expended until a CEO is appointed under this subsection and assumes such position.
                (iii) May not be an officer or employee of federal government.—
                   The individual first appointed as CEO under this subtitle may not have been an officer or employee of the Federal government during the 1-year period immediately preceding such appointment.
          (5) Vacancy.—
             In the event of a vacancy in the position of CEO or during the absence or disability of the CEO, the Director of the Office of Management and Budget may designate an officer or employee of DTS-PO to perform the duties of the position as the acting CEO.
          (6) Authorities and duties.—
                (A) In general.—
                   The CEO shall have responsibility for day-to-day management and operations of DTS, subject to the supervision of the Diplomatic Telecommunication Service Oversight Board established under this subtitle.
                (B) Specific authorities.—
                   In carrying out the responsibility for day-to-day management and operations of DTS, the CEO shall, at a minimum, have—
                      (i) final decision-making authority for implementing DTS policy; and
                      (ii) final decision-making authority for managing all communications technology and security upgrades to satisfy DTS user requirements.
                (C) Certification regarding security.—
                   The CEO shall certify to the appropriate congressional committees that the operational and communications security requirements and practices of DTS conform to the highest security requirements and practices required by any agency utilizing the DTS.
                (D) Reports to congress.—
                      (i) Semiannual reports.—
                         Beginning on August 1, 2001, and every 6 months thereafter, the CEO shall submit to the appropriate congressional committees of jurisdiction a report regarding the activities of DTS-PO during the preceding 6 months, the current capabilities of DTS-PO, and the priorities of DTS-PO for the subsequent 6-month period. Each report shall include a discussion about any administrative, budgetary, or management issues that hinder the ability of DTS-PO to fulfill its mandate.
                      (ii) Other reports.—
                         In addition to the report required by clause (i), the CEO shall keep the appropriate congressional committees of jurisdiction fully and currently informed with regard to DTS-PO activities, particularly with regard to any significant security infractions or major outages in the DTS.
    (b) Establishment of Positions of Deputy Executive Officer.—
          (1) In general.—
             There shall be two Deputy Executive Officers of the Diplomatic Telecommunications Service Program Office, each to be appointed by the President.
          (2) Duties.—
             The Deputy Executive Officers shall perform such duties as the CEO may require.
    (c) Termination of Positions of Director and Deputy Director.—
       Effective upon the first appointment of a CEO pursuant to subsection (a), the positions of Director and Deputy Director of DTS-PO shall terminate.
    (d) Employees of DTS-PO.—
          (1) In general.—
             DTS-PO is authorized to have the following employees: a CEO established under subsection (a), two Deputy Executive Officers established under subsection (b), and not more than four other employees.
          (2) Applicability of certain civil service laws.—
             The CEO and other officers and employees of DTS-PO may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates.
          (3) Authority of director of OMB to prescribe pay of employees.—
             The Director of the Office of Management and Budget shall prescribe the rates of basic pay for positions to which employees are appointed under this section on the basis of their unique qualifications.
    (e) Staff of Federal Agencies.—
          (1) In general.—
             Upon request of the CEO, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to DTS-PO to assist it in carrying out its duties under this subtitle.
          (2) Continuation of service.—
             An employee of a Federal department or agency who was performing services on behalf of DTS-PO prior to the effective date of the reorganization under this subtitle shall continue to be detailed to DTS-PO after that date, upon request.

### SEC. 323. DIPLOMATIC TELECOMMUNICATIONS SERVICE OVERSIGHT BOARD.

    (a) Oversight Board Established.—
          (1) In general.—
             There is hereby established the Diplomatic Telecommunications Service Oversight Board (hereinafter in this subtitle referred to as the ``Board´´) as an instrumentality of the United States with the powers and authorities herein provided.
          (2) Status.—
             The Board shall oversee and monitor the operations of DTS-PO and shall be accountable for the duties assigned to DTS-PO under this subtitle.
          (3) Membership.—
                (A) In general.—
                   The Board shall consist of three members as follows:
                      (i) The Deputy Director of the Office of Management and Budget.
                      (ii) Two members to be appointed by the President.
                (B) Chairperson.—
                   The chairperson of the Board shall be the Deputy Director of the Office of Management and Budget.
                (C) Terms.—
                   Members of the Board appointed by the President shall serve at the pleasure of the President.
                (D) Quorum required.—
                   A quorum shall consist of all members of the Board and all decisions of the Board shall require a majority vote.
          (4) Prohibition on compensation.—
             Members of the Board may not receive additional pay, allowances, or benefits by reason of their service on the Board.
          (5) Duties and Authorities.—
             The Board shall have the following duties and authorities with respect to DTS-PO:
                (A) To review and approve overall strategies, policies, and goals established by DTS-PO for its activities.
                (B) To review and approve financial plans, budgets, and periodic financing requests developed by DTS-PO.
                (C) To review the overall performance of DTS-PO on a periodic basis, including its work, management activities, and internal controls, and the performance of DTS-PO relative to approved budget plans.
                (D) To require from DTS-PO any reports, documents, and records the Board considers necessary to carry out its oversight responsibilities.
                (E) To evaluate audits of DTS-PO.
          (6) Limitation on authority.—
             The CEO shall have the authority, without any prior review or approval by the Board, to make such determinations as the CEO considers appropriate and take such actions as the CEO considers appropriate with respect to the day-to-day management and operation of DTS-PO and to carry out the reforms of DTS-PO authorized by section 305 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (section 305 of appendix G of Public Law 106-113).

### SEC. 324. GENERAL PROVISIONS.

    (a) Report to Congress.—
       Not later than March 1, 2001, the Director of the Office of Management and Budget shall submit to the appropriate congressional committees of jurisdiction a report which includes the following elements with respect to DTS-PO:
          (1) Clarification of the process for the CEO to report to the Board.
          (2) Details of the CEO's duties and responsibilities.
          (3) Details of the compensation package for the CEO and other employees of DTS-PO.
          (4) Recommendations to the Overseas Security Policy Board (OSPB) for updates.
          (5) Security standards for information technology.
          (6) The upgrade precedence plan for overseas posts with national security interests.
          (7) A spending plan for the additional funds provided for the operation and improvement of DTS for fiscal year 2001.
    (b) Notification Requirements.—
       The notification requirements of sections 502 and 505 of the National Security Act of 1947 shall apply to DTS-PO and the Board.
    (c) Procurement Authority of DTS-PO.—
       The procurement authorities of any of the users of DTS shall be available to the DTS-PO.
    (d) Definition of appropriate congressional committees of jurisdiction.—
       As used in this subtitle, the term ``appropriate congressional committees of jurisdiction´´ means the Committee on Appropriations, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate and the Committee on Appropriations, the Committee on International Relations, and the Permanent Select Committee on Intelligence of the House of Representatives.
    (e) Statutory Construction.—
       Nothing in this subtitle shall be construed to negate or to reduce the statutory obligations of any United States department or agency head.
    (f) Authorization of Appropriations for DTS-PO.—
       For each of the fiscal years 2002 through 2006, there are authorized to be appropriated directly to DTS-PO such sums as may be necessary to carry out the management, oversight, and security requirements of this subtitle.