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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2507 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 528
106th CONGRESS
  2d Session
                                S. 2507

                          [Report No. 106-279]

 To authorize appropriations for fiscal year 2001 for intelligence and 
 intelligence-related activities of the United States Government, the 
   Community Management Account, and the Central Intelligence Agency 
       Retirement and Disability System, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 4, 2000

  Mr. Shelby from the Select Committee on Intelligence, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL

 
 To authorize appropriations for fiscal year 2001 for intelligence and 
 intelligence-related activities of the United States Government, the 
   Community Management Account, and the Central Intelligence Agency 
       Retirement and Disability System, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 2001''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Community Management Account.
 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.
                     TITLE III--GENERAL PROVISIONS

Sec. 301. Increase in employee compensation and benefits authorized by 
                            law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Prohibition on unauthorized disclosure of classified 
                            information.
Sec. 304. POW/MIA analytic capability within the intelligence 
                            community.
Sec. 305. Applicability to lawful United States intelligence activities 
                            of Federal laws implementing international 
                            treaties and agreements.
Sec. 306. Limitation on handling, retention, and storage of certain 
                            classified materials by the Department of 
                            State.
Sec. 307. Clarification of standing of United States citizens to 
                            challenge certain blocking of assets.
Sec. 308. Availability of certain funds for administrative costs of 
                            Counterdrug Intelligence Executive 
                            Secretariat.
                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

Sec. 401. Expansion of Inspector General actions requiring a report to 
                            Congress.
Sec. 402. Subpoena authority of the Inspector General.
Sec. 403. Improvement and extension of central services program.
Sec. 404. Details of employees to the National Reconnaissance Office.
Sec. 405. Transfers of funds to other agencies for acquisition of land.
Sec. 406. Eligibility of additional employees for reimbursement for 
                            professional liability insurance.
         TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

Sec. 501. Two-year extension of authority to engage in commercial 
                            activities as security for intelligence 
                            collection activities.
Sec. 502. Nuclear test monitoring equipment.
Sec. 503. Experimental personnel management program for technical 
                            personnel for certain elements of the 
                            intelligence community.

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations for Fiscal Year 2001.--Funds 
are hereby authorized to be appropriated for fiscal year 2001 for the 
conduct of the intelligence and intelligence-related activities of the 
following elements of the United States Government:
            (1) The Central Intelligence Agency.
            (2) The Department of Defense.
            (3) The Defense Intelligence Agency.
            (4) The National Security Agency.
            (5) The National Reconnaissance Office.
            (6) The National Imagery and Mapping Agency.
            (7) The Department of the Army, the Department of the Navy, 
        and the Department of the Air Force.
            (8) The Department of State.
            (9) The Department of the Treasury.
            (10) The Department of Energy.
            (11) The Federal Bureau of Investigation.
    (b) Authorization of Appropriations for Certain Elements for Fiscal 
Years 2002 Through 2005.--Funds are hereby authorized to be 
appropriated for each of fiscal years 2002 through 2005 for the conduct 
in each such fiscal year of the intelligence and intelligence-related 
activities of the following elements of the United States Government:
            (1) The Central Intelligence Agency.
            (2) The Defense Intelligence Agency.
            (3) The National Security Agency.
            (4) The National Reconnaissance Office.

 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

    (a) Specifications of Amounts and Personnel Ceilings.--The amounts 
authorized to be appropriated under section 101, and the authorized 
personnel ceilings as of September 30, 2001, for the conduct of the 
intelligence and intelligence-related activities of the elements listed 
in such section, are those specified in the classified Schedule of 
Authorizations prepared to accompany the conference report on the bill 
________ of the One Hundred Sixth Congress.
    (b) Availability of Classified Schedule of Authorizations.--The 
Schedule of Authorizations shall be made available to the Committees on 
Appropriations of the Senate and House of Representatives and to the 
President. The President shall provide for suitable distribution of the 
Schedule, or of appropriate portions of the Schedule, within the 
Executive Branch.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

    (a) Authority for Adjustments.--With the approval of the Director 
of the Office of Management and Budget, the Director of Central 
Intelligence may authorize employment of civilian personnel in excess 
of the number authorized for fiscal year 2001 under section 102 when 
the Director of Central Intelligence determines that such action is 
necessary to the performance of important intelligence functions, 
except that the number of personnel employed in excess of the number 
authorized under such section may not, for any element of the 
intelligence community, exceed two percent of the number of civilian 
personnel authorized under such section for such element.
    (b) Notice to Intelligence Committees.--The Director of Central 
Intelligence shall promptly notify the Select Committee on Intelligence 
of the Senate and the Permanent Select Committee on Intelligence of the 
House of Representatives whenever the Director exercises the authority 
granted by this section.

SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

    (a) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated for 
        the Community Management Account of the Director of Central 
        Intelligence for fiscal year 2001 the sum of $232,051,000.
            (2) Availability for advanced research and development 
        committee.--Within the amount authorized to be appropriated in 
        paragraph (1), amounts identified in the classified Schedule of 
        Authorizations referred to in section 102(a) for the Advanced 
        Research and Development Committee shall remain available until 
        September 30, 2002.
    (b) Authorized Personnel Levels.--The elements within the Community 
Management Account of the Director of Central Intelligence are 
authorized a total of 618 full-time personnel as of September 30, 2001. 
Personnel serving in such elements may be permanent employees of the 
Community Management Account element or personnel detailed from other 
elements of the United States Government.
    (c) Classified Authorizations.--
            (1) Authorization of appropriations.--In addition to 
        amounts authorized to be appropriated for the Community 
        Management Account by subsection (a), there is also authorized 
        to be appropriated for the Community Management Account for 
        fiscal year 2001 such additional amounts as are specified in 
        the classified Schedule of Authorizations referred to in 
        section 102(a).
            (2) Authorization of personnel.--In addition to the 
        personnel authorized by subsection (b) for elements of the 
        Community Management Account as of September 30, 2001, there is 
        hereby authorized such additional personnel for such elements 
        as of that date as is specified in the classified Schedule of 
        Authorizations.
    (d) Reimbursement.--Except as provided in section 113 of the 
National Security Act of 1947 (50 U.S.C. 404h), during fiscal year 
2001, any officer or employee of the United States or member of the 
Armed Forces who is detailed to the staff of an element within the 
Community Management Account from another element of the United States 
Government shall be detailed on a reimbursable basis, except that any 
such officer, employee, or member may be detailed on a nonreimbursable 
basis for a period of less than one year for the performance of 
temporary functions as required by the Director of Central 
Intelligence.
    (e) National Drug Intelligence Center.--
            (1) In general.--Of the amount authorized to be 
        appropriated in subsection (a), $27,000,000 shall be available 
        for the National Drug Intelligence Center. Within such amount, 
        funds provided for research, development, test, and evaluation 
        purposes shall remain available until September 30, 2002, and 
        funds provided for procurement purposes shall remain available 
        until September 30, 2003.
            (2) Transfer of funds.--The Director of Central 
        Intelligence shall transfer to the Attorney General of the 
        United States funds available for the National Drug 
        Intelligence Center under paragraph (1). The Attorney General 
        shall utilize funds so transferred for activities of the 
        National Drug Intelligence Center.
            (3) Limitation.--Amounts available for the National Drug 
        Intelligence Center may not be used in contravention of the 
        provisions of section 103(d)(1) of the National Security Act of 
        1947 (50 U.S.C. 403-3(d)(1)).
            (4) Authority.--Notwithstanding any other provision of law, 
        the Attorney General shall retain full authority over the 
        operations of the National Drug Intelligence Center.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the Central Intelligence 
Agency Retirement and Disability Fund for fiscal year 2001 the sum of 
$216,000,000.

                     TITLE III--GENERAL PROVISIONS

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY 
              LAW.

    Appropriations authorized by this Act for salary, pay, retirement, 
and other benefits for Federal employees may be increased by such 
additional or supplemental amounts as may be necessary for increases in 
such compensation or benefits authorized by law.

SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

    The authorization of appropriations by this Act shall not be deemed 
to constitute authority for the conduct of any intelligence activity 
which is not otherwise authorized by the Constitution or the laws of 
the United States.

SEC. 303. PROHIBITION ON UNAUTHORIZED DISCLOSURE OF CLASSIFIED 
              INFORMATION.

    (a) In General.--Chapter 37 of title 18, United States Code, is 
amended--
            (1) by redesignating section 798A as section 798B; and
            (2) by inserting after section 798 the following new 
        section 798A:
``Sec. 798A. Unauthorized disclosure of classified information
    ``(a) Prohibition.--Whoever, being an officer or employee of the 
United States, a former or retired officer or employee of the United 
States, any other person with authorized access to classified 
information, or any other person formerly with authorized access to 
classified information, knowingly and willfully discloses, or attempts 
to disclose, any classified information to a person who is not both an 
officer or employee of the United States and who is not authorized 
access to the classified information shall be fined not more than 
$10,000, imprisoned not more than 3 years, or both.
    ``(b) Construction of Prohibition.--Nothing in this section shall 
be construed to establish criminal liability for disclosure of 
classified information in accordance with applicable law to the 
following:
            ``(1) Any justice or judge of a court of the United States 
        established pursuant to article III of the Constitution of the 
        United States.
            ``(2) The Senate or House of Representatives, or any 
        committee or subcommittee thereof, or joint committee thereof, 
        or any member of Congress.
    ``(c) Definitions.--In this section:
            ``(1) The term `authorized', in the case of access to 
        classified information, means having authority or permission to 
        have access to the classified information pursuant to the 
        provisions of a statute, Executive Order, regulation, or 
        directive of the head of any department or agency who is 
        empowered to classify information, an order of any United 
        States court, or a provision of any Resolution of the Senate or 
        Rule of the House of Representatives which governs release of 
        classified information by the such House of Congress.
            ``(2) The term `classified information' means information 
        or material designated and clearly marked or represented, or 
        that the person knows or has reason to believe has been 
        determined by appropriate authorities, pursuant to the 
        provisions of a statute or Executive Order, as requiring 
        protection against unauthorized disclosure for reasons of 
        national security.
            ``(3) The term `officer or employee of the United States' 
        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

SEC. 501. TWO-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 in the 
second sentence by striking ``December 31, 2000'' and inserting 
``December 31, 2002''.

SEC. 502. NUCLEAR TEST MONITORING EQUIPMENT.

    (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:
``Sec. 2350l. Nuclear test monitoring equipment
    ``(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--
            ``(1) convey or otherwise provide to a foreign government 
        monitoring and associated equipment for nuclear test explosion 
        monitoring purposes; and
            ``(2) install such equipment on foreign territory or in 
        international waters as part of such conveyance or provision.
    ``(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:
            ``(1) To provide the Secretary of Defense timely access to 
        the data produced, collected, or generated by such equipment.
            ``(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.
    ``(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.
    ``(2) The Secretary of the Air Force may delegate any or all of the 
responsibilities delegated to that Secretary under paragraph (1).''.
    (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:

``2350l. Nuclear test monitoring equipment.''.

SEC. 503. EXPERIMENTAL PERSONNEL MANAGEMENT PROGRAM FOR TECHNICAL 
              PERSONNEL FOR CERTAIN ELEMENTS OF THE INTELLIGENCE 
              COMMUNITY.

    (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).
    (b) Special Personnel Management Authority.--Under the program, the 
Director of Central Intelligence may--
            (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;
            (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
            (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).
    (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:
            (1) The National Imagery and Mapping Agency (NIMA), 15 
        positions.
            (2) The National Security Agency (NSA), 12 positions.
            (3) The National Reconnaissance Office (NRO), 6 positions.
            (4) The Defense Intelligence Agency (DIA), 6 positions.
    (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.
    (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.
    (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:
            (A) $25,000.
            (B) The amount equal to 25 percent of the employee's annual 
        rate of basic pay.
            (C) The amount of the limitation that is applicable for a 
        calendar year under section 5307(a)(1) of title 5, United 
        States Code.
    (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).
    (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).
    (2) After the termination of the program--
            (A) no appointment may be made under paragraph (1) of 
        subsection (b);
            (B) a rate of basic pay prescribed under paragraph (2) of 
        that subsection may not take effect for a position; and
            (C) no period of service may be extended under subsection 
        (d)(2).
    (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)--
            (1) the termination of the program does not terminate the 
        employee's employment in that position before the expiration of 
        the lesser of--
                    (A) the period for which the employee was 
                appointed; or
                    (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
            (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.
    (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.
    (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.
    (3) The annual report shall contain, for the period covered by the 
report, the following:
            (A) A detailed discussion of the exercise of authority 
        under this section.
            (B) The sources from which individuals appointed under 
        subsection (b)(1) were recruited.
            (C) The methodology used for identifying and selecting such 
        individuals.
            (D) Any additional information that the Director considers 
        helpful for assessing the utility of the authority under this 
        section.

                                                       Calendar No. 528

106th CONGRESS

  2d Session

                                S. 2507

                          [Report No. 106-279]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                              May 4, 2000

                 Read twice and placed on the calendar
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